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§ 1 Validity
(1) These General Terms and Conditions of the Worldenergy Solutions UG (haftungsbeschränkt) (hereinafter called “Seller”) apply to all contracts concluded by the Purchaser with the Seller with regards to products and/or services provided in the online store of the Seller using individual means of telecommunication (e. g. phone, email, order
form, fax) excluding the online order form. The inclusion of any terms and conditions of the purchaser is explicitly excluded, unless otherwise agreed.
(2) Customers in the sense of point 1.1 are consumers, but also businesspersons, whereas a consumer is a natural person concluding a legal transaction for a purpose which cannot be allocated neither to its commercial or independent professional activity. A businessperson, by contrast, is a natural or legal person or joint partnership concluding a legal transaction in exercise of its independent professional or commercial activity.
§ 2 Conclusion of Contract
(1) The product presentations provided in the online store of the Seller do not constitute binding offers on the part of the Seller, but rather an invitation to the customer to make a binding offer.
(2) In the event of orders via the online store, the customer can make the offer by phone, in writing, by fax, by email, or by the online order form integrated in the Seller’s online store. In the event of an order via the online order form, the customer, after entering its personal data and clicking on the button “Order now” in the final step of the order process, provides a binding contractual offer with regards to the goods contained in the shopping cart.
(3) The seller can accept the customer’s offer by a written (letter) or electronically transmitted (fax or email) order confirmation, or by delivery of the goods within five days. The Seller is entitled to refuse the acceptance of the order.
(4) In the event of orders via the online store, order processing and contact are usually performed by email and automatic order processing. The customer shall ensure that the email address provided by it for the processing of the order is correct and that emails sent to this address by the Seller will be received. Particularly when using SPAM filters the customer shall ensure that all emails sent by the Seller or a third party assigned by the Seller with the processing of the order will be received.
(1) Consent and responsibility
By processing your personal data and in keeping with its privacy, we are preparing content that could match your user preferences. Worldenergy Solutions UG uses your personal data only for the purposes for which it is collected. By accepting these "Terms and Conditions", you agree to share your personal information with Worldenergy Solutions UG partners who are directly related to your orders and their performance (courier companies, payment platforms - ePay, PayPal, bitPay, banks).
Smart House Europe Ltd. is responsible for the personal data that it collects. The security of the site is guaranteed by modern technical means against loss, destruction, penetration, modification or dissemination of data by unauthorized persons.
(2) Your rights in relation to personal data collected
By registering on the site, you have the following rights:
These options are available from your site's personal profile settings.
(3) Personal data that we collect and process
You may contact us by phone, e-mail, or company mailing address if you have questions about your personal data collected and the way we process them.
§ 4 Return Costs when Exercising the Right of Revocation
The customers have the right to withdraw within fourteen days without giving any reason this contract. Upon exercise of the Right of Revocation the customer shall bear the direct cost of returning the goods.
§ 5 Prices and Payment Terms
(1)The prices at the online store are current for the moment and the seller has the right to change them without notification.
(2) In the event of orders at the online store all stated prices are end prices, i.e. including all price components including German value added tax. Possible arising costs for delivery and shipping are stated separately with the relevant product presentation in the offer.
(3) For deliveries within Germany the Seller offers the following payment methods, unless otherwise stated in the relevant product presentation in the offer: prepayment -by bank transfer, or paypal.
(4) If the relevant product is additionally offered for delivery abroad, the customer has the following payment methods, unless otherwise stated in the relevant product presentation in the offer: prepayment by bank transfer, or paypal .
(5) In the event of delivery to countries outside the European Union, other costs may arise, e. g. tax and/or charges, e. g. custom duties.
(6) If prepayment was agreed, payment is due immediately after the conclusion of contract.
(7) The customer is only entitled to offset if the counterclaim is undisputed, determined without further legal recourse or acknowledged by the Seller.
(8) The customer is only entitled to exercise a right of retention, if the claims result from the same contractual relationship.
§ 6 Delivery and Shipping Terms
(1) The delivery of goods is effected regularly by shipment and to the address indicated by the customer. During the processing of the transaction, the delivery address indicated in the order processing of the Seller is authoritative.
(2) If a delivery to the customer is not possible, the assigned transport company will send the goods back to the Seller, in which case the customer has to bear the costs for the unsuccessful delivery. This does not apply if the customer was temporarily impeded from the acceptance of the offered service, unless the Seller has announced the service a reasonable time in advance or if the customer by this means exercises its right of retention.
(3) When the goods are delivered, the customers have to check the contents against the delivery note and ensure there are no transport damages. If the contents are not correct or any transport damage has occurred, the customer must make a note of this on the delivery note, and inform the Seller as soon as possible. Otherwise the claim will be not recognized.
(4) Towards a businessperson, the validity of all stipulated delivery times shall be subject to the correct and timely delivery to the Seller in cases, in which the Seller has concluded a concrete hedging transaction and is not responsible for the lacking availability.
(5) Towards a businessperson applies that in the case of a delay of the dispatch of the goods for reasons within the responsibility of the businessperson, the risk shall pass to the businessperson upon notification of the readiness for dispatch. Possible storage costs arising after the transfer of risk shall be borne by the businessperson.
§ 7 Retention of Title
All delivered goods shall remain the property of the Seller until complete payment.
