General terms and conditions
The online shop is targeted exclusively at natural persons, legal entities or legally competent partnerships for execution of their commercial or independent professional activities, hereinafter: "Customers".
The operator of the shop and contracting partner of all purchasing contracts concluded through it is Akkuplanet GmbH.
§ 1 Scope of application
(1) All offers, purchasing contracts, deliveries and services due to orders of the clients (hereinafter: Customers) concerning this online shop (hereinafter: "Online Shop") are subject to these general terms and conditions.
(2) Terms and conditions of the Customer or of third parties shall not apply, even if the seller does not separately object to their application from case to case. Even if the seller refers to a letter that contains terms and conditions of the Customer or of a third party, or that refers to such, this shall not constitute consent to application of those terms and conditions.
§2 Conclusion of the contract
(1) All offers of the purchaser are free and non-committal.
(2) Information of the seller on the object of the delivery or service (e.g. weights, dimensions, usage values, resilience, tolerances and technical details), as well as the presentations of these (e.g. drawings and figures) are only approximately relevant, as far as usability for the contractually intended purpose does not require precise correspondence. They are not guaranteed property features, but descriptions or marks of the delivery or service. Common deviations and deviations made due to legal provisions or technical improvements, as well as the replacements of parts by equivalent parts, shall be permitted if not impairing the usability for the contractually intended purpose.
(3) The customer may choose products from the range of the online shop and collect them in a virtual shopping cart with a button labelled "Into the shopping cart". The customer may view the contents of the shopping cart at any time and use the provided functions to remove, add or adjust items. The customer is then able to enter or select its billing address, a delivery address, the payment type and the delivery type. These data can be viewed on an overview page and adjusted with the function for editing. The customer makes a binding offer for purchasing the goods in the shopping cart with the button "Send order".
(4) The seller initially confirms receipt of an order with an order confirmation in which the customer's order is listed again and that the customer can print via the function "Print". The automatic confirmation of receipt only documents that the Customer's order was received. It does not constitute acceptance of the offer.
The seller has the right to refuse the offer and make a changed offer to the Customer, e.g. concerning the agreed payment type.
If the seller accepts the Customer's offer, this is done according to the following provisions:
- When ordering against advance payment or, as far as this is offered, by PayPal, by the seller asking the Customer to make the payment.
- For orders by direct debit, or, as far as offered, by invoice or cash on delivery, by the seller sending an order confirmation to the Customer within five working days after receipt of the order, or by delivering the ordered goods to the Customer. In either case, receipt by the Customer shall be essential.
(5) The contractual language is German.
(6) The contract text is stored by the seller. The order data and contractual provisions, including a link to these terms and conditions, will be sent to the Customer separately in text form. Additionally, the contract text will be archived on the seller's website and can be called up by the Customer via its password-protected customer account, indicating the corresponding login details.
§ 3 Customer account
(1) A customer account must be opened to perform an order. The Customer commits, in the scope of registration, to only provide truthful information on its person and its company, and to always keep its details up to date.
(2) The Customer will receive access credentials for its customer account. The Customer is obligated to keep these access details confidential and to inform the seller about their loss or abuse without undue delay.
§ 4 Delivery, availability of goods
(1) Deliveries are made ex works. The seller is entitled to use third parties to meet its contractual delivery obligations.
(2) Delivery of hazardous goods is only possible within Germany. The delivery period is agreed individually.
(3) The seller may, notwithstanding its rights from the Customer's default, demand extension of the delivery and performance periods or delay of the delivery and performance dates from the Customer by the period in which the Customer did not meet its contractual obligations towards the seller.
(4) The seller shall not be liable for impossibility of the delivery or for delivery delays, as far as these are caused by force majeure or any other events not foreseeable at the time of conclusion of the contract (e.g. operating interferences of any kind, issues in material or power procurement, transport delays, strikes, rightful lockout, lack of workers, energy or raw materials, difficulty in procuring the necessary authority approvals, authority measures or lack of, incorrect or late supply by suppliers) for which the seller is not at fault. If such events make delivery or performance essentially more difficult for the seller, and if the impairment is not only temporary, the seller has the right to withdraw from the contract. In case of temporary obstacles, the delivery and performance deadlines shall be extended, or the delivery or performance dates shall be delayed by the period of the impairment plus an appropriate start-up period.
