Terms and conditions
General terms and conditions of soda button®
I. General regulations
1. Scope
1.1 Contract partner
These general terms and conditions ("AGB") apply to all contracts between them ("you" and "customer") and us, the Sodastaste® GmbH, represented by your managing director Andreas Jahn, Im Grund 3, D-99897 Tambach-Dietharz, Tel.: +49 36252 460-860, email: info@sodataste.com, registered in the commercial register of the Jena District Court under HRB 520032, VAT-ID DE356237043 („we “) via our online shop (“ online shop ”) that can be called up on the Internet address https://sodatastaste.com (“ website ”). The decisive factor is the version of the terms and conditions valid when the contract is concluded. We do not recognize different general terms and conditions from you, unless we expressly agree to your validity in writing.
1.2 Customers
Our online shop is aimed at you as a consumer (§ 13 Civil Code-"BGB") or entrepreneur (§ 14 BGB) or as a legal entity under public law or special fund under public law. The conditions for paragraph I. of these terms and conditions apply to all customers. Section II only applies to consumers. Section III. only applies to entrepreneurs, legal entities under public law and special funds under public law (hereinafter referred to as "entrepreneurs"). In accordance with § 13 BGB, consumer is every natural person who concludes a legal transaction for purposes that can mostly be attributed to their commercial nor their independent professional activity. In contrast, entrepreneur is a natural or legal person or a legal partnership that acts in the exercise of their commercial or independent professional activity when the legal transaction is concluded (Section 14 (1) BGB).
1.3 Wholesale and intermediate trade
In addition to consumers, our online shop only aims at entrepreneurial customers who are end consumers, i.e. not major or middlemen, and also does not grant entrepreneurs. If you are interested in a collaboration as our sales partner as a major or intermediary, please contact us.
2. Contract conclusion
2.1 goods
The object of purchase within the meaning of these terms and conditions is on the one hand sodaast®, i.e. flavored carbon dioxide, which is either delivered in new CO2 cylinders ("new cylinder") or used CO2 cylinders. Exchange cylinder "). If you do not send us a cylinder within the period determined for Section 2.2.
In addition to sodastaste®, we pass the "goods" together.
2.2 Cylinder exchange
(1) For exchanging cylinders, we do not charge you a deposit for the exchange cylinder when buying sodastast®, but we will send you a return label and a packaging with the goods in which you have to send the same number of cylinders back to us within 21 days of the purchase date, which corresponds to the number of exchanges delivered to you. ("Exchange deadline"). If no exchangeable cylinder has been received within the exchange period or too few or incomplete or incomplete or due to them defects (para. 3), we subsequently calculate a purchase price relating to us, which you have to pay at us within fourteen (14) days after the accusation.
(2) Without you having to acquire exchanging cylinders from us and in the event that the number of cylinders returned to us exceeds the number of exchange cylinders sold to them, we do not take them back (more) cylinders and do not do any value for them such as. "Pfand" or similar
(3) You are obliged to treat cylinders that you want to send back to us and the https://sodataste.com/pages/faq to note accessible user information in order to obtain their functionality. Exchange cylinders can also be cylinders acquired in third parties if they correspond to what we deliver to you in a technical specification and condition.
2.3 Minimum order value
If necessary, we can only take orders into account from a minimum order value. If this is the case, you can find out the minimum order value that price information provided in the online shop.
2.4 Order limits
The following maximum order amount ("order limit") applies to our online shop. No contract can be concluded via the order limit that exceeds the order limit. The order limit is exceeded if you order the limit of the same article more than twenty (20) pieces per order ("limit") or in three (3) consecutive orders.
The presentation and application of products in our online shop do not constitute a binding offer to conclude a purchase contract. You can select goods from our online shop range and collect them in a virtual so-called shopping cart ("shopping cart") using the "In the shopping cart" button. If you would like to order the goods in the shopping cart (s), you can use the "Order" or "Continue to the cash register" button on our "Check-Out" page as part of a new registration, register with your customer account if you already have such or carry out the order as a "guest" (without registration of a customer account). By sending your order by clicking the "Order" button after selecting the payment method you want, you submit a legally binding application to buy the goods in the shopping cart. Before sending your order, you can correct the data at any time by using the correction aid intended and explained in the order process. You can only submit your application and send it to us if you agree to the application of a corresponding checkout with the validity of these terms and conditions, include and explain it in your application and have taken note of our data protection instructions and consumer credit instruction information.
