Allgemeine Geschäftsbedingungen

 

General terms and conditions of the company: 

EES Energy Generation Systems GmbH 
Daumstrasse 50 
13599 Berlin 
Germany

Tel.: +49 30 354-902-19
Tel.: +49 30 354-902-22
Tel.: +49 176 5775 5680
 

Email: info@eesystem.de

1. Scope and defense clause

  1. For all legal relationships between EES and its customers based on the EES Internet Shop, the following general terms and conditions apply in the respective version at the time of the order.
  2. Different terms and conditions of the customer will be rejected.

2. Offers, conclusion of contract and ordering process

  1. The presentation of the goods on this website does not constitute a legally binding offer, but an invitation to order, unless a binding assurance is expressly given.
  2. With his order, the customer submits a binding offer to EES to conclude a contract with him. EES can accept this offer by sending an order confirmation by email to the customer or by delivering the ordered goods. The confirmation of receipt of the customer's order by email to the email address specified by the customer (order confirmation) documents that his order has been received and does not constitute acceptance of his offer. The contract only comes with the dispatch of the order confirmation by EES via email to the customer or with the delivery of the ordered goods. EES saves the contract text of the order.It cannot be viewed after the order has been placed, however, the order confirmation contains all the details of the contract.
  3. The contract is concluded in German.

3. Obligation to perform and deliver

  1. If EES accepts the customer's order, the delivery of the goods will be arranged immediately after receipt of the order. For orders against prepayment, the goods will only be delivered after EES has received the full amount of money and EES will not make a reservation for the goods ordered until receipt of payment. If the goods are sold out at the time of full payment and have to be re-ordered, EES will inform the customer immediately.
  2. Adherence to a delivery period always depends on the timely self-delivery. If the delivery option depends on the delivery by a pre-supplier and if this delivery fails for reasons for which EES is not responsible, EES is entitled to withdraw from the contract. For this reason, the customer is not entitled to compensation.
  3. The same applies if delivery is made significantly more difficult or impossible due to force majeure or other events and EES is not responsible for this. Such events include in particular: fire, flood, industrial dispute, operational disruptions, strikes and official orders that are not attributable to our operational risk. In the cases mentioned, the customer will be informed immediately of the lack of delivery options and any services already rendered will be refunded immediately.
  4. Partial deliveries are permissible unless the customer is clearly not interested in them or it is clearly not reasonable for them. If EES makes use of this right, packaging and shipping costs will only be charged once.

4. Prices and terms of payment

  1. The offer prices at the time of the order apply as they were shown in the online shop area.
  2. All prices are final prices and include the statutory German value added tax (currently 19%) for shipping within Europe without shipping costs.
  3. EES accepts payment by credit card, advance payment and bank transfer. Orders for debiting credit cards and prepayment are taken into account when invoicing.
  4. The goods remain the property of EES until full payment has been made. The customer is not entitled to dispose of the reserved goods. If EES's retention of title expires due to processing of the goods delivered by EES (e.g. through connection with other items), the customer is already transferring the joint ownership of the item created through connection to EES Energie-Generation-Systeme GmbH, Daumstrasse 50, 13599 Berlin , Germany. The handover is replaced by the fact that the customer keeps the new item created for EES free of charge.
  5. If the customer is in default of payment and is not a consumer, we are entitled to charge default interest of 8% above the respective base rate. Section 288 BGB applies.

5. Right of withdrawal

  1. If the customer is a consumer, he has a right of withdrawal of 14 days.

    Right of withdrawal

    Withdrawal

    You can cancel your contract declaration within 14 days without giving reasons in text form (e.g. letter, fax, email) or - if the thing is left to you before the deadline - by returning the thing. The period begins after receipt of this instruction in text form, however not before receipt of the goods by the recipient (in the case of the recurring delivery of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our information obligations in accordance with Article 246 § 2 in conjunction with § 1 Paragraphs 1 and 2 EGBGB as well as our obligations according to § 312e Paragraph 1 Clause 1 BGB in connection with Article 246 § 3 EGBGB. To meet the cancellation deadline, it is sufficient to send the cancellation or the item in good time. The revocation must be sent to:

    EES Energy Generation Systems GmbH 
    Daumstrasse 50 
    13599 Berlin 
    Germany 
    Email: info@eesystem.de 
    Tel.: +49 30 354-902-19
    Tel.: +49 30 354-902-22
    Tel.: +49 176 5775 5680

    consequences of Withdrawal

    In the event of an effective revocation, the services received on both sides must be returned and any benefits (e.g. interest) drawn up must be surrendered. If you cannot return the received performance in whole or in part or only in a deteriorated condition, you may have to compensate us in this respect.This does not apply to the surrender of goods if the deterioration of the goods is solely due to their inspection - as you would have been able to do in a shop. In addition, you can avoid the obligation to compensate for any deterioration caused by the intended use of the item by not using the item as your own property and refraining from doing anything that could impair its value.