As far as acceptance of the delivery or service is not reasonable for the Customer due to the delay, it may withdraw from the contract by notification to the seller without undue delay.
§ 5 Shipping
(1) The place of performance from any obligations from the contractual relationship shall be the seller's headquarters, provided that nothing else is stipulated.
(2) The shipping type and packaging are subject to the seller's diligent discretion.
(3) The risk shall pass to the Customer at the latest at handover of the delivery object (with commencement of loading being essential) to the forwarder, carrier or other third party stipulated to perform the dispatch. This shall also apply in case of partial deliveries. If dispatch or handover are delayed due to circumstances the cause of which is with the Customer, the risk shall pass to the Customer from the day onwards on which the delivery object is ready for shipment and the seller has informed the Customer of this.
Expenses and damage incurred by the seller due to default of acceptance shall be assumed by the customer.
(4) If, after there has been a delay on our part, the purchaser sets us a reasonable deadline with the threat of refusal, then it is entitled to withdraw from the contract or to demand damages due to non-performance after such a deadline has passed fruitlessly - the latter only if the delay was due to malice aforethought or gross negligence, or in case of ordinary negligence, represents an infraction of essential contractual responsibilities.
§ 6 Return rights
(1) The customer shall have the right to return the goods received without giving reasons by sending back the goods within 30 days after receipt. However, the return shipment must be registered beforehand. This registration must take place through the central return office of the seller:
(2) Return shall only be possible for unused goods in a condition ready for resale.
The goods must be returned in their original packaging, including all accessories.
(3) The return costs shall be borne by the Customer. Please contact us in advance for any goods that cannot be sent as a parcel (e.g. bulky goods and items marked with the addition "carriage-paid delivery"). On request, we will gladly collect these goods from you and quote the resulting costs to you.
(4) Please use our form "return shipment" for your return shipment. Please fill it out completely and attach it to the returned goods. If you are making a complaint, the exact specification of the fault is very important to us, so that such faults can be avoided in future and to find the best possible solution for you.
§ 7 Reservation of title
(1) The delivered goods shall remain the seller's property until complete payment of all claims from the business relationship.
(2) The seller commits to releasing any collateral due to it upon the purchaser's request if the value that can be realised from the collateral exceeds the claims to be secured by more than 10%. Selection of the collateral to be released is due to the seller. If the seller withdraws from the contract in case of non-contractual behaviour of the purchaser, in particular in case of payment default (utilisation), it shall have the right to demand return of the reserved goods.
§ 8 Prices and payment
(1) The prices shall apply to the scope of services and deliveries listed in the order confirmations. Additional or special payments are not changed separately. The prices are given in EURO ex works, plus packaging, shipping, statutory VAT, any customs and fees and other public charges.
(2) The seller grants the Customer the option of choosing between different payment types that may include: Payment by invoice, advance payment, PayPal, direct debtor or cash on delivery. To secure the credit risk, the seller reserves the right to only make deliveries against limited payment versions, depending on the result of a credit check performed.
(3) If the parties agree on advance payment or, as far as this is offered, PayPal, the invoiced amount shall be due at once upon conclusion of the contract.
(4) From an order value of EUR 50.00 (excl. VAT) onwards, shipping within Germany shall be free of charge. Up to that total, a shipping flat-rate of EUR 6.00 plus statutory VAT will be charged within Germany. For shipments of hazardous goods, a hazardous goods surcharge of EUR 7.50 plus statutory VAT will be charged, independently of the net ordered value of the goods.
(5) If the parties agreed the payment type "Invoice", the invoiced amount shall be due for payment within ten days at receipt of the invoice and shall be payable without any deduction. Receipt by the seller shall be relevant for the date of payment. Cheques shall only be deemed payment upon redemption. If the Customer does not pay within twenty-one days after receipt of the invoice, it shall enter default without any reminder being required for this. The purchasing price shall bear interest at 9 percentage points above the base interest rate during default. We reserve the right to assert further default damage.
