General Terms for Internet Selling

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Silver Summit GmbH

Conditions as of 2011, March, 1st

§ 1 Area of Application § 6 Warranty
§ 2 Coming into Existence of the Agreement § 7 Liability
§ 3 Delivery, Forwarding Charges § 8 Data Protection
§ 4 Time of Payment, Terms of Payment § 9 Addresses
§ 5 Revocation § 10 Final Clauses

§ 1 Area of Application

These general terms are applicable to the business relations (agreements) entered into between Silver Summit GmbH (hereinafter called Solar) and the costumers applying the version that are valued at the line of conclusion of the contract.

§ 2 Coming into Existence of the Agreement

(1) The representation of the range of goods in internet is not an offer pursuant to §§ 145 BGB (civil code) but a not finding invitation to costumers to order these goods.

(2) By sending an order to Solar using the button “order finished”, or by e-mail, phone, fax or other ways of communication, the customer is making a firm offer of entering an agreement. The customer receives a confirmation of the order by e-mail comprising the contents of the order. This confirmation of the order is not an acceptance of the offer, it only informs the customer that the order arrowed at Solar.

(3) The agreement is effected by the acceptance of the offer by Solar. This takes place by forwarding the ordered goods or confirmation of forwarding by a second mail. Products that are not confirmed in this (confirmation) e-mail are not forming a component of the agreement. If the advance payment is used as the way of payment (look at § 4 chapter 3) the sales contract is effected by the sending the order by the customer and calling on the advance payment by Solar.

(4) If Solar is not able to accept the order of the customer the customer will be informed without undue delay about the fact of not availability. Executed consideration of the customer will be refunded without undue delay.

(5) Solar records the text of the treaty and send to the customer by e-mail the data of the order.

§ 3 Delivery, Forwarding Charges

(1) Solar at any time has the right for partial deliveries provided this is reasonable for the customers. If partial deliveries are carried out, Solar hat to bear the additional forwarding charges. If there is delay in delivery the customer will be informed without undue delay.

(2) At sales of goods abroad (countries beyond EU) it is possible that import restrictions and/or import duties are existing. Import duties are to be paid by the customer. The customer is liable for proper payment of the duties and fees.

(3) If the customer makes use of his right of revocation (look at § 5 of this General Terms), he has to bear the costs of returning, if the delivered goods match the ordered goods and the price of the returned good does not exceed 40 (forty) Euro or, if the price is higher, the customer has not yet executed the consideration or a stipulated down payment, at the time of the revocation.

§ 4 Time of Payment, Terms of Payment

(1) Solar only accepts the way of payments that is notified to the customer. As far as Solar obtains knowledge of an e-mail address of the customer, the bill will be sent by E-mail.

(2) The purchase price and possible forwarding charges are due at time of entry of the invoice at the customer. If paid by automatic debt transfer or by credit card the charge is at the date of invoicing.

(3) Solar reserves, particularly if at the time of order, unpaid invoices are reminded, to demand advance payment to the amount of the order value.

(4) The customer is entitled to offset only if his counterclaims had become res judicata, undisputed or are recognized by Solar. The customer is entitled to exercise his right of detention, only if his counterclaims are caused by the same contract of sale.

(5) Reservation of title of ownership for the benefit of Solar until complete payment by the customer is stipulated.

§ 5 Revocation

(1) The right of revocation is applicable only to consumers, as defined in § 13 BGB (Civil Code).

Referring to this right of revocation instructions are given as follows:

“You can revocate your offer to enter into a contract within 14 (fourteen) days without reasons in written form (e. g. letter, fax, e-mail) or, if you received the goods before expiry of the period, by returning the goods. The period commences with the receipt of these instructions but not earlier than the receipt of the goods by the consignee (if there are recurring supplies of similar goods, not before the first partial delivery is received) and not before we fulfil our duties according to Art. (Clause) 246 § 2 in conjunction with § 1 Abs. (paragraph) 1 and 2 EGBGB (Introdudory Law of the Civil Code) and our duties according to § 312 e Abs. 1 Satz 1 (clause 1) BGB in conjunction with Art. 246 § 3 EGBGB. To observe the time limit it is sufficient to send off the revocation or the goods. The revocation has to be addressed to:

Silver Summit GmbH, Langer Acker 6, 30900 Wedemark, E-Mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it , Fax: 0049 (0) 5130 9756229.

