General terms and conditions of business

The following regulates the contractual conditions within the framework of purchase contracts concluded via this online shop between Patric Sassmann, Klausenburgerstraße 4, 68775 Ketsch and the respective buyer.

§ 1 Scope, definitions

1. The following general terms and conditions apply to the business relationship between the webshop seller (hereinafter referred to as "seller") and the buyer (hereinafter referred to as "customer") in the version valid at the time of the order. Deviating conditions of the buyer will not be recognized unless the seller expressly agrees to their validity.

2. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity, Section 13 of the German Civil Code (BGB). In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity, Section 14 of the German Civil Code (BGB).

§ 2 Conclusion of contract

Where goods are mentioned below, this also includes digital products (digital content or digital services) and goods with digital elements, if offered

1. The presentation of goods in the online shop does not constitute a legally binding offer, but merely an invitation to the customer to submit an offer. The customer can select goods from the seller's range and collect them in a so-called shopping cart using the button relating to the shopping cart. The customer submits a binding request to purchase the goods in the shopping cart using the button required to conclude the purchase contract. The customer can change and view the data at any time before submitting the order. The customer can return to the page on which his data was recorded at any time before a binding order by pressing the "Back" button in the browser. Input errors can be corrected here. The order process can be cancelled by closing the Internet browser. However, the request can only be submitted and transmitted if the customer has accepted these contractual conditions and has thereby included them in his application.

2. Confirmation of receipt of the customer's order together with acceptance of the order will be sent by automated email immediately after it has been sent. The purchase contract is concluded with this email confirmation.

If the customer has chosen a payment method with immediate payment (such as PayPal / PayPal Plus / PayPal Express, Amazon Payments, Sofortüberweisung), the contract is concluded at the time the customer confirms the payment order. If the customer has chosen the payment method in advance, the contract is concluded when the customer receives a payment request with the relevant bank details before the seller's declaration of acceptance. With this payment request, we accept your offer.

3. The contract text and any warranty conditions will be sent to the customer on a permanent data medium (email or paper printout) with the email (confirmation of receipt and acceptance of the order) or in a separate email, but no later than when the goods are delivered. The contract text will be saved in compliance with data protection regulations. The customer can also view the seller's current terms and conditions at any time at http://www.solarpanelgitter.com/agb. Past orders can be viewed in the customer area under Customers will receive an email with their order.

§ 3 Manufacture of goods according to customer specifications

We do not manufacture goods according to customer specifications.

§ 4 Start of delivery period, delivery, provision of digital content

1. The delivery period begins on the day after the payment order is issued to the transferring bank in the case of advance payment or on the day after the contract is concluded in the case of other payment methods and ends with the expiry of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the next working day takes the place of such a day.

2. Delivery will be made to the delivery address provided by the customer.

3. If delivery to the customer was not possible and the transport company returns the ordered goods to the seller, the customer will bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had announced this to him a reasonable time in advance.

§ 5 Retention of title

The delivered goods remain the property of the seller until full payment has been made.

§ 6 Prices and shipping costs

1. The prices stated on the seller’s website include the applicable statutory sales tax.

If the offers of the web shop are aimed exclusively at other entrepreneurs, the prices are exclusive of the applicable statutory sales tax.

2. Any shipping and delivery costs incurred will be shown during the ordering process and are to be borne by the customer, unless otherwise stated.

The following applies to consumers:

3a. The goods will be shipped by a transport company commissioned by the seller. The shipping risk is borne by the seller if the customer is a consumer.

The following applies to entrepreneurs:

3b. The goods will be dispatched by a transport company commissioned by the seller. The risk of accidental loss or accidental deterioration of the purchased item passes to the buyer as soon as the seller has handed the item over to the forwarding agent, the freight carrier or the person or institution otherwise designated to carry out the dispatch.

§ 7 Terms of payment

1. During the ordering process, the customer is shown the payment options available. These can be payment options such as advance payment, credit card or the use of payment service providers such as PayPal, Klarna or Amazon Pay. The customer receives further information during the ordering process. The seller can determine the available payment options at its own discretion.

1a) When paying via PayPal Checkout, the customer is shown the payment options available from PayPal. These can be purchase on account, credit card payment, payment using an alternative payment method (e.g. giropay, Sofort), PayPal installment payment, payment after 30 days, deposited credit card or bank account, direct debit and credit card payment from PayPal. A PayPal customer account is not required for the payment methods purchase on account, credit card payment and payments using the alternative payment methods (e.g. giropay, Sofort).

1b) If the customer chooses the payment option "Pay after 30 days" - if offered - it should be noted that he must have a PayPal account with a bank account. Furthermore, he must have given PayPal an effective SEPA direct debit mandate. The amount will be automatically debited from the customer's bank account after 30 days. The use of gift vouchers or other special payment arrangements is not permitted. No other payment source, such as a credit card, can be used. Further information from PayPal on the payment option "Pay after 30 days" can be found at: https://www.paypal.com/de/webapps/mpp/ua/pppa30d-tnc

1c) If the customer chooses the "PayPal installment payment" payment option - if offered - he has the option of paying the debt in monthly installments. PayPal offers various term models for this. Payment is subject to a credit check by PayPal. PayPal may charge interest for this payment option. The applicable conditions can be found in the installment payment agreement.

