General terms and conditions with customer information
- Scope
- Conclusion of the contract
- Prices and terms of payment
- Delivery and shipping conditions
- Right of withdrawal
- Retention of Title
- Liability for defects
- Liability
- Redemption of campaign vouchers
- Applicable Law
- Place of jurisdiction
- Information about codes of conduct to which the seller has submitted
- Information on online dispute resolution
1. Scope
1.1 These general terms and conditions (hereinafter referred to as “GTC”) of “SolarV GmbH” (hereinafter referred to as “seller”) apply to all contracts that a consumer or entrepreneur (hereinafter referred to as “customer”) with the seller about by the seller in his Online shop completes the goods offered. The inclusion of the customer’s own conditions is contradicted, unless otherwise agreed.
1.2 A consumer is any natural person who concludes a legal transaction for a purpose that can predominantly neither be attributed to their commercial nor their independent professional activity.
1.3 An entrepreneur is a natural or legal person or a legal 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 presentation of the goods, especially in the online shop, does not yet constitute a binding offer by the seller.
2.2 First, the customer places the selected goods in the shopping cart. In the next step, the ordering process begins, in which all data required for order processing are recorded. At the end of the ordering process, a summary of the order and contract data appears. Only after confirming this order and contract data by clicking on the button that concludes the ordering process, the customer makes a binding offer to purchase the goods in the shopping cart. The customer can also submit this offer to the seller by fax, email, post or telephone.
2.3 The seller accepts the customer’s offer through the following possible alternatives:
Sending a written order confirmation or an order confirmation in text form (fax or email) or Request for payment to the customer after placing the order or Delivery of the ordered goods The first alternative that occurs is decisive for the time of acceptance.
The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this constitutes a rejection of the offer. The customer is then no longer bound by his declaration of intent.
2.4 If the payment method “PayPal Express” is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “Paypal”). The PayPal user agreement applies here; it is available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or for customers without their own PayPal account: https: //www.paypal. com / de / webapps / mpp / ua / privacywax-full.
If the customer selects the payment method “PayPal” or “PayPal Express” to pay for his purchase, he submits his offer by clicking the button that concludes the ordering process. If the customer issues the payment order to PayPal at the same time by clicking on this button, the seller declares, in deviation from the above regulations, acceptance of the customer’s offer at the time the payment order is issued.
2.5 The contract text of the contract concluded between the seller and the customer is saved by the seller. The contract text is stored on the seller’s internal systems. The customer can view the general terms and conditions at any time on this page. The order data, the cancellation policy and the general terms and conditions are sent to the customer by email. After completing the order, the contract text is available to the customer free of charge via his customer login, provided that the customer has opened a customer account.
2.6 All entries made are displayed before clicking the order button and can be viewed by the customer before the order is sent and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, buttons are available to the customer for correction, if available, which are labeled accordingly.
2.7 The contract language is German.
2.8 It is the customer’s responsibility to provide a correct email address for contacting and processing the order, as well as setting the filter functions so that emails relating to this order can be delivered.
3. Prices and terms of payment
3.1 The prices shown are final prices including the statutory sales tax, unless otherwise agreed. If there are additional shipping costs, this can be found in the product description.
3.2 The customer can choose the payment methods that are available in the online shop.
3.3 In the case of advance payment by bank transfer, the payment is due immediately after the conclusion of the contract, unless otherwise agreed.
3.4 When paying by “PayPal”, payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The PayPal terms of use apply for this. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
3.5 When paying via “PayPal direct debit”, PayPal collects the claim after issuing a SEPA direct debit mandate and after expiry of the period for prior information on behalf of the seller from the customer’s bank account. Advance information is the seller’s announcement to the customer that his account will be debited via SEPA direct debit and can take the form of an invoice or a contract, for example. If the direct debit cannot be redeemed due to insufficient funds in the account or due to the specification of incorrect bank details, or if the customer objects to the direct debit without being entitled to do so, the customer must bear the fees incurred by the respective bank if he is responsible for this . The remaining contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by the payment by direct debit.
3.6 When paying with a Klarna payment method (if available on account, installment purchase, direct debit, credit card), payment is processed via Klarna BANK AB (publ) (https://www.klarna.com/de, Sveavägen 46, 111 34 Stockholm , Sweden (hereinafter “Klarna”). When paying by credit card, your credit card account will be debited immediately after completing the purchase process. When paying by direct debit, you give Klarna a SEPA direct debit mandate when you place your order.
Klarna will inform you of the date of the account debit (so-called prenotification). By submitting the direct debit mandate, Klarna will ask your bank to initiate the payment transaction. The payment transaction is carried out automatically and your account is debited. The account will be debited after the goods have been dispatched.