2.6 Create of the purchase contract
We will then send you an automatic confirmation of receipt by email ("order confirmation"), in which your order is listed again and which you can print out via the "Print" function. The order confirmation only documents that your order has been received and does not constitute acceptance of your application. The purchase contract only comes through our assumption, which we explain by sending a separate order confirmation email to you ("order confirmation"), but at the latest by delivery of the goods. In the order confirmation, but at the latest when the goods are delivered, the contract text (consisting of order, terms and conditions and order confirmation) as well as the invoice from us will be sent to a permanent data carrier (email or paper printout). The contract text is stored while data protection. You can view your past orders under your customer account if you have registered one (Section 2.9).
2.7 Faster checkout
Alternatively, you can complete your order instead of pressing the "Zur Handle" button by selecting your shopping cart from your shopping cart and pressing the corresponding button to the payment service provider you have selected to log in with this and confirm your purchase there ("fast checkout"). We take over the invoice and shipping details under your profile with the payment service provider stored.
2.8 Contract language
The contract is concluded exclusively in German.
3. Registration a customer account
3.1 Establishment
You can register a customer account in our online shop in which you log in with your access data and that you can manage independently. Registration of a customer account is not a order of order. You are obliged to provide complete and correct information when registering. Your customer account is not transferable. You are not allowed to set up more than a customer account. You must not rent or lend your customer account. There is no entitlement to registration of a customer account.
3.2 Security
You are solely responsible for the safety of the access data to your customer account. In particular, this includes their strict confidentiality and the non -disclosure of the access data to unauthorized third parties. If the access data to your customer account has become known to unauthorized persons, you are obliged to at least change your password immediately. We do not accept any liability for any damage in connection with the waste of your access data that we are not responsible, the transfer of your access data by you or the fact that you have granted a third party access to your customer account with the help of the access data. They undertake to inform us immediately about any unauthorized use of your access data.
3.3 Deactivation
You can have your customer account deactivated by us by sending us a corresponding request to our customer service by email. Your customer account will then be deactivated. This process cannot be reversed. Any payment obligations existing at the time of deactivation towards us remain unaffected.
4. Payment conditions
4.1 prices
All prices specified in the online shop, including the applicable statutory sales tax, understand exclusive shipping costs.
4.2 Payment methods
(1) We offer you the following payment methods:
- „PayPal“, A payment service of the PayPal (Europe) S.à r.l. et cie, s.c.a., 22-24 Boulevard Royal, L-2449 Luxembourg (“ PayPal ”);
- Sofortüberweisung with Klarna, a payment service from Klarna Bank (publ.), A AG Swedish Right, Sveavagen 46, 111 34 Stockholm, Sweden ("Klarna");
- Credit card;
- Direct transfer and invoice purchase About the Klarna Bank (publ.), A AG Swedish Right, Sveavagen 46, 111 34 Stockholm, Sweden ("Klarna").
(2) Take part in the exchange system and we will subsequently invoice you to the purchase price for the cylinder, you can make this by bank transfer to the bank account specified in the invoice.
4.2.1 Payment by PayPal
When selecting a payment method offered by PayPal, the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et cie, s.c.a., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the validity of the PayPal terms of use https://www.paypal.com/de/webapps/mpp/ua/useragreement-full Or-if you do not have a PayPal account-with the validity of the conditions for payments without a PayPal account, visible at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If you pay by means of a payment method offered by PayPal in the online ordering process, we are already explaining the acceptance of your offer at the time when you click on the button, which closes the ordering process.
If you want to pay via PayPal, you will be forwarded to PayPal's website. There you can provide your payment data and confirm the use of your data by PayPal and the payment instructions on PayPal. If you have chosen the PayPal payment method, you must be registered there to be able to pay for the invoice amount or register first and legitimize with your access data. PayPal is automatically carried out by PayPal immediately after confirming the payment instructions. You can get further information from the ordering process.