§ 8 Liability for Defects
Should the purchased goods be defective, the statutory regulations apply. Hereof differing applies:
(1) For businesspersons:
- a negligible defect does not justify a claim for defects,
- the Seller shall have the choice of subsequent fulfilment,
- in the event of new goods, the period of limitation for defects amounts to one year from the transfer of risk,
- in the event of used goods, any rights and claims for defects are excluded,
- the period of limitation does not begin again after a replacement delivery within the scope of a liability for defects.
(2) For consumers the period of limitations for claims for defects is as follows:
- in the event of new goods two years from the delivery of the goods at the customer’s.
(3) For businesspersons and consumers applies that foregoing limitations of liability and limitation period in point 7.1 and point 7.2 do not refer to compensation claims and reimbursement of expenses claims that the purchaser can assert in accordance with the statutory regulations for defects subject to point 8.
(4) Furthermore, for businesspersons applies that the statutory limitation period for the recourse claim in accordance with § 478 BGB remains unaffected. Same applies for businesspersons and consumers in the event of deliberate infringement of obligations and fraudulent concealment of a defect.
(5) If the customer is a businessman in accordance with § 1 HGB, it is subject to the commercial obligation to investigate and give notice of defects in accordance with § 377 HGB. If the customer neglects the obligations to give notice specified there, the goods are considered approved.
(6) If the customer is a consumer, it is requested to file a claim to the delivery agent for goods with obvious transportation damage and to inform the Seller about that. If the customer fails to do so, this has no effect on its legal or contractual claim for defects.
(7) If the supplementary performance takes place in the form of compensation delivery, the customer is obliged to return the initially delivered goods within 30 days to the Seller at the costs of the latter. The return of effective goods must take place in accordance with the statutory regulations.
§ 9 Liability
(1) The Seller has unlimited liability on any legal ground in the event of injury of life, body or health, intent or gross negligence, fraud or promise of guarantee, and in the case of liability resulting from mandatory statutory regulations such as the Product Liability Act.
(2) As for the rest, the Seller is liable as follows, independent of the legal ground:
(2.1) Insofar as the Seller has violated negligently an essential contractual obligation (the so-called cardinal duty) the liability to pay for property damage is limited to the foreseeable typical average damage. Essential contractual obligations are obligations imposed to the Seller by contract, according to its content in order to obtain the purpose of the contract,
the fulfilment of which alone makes possible the proper execution of the contract, and on the compliance with which the customer may rely as a matter of course.
(2.2) If the Seller has negligently breached an insignificant contractual obligation, the obligation of replacement is limited to the order value.
§ 10 Applicable Law
(1) For all legal relations between the parties, the law of the Federal Republic of Germany applies under the exclusion of the laws regarding the international purchase of movable objects. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by imperative provisions of the law in the country in which the consumer usually resides.
(2) If the customer is a businessperson, legal entity under public law or a special fund established under public law, the sole place of jurisdiction for any disputes arising from the contract shall be the location of the Seller’s registered office. The same shall apply if the customer does not have a general place of jurisdiction in Germany or the EU, or the
customer’s domicile or usual residence is unknown at the point in time the action is commenced. The authority to submit the judgement to a different legal jurisdiction shall remain unaffected.
(3) Contractual language is German.
In the event of any doubt, only the German version of these General Terms and Conditions shall apply.
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Right of cancellation
(A consumer is any natural person who enters into a transaction for purposes which can be mainly attributed neither commercial nor their independent vocational activity.)
Conditions for cancellation
You have the right to cancel within fourteen days without giving any reason.The withdrawal period is fourteen days from the date in which you or a third party authorized by you, which is not the carrier, have taken physical possession of the goods.
To exercise your right of cancellation, you must contact us :
Worldenergy Solutions UG (haftungsbeschränkt),
Managing director Mr. Plamen Balev,
Frankfurter Allee 239, 10365 Berlin
Tel: +49 (0)30 76749551
by means of a clear explanation (e.g a consigned by post mail, fax or email) of your decision to withdraw from this contract, inform. You can sure use the attached cancellation form which is not mandatory, however.
In order to observe the revocation period it is sufficient for you to send the message about the right of withdrawal before the withdrawal deadline.
Effects of withdrawal
If you withdraw from this contract, we give you all the payments that we have received from you, and these will be repaid at the latest within fourteen days from the date on which the notice of you contract cancellation is received. For this repayment, we use the same method of payment that you used for the initial transaction, unless you explicitly agreed otherwise. In any case you will not be charged fees for this repayment.
We can refuse to pay for parcel goods until we have received the goods back again, or until you have demonstrated that you have returned the goods, whichever is the earlier. You have to return the package shippable goods promptly and in any event not later than fourteen days from the date on which you notify us of the cancellation of this contract to us or to pass. The deadline is met if you send the packet shippable goods before the expiry of the period of fourteen days.
You will bear the cost of returning the goods.
You need to pay for any diminished value of the goods, if the deterioration in value is due to a not necessary to ascertain the nature, characteristics and functioning of the goods dealing with them.
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General information on Returns
(1) Please, avoid damage of the product. Send the goods if possible in their original packaging with all accessories and with all packaging components to us. Use a protective outer packaging. If you don't have the original packaging, please provide a suitable package for adequate protection against damage in transit.
(2) We will refund the cost of postage when they are not to be borne by you.
(3) Already paid orders or refund claims will only be reimbursed if we know your bank details. For rapid processing, we ask you to submit it together with a covering letter.