For payment processing via Klarna – in addition to these terms and conditions – the terms and conditions and the data protection declaration of Klarna apply. More information on the seller’s Klarna payment methods and Klarna’s terms and conditions can be found in the seller’s payment information. When paying with “Sofortüberweisung”, the payment is processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to be able to use the payment method, you need an online banking account with PIN / TAN procedure, with which you can legitimize yourself during the payment process and confirm the payment instruction to “SOFORT”.
The payment will be carried out by “SOFORT” immediately after the payment process has been completed and your bank account will be debited. More information on the “SOFORT” payment method can be found on the Internet at https://www.klarna.com/sofort/.
3.7 When paying by “PayPal installment”, the customer concludes a partial payment contract with PayPal. If PayPal allows payment via “PayPal installment payment”, the customer has to pay the invoice amount to PayPal according to the conditions specified by PayPal, which are communicated to him in the PayPal payment portal. The terms of use of PayPal apply, which you can find here: [url] https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE [/ url]
The remaining contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by this type of payment.
3.8 When paying via Klarna purchase on account or Klarna installment purchase, payment is processed via Klarna BANK AB (publ) [https://www.klarna.com/de], Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). More information on Klarna purchase on account and in installments as well as Klarna’s conditions for this can be found in the seller’s payment information under the following link: https://solarv.de/kasse/
3.9 When paying on account via “PayPal invoice”, payment is processed by PayPal. The purchase price is due after delivery of the goods and must be paid to PayPal within 30 days of receipt of the invoice, unless another payment term is specified. The purchase on account requires a successful credit check by PayPal. If the customer is allowed to purchase on account after checking the creditworthiness, the seller assigns his claim to PayPal, therefore PayPal can only be owed liberating effect. The remaining contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by this type of payment. Otherwise, the General Terms of Use for the use of purchase on account from PayPal apply: https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
3.10 When paying by “SOFORT”, payment is processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to be able to use the payment method, the customer needs an online banking account with PIN / TAN that has been activated for participation in “SOFORT”, with which he can legitimize himself during the payment process and confirm the payment instruction to “SOFORT” . The payment is carried out by “SOFORT” immediately after the payment process has been completed and the customer’s bank account is debited. More information on the “SOFORT” payment method can be found on the Internet at https://www.klarna.com/sofort/.
4. Delivery and shipping conditions
4.1 The delivery of goods by dispatch takes place to the delivery address given by the customer. Deviating from this, when paying by PayPal, the delivery address stored by the customer at PayPal at the time of payment is decisive.
4.2 Delivery by freight forwarder is “free curbside”, ie up to the public curbside closest to the delivery address. This only applies if nothing else emerges from the seller’s shipping information and nothing else has been agreed.
4.3 If the seller incurs additional costs due to the specification of a wrong delivery address or a wrong addressee or other circumstances that lead to the impossibility of delivery, these are to be reimbursed by the customer, unless he is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has adequately announced the service beforehand. The costs of sending the goods are excluded from this rule if the customer has effectively exercised his right of withdrawal. Here it remains with the legal regulation or the regulation made by the seller.
4.4 The risk of accidental loss and accidental deterioration of the goods sold is transferred to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment, if the customer is an entrepreneur. If the customer is a consumer, the transfer of risk only takes place when the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the transfer of risk also takes place for consumers as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise appointed to carry out the shipment, if the customer has appointed the carrier, the carrier or otherwise to carry out the shipment Person or institution commissioned with the execution themselves and the seller has not previously named this person or institution to the customer.
4.5 The contract is concluded with the reservation that, in the event of improper, delayed or non-delivery self-deliveries, delivery is not made or only partially or accordingly later. This only applies in the event that there is a congruent hedging transaction between the seller and the supplier, the improper, delayed or lack of self-delivery is not the responsibility of the seller and cannot be remedied by him with reasonable efforts. In the event that the goods are unavailable or only partially available, the customer will be informed immediately. Any payment made will be refunded immediately.
4.6 If the customer has been agreed to collect the goods himself, he will be informed by the seller that the goods he has ordered are ready for collection. After receiving this e-mail, the customer can pick up the goods at the seller’s headquarters or at an agreed location after consultation with the seller. In this case there are no shipping costs.
4.7 Vouchers are given to the customer in the following form:
- by email
- by download
- by post
5. Right of withdrawal
5.1 If the customer is a consumer, he generally has a right of withdrawal.
5.2 The seller’s cancellation policy applies to the right of cancellation.
5.3 Consumers who do not belong to any member state of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract have no right of withdrawal.
6. Retention of Title
6.1 In contracts with consumers, the goods remain the property of the seller until they have been paid for in full.
6.2 In contracts with companies, the goods remain the property of the seller until all claims from an ongoing business relationship have been settled in full.
6.3 If the customer acts as an entrepreneur, he is entitled to resell the goods subject to retention of title in the ordinary course of business. The customer assigns the claims against third parties arising from the resale to the seller in advance in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the reserved goods were resold without or after processing. The customer may also collect claims after the assignment, but this does not affect the right of the seller to collect the claims himself. However, the seller will refrain from collecting the claims as long as the customer meets his payment obligations to the seller, is not in default of payment and no application has been made to open insolvency proceedings against the customer.
