Terms & Conditions Germany

§ 1 Scope

The following terms and conditions apply to all contracts concluded by soilkind GmbH (hereinafter soilkind) with consumers (hereinafter customer) within the framework of the online shop. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.

Deliveries are generally only possible within Germany; the contract language is German.

§ 2 Conclusion of contract

The customer’s contractual partner is soilkind-GmbH.

The  The range of goods presented in the online shop (devices and accessories for private users) is subject to change and merely represents a non-binding invitation to the customer to order goods. Technical and other changes remain subject to reasonableness.

Items can be selected from this range of goods, marked in a shopping cart and ordered from soilkind. Before submitting the order, the customer has the opportunity to check all details (e.g. item name, item quantity, name, address, payment method) again and change them if necessary. Only by clicking on the "Order with payment" field does the customer make a binding offer to soilkind to conclude a purchase contract. Receipt of the customer's order is confirmed immediately by email (confirmation of receipt). This confirmation of receipt does not constitute acceptance of the offer. A purchase contract is only concluded when the ordered goods are sent to the customer.  Once the goods have been dispatched, the customer will receive a shipping confirmation by email with a tracking number for tracking the shipment. The customer can print out or save these general terms and conditions.

The customer can also save or print the contents of his order immediately after placing his order. The contractual provisions, including the general terms and conditions, are also made available to the customer with the confirmation of receipt.

If the customer has placed his order as a guest and has not created a Soilkind user account, the customer will no longer be able to access the contract text via the Soilkind website after sending his order.

soilkind is entitled to limit the order to the usual household quantity. This applies both to the number of products ordered in one order and to placing multiple orders for the same product, where the individual orders contain a usual household quantity.

§ 3 Right of withdrawal for consumers

Consumers have a right of withdrawal in accordance with the provisions below. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.

Cancellation policy for purchase contracts

You have the right to withdraw from this contract within thirty days without giving any reason. The withdrawal period shall be thirty days from the day on which you or a third party other than the carrier designated by you takes possession of the last goods.

To exercise your right of withdrawal, you must inform us (soilkind-GmbH, Quellenstr. 7, D - 70376 Stuttgart, telephone number: (+49) 030 40 50 416 18, email address: info@soilkind.com) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the sample withdrawal form for this purpose, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

Consequences of revoking purchase contracts

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us promptly and in any event no later than thirty days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the thirty-day period.

We will bear the cost 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 handling of the goods which is not necessary to check their quality, properties and functioning.

Cancellation form:

https://cdn.shopify.com/s/files/1/0631/7332/9074/files/soilkind_Widerrufsformular_DINA4_DE_01.pdf?v=1714398826

Cancellation by returning the goods

As before, you can also cancel the contract by simply returning the goods without having to expressly declare your cancellation again. If you return the goods to us within the statutory cancellation period without any declaration, we will consider this as a cancellation of the purchase contract, so that the consequences described above will apply.

§ 4 Prices, shipping costs

All prices in the online shop include statutory sales tax.

There are no shipping costs for the customer for shipping the device within Germany. Accessories and spare parts are shipped free of charge within Germany for goods worth EUR 50 or more. For goods worth less than this, shipping costs are EUR 6.50. The shipping costs are displayed to the customer before placing their order. If a shipment is made in several partial deliveries, the shipping costs are only charged once. All prices include statutory sales tax.

§ 5 Payment, default

The customer can pay the purchase price by credit card, PayPal and KLARNA (SOFORT, Pay-in-3, purchase on account)  pay.

When paying by credit card and PayPal, the time of payment corresponds to the time of the order. When using the payment service provider "PayPal", the payment is processed via PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, which can be viewed at www.paypal.com. This requires, among other things, that the customer opens a PayPal account or already has such an account.

If the credit card charge is rejected, the customer undertakes to pay the price plus any costs incurred within 10 days of receiving the service. These costs include, among others, the costs incurred due to the revocation of the credit card charge.

The payment options via Klarna Bank AB (publ) (“KLARNA”) are only available to customers with an email address. The following payment options are available via KLARNA:

Immediately: With the "Immediate" payment option, customers can pay the amount directly during the order process via their online banking account. KLARNA establishes a connection to the customer's bank account and the invoice amount is immediately debited from it.

Pay-in-3: With "Pay-in-3" customers can pay the total amount in three equal installments. The first installment is due immediately upon ordering from your deposited payment method, while the remaining installments are debited over the following two months.

When purchasing on account, the customer first receives the goods and then has a certain period of time to pay the invoice amount. After the customer has selected KLARNA invoice, he is redirected to the KLARNA website. There he can select when he would like to pay for the order. KLARNA issues the invoice to the customer and the invoice amount must be transferred to KLARNA within the selected period.

