Conditions
1. Scope
The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; They only become part of the contract if we have expressly agreed to this.
2. Contractual partner, conclusion of contract, correction options
The purchase contract is concluded with NeueEnergie24 GmbH.
The presentation of the products in the online shop does not represent a legally binding offer, but rather a non-binding online catalog. You can first place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the information provided for this in the ordering process and use the correction aids explained. By clicking the order button, you are making a binding offer for the goods contained in your shopping cart. Confirmation of receipt of your order will be sent by email immediately after you submit the order.
We will accept your offer within two days
we issue a declaration of acceptance in a separate email