7. Liability for defects
With regard to the warranty, the provisions of statutory liability for defects apply, unless otherwise agreed in these terms and conditions.
7.1 If the customer acts as an entrepreneur, the seller has the choice of the type of supplementary performance; In the case of used goods, the rights and claims due to defects are fundamentally excluded; For new goods, the limitation period for defects is one year from the transfer of risk; the limitation period does not start again if a replacement delivery has been made within the scope of liability for defects.
7.2 If the customer acts as a consumer, the following applies to used goods with the restriction of the following paragraph: Claims for defects are excluded if the defect only occurs one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period.
7.3 The limitations of liability and shortening of the limitation period regulated above do not apply for items that have been used for a building in accordance with their normal use and have caused its defectiveness, for damage caused culpably by the seller from injury to life, limb or health and in the case of damage caused by gross negligence or intent or in the case of malice on the part of the seller as well as in the case of claims according to §§ 478, 479 BGB
7.4 The statutory limitation periods for the right of recourse of an entrepreneur § 478 BGB remain unaffected.
7.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code, he is subject to the commercial inspection and complaint obligations in accordance with Section 377 of the German Commercial Code.
7.6 If the customer is acting as a consumer, he is asked to complain to the deliverer about goods received with obvious transport damage and to inform the seller thereof. It is expressly made clear that the customer’s statutory or contractual claims for defects are not affected if the customer does not comply with this request.
8. Liability
The seller’s liability from all contractual, contractual and statutory as well as tortious claims for damages and reimbursement of expenses is determined as follows:
8.1 The seller is only fully liable for damage that can be traced back to willful or grossly negligent behavior. In the event of injury to life, body and health and the violation of essential contractual obligations (cardinal obligations), the seller is also liable in the event of slight negligence. An essential contractual obligation is one, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly trusts and may rely. As regulated above, the seller is also liable on the basis of a guarantee promise, unless otherwise regulated in this regard. This also applies to indirect consequential damage such as, in particular, lost profit and to mandatory liability such as under the Product Liability Act.
8.2 Liability is – with the exception of willful or grossly negligent behavior or damage from injury to life, limb and health and the violation of essential contractual obligations (cardinal obligations) – for the damage typically foreseeable at the time the contract was concluded and otherwise the amount typical for the contract Average damage limited. This also applies to indirect consequential damage such as, in particular, lost profit.
8.3 Otherwise liability on the part of the seller is excluded.
8.4 The above liability regulations apply mutatis mutandis in favor of the employees and vicarious agents of the seller.
9. Redemption of campaign vouchers
9.1 Vouchers that the seller gives free of charge as part of (advertising) campaigns with a certain period of validity and that the customer cannot purchase (“campaign vouchers”) can only be redeemed in the seller’s online shop and only within the period specified by the seller.
9.2 Promotion vouchers can only be redeemed by consumers.
9.3 Individual products can be excluded from the voucher campaign. The specific restrictions can be found on the campaign voucher.
9.4 Promotional vouchers can only be redeemed before the order process has been completed. There is no subsequent billing.
9.5 Only one campaign voucher can be redeemed per order. It is not possible to redeem several campaign vouchers in one order.
9.6 The value of the goods in each order must be at least the amount of the campaign voucher. Any remaining credit will not be refunded by the seller.
9.7 If the value of a campaign voucher is insufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
9.8 The credit of a campaign voucher is neither paid out nor interest.
9.9 The campaign voucher will also not be reimbursed if the customer returns the goods paid for in full or in part with the campaign voucher within the scope of his statutory right of withdrawal.
9.10 Campaign vouchers are generally transferable. The seller can make a discharge to the customer who redeems the respective gift voucher. This does not apply if the seller has knowledge or grossly negligent ignorance of any non-authorization, legal incapacity or lack of authorization of the respective owner.
10. Applicable Law
10.1 The law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of movable goods. The legal regulations for the restriction of the choice of law and for the applicability of mandatory regulations, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.
10.2 This choice of law does not apply with regard to the statutory right of withdrawal for consumers if they do not belong to a member state of the European Union at the time the contract is concluded and their sole place of residence and delivery address are outside the European Union at the time the contract is concluded
11. Place of jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law based in the territory of the Federal Republic of Germany, the sole 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 this contract or claims from this contract can be attributed to the customer’s professional or commercial activity. Nevertheless, in the aforementioned cases, the seller is also entitled to call the court at the customer’s registered office call out.
12. Information about codes of conduct to which the seller has submitted
The seller has submitted to the guidelines for “Google Customer Reviews”, which are available at https://support.google.com/merchants/topic/7105962.
13.Information on online dispute resolution
The EU Commission’s online dispute resolution platform can be found on the Internet at the following link: https://ec.europa.eu/odr
We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.