If you have selected the payment method credit card at PayPal, you must be registered with PayPal to be able to pay the invoice amount. The payment transaction will be carried out immediately after confirmation of the payment instructions and after your legitimation as a lawful card holder by your credit card company at the request of PayPal and your card is burdened. You can get further information from the ordering process.
If you have chosen the direct debit from PayPal payment method, you do not have to be registered with PayPal in order to be able to pay the invoice amount. With confirmation of the payment instruction, you grant PayPal a direct debit mandate. You will be informed about the date of the account load from PayPal (so -called prenotification). With submitting the direct debit mandate immediately after confirming the payment instruction, PayPal calls on his bank to initiate the payment transaction. The payment transaction is carried out and your account is burdened. You can get further information from the ordering process.
If you have chosen the payment method at PayPal, you must be registered with PayPal to be able to pay the invoice amount. After a successful address and credit check and PayPal, perform with guilt. The terms and conditions and data protection declaration of PayPal apply - in addition to our terms and conditions to our terms and conditions. Further information and the complete terms and conditions of PayPal can be found at the purchase of invoice at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
4.2.2 Sofortüberweisung by Klarna
With an immediate transfer by Klarna, you will automatically forward to the secure payment form from Klarna after sending your order. You can get more information here: https://www.klarna.com/sofort/
4.2.3 Payment by credit card
In the event of payment by credit card, we arrange the burden of your account after your order we offer payment by credit card via the "Shopify Payments" payment service of the Shopify Payments, Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter "Shopify"), which is available for payment service. Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). To handle payments, Stripe can use other payment services, for which special payment terms may apply, which may be pointed out separately. Further information on "Shopify Payments" is on the Internet at https://www.shopify.com/legal/terms-payments-de available.
When paying by credit card, your entered payment data in accordance with Art. 6 Para. 1 S. 1 lit. b) GDPR from Shopify/Stripe will be recorded, stored and only passed on to the companies involved in the payment process. With the credit card payment, you accept the terms and conditions of the payment provider. In this case, we do not collect or store the payment data. When paying by credit card, the following data will be processed:
- Card type
• Name of the cardholder
• Card number
• Test digit
• Value period
4.2.4 Invoice purchase via Klarna
When buying on account, the invoice amount on the calendar day (20 calendar days after the invoice date) mentioned in the invoice is due for payment to our external partner Klarna GmbH. The payment method purchase on account consists for private customers from Germany, Austria, Belgium, Finland and the Netherlands and, among other things, requires a successful credit check by Klarna GmbH. If the customer is permitted for certain offers after checking the creditworthiness of the purchase, the payment is handled in cooperation with Klarna GmbH, to which we assign our payment claim. In this case, the customer can only afford Klarna GmbH with a blame -free effect. We also remain responsible for general customer inquiries (e.g. for goods, delivery time, dispatch), returns, complaints, revocation declarations and deliberations or creditors. The general terms and conditions apply (https://www.klarna.com/de/agb/) of Klarna GmbH.
4.2.5 Payment by bank transfer
When paying by conventional bank transfer (in cases of section 4.2 (2)), which is only permitted for cylinders in cases of a subsequent purchase price, we expect the payment on our business account announced in the invoice within 14 days of receipt of the invoice.
5. Delivery
5.1 delivery restrictions
The delivery takes place on the shipping route. We only deliver to you if you have a delivery address in the Federal Republic of Germany, Austria, France, the Netherlands, Denmark, Finland, Belgium, Czech Republic, Poland, Slovakia, Slovenia or Italy. We don't deliver to mailboxes.
5.2 return costs
The goods are sent to you free of charge within the Federal Republic of Germany. For shipping to third countries, we calculate the following costs once:
- Austria - € 6.49,
- Poland, Czech Republic, Slovenia - € 6.85,
- Slovenia - € 19.75,
- Belgium - € 7.45,
- Italy - € 8.25,
- France, Netherlands - € 8.76,
- Denmark - € 14.79,
- Finland - € 29.35.
