General Terms And Conditions

Table of contents

Scope

Contract

Withdrawal

Prices and terms of payment

Delivery and shipping conditions

Ownership

Liability for defects (warranty)

Applicable law

Venue

Code of conduct

Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as " GTC") of inutec solarcenter international GmbH (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with regard to the goods presented by the Seller in his online shop. Unless otherwise agreed, the inclusion of the customer's own terms and conditions is hereby contradicted.

1.2 For contracts for the delivery of goods with digital elements, these GTC apply accordingly, unless otherwise agreed. In addition to the delivery of the goods, the seller owes the provision of digital content or digital services (hereinafter referred to as "digital products") that are contained in or connected to the goods in such a way that the goods cannot fulfil their functions without them.

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to his commercial nor his independent professional activity.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of 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. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking on the button concluding the order process. Furthermore, the customer can also submit the offer to the seller by fax, e-mail, post or online contact form.

2.3 The Seller may accept the Customer's offer within five days,

by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
by requesting payment from the customer after placing his order.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the dispatch of the offer by the customer and ends with the expiry of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment is 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 referred to as "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal in the online ordering process, the seller hereby declares acceptance of the customer's offer at the time when the customer clicks on the button that completes the order process.

2.5 If the payment method "Amazon Payments " is selected, payment is processed by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), under the Amazon Payments Europe User Agreement, available at https://payments.amazon.de/help/201751590 . If the customer selects "Amazon Payments" as the payment method during the online ordering process, he also issues a payment order to Amazon by clicking the button concluding the order process. In this case, the seller hereby declares acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button concluding the order process.

2.6 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after sending his order. Any further provision of the contract text by the seller does not take place. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be retrieved by the customer free of charge via his password-protected user account by providing the corresponding login data.

2.7 Before binding submission of the order via the online order form of the seller, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.

2.8 The German and English languages are available for the conclusion of the contract.

2.9 The order processing and contact usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller with the order processing can be delivered.

3) Right of withdrawal

3.1 In principle, consumers are entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.

3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

4) Prices and terms of payment

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory value added tax. Any additional delivery and shipping costs incurred will be stated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the Customer in the Seller's online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If you select a payment method offered via the "mollie" payment service, payment is processed by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter referred to as "mollie"). The individual payment methods offered via mollie will be communicated to the customer in the seller's online shop. For the processing of payments, mollie may use other payment services for which special terms of payment may apply, to which the customer may be informed separately. Further information on "mollie" is available on the Internet at https://www.mollie.com/de/ .

5) Delivery and shipping conditions

5.1 If the seller offers to ship the goods, delivery shall be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.

5.2 In the case of goods delivered by freight forwarder, delivery shall be made "free curbside", i.e. to the public kerb closest to the delivery address, unless otherwise stated in the shipping information in the seller's online shop and unless otherwise agreed.

5.3 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the shipment if the customer effectively exercises his right of withdrawal. For the return costs, if the customer effectively exercises the right of withdrawal, the regulation made in the revocation instruction of the seller applies.

5.4 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or any other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall only pass upon handover of the goods to the customer or a person authorised to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold, even in the case of consumers, shall already pass to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or any other person or institution designated to carry out the shipment, if the customer commissions the freight forwarder, the carrier or any other person or institution designated to carry out the shipment with the execution and the seller Customers have not previously named this person or institution.

5.5 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific hedging transaction with the Supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.6 If the Seller offers the goods for collection, the Customer may collect the ordered goods within the business hours specified by the Seller at the address specified by the Seller. In this case, no shipping costs will be charged.

6) Retention of title

If the seller makes an advance payment, he retains title to the delivered goods until full payment of the purchase price owed.

7) Liability for defects (warranty)

7.1 Unless otherwise stated in the following provisions, the provisions of the statutory liability for defects shall apply. Notwithstanding this, the following applies to contracts for the delivery of goods:

7.2 If the customer acts as an entrepreneur,

the seller has the choice of the type of subsequent performance;

in the case of new goods, the limitation period for defects is one year from delivery of the goods;
rights and claims due to defects are excluded in the case of used goods;
the limitation period shall not commence again if a replacement delivery is made within the scope of liability for defects.

7.3 The limitations of liability and shortening of periods regulated above shall not apply.

for claims for damages and reimbursement of expenses of the customer,

in the event that the seller has fraudulently concealed the defect,
for goods which, in accordance with their normal use, have been used for a construction work and which have caused its defectiveness,
for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.4 In addition, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected for entrepreneurs.

7.5 If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial obligation to inspect and give notice of defects in accordance with § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.6 If the customer acts as a consumer, he is asked to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply with this, this has no effect on his statutory or contractual claims for defects.

8) Applicable law

8.1 All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

8.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

9) Place of jurisdiction

If the customer acts as a merchant, legal entity under public law or special fund under public law based in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the seller. If the customer has its registered office outside the territory of the Federal Republic of Germany, the registered office of the seller 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 professional or commercial activity of the customer. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's registered office.

10) Code of Conduct

- The seller has submitted to the Trusted Shops quality criteria, which can be viewed on the Internet under http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

11) Alternative dispute resolution

11.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.

11.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.