(6) Off-setting against the Customer's counter-claims or retention of payments due to such claims shall only be permitted as far as the counter-claims are undisputed or have been finally determined. In case of defects of the delivery, the counter-rights of the Customer shall not be affected.
§ 9 Warranty at claims from defects
(1) The warranty period shall be one year from the time of delivery or, as far as acceptance is required, from the time of acceptance.
(2) If the customer is a merchant, the delivery objects must be examined with care without undue delay after delivery to the Customer or the third party stipulated by it. They are deemed approved if the customer does not submit a complaint for obvious defects or other defects that were recognisable at careful examination performed without undue delay within seven working days of delivery of the delivery object, or otherwise within seven days of discovery of the defect, or any earlier time at which the defect was recognisable for the customer during regular use of the delivery object without any more detailed examination. A complaint about defects must be sent to the contracting partner in writing. Compliance with the deadline shall be determined by the time of dispatch.
(3) In case of defects of material of the delivery objects, the seller shall be obligated and entitled to perform improvement or to make a replacement delivery at first at its choice, to be declared within an appropriate period of time. Repair or replacement delivery shall not extend the warranty or guarantee period. The original purchasing data shall be relevant.
(4) In case of failure, i.e. if improvement or replacement delivery is impossible, unreasonable, refused or inappropriately delayed, the customer may withdraw from the contract or reduce the purchasing price appropriately.
(5) A delivery of used objects agreed with the Customer in an exception shall be subject to exclusion of any warranty for defects of material.
(6) If a defect is due to the seller's fault, the customer may demand damages subject to the prerequisites specified in § 10.
The statutory special provisions at final delivery of the goods to a consumer shall not be affected in any case (supplier recourse in accordance with §§ 478, 479 German Civil Code).
(7) Transferring warranty entitlements to third parties is prohibited.
§ 10 Liability
(1) The seller shall not be liable in case of simple negligence of its committees, legal representatives, employees or other vicarious agents, as far as the violation does not affect any obligations that are essential for the contract. Obligations essential for the contract are the obligation to timely delivery and installation of the delivery object, its freeness from defects that impair its function or suitability for use more than inessentially, as well as any consulting, protection and custody obligations that are to enable the client to use the delivery object according to the contract, or that are targeted at the protection of life or limb of the client's personnel or protection of its property from considerable damage.
(2) As far as the seller is liable for damages based on the merits in accordance with the above provisions, this liability shall be limited to damage that the seller foresaw as a potential consequence of violation of the contract at the time of its conclusion, or that it should have foreseen if applying common diligence. Indirect damage and consequential damage that is the consequence of defects of the delivery object shall also only be reimbursable if such damage is typically expected from the intended use of the delivery object.
(3) The above exclusions and restrictions of liability shall apply at the same scope to the benefit of the committees, legal representatives, employees and other vicarious agents of the seller.
(4) The above exclusions and restrictions of liability shall not apply to liability of the seller due to wilful or grossly negligent conduct, as far as the seller has maliciously concealed a defect, for guaranteed properties, due to violation of life, body or health or under the Product Liability Act (Produkthaftungsgesetz).
§ 11 Place of fulfilment, court of jurisdiction and legal system
(1) It the client is a merchant, a legal entity of public law or a public-law special fund, or if it has no general place of jurisdiction in the Federal Republic of Germany, the place of performance for delivery and payment and the place of jurisdiction shall be Neuss; it is also entitled to raise a claim at the registered office or a branch of the purchaser.
(2) If the purchaser does not have a general place of jurisdiction in the country, or if it moves its branch or habitual residence from the jurisdiction of the Federal Republic of Germany, the location of our registered office shall be the place of jurisdiction. This shall also apply if the branch or the habitual residence of the purchaser is unknown at the time of filing of the complaint.
(3) The law of the Federal Republic of Germany shall apply. The convention of the United Nations on contracts for the international sale of goods from 11 April 1980 (CISG) shall not apply.
Meerbusch, January 2020