    Items that can be sent as parcels are to be returned to the following address at our risk.

    EES Energy Generation Systems GmbH 
    Daumstrasse 50 
    13599 Berlin 
    Germany 
    Tel.: +49 30 354-902-19
    Tel.: +49 30 354-902-22
    Tel.: +49 176 5775 5680
     

    Email: info@eesystem.de

    You have to bear the costs of the return if the delivered goods correspond to the ordered ones and if the price of the thing to be returned does not exceed an amount of 40 euros or if you have not received the consideration or a contract for a higher price of the thing at the time of the revocation have made the agreed partial payment. Otherwise, the return is free for you. Items that cannot be sent as parcels will be picked up from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your cancellation or the goods, for us with their receipt.

    EES Energy Generation Systems GmbH 
    Daumstrasse 50 
    13599 Berlin 
    Germany 
    Tel.: +49 30 354-902-19
    Tel.: +49 30 354-902-22
    Tel.: +49 176 5775 5680


    Email: info@eesystem.de

  2. If the customer makes use of his legal right of cancellation (see cancellation policy), he must bear the costs of the return if the delivered goods correspond to the ordered ones and if the price of the item to be returned does not exceed 40 euros or if the customer has a higher price the item has not yet rendered the consideration or a contractually agreed partial payment at the time of the revocation.Otherwise, the return for the customer is free of charge.

6. Warranty

  1. The customer's warranty rights are based on the general statutory provisions, unless otherwise specified below. The regulation on liability of these terms and conditions applies to claims for damages by the customer against EES.
  2. The limitation period for warranty claims of the customer is 2 years for consumers for newly manufactured items, 1 year for used items. For entrepreneurs, the limitation period for newly manufactured items and used items is 1 year.
  3. The above shortening of the limitation periods does not apply to claims for damages by the customer due to injury to life, limb, or health, as well as claims for damages due to a violation of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. the provider has to hand over the goods to the customer free of material and legal defects and to provide ownership of them. The above shortening of the limitation periods also does not apply to claims for damages based on an intentional or grossly negligent breach of duty by EES, its legal representatives or vicarious agents. The right of recourse according to § 478 BGB is also excluded from entrepreneurs from the shortening of the limitation periods.

7. Liability

  1. The liability of EES for damage to the customer through willful or grossly negligent behavior on the part of EES, for injury to life, limb, health and damage in accordance with the Product Liability Act is unlimited in accordance with the statutory provisions.
  2. The liability of EES due to the statutory provisions for damage caused by slight negligence is limited to damage resulting from the violation of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. the provider has to hand over the goods to the customer free of material and legal defects and to provide ownership of them. This liability is limited to the typical damage foreseeable when the contract was concluded.
  3. The customer's claims for damages are otherwise excluded.
  4. The above disclaimer also applies in favor of the legal representatives and vicarious agents of EES, provided that the customer asserts claims against them.

8. Data protection

  1. Customer data is only collected as part of the execution of the contract. The legal requirements, in particular the Telemedia Act (TMG) and the Federal Data Protection Act (BDSG) are observed. The customer's inventory and usage data are only collected, processed or used insofar as this is necessary for the execution of the contractual relationship.
  2. Without the customer's consent, the customer's data will not be used for advertising, market or opinion research purposes.
  3. The customer can find further information on the type, scope, location and purpose of the collection, processing and use of the personal data required for the execution of orders in the data protection declaration.

9. Ban on assignment and pledging

The assignment or pledging of claims or rights to which EES is entitled without the consent of EES is excluded, unless the customer can demonstrate a legitimate interest in the assignment or pledging.

10. Offsetting and retention

The customer only has a right of set-off if his claim for set-off has been legally established or is undisputed.The customer can only exercise a right of retention if the claims result from the same contractual relationship.

11. Choice of law and place of jurisdiction

  1. The law of the Federal Republic of Germany applies to the contractual relationship between EES and the customer. The mandatory consumer protection regulations of the country in which the customer is habitually resident are excluded from this choice of law. The application of the UN sales law is excluded.
  2. The place of jurisdiction for all disputes arising from the contractual relationship between the customer and EES is the registered office of EES, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.

12. Severability clause

Should a provision of these general terms and conditions be ineffective, the effectiveness of the remaining provisions will not be affected.

13. Other

If the English and German versions of these conditions differ, the German version takes precedence.

As of November 2011

Tel.: +49 30 354-902-13<br />Tel.: +49 30 354-902-22</br>Tel.: +49 176 5775 5680<br />
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