Terms of service

Table of Contents

  1. Scope of Application

  2. Conclusion of Contract

  3. Right of Withdrawal

  4. Prices and Payment Terms

  5. Delivery and Shipping Conditions

  6. Retention of Title

  7. Liability for Defects (Warranty)

  8. Liability

  9. Applicable Law

  10. Alternative Dispute Resolution

1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of Marten Bunge, trading under "zcail by sol-production" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods offered by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby excluded unless expressly agreed otherwise.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes which are predominantly neither commercial nor self-employed professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or legally capable partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers by the Seller but serve to submit a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. By placing the desired goods into the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer concerning the goods contained in the shopping cart by clicking the button that completes the order.

2.3 The Seller can accept the Customer’s offer within five days by

  • sending a written or text form order confirmation (fax or email) to the Customer, whereby receipt is decisive, or

  • delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or

  • requesting payment from the Customer after receipt of the order.
    If multiple of these actions occur, the contract is concluded at the time the first occurs. The acceptance period starts the day after the offer is sent by the Customer and ends after the fifth day. If no acceptance occurs within this period, the offer is deemed rejected.

2.4 When selecting payment via PayPal, payment is processed through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”) according to the PayPal User Agreement (https://www.paypal.com/de/webapps/mpp/ua/useragreement-full) or, if the Customer has no PayPal account, according to the terms for payments without a PayPal account (https://www.paypal.com/de/webapps/mpp/ua/privacywax-full). By selecting a PayPal payment option in the ordering process, the Seller declares acceptance of the Customer’s offer at the moment the Customer clicks the order completion button.

2.5 After conclusion of the contract via the online order form, the Seller stores the contract text and sends it to the Customer in text form (e.g., email, fax, letter). No further access to the contract text is provided. If the Customer created a user account before ordering, order data is archived on the Seller’s website and can be accessed free of charge by the Customer via password-protected login.

2.6 Before submitting the order, the Customer can detect input errors by carefully reading the displayed information on the screen and may correct them as long as the order completion button has not been clicked. The browser’s zoom function is helpful for error detection.

2.7 Different languages are available for the conclusion of contract, shown in the online shop.

2.8 Order processing and communication usually occur by email and automated processing. The Customer must ensure the email address is correct and that emails from the Seller or its agents are not blocked by spam filters.

3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.

3.2 Further details on the right of withdrawal are found in the Seller’s withdrawal policy.

4) Prices and Payment Terms
4.1 Unless otherwise stated, prices are total prices. No VAT is charged as the Seller is a small business exempt from VAT. Shipping and delivery costs are specified separately in the product description.

4.2 The payment method(s) are communicated to the Customer in the online shop.

4.3 If prepayment by bank transfer is agreed, payment is due immediately after contract conclusion unless a later date is agreed.

4.4 When selecting PayPal payment, payment is processed via PayPal, which may use third-party providers. If the Seller offers PayPal payment options involving advance payment (e.g., invoice or installment purchase), the Seller assigns the payment claim to PayPal or its appointed third party. A credit check is done before acceptance. The Seller reserves the right to refuse payment if the credit check is negative. The Customer must pay within agreed terms to PayPal or its provider. The Seller remains responsible for customer inquiries about goods, delivery, returns, complaints, or withdrawals.

5) Delivery and Shipping Conditions
5.1 If shipping is offered, delivery is made within the specified delivery area to the delivery address provided by the Customer. For PayPal payments, the delivery address registered with PayPal at payment time is decisive.

5.2 If delivery fails due to reasons attributable to the Customer, the Customer bears the reasonable costs incurred by the Seller, except for the first shipping costs if the Customer exercises withdrawal properly. Return shipping costs upon withdrawal are governed by the withdrawal policy.

5.3 For entrepreneurs, the risk of accidental loss or deterioration passes upon handing over the goods to the carrier, freight forwarder, or other designated persons. For consumers, risk passes upon delivery to the Customer or authorized recipient unless the Customer appointed the carrier themselves and the Seller did not name the carrier, then risk passes at handover to the carrier.

5.4 The Seller reserves the right to withdraw from the contract in case of incorrect or inadequate supply from its suppliers (without Seller’s fault) after reasonable efforts to procure the goods. The Customer will be informed immediately in case of unavailability and payments refunded promptly.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title
Ownership of delivered goods remains with the Seller until full payment is received.

7) Liability for Defects (Warranty)
Unless otherwise stated, statutory warranty regulations apply. Deviations for supply contracts:

7.1 For entrepreneurs:

  • The Seller may choose the type of remedy;

  • The limitation period for new goods is one year from delivery;

  • Warranty claims for used goods are excluded;

  • The limitation period does not restart due to replacement delivery.

7.2 These limitations do not apply:

  • For claims for damages or reimbursement of expenses;

  • If the Seller fraudulently concealed defects;

  • For goods incorporated in construction causing defects;

  • For update obligations for digital products with digital elements.

7.3 Statutory limitation periods for recourse claims remain unaffected for entrepreneurs.

7.4 Merchants (§1 HGB) must inspect goods and report defects per §377 HGB; otherwise, goods are deemed approved.

7.5 Consumers should report visible transport damages to the carrier and Seller. Failure does not affect statutory or contractual warranty claims.

8) Liability
The Seller is liable for contractual, quasi-contractual, statutory, and tort claims as follows:

8.1 Unlimited liability:

  • In cases of intent or gross negligence;

  • For intentional or negligent injury to life, body, or health;

  • Based on guarantee promises;

  • Under mandatory liability, e.g., product liability law.

8.2 In case of negligent breach of material contractual duties, liability is limited to foreseeable typical damages unless unlimited liability applies. Material duties are essential to achieve the contract purpose and on which the Customer regularly relies.

8.3 Otherwise, liability is excluded.

8.4 These liability provisions apply to the Seller’s agents and representatives.

9) Applicable Law
All legal relations are governed by the law of the Federal Republic of Germany excluding international sales law. For consumers, this applies only insofar as mandatory consumer protection laws of their country of residence are not overridden.

10) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

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Status: 14.06.2025, 14:48:19