Terms of service

Table of Contents

  1. Scope
  2. Conclusion of Contract
  3. Right of Cancellation
  4. Prices and Payment Terms
  5. Delivery and Shipping Conditions
  6. Retention of Title
  7. Liability for Defects (Warranty)
  8. Liability
  9. Special Conditions for Assembly/Installation Services
  10. Applicable Law
  11. Place of Jurisdiction
  12. Code of Conduct
  13. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as the "GTC") of inutec solarcenter international GmbH (hereinafter referred to as the "Seller") apply to all contracts for the delivery of goods concluded between a consumer or trader (hereinafter referred to as the "Customer") and the Seller concerning goods displayed by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of goods with digital elements, unless otherwise provided. In such cases, in addition to delivering the goods, the Seller is obliged to provide digital content or digital services (hereinafter referred to as "digital products") which are incorporated in or interconnected with the goods in such a way that the goods cannot perform their functions without them.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

1.4 A trader within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer may 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 completing the electronic ordering process, the Customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the ordering process. The Customer may also submit the offer to the Seller by email, fax, online contact form or post.

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 email), whereby receipt of the order confirmation by the Customer is decisive, or
  • by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
  • by requesting payment from the Customer after the Customer has placed the order.

If several of the above alternatives apply, the contract is concluded at the time when one of the above alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer 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 above period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their 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 User Agreement available at https://www.paypal.com/de/legalhub/paypal/useragreement-full, or - if the Customer does not have a PayPal account - subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time the Customer clicks the button that completes the ordering 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 referred to as "Amazon"), subject to the Amazon Payments Europe User Agreement available at https://pay.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method during the online ordering process, the Customer also issues a payment order to Amazon by clicking the button that completes the ordering process. In this case, the Seller hereby declares acceptance of the Customer's offer at the time the Customer initiates the payment process by clicking the button that completes the ordering process.

2.6 When an order is placed via the Seller's online order form, the contract text is stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g. email, fax or letter) after the Customer submits the order. The Seller does not provide any further access to the contract text. If the Customer has created a user account in the Seller's online shop before submitting the order, the order data is archived on the Seller's website and can be accessed by the Customer free of charge via the password-protected user account using the relevant login details.

2.7 Before bindingly submitting the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical aid for better detecting input errors may be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until the button that completes the ordering process is clicked.

2.8 Different languages are available for the conclusion of the contract. The specific language options are displayed in the online shop.

2.9 Order processing generally takes place automatically by email. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at that address.

3) Right of Cancellation

3.1 Consumers are generally entitled to a right of cancellation.

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

3.3 The right of cancellation does not apply to consumers who, at the time the contract is concluded, are not nationals of a Member State of the European Union and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices including statutory VAT. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange-rate fees) or import duties and taxes (e.g. customs duties). Such costs relating to the transfer of funds may also arise 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 available payment method(s) are 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 a later due date.

4.5 If a payment method offered via the payment service "Mollie" is selected, payment is processed by the payment service provider Mollie B.V., Keizersgracht 126, 1015 CW Amsterdam, Netherlands (hereinafter referred to as "Mollie"). Mollie may use additional payment services to process payments, for which special payment terms may apply and of which the Customer may be informed separately. Further information about "Mollie" is available online at https://www.mollie.com/de/.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, delivery is made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified during the Seller's order processing is decisive for the transaction.

5.2 For goods delivered by freight forwarder, delivery is made "free kerbside", i.e. to the public kerb nearest to the delivery address, unless otherwise stated in the shipping information in the Seller's online shop and unless otherwise agreed.

5.3 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of outbound delivery if the Customer effectively exercises the right of cancellation. In the event of effective exercise of the right of cancellation by the Customer, the provisions concerning return shipping costs in the Seller's cancellation policy apply.