2. Payment of the purchase price is due immediately after conclusion of the contract, unless a later due date has been agreed between the parties. If the due date for payment is determined according to the calendar, the customer will be in default simply by missing the deadline.

The following applies to consumers:

2a. Point 2 only applies if the customer has been specifically informed of this legal consequence in the invoice or payment statement. In the event of default, the customer must pay the seller default interest amounting to 5 percentage points above the respective base interest rate.

The following applies to entrepreneurs:

2b. In case of default, the Customer shall pay the Seller default interest amounting to 9 percentage points above the base interest rate.

3. The customer’s obligation to pay default interest does not exclude the seller from claiming further damages caused by default.

§ 8 Warranty for material defects, guarantee

1. All goods from the seller's shop are subject to statutory warranty rights. The seller is liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 ff. of the German Civil Code (BGB).

2. For entrepreneurs, the warranty obligation for newly manufactured items delivered by the seller is 12 months from the transfer of risk. The limitation periods for the seller's recourse according to Section 445a of the German Civil Code remain unaffected.

3. If a guarantee exists for individual items, this will be expressly stated in the item description. Details can be found in the respective guarantee conditions.

§ 9 Liability

1. The customer's claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the seller, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

2. In the event of a breach of essential contractual obligations, the Seller shall only be liable for the damage that is typical for the contract and foreseeable if this was caused by simple negligence, unless the Customer has claims for damages arising from injury to life, body or health.

3. The restrictions in paragraphs 1 and 2 also apply to the benefit of the legal representatives and vicarious agents of the Seller if claims are asserted directly against them.

4. The provisions of the Product Liability Act remain unaffected.

§ 10 Right of withdrawal

If the customer is a consumer, he or she has a statutory right of cancellation. Further information on the right of cancellation can be found in the cancellation policy.

§ 11 Information on data processing

Data protection is particularly important to us. That is why you will find our detailed privacy policy separately on our homepage.

§ 12 Code of Conduct

The seller has submitted to the testing criteria of Geprüfter Webshop, which can be viewed on the Internet at https://www.gepruefter-webshop.de/files/6815/2724/8502/Prüfkriterien_Stand_05.2018.pdf.

§ 13 Force Majeure Klausel

1. In case of force majeure, the Seller cannot guarantee the proper functioning of the webshop.

2. Force majeure includes all unforeseeable events which – to the extent that they could have been foreseen – are outside the control of the provider or the participant.

Such events also include: natural disasters such as floods, storm surges, hurricanes and other severe weather events of catastrophic proportions, earthquakes, lightning strikes, avalanches and landslides, fires, epidemics, pandemics, and infectious diseases (provided they have been declared by the WHO or a public body and classified as having a danger level of at least “moderate”), war or warlike conditions, internal unrest, military or unlawful seizure of power, official and government orders, strikes and lockouts, fire, ordnance disposal or similar.

3. If such an event occurs, the functionality of the webshop may be restricted or fail due to external circumstances. Claims against the seller due to incorrect transmission of orders (submission of an offer) or payment transactions do not lead to claims for damages against the seller during the duration of the event.

Buyers are obliged to inform the Seller immediately, but no later than 14 days after an order has been received without response and/or processing, but the Buyer wishes to keep the order. This information must be provided in writing by email or letter, in any case in a manner that ensures that the Seller receives the information letter.

4. After receiving information about the faulty or failed order, the seller will contact the provider to either confirm or reject the order. However, due to unforeseeable events, the seller cannot guarantee that the ordered product(s) will reach the customer within the specified delivery time. If delivery is not possible within six months of the occurrence of the event, the seller must refund the purchase price including shipping costs to the buyer, unless both parties have agreed otherwise. No other claims for compensation or payment against the seller arise.

5. The restrictions of paragraph 4 also apply to the benefit of the legal representatives and vicarious agents of the Seller if claims are asserted directly against them.

6. Both parties, seller and buyer, undertake to do everything possible to reach an amicable settlement.

§ 14 Dispute settlement procedure (if the customer is a consumer)

The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: https://ec.europa.eu/consumers/odr

The seller is voluntarily willing to participate in the dispute resolution procedure before a consumer arbitration board. The responsible body is the Federal Universal Arbitration Board - Center for Arbitration eV, Straßburger Str. 8, 77694 Kehl.

§ 15 Final provisions

1. Contracts between the seller and the customer are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. In the case of orders from consumers from abroad, mandatory provisions or the protection granted by case law of the respective country of residence remain in force and apply accordingly.

2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.

3. The contract language is German.

Copyright notice:

These terms and conditions were created by the contract lawyers of TISKO Consulting GmbH (https://www.Gepruefter-Webshop.de) and are protected by copyright. Any use other than the contractual agreement or the copying and unauthorized use of the texts is not permitted and constitutes a copyright infringement that will be prosecuted.