5.3 Returning costs
For the return shipping of empty cylinders to us as part of our exchange system, we provide you with the delivery of return labels for free return. If as a consumer, make use of your consumer recall right (Section II. 1 of these terms and conditions), bear the immediate costs of returning the goods (along with cylinders).
5.4 Delivery times
Delivery times specified by us are calculated from the time of our order confirmation, provided prior payment of the purchase price (except for purchase of invoice). If there is no or no different delivery time for the respective goods in our online shop, it is up to five (5) working days (Mon.-Fri., except statutory holidays).
6. Removal of title
The delivered goods remain in our property until full payment.
7. Applicable law
The law of the Federal Republic of Germany is applied to contracts between you and us, excluding the UN sales law. The legal regulations for the restriction of the choice of law and the applicability of mandatory regulations in particular of the state in which you as a consumer have your habitual stay remain unaffected.
8. Customer service
You can reach our customer service for questions, complaints and complaints from Monday to Friday between 10 a.m. and 2 p.m. on the phone number +49 (0) 36252 460-860 and by email at: support@sodatasten.com.
9. Copyrights
All photos, pictures, illustrations, videos, texts and other content published on the website are protected by copyright. Your use is not permitted without the express prior written consent of the respective rights holder.
II. Supplementary sales conditions towards consumers
If you act as a consumer, in addition to Section I. The following sales conditions apply to your purchases in our online shop:
1. Consumer recall right
1.1 Cancellation policy
As a consumer (§ 13 BGB), you basically have a legal right of withdrawal when completing a distance selling business, which we inform you below in accordance with the legal pattern. The exceptions to the right of withdrawal are regulated in Section II. 1.2 of these terms and conditions. In Section II. 1.3 of these terms and conditions there is a model cancellation form.
Right of withdrawal
You have the right to revoke this contract within fourteen days without any reasons. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not a carrier, have or has taken possession of goods. To exercise your right of withdrawal, you must:
Sodastaste® GmbH
Basically 3
D-99897 Tambach-Dietharz
Tel.: +49 36252 460-860
E-mail: info@sodataste.com
Using a clear explanation (e.g. a letter sent by post, fax or email), information about your decision to cancel this contract. You can use the attached sample cancellation form for this, but this is not prescribed. To maintain the cancellation period, it is sufficient for you to send the notification to the exercise of the right of cancellation before the cancellation period expires.
Consequences of the revocation
If you revoke this contract, we have all payments that we received from you, including the delivery costs (with the exception of the additional costs, which result from the fact that you have chosen a different type of delivery than the favorable standard delivery we offered) immediately and at the latest within fourteen days from the day, from which the notification of this contract has been received. For this repayment we use the same means of payment that you used in the original transaction, unless something else has been expressly agreed with them; Under no circumstances will you be charged for fees for this repayment. We can refuse the repayment until we have returned the goods or until you have provided the proof that you have returned the goods, depending on which the earlier time is. You have the goods immediately and in any case at the latest within fourteen days from the day on which you inform us about the revocation of this contract, to send or hand over to us. The deadline is preserved if you send the goods before the deadline of fourteen days. They bear the immediate costs of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to the quality, properties and functionality of the goods not necessary to deal with them.
1.2 Exclusion of consumer recall rights
There is no consumer cancellation right in distance sales:
1.2.1 In the case of contracts for delivery of sealed goods that are not suitable for return due to health protection or hygiene if their seal has been removed after delivery;
1.2.2 In the case of contracts for delivery of goods if they were inseparable from other goods due to their nature after delivery.
1.3 Sample cancellation form
As a consumer, we inform you as follows using the sample cancellation form:
Sample cancellation form
(If you want to revoke the contract, please fill out this form and send it back.)
To
Sodastaste® GmbH
Basically 3
D-99897 Tambach-Dietharz
E-mail: info@sodataste.com
Hereby revoke (s) I/we (*) the contract concluded by me/us (*)
the following goods (*)/The provision of the following service (*)
________________________________________________________________________________
Ordered on (*)
________________________________________________________________________________
Received on (*)
________________________________________________________________________________
Name of the consumer (s)
_________________________________________________________________________________
Address of the consumer (s)
_________________________________________________________________________________
Date, signature of the consumer (s) (only when notifying paper)
(*) Coat incorrect
This link eAs a customer, it makes it possible for you to request and manage your return yourself from your (new) customer account: https://account.sodataste.com.