In case of an effectual revocation mutual performances have to be restored and fruits of a thing (e. g. interest) have to be handed over. Are you not able to restore the performances at all or are you only able to restore the performances in a bad condition, you have to make up for the damage or loss. If you receive goods you don’t have to make up for the damage, if it was caused by tests as usually executed if buying in a store. By the way you can avoid the obligation of compensation for damage or loss caused by pulling into use in accordance with the regulation by not using the goods and refrain from activities that prejudices the value of the goods. Goods that can be sent back by parcels are to be sent back at our risk. You have to bear the costs of returning, if the delivered goods match the ordered goods and the price of the returned goods does not exceed 40 (forty) Euro or if you have not yet executed the consideration or a stipulated down payment. Otherwise returning is free of costs. Payments have to be done within 30 (thirty) days. The period starts wit the sent off of your revocation or the sent off of the goods.”
End of the instructions.

(2) The right of revocation is precluded concerning goods that are not suitable for returning by reason of the nature of the goods.

As for the rest the legal exceptions according to § 312 d Abs. 4 BGB are applicable.

§ 6 Warranty

(1) Solar is liable for defects of the goods that are existing at delivery of the goods, according law, Limitation periods for consumers, as defined by § 13 BGB, in actions for breach of warranty, is 2 (two) years from delivery.

(2) Limitation periods for entrepreneurs as defined by § 14 BGB for breach of warranty is 1 (one) year from delivery.

§ 7 Liability

(1) Solar is exempted from liability in case of slight degree of negligence.

With the exception of

- guaranties or essential terms of contract, that means obligations that has to be fulfilled to make possible at all the duty carrying out of the contract and usually one is confeding in and it is expected that one can confide.

- life injuries, personal injuries and injuries to health

- claims according to Produkthaftungsgesetz (product liability code).

(2) In like manner this (Abs. 1) is applicable to personal employed by Solar in the performance of his obligations.

§ 8 Data Protection

(1) Solar commits himself to deal confidentially with the personal data of the costumers according to the data protection provisions of BDSG (German Data Protection Code) and other codes. Details can be understood from information about data protection. If and as far as Solar uses the data for promotion, market research and public opinion research, it is given permission by the customer. The customer can revocate at every time. The revocation has to be sent to
Silver Summit GmbH, Langer Acker 6, 30900 Wedemark, This e-mail address is being protected from spambots. You need JavaScript enabled to view it ,
Fax 0049 (0) 5130 9756229.

(2) Customers of Solar are at every time entitled to examine and to work on their own user data at the protected area of the homepage, after announcement. Customer can, demand from Solar the deletion of user data of the customer.

§ 9 Addresses

(1) Offerer and contracting party of this web page is:

Silver Summit GmbH
Langer Acker 6
30900 Wedemark
E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Phone: 0049 (0) 5130 9756200, Fax: 0049 (0) 5130 9756229
Registration-registration court Hannover, HRB 4428;
USt.-Id-Nr. DE 814 792291
General Manager: George Chan

(2) The Address for returning can be seen at the delivery note.

§ 10 Final Clauses

(1) The conclusion of the contract exclusively happens using German language. The privity of contract is governed by German law. If the costumer is a consumer the law ruling at the residence may be applicable, if it is law binding in consumer affairs.

(2) If the customer is a merchant, Hannover court is exclusive jurisdiction for all disputes connected with the business relations.

(3) If one or several provisions of these general terms are not valid on, in future will lose validity, the validity of these general terms will not affected by this.