General Terms and Conditions (GTC)

1. General

Our general terms and conditions are part of every contract concluded with us, unless otherwise agreed in writing. These terms and conditions apply between the customer and SoSilent UG (limited liability), Tumblingerstraße 12, 80337 Munich (hereinafter referred to as "we" or "SoSilent").

Our offer is aimed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) (hereinafter referred to as "entrepreneurs"), i.e. natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, act in the exercise of their commercial or independent professional activity. Sales to consumers within the meaning of Section 13 of the German Civil Code do not take place.

The following terms and conditions apply to all deliveries and services from us. Deviating provisions, in particular purchasing provisions or terms and conditions of the buyer, will only become part of the contract if this is expressly agreed in writing. Verbal agreements require our written confirmation.

2. Offer, conclusion of contract

Our offers are subject to change in all respects. Orders are only binding after our confirmation.

The buyer agrees to receive offers and order confirmations exclusively in electronic form.

SoSilent can withdraw from the contract if the customer has not fulfilled obligations from previous orders. SoSilent also has the right to withdraw if we have indications of payment risks on the part of the customer and the customer refuses to make an advance payment.

If the customer cancels his order for a reason for which he is responsible, the parts in the production process must be paid for by the customer.

SoSilent reserves the right to make design and shape changes during the delivery period, provided that the delivery item and its function and appearance are not fundamentally changed. This does not result in a change in prices.

3. Prices, shipping costs

Deliveries and services are provided at the prices and conditions stated in the written order confirmation. The prices stated therein are net prices , exclusive of statutory VAT. The statutory VAT is shown separately.

Shipping costs will be charged for all orders. They are shown on the offer or order confirmation.

We reserve the right to change or adjust prices for products and services in our range at any time. This will not affect orders already placed.

Price errors and cancellations:

Despite the greatest care, errors in pricing may occur on rare occasions. Should such an obvious pricing error occur, we reserve the right to cancel orders placed at an incorrect price. In this case, the buyer will be informed immediately and any payments already made will be refunded in full.

If the conclusion of the contract is based on an obvious error on our part (e.g. incorrect price information due to technical errors or input errors), we reserve the right to contest the purchase contract in accordance with Section 119 of the German Civil Code (BGB). In such a case, the buyer will be contacted immediately and any payments already made will be refunded in full.

Price information in our online shop is generally binding. This does not apply to obvious pricing errors that are recognizable to the buyer, for example if the price stated is disproportionately low compared to the market value of the product.

In cases of a pricing error, we may, at our sole discretion, make the buyer an alternative offer, such as an appropriate discount on the regular price or the conclusion of a new purchase contract on the correct terms.

4. Terms of payment

We generally offer the payment methods prepayment, invoice and PayPal. We reserve the right not to offer certain payment methods for each order and to refer to other payment methods. We only accept payments from accounts within the European Union (EU). Any costs of a money transaction are to be borne by the buyer.

When purchasing on account, the buyer will be informed about the due date of the purchase price on the order confirmation.

The buyer agrees to receive invoices and credit notes exclusively in electronic form.

5. Delivery time

Delivery dates given are non-binding. The delivery dates given are estimated delivery dates, which may be extended due to force majeure, shortage of raw materials, etc. Partial deliveries are possible. The buyer will be informed of any delays in delivery as soon as possible.

The delivery time is determined according to calendar weeks.

If you pay in advance by bank transfer, the goods will only be dispatched after we have received the full purchase price and shipping costs.

6. Transport damage

If goods are delivered with obvious transport damage, the buyer is asked to report such errors to the deliverer immediately and to contact us as soon as possible. Failure to make a complaint or contact us has no consequences for the statutory warranty rights of consumers.

Merchants must immediately submit complaints about defects in writing in accordance with Section 377 of the German Commercial Code (HGB). Once the goods have been expressly accepted, complaints about defects can no longer be made.

7. Warranty

The buyer's warranty rights as a merchant presuppose that he has properly fulfilled his inspection and complaint obligations pursuant to Section 377 of the German Commercial Code (HGB).

The following applies to merchants and entrepreneurs: Claims for defects expire 12 months after the goods delivered by us have been delivered to the customer. The statutory limitation period applies to claims for damages in the event of intent and gross negligence, as well as in the event of injury to life, body and health that are based on an intentional or negligent breach of duty by the user. Insofar as the law stipulates longer periods, these periods apply.

Consumers are subject to statutory warranty rights.

Quality agreements take precedence over objective requirements.

8. Right of withdrawal

No right of withdrawal for entrepreneurs:

Since our offer is aimed exclusively at entrepreneurs, there is no right of withdrawal according to § 312g BGB.

9. Liability

We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We are liable for minor negligence in the event of damages resulting from injury to life, body or health of persons and in the event of a breach of a material contractual obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance you can regularly rely (cardinal obligation). Liability for minor negligence in the event of a breach of a material contractual obligation is limited to the amount of damages foreseeable at the time the contract was concluded, the occurrence of which must typically be expected. This limitation of liability also applies to our vicarious agents and employees.

10. Retention of title

All deliveries and services are subject to retention of title. The delivered goods remain our property until the purchase price and all other claims of SoSilent against the buyer from the current business relationship have been paid in full.

11. Miscellaneous

This contract and the entire legal relationship between the parties are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

The place of performance and exclusive place of jurisdiction for all disputes arising from this contract is, provided the buyer is a merchant, the registered office of SoSilent.

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

12. Amendment of the General Terms and Conditions

We may change these general terms and conditions at any time. The current general terms and conditions apply to orders, which we will refer to separately when placing the order.