2. Subject deficienciesG
The statutory warranty of defects applies.
3. Liability restrictions
We are liable according to the legal provisions for damage to life, body and health, which are based on a culpable breach of duty by us, our legal representatives or our vicarious agents. We are also liable according to the legal provisions for other damage based on intentional or grossly negligent breaches of contract as well as malgorge from us, our legal representatives or our vicarious agents. As far as the scope of the Product Liability Act is open, we are fully liable according to its regulations.
3.1 Presence/durability guarantee
We are also liable as part of a quality and/or durability guarantee, provided that we have given one with regard to the delivered item. If damage arises that are based on the fact that the nature or durability we guarantee lacks and do not occur directly on the goods we deliver, we are only liable if the risk of such damage is clearly comprised from our quality and durability guarantee.
3.2 Essential contractual obligations
If damage is based on delay or due to a lack of simply negligent violation of an essential contractual obligation, i.e. the simply negligent violation of a duty, the fulfillment of which enables the proper execution of the contract in the first place and that you can regularly trust as a buyer, our liability is limited to the foreseeable and contract -typical damage when the contract is concluded. The same applies if you are entitled to compensation instead of the service.
3.3 Further liability claims
There are no further liability claims against us, regardless of the legal nature of the claims they raised against us. Our liability remains unaffected by this according to the above par. 3.1.
4.
The EU Commission has created an internet platform for online disputes. The platform serves as a contact point for the extrajudicial settlement of disputes regarding contractual obligations that arise from online purchase contracts. More information is available at the following link:http://ec.europa.eu/consumers/odr. We are neither ready nor obliged to participate in a dispute settlement procedure in front of a consumer arbitration board.
III. Supplementary sales conditions towards entrepreneurs
If you are an entrepreneur (Section I. 1.2), the following sales conditions apply in addition to Section I. For your purchases in our online shop. In individual cases, individual agreements (including side agreements, additions and changes) have been made before these terms and conditions. A written contract or our written confirmation is decisive for the content of such agreements.
1. Delivery periods
If we cannot adhere to binding delivery periods for reasons that we are not responsible (non -availability of the service), we will immediately inform you about this and at the same time provide the expected new delivery period. If the service is also not available within the new delivery period, we are entitled to withdraw from the contract in whole or in part; We will immediately reimburse a consideration you have already provided. As a case of the non -availability of the service in this sense, the non -timely self -delivery by our supplier, when we have completed a congruent coverage business, does not apply to us or our supplier, or we are not obliged to procure in individual cases.
2. Delayed delivery
The admission of our delay in delivery is determined according to the legal regulations. In any case, a reminder from it is required.
3. Danger transfer
When buying the shipping, the risk of random doom and the random deterioration of the goods as well as the risk of delay is already transferred to the freight forwarder, the carrier or the person or institution otherwise designed to carry out the dispatch. The handover is the same if you are in the default of the acceptance.
4. Default of acceptance
If you get in default of acceptance, refrain from participating or delay our delivery for other reasons for which you are responsible, we are entitled to compensate for the resulting damage including additional expenses (e.g. storage costs). The proof of higher damage and our legal claims (in particular replacement of additional expenses, adequate compensation, termination) remain unaffected. They are allowed to prove that we did not occur any or only a much less damage than the above flat rate.
5. Righting and retention rights
They are only entitled to set-up or retention rights to the extent that their claim is legally established or is undisputed. In the case of defects in the delivery, their counter -rights remain in particular in accordance with Section III. 6.2 Sentence 4 of these terms and conditions unaffected. If it becomes apparent after the contract has been concluded (e.g. by application to open insolvency proceedings) that our claim to the purchase price is endangered by its lack of performance, we are entitled to withdraw from the contract in accordance with the statutory provisions on the refusal of performance and - if necessary after a deadline (§ 321 BGB); The legal regulations on the dispute of the deadline remain unaffected.
