Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (EES GmbH) via the website shop.ees-energiespeicher.de. Unless otherwise agreed, the inclusion of any terms and conditions of your own use is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, when entering into a legal transaction, acts in the exercise of its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
Our offers on the Internet are not binding and no binding offer to conclude a contract.
(2) You can submit a binding purchase offer (order) via the online shopping cart system.
The goods intended for purchase are stored in the "shopping cart." You can use the corresponding button in the navigation bar to open the "shopping cart" and make changes there at any time. After accessing the "Cashier" page and entering the personal data as well as the terms of payment and shipping, all order data will be displayed on the order summary page.
Before submitting the order, you have the opportunity to review all information here again, to change (also via the function "back" of the Internet browser) or cancel the purchase.
By submitting the order via the button "buy" you make a binding offer from us.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place immediately after ordering by confirmation in writing (eg e-mail), in which you the execution of the order or delivery of the goods is confirmed (order confirmation).
If you have not received the appropriate message, you are no longer bound to your order. Any services already provided will be reimbursed immediately in this case.
(4) Your requests to make an offer are not binding for you. We will make you a binding offer in text form (for example by e-mail), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You therefore have to ensure that the e-mail address you provide us with is correct, that the receipt of the e-mails is technically ensured and, in particular, that no SPAM filters prevent this.
§ 3 Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following also applies:
a) We reserve the ownership of the goods until complete settlement of all claims arising from the current business relationship. Before the transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, you already now assign to us all claims in the amount of the invoice amount that accrue to you from the resale, we accept the assignment. They are further authorized to collect the claim. If you do not properly meet your payment obligations, however, we reserve the right to collect the claim ourselves.
c) In the case of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.
§ 4 Warranty
(1) The statutory warranty rights exist.
(2) Insofar as you are an entrepreneur, contrary to para. 1:
a) The quality of the goods is only our own information and the product description of the manufacturer as agreed, but not other advertising, public promises and statements of the manufacturer.
b) You are obliged to inspect the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days from receipt of the goods in text form (e-mail, for example), the deadline is sufficient. This also applies to later discovered hidden defects from discovery. In the event of a violation of the obligation to inspect and notify, the assertion of the warranty claims is excluded.
c) In the case of defects, we shall provide warranty at our option through repair or replacement. If the defect elimination fails, you can request a reduction or withdraw from the contract. The elimination of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or the other circumstances indicate otherwise. In the case of rectification, we do not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, unless the shipment corresponds to the intended use of the goods.
d) The warranty period is one year from the delivery of the goods. The shortened warranty period does not apply to culpably caused damages caused by injury to life, limb or health and grossly negligent or intentionally caused damages or malice, as well as to recourse claims according to §§ 478, 479 BGB.
§ 5 Liability
(1) We are fully liable for damages resulting from injury to life, limb or health. Furthermore, we are liable without limitation in all cases of intent and gross negligence, fraudulent concealment of a defect, assuming the guarantee for the nature of the object of purchase and in all other statutory cases.
(2) The liability for defects within the framework of the legal warranty is governed by the corresponding provision in our Customer Information (Part II) and General Terms and Conditions (Part I).
(3) If material contractual obligations are affected, our liability for slight negligence shall be limited to the contractually typical, foreseeable damage. Significant contractual obligations are essential obligations which arise from the nature of the contract and whose violation would jeopardize the achievement of the purpose of the contract and obligations which the contract imposes on us according to its content for the purpose of achieving the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance you can regularly rely.
(4) Liability for slightly negligent breaches of duty is excluded in the case of breach of insignificant contractual obligations.
(5) According to the current state of the art, data communication via the Internet can not be guaranteed error-free and / or available at all times. We are not liable for the continuous or uninterrupted availability of the website and the services offered there.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law applies only to the extent that this does not remove the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (favorable principle).
(2) The place of fulfillment for all services arising from our existing business relationships as well as place of jurisdiction is our registered office, as far as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or the place of residence or habitual residence is not known at the time the complaint is filed. The right to call the court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention explicitly do not apply.
II. Customer information
1. Identity of the seller
Karlsbader Str. 65
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at http://ec.europa.eu/odr.
2. Information about the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are made in accordance with § 2 of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. The complete contract text will not be saved by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After the order has been received by us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you by e-mail.
3.3. In the case of requests for quotations outside of the online shopping cart system, you will receive all contract data in the form of a binding offer in text form, e.g. by e-mail, which you can print or electronically secure.
4. Essential features of the product or service
The essential characteristics of the product and / or service can be found in the respective offer.
5. Prices and Payment Methods
5.1. The prices quoted in the respective offers as well as the shipping costs are total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be called up via an appropriately designated button on our website or in the respective offer, will be shown separately in the course of the order process and are to be borne by you in addition, unless the free shipping delivery is promised.
5.3. The payment methods available to you are shown under a corresponding button on our website or in the respective offer.
5.4. Unless otherwise stated in the individual payment methods, the payment entitlements under the contract are immediately due for payment.
6. Terms of delivery
6.1. The terms of delivery, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.
6.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold will only be transferred to you upon delivery of the goods during the shipment, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a carrier not designated by the entrepreneur or any other person designated to carry out the shipment.
Are you an entrepreneur, the delivery and shipment takes place at your risk.
7. Legal Liability Right
7.1. The liability for defects for our goods is governed by the regulation "Warranty" in our General Terms and Conditions (Part I).
7.2. As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and damage in transit and to notify us and the forwarder of any complaints as soon as possible. If you do not comply with this, this does not affect your statutory warranty claims.
These GTC and customer information were created by lawyers specialized in IT law of the dealer federation and are permanently checked for legal compliance. The Händlerbund Management AG guarantees the legal certainty of the texts and is liable in case of warnings. Further information can be found at: http://www.haendlerbund.de/agb-service.
last update: 23.01.2017