ABOUT US

We, Ivica Miskovic (industrial foreman) and Dr. Martin Thoma (Systems Analyst / Developer), founded our business out of dedication to our products. We both run an outdoor pool and are familiar with the problem that pools without a cover cool down during the night, have to be heated in spring and autumn and a lot of water evaporates during the day. It was obvious to develop a suitable pool cover that solves these problems and can be easily extended and retracted electrically. In over 3 years of development, we have developed a product that meets all the requirements for durability and quality. This guarantees that SOLAR-POOL-COVER gives you the same benefit and pleasure as it does us.

General terms and conditions of business

The following General Terms and Conditions also contain legal information about your rights under the regulations on distance selling and electronic commerce.

1. Scope

These General Terms and Conditions (GTC) apply to all deliveries from Thoma Modelltechnik UG (limited liability).

2. Contractual partner

The purchase contract is concluded with Thoma Modelltechnik UG (limited liability), Auf der Kuhr 40 A, 60435 Frankfurt. You can reach our customer service by email at: info@solar-pool-cover.de

3. Offer and conclusion of contract

3.1 The presentation of the products on the website www.solar-pool-cover.de does not constitute a legally binding offer, but rather an invitation to place an order. All offers are valid “while stocks last”, unless otherwise stated for the products.

3.2 The purchase contract is concluded when we accept your order through an order confirmation or invoice by email after receiving your order.

3.3 For the pool covers, which are custom-made according to customer requirements, a deposit of €1,500 must be made upon conclusion of the contract. This amount will not be refunded if the customer withdraws from the purchase contract.

4. Right of withdrawal

4.1 Consumers (§ 13 BGB) have a legal right of withdrawal for goods purchased by mail order. Only consumers have the following statutory right of withdrawal:

Right of withdrawal

You can revoke your contractual declaration within two weeks without giving reasons in text form (e.g. letter, fax, email) or - if the item is left to you before the deadline - by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our information obligations in accordance with § 312c Paragraph 2 BGB in conjunction with § 1 Para. 1, 2 and 4 BGB-InfoV. To meet the cancellation deadline, it is sufficient to send the cancellation or the item in a timely manner. The revocation must be sent to:

Thoma Modelltechnik UG (limited liability)

On the Kuhr 40 A

D-60435 Frankfurt

Tel. +49 069-95417468

Fax +49 069-95417469

Email: info@solar-pool-cover.de

Consequences of revocation

In the event of an effective revocation, the services received by both parties must be returned and, if necessary, any benefits derived (e.g. interest). If you cannot return the service received to us in whole or in part or only in a deteriorated condition, you may have to pay us compensation. This does not apply to the transfer of items if the deterioration of the item is solely due to the inspection - as would have been possible in a store. Furthermore, you can avoid the obligation to pay compensation for deterioration caused by the intended use of the item by not using the item as your own property and refraining from anything that would impair its value. Transportable items are to be returned at our risk. You have to bear the costs of the return if the goods delivered correspond to those ordered. Obligations to refund payments must be fulfilled within 30 days. The period begins for you when you send your cancellation declaration or the item, and for us when we receive it.

End of revocation

4.2 If possible, avoid damage and contamination. If possible, please send the goods back to us in the original packaging with all accessories and all packaging components. However, there is no obligation to return it in the original shipping box! If necessary, use protective packaging. If you no longer have the original packaging, please provide it with suitable packaging.

4.3 Please send the goods back to us by courier and fully insured and keep the proof of delivery. The shipping costs are borne by the buyer.
4.4 Before returning, please send an email to martinthoma (at) t-online.de to announce the return.
4.5 Please note that the modalities mentioned in paragraphs 4.2 to 4.4 are not a prerequisite for the effective exercise of the right of withdrawal.

5. Prices and shipping costs
5.1 The prices stated on the product pages include statutory VAT and other price components.
5.2 In addition to the stated prices, we charge shipping costs for delivery. These vary depending on the size/weight of the pool cover.

6. Delivery
6.1 The delivery time is usually 10 working days for goods that are in stock. For custom-made pool covers, the delivery time is usually 45 working days. The order confirmation contains information as to whether the goods are in stock or when the pool cover can be delivered.

7. Payment
7.1 The down payment and the payment of the final invoice are made in advance.
7.2 We will give you our bank details in the order confirmation. This contains the electronic form of the invoice in PDF format. We deliver the goods taking into account the stated delivery time after receipt of payment of the final invoice.
7.3 You only have the right to offset if your counterclaims have been legally established by a court or acknowledged by us in writing.
7.4 You can only exercise a right of retention if the claims result from the same contractual relationship.

8. Retention of title
The goods remain our property until full payment has been made.

9. Warranty
The warranty is subject to legal regulations. If there was a defect when the risk was transferred, you have the right to demand subsequent performance (remedy of the defect or new delivery) within the warranty period of two years. The guarantee consists of the free repair or exchange of parts that have proven manufacturing or material defects during the guarantee period from the date of purchase. Further claims are excluded. Transport, packaging and travel costs are borne by the buyer. No liability is accepted for transport damage. When sending the item to Thoma Modelltechnik UG (limited liability), a relevant description of the error and the invoice with the date of purchase must be enclosed. The warranty is void if the failure of the part or model results from an accident, mishandling or incorrect use.
We expressly reserve the right to have the goods inspected to identify defects, including with regard to possible improper use.
You must allow us a total of two attempts to make improvements. If the type of subsequent performance you require is only possible with disproportionate costs, your claim is limited to the other type of subsequent performance.

10. Liability
Compliance with the assembly and operating instructions, the installation, operation, use and maintenance of the pool cover cannot be monitored by Thoma Modelltechnik UG (limited liability). Therefore, Thoma Modelltechnik UG assumes no liability for losses, damages or costs resulting from incorrect operation, incorrect behavior or in any way related to the above. Unless mandatory by law, the obligation of Thoma Modelltechnik UG to pay compensation for whatever reason is excluded (including personal injury, death, damage to buildings as well as damage due to loss of sales or business, business interruption or other indirect causes). or direct consequential damage) resulting from the use of the pool cover.
In all circumstances and in all cases, total liability is limited to the amount you actually paid for the pool cover.

11. Applicable law, place of jurisdiction, contract language
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
If the customer is a merchant, a legal entity under public law or a special fund under public law based in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. If the customer is a consumer based outside the territory of the Federal Republic of Germany, the seller's place of business is the place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract cannot be attributed to the consumer's professional or commercial activity; However, the consumer is entitled to take legal action in a court of his choice in his country of residence or in the territory of the Federal Republic of Germany. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's registered office.
The contract language is German.

12. Note on the disposal of used batteries
The following notice is aimed at those who use batteries or products with built-in batteries and no longer resell them in the form delivered to them (end users):
1. Free return of used batteries
Batteries must not be disposed of with household waste. You are legally obliged to return old batteries so that they can be disposed of correctly. You can hand in used batteries at a municipal collection point or at your local store. As a battery distributor, we are also obliged to take back old batteries, although our take-back obligation is limited to used batteries of the type that we carry or have carried as new batteries in our range. You can therefore return used batteries of the type mentioned above to your seller free of charge.
2. Meaning of battery symbols
Batteries are marked with the symbol of a crossed out wheelie bin. This symbol indicates that batteries must not be disposed of with household waste. For batteries that contain more than 0.0005 percent by mass of mercury, more than 0.002 percent by mass of cadmium or more than 0.004 percent by mass of lead, the chemical name of the pollutant used is located under the garbage can symbol - where "Cd" stands for cadmium, "Pb " stands for lead, and "Hg" stands for mercury."