5.4 If the Customer acts as a trader, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has handed the goods over to the freight forwarder, carrier or 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 generally passes only when the goods are handed over to the Customer or a person authorised to receive them. By way of exception, even for consumers, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has handed the goods over to the freight forwarder, carrier or other person or institution designated to carry out the shipment if the Customer commissioned that freight forwarder, carrier or other person or institution and the Seller had not previously named that person or institution to the Customer.

5.5 If the Customer acts as a consumer resident in Germany or as a trader, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper supply to the Seller. This applies only if the Seller is not responsible for the non-delivery and has, with due care, concluded a specific covering transaction with the supplier. The Seller will make all reasonable efforts to procure the goods. If the goods are unavailable or only partially available, the Customer will be informed immediately and any consideration paid will be refunded without undue delay.

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

6) Retention of Title

If the Seller makes advance performance, the Seller retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise provided below, the statutory provisions on liability for defects apply. By way of derogation, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as a trader,

  • the Seller is entitled to choose the type of subsequent performance;
  • for new goods, the limitation period for claims for defects is one year from delivery of the goods;
  • for used goods, claims for defects are excluded;
  • the limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

7.2 The above limitations of liability and reductions of limitation periods do not apply

  • to claims for damages and reimbursement of expenses by the Customer,
  • if the Seller has fraudulently concealed the defect,
  • to goods which have been used for a building in accordance with their customary use and have caused the building to be defective,
  • to any obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.3 In addition, for traders, the statutory limitation periods for any statutory right of recourse remain unaffected.

7.4 If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations set out therein, the goods are deemed approved.

7.5 If the Customer acts as a consumer, the Customer is requested to complain to the delivery agent about goods delivered with obvious transport damage and to inform the Seller accordingly. Failure to do so has no effect whatsoever on the Customer's statutory or contractual claims for defects.

8) Liability

The Seller is liable to the Customer for all contractual, quasi-contractual and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

8.1 The Seller has unlimited liability on any legal basis

  • in cases of intent or gross negligence,
  • in cases of intentional or negligent injury to life, body or health,
  • on the basis of a guarantee, unless otherwise provided in this respect,
  • on the basis of mandatory liability, such as under the German Product Liability Act.

8.2 If the Customer acts as a consumer resident in Germany or as a trader, the following limitations of liability apply:

If the Seller negligently breaches an essential contractual obligation, the Seller's liability is limited to the typical, foreseeable damage arising from the contract, unless the Seller is liable without limitation under the preceding clause. Essential contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, whose fulfilment is essential for the proper performance of the contract and on whose fulfilment the Customer may regularly rely. In all other respects, the Seller's liability is excluded unless the Seller is liable without limitation under the preceding clause.

8.3 The above liability provisions also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

9) Special Conditions for Assembly/Installation Services

If, in addition to delivery of the goods, the Seller also owes assembly or installation of the goods at the Customer's premises and, where applicable, corresponding preparatory measures (e.g. measurements), the following applies:

9.1 The Seller shall perform the services, at its discretion, itself or through qualified personnel selected by the Seller. The Seller may also use the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the Seller's service description, the Customer has no right to select a specific person to perform the requested service.

9.2 The Customer must provide the Seller completely and truthfully with the information required to perform the service owed, insofar as obtaining such information does not fall within the Seller's obligations under the contract.

9.3 After conclusion of the contract, the Seller will contact the Customer to arrange an appointment for the service owed. The Customer must ensure that the Seller or the personnel commissioned by the Seller have access to the relevant Customer facilities at the agreed time.

9.4 The risk of accidental loss and accidental deterioration of the goods sold passes to the Customer only upon completion of the assembly work and handover to the Customer.

10) Applicable Law

10.1 All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

10.2 Furthermore, with regard to the statutory right of cancellation, this choice of law does not apply to consumers who, at the time the contract is concluded, are not nationals of a Member State of the European Union and whose 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 domiciled within the territory of 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 domiciled 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. In the above cases, however, the Seller is always entitled to bring proceedings before the court at the Customer's place of business.

12) Code of Conduct

13) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.