If the customer defaults on payment, soilkind is entitled to demand default interest of 5% above the base interest rate announced by the European Central Bank per annum. If soilkind can prove that it has suffered greater damage due to default, soilkind is entitled to claim this. The customer hereby agrees that soilkind or the payment service provider selected by the customer is entitled to send the invoice to the customer as an electronic invoice (invoice issued and received in an electronic format, e.g. as a PDF document) by email. Soilkind can also send the invoice to the customer on paper at its own discretion.

§ 6 Retention of title

The delivered goods remain the property of soilkind until full payment has been made.

§ 7 Delivery

Soilkind is entitled to make partial deliveries to a reasonable extent.

If Soilkind is unable to deliver the ordered goods through no fault of its own, Soilkind is entitled to withdraw from the contract with the customer. In this case, the customer will be informed immediately that the ordered product is not available and any payments already made will be refunded immediately. The customer's legal claims remain unaffected.

§ 8 Warranty

In the case of a defect in the purchased item, the statutory provisions apply. This means that the customer can primarily demand subsequent performance, i.e. subsequent delivery or remedy of the defect, at his discretion. If the other statutory requirements are met, the customer is entitled to reduce the purchase price or withdraw from the contract. For claims for damages due to a defect in the purchased item, the statutory provisions apply - in addition to or in deviation from the statutory requirements.  in Section 10 of the General Terms and Conditions.

Warranty claims expire according to the statutory provisions. Material defects are not:

Wear and tear due to use or other natural wear and tear; condition of the goods or damage that occurs after the transfer of risk as a result of improper handling, storage or installation, non-compliance with installation or handling instructions, excessive stress or use or lack of maintenance or care, condition of the goods or damage that occurs due to force majeure, external influences that are not assumed under the contract or due to the use of the goods outside of the use assumed under the contract or usual use.

§ 9 Digital products and goods with digital elements

If the contract concerns the provision of digital content or digital services (digital products) or goods that contain or are connected to digital products in such a way that the goods cannot fulfil their functions without these digital products (goods with digital elements), the provisions of this Section 9 apply in addition. If the contract concerns goods that contain or are connected to digital products in such a way that they can fulfil their functions even without these digital products, this Section 9 only applies to the part of the contract that contains the digital product.

Soilkind will provide the customer with updates for a reasonable period of time that are necessary to maintain the conformity of the digital product or goods with digital elements. Soilkind will inform the customer about the updates and make them available for retrieval. The customer is free to download and install the respective update. If the customer does not install the updates provided by Soilkind, Soilkind is not liable for defects that are solely due to the lack of the corresponding update, provided that Soilkind has informed the customer of the consequences of failure to install or improper installation and this is not due to inadequate installation instructions provided by Soilkind.

In the event of a product or legal defect in the digital product or goods with digital elements that are the subject of the contract, Section 8 shall apply accordingly, with the proviso that Soilkind shall have the right to choose the type and manner of subsequent performance for digital products.

§ 10 Damages, limitation of liability

Soilkind is only liable for damages if there is intent or gross negligence. Soilkind is only liable for simple negligence if a duty is breached, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely. In all other respects, liability for damages of any kind, regardless of the basis of the claim, including liability for fault when concluding the contract, is excluded.

If Soilkind is liable for simple negligence, liability is limited to the damage that Soilkind could typically have expected to occur based on the circumstances known at the time the contract was concluded.

The above exclusions and limitations of liability do not apply if Soilkind has given a guarantee, or if it concerns damages resulting from injury to life, body or health, or if there are claims under the Product Liability Act.

The above exclusions and limitations of liability also apply to our employees, vicarious agents and other third parties whom Soilkind uses to fulfill the contract.

§ 11 Storage of data, data protection

Soilkind collects and stores the customer's data necessary for business transactions. When processing the customer's personal data, Soilkind complies with the statutory provisions. Details can be found in Soilkind GmbH's privacy policy for the online shop, which can be accessed at https://soilkind-dev.myshopify.com/pages/datenschutzerklarung .

§ 12 Applicable law, final provisions

These terms and conditions and all legal relationships are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

The contract concluded between Soilkind and the customer contains all agreements made between the parties regarding the subject matter of the contract. There are no additional verbal agreements.

§ 13 Provider identification, address for service

The address for service of summons and the address of Soilkind for complaints and other declarations of intent is:

Soilkind GmbH
Quellenstrasse 7
DE-70376 Stuttgart
Email: info@soilkind.com

Register court: Stuttgart, HRB 772132
VAT identification number: DE345136543

Managing Directors: Dr. Johannes Luschitz, Marina Nazmer

§14 Information on online dispute resolution

The EU Commission has created an internet platform for online dispute resolution (so-called "OS platform"). The OS platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. You can access the OS platform at the following link: http://ec.europa.eu/consumers/odr/. We prefer to clarify your concerns in direct exchange with you and therefore do not participate in dispute resolution proceedings before a consumer arbitration board. Please contact us directly if you have any questions or problems. Status: August 14, 2024