6. Subject defects
6.1 Investigation and notification obligations
Your claims for defects require that you have complied with your statutory investigation and notification obligations (§§ 377, 381 HGB). If there is a deficiency in the delivery, the examination or at any later point in time, we must be reported immediately in writing. In any case, there are obvious defects within five (5) working days from delivery and defects that are not recognizable during the examination must be reported in writing within the same period from the discovery. If you miss the proper examination and/or defect indicator, our liability is excluded for the defect that is not or not in time or not in good time or not properly.
6.2 Supplementary performance
If the delivered thing is defective, we can first choose whether we provide supplementary performance by eliminating the defect (rectification) or by delivering a deficiency -free matter (replacement delivery). Our right to refuse to fulfill the subsequent performance under the legal requirements remains unaffected. We are entitled to make the subsequent performance owed dependent on the fact that the buyer pays the purchase price due. However, they are entitled to retain a part of the purchase price that is appropriate in relation to the defect. You have to give us the time and the opportunity to give us the time and the opportunity to hand over the contested goods for exam purposes. In the event of replacement delivery, you have the defective matter to return us according to the legal regulations. We bear or reimburse the expenses required for the purpose of the examination and subsequent performance, in particular transport, road, work and material costs, in accordance with the statutory regulation if there is actually a defect. Otherwise, we can request the costs (in particular test and transport costs) incurred from the unauthorized request of deficiency (in particular test and transport costs), unless the lack of deficiency was not recognizable to you. If the subsequent performance has failed or a reasonable period of time you have to do for the subsequent performance of you, or is unnecessary in accordance with the statutory regulations, you can withdraw from the purchase contract or reduce the purchase price. However, there is no right of withdrawal in the event of an inconsiderable deficiency. Your claims for compensation or compensation of unsuccessful expenses only exist for defects in accordance with Section III. 7 of these terms and conditions and are also excluded.
7. Other liability
As far as Section III. We are liable to this general terms and conditions, including the following provisions, in the event of a violation of contractual and non -contractual obligations in accordance with the legal regulations. For compensation, we are liable - for the legal reason - as part of the fault liability in the event of intent and gross negligence. In the event of simple negligence, we are only liable, subject to statutory restrictions on liability (e.g. care in our own affairs; inconsiderable breach of duty), only
a) for damage from the violation of life, body or health,
b) for damage from the violation of an essential contractual obligation (obligation, the fulfillment of which enables the proper execution of the contract in the first place and that the contractual partner can regularly trust and trust); In this case, however, our liability is limited to the replacement of the predictable, typically occurring damage.
Which is from para. III. 7 Sentence 2 of these AGB limits also apply to third parties and in the case of breaches of duty by persons (also in their favor), whose fault we are responsible for in accordance with legal regulations. They do not apply, insofar as a deficiency is fraudulently concealed or a guarantee of the nature of the goods has been taken over and for their claims under the Product Liability Act. Because of a breach of duty that does not exist in a defect, the buyer can only step down or terminate if we are responsible for the breach of duty. A free right of termination by you (in particular §§ 650, 648 BGB) is excluded. In addition, the legal requirements and legal consequences apply.
8. Limitation
In deviation from Section 438 (1) No. 3 BGB, the general limitation period for claims from property and legal defects is one year from delivery. Insofar as a acceptance is agreed, the limitation period begins with the acceptance. Further legal regulations on the limitation period remain unaffected (in particular Section 438 (1), Paragraph 3, Sections 444, 445b BGB). The above limitation periods of the purchase law also apply to their contractual and non -contractual claims for damages by the buyer, which are based on a lack of the goods, unless the application of the regular statutory limitation period (Sections 195, 199 BGB) would lead to a shorter limitation period in individual cases. Your claims for damages according to Section III. 7 Sentence 2 and Sentence 3 (a) of these terms and conditions and according to the Product Liability Act expire exclusively according to the statutory limitation periods.
9. Jurisdiction
If you are a merchant i.S.D. Commercial Code ("HGB"), legal entity under public law or special funds under public law, the international jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the Erfurt district court as an initial instance.