1. Scope of application
The following T&Cs shall apply to all orders placed via our online shop by consumers and businesses.
A consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be assigned to their commercial or independent professional activity. A business is a natural or legal person or legal partnership that exercises its commercial or independent professional activity when concluding a legal transaction.
For businesses, these T&C shall also apply to future business relationships without us having to remind you of them again. If the business uses contradictory or additional General Terms & Conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.
2. Contractual partner, contract conclusion
The purchase agreement is concluded with KW Energie GmbH & Co. KG.
By placing the products in the online shop, we are making a binding offer to enter into a contract for these items. You can initially place our products in the shopping basket without any commitment and correct the input information at any time prior to sending your binding order by using the correction assistance provided and explained in the order process. The contract is concluded when you accept the offer for the goods in your shopping basket by clicking on the order button. As soon as you have sent the order you will receive an e-mail confirmation.
3. Contract language, storage of contract text
The language available for concluding the contract is German.
We shall save the contract text and send you the order data and our T&Cs via e-mail. You can view the contract text in our customer log-in section.
4. Conditions of delivery
In addition to the stated product prices there are also dispatch costs. Further details of the dispatch costs can be found with the offers.
We only deliver via dispatch. Collection is unfortunately not possible. We do not deliver to package stations.
5. Payment
PayPal
During the order process, you will be directed to the website of the online provider PayPal. To be able to pay the invoice amount via PayPal, you must already be registered there or register for the first time, confirm your identity with your access data and confirm the payment instruction to us. Once you have placed the order in our shop, we will ask PayPal to initiate the payment transaction.
PayPay automatically executes the payment transaction immediately afterwards. You will receive further information during the order process.
Instant transfer
After placing your order, you will be redirected to the website of the “instant transfer” online provider. To be able to pay the invoice amount via instant transfer, you must have an online banking account with a PIN/TAN procedure that has been activated for instant transfers, prove your identity accordingly and confirm the payment instruction to us. You will receive further information during the order process. The instant transfer provider executes the payment transaction immediately afterwards and your account will be debited.
Invoice
You pay the invoice amount after receiving the goods and invoice via transfer to our bank account. We reserve the right only to offer purchase on account after a successful credit check.
6. Retention of title
The goods shall remain our property until payment has been made in full.
The following also applies to businesses: we shall retain ownership of the goods until we have received payment in full of all receivables from our ongoing business relationship. You may resell the reserved goods in the course of ordinary business; you shall assign in advance to us all receivables resulting from this resale – irrespective of any combining or mixing of the reserved goods with a new item – to the value of the invoice amount, and we shall accept this assignment. You remain authorised to collect the receivables; however, we may also collect them ourselves if you fail to meet your payment obligations.
7. Transport damage
For businesses:
The risk of accidental destruction and accidental deterioration shall be transferred to you as soon as we have handed over the item to the forwarding agent, delivery agent or other person or institution assigned the task of dispatching it. Among business persons, the obligation to inspect and give notification of defects as per Section 377 of the German Commercial Code (HGB) shall apply. If you fail to give such notice, the item shall be deemed to have been accepted, unless the defect was not apparent during the investigation. This shall not apply if we have fraudulently concealed a defect.
8. Warranty and guarantees
Unless expressly agreed otherwise below, statutory warranty rights shall apply. For consumers, the limitation period for claims arising from defects in used items is one year from delivery of the goods.
For businesses, the limitation period for claims arising from defects is one year from the transfer of risk; statutory limitation periods for recourse claims as per Section 478 of the German Civil Code (BGB) shall remain unaffected.
For businesses, only our own information and the manufacturer’s product descriptions included in the contract shall apply as an agreement on the quality of the goods; we shall not assume any liability for any public statements or other advertising messages made by the manufacturer.
If the delivered item is defective, we shall initially meet our guarantee towards businesses by choosing to rectify the defect (rectification) or deliver a defect-free item (replacement).
The aforementioned restrictions and reduction in deadlines shall not apply to claims based on damage caused by us, our legal representatives or agents
in the event of injury to life, body or health;
in the event of willful or grossly negligent breach of obligations or fraudulent intent;
in the event of breach of significant contractual obligations that must be fulfilled to enable proper execution of the contract, and where the contractual partner can regularly rely on compliance with these obligations (cardinal obligations);
in the framework of a guarantee promise, if agreed; or
if the scope of application for the Product Liability Act has been established.
Information on any additional guarantees and their precise conditions can be found alongside the product and on special information pages in the online shop.
Customer service: if you have any questions, or wish to file any claims or complaints, our customer service department can be reached on working days from 7:00 a.m. to 4:00 p.m. via telephone (+49 (0)9179 96434-13) and email (service@kwenergie.de)
9. Liability
For claims based on damage caused by us, our legal representatives or agents, we shall assume all liability
in the event of injury to life, body or health;
in the event of willful or grossly negligent breach of obligations;
in the framework of a guarantee promise, if agreed; or
if the scope of application for the Product Liability Act has been established.
In the event of breach of significant contractual obligations that must be fulfilled to enable proper execution of the contract, and where the contractual partner can regularly rely on compliance with these obligations (cardinal obligations), through minor negligence by us, our legal representatives or agents, liability is limited to the amount of the damage foreseeable when concluding the contract that must typically be expected to arise. Otherwise, claims for compensation shall be excluded.
10. Dispute resolution
The European Commission provides a platform for online dispute resolution, which can be found here: https://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform for settling their disputes.
To resolve disputes arising from a contractual relationship with a consumer or connected with establishing whether such a contractual relationship even exists, we are obligated to participate in dispute resolution proceedings in front of a consumer arbitration board. This lies within the responsibility of the General Consumer Arbitration Board at the Centre for Arbitration, Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de. We will participate in dispute resolution proceedings in front of this authority.
11. Closing provisions
If you are a business, German law excluding the UN Convention on Contracts for the International Sale of Goods shall apply.
If you are a merchant in the sense of the Commercial Code, a legal entity under public law or a special fund under public law, the sole place of jurisdiction for all disputes arising from contractual relationships between you and us shall be our registered place of business.
T&Cs created with the Trusted Shops legal copywriters in cooperation with Wilde Beuger Solmecke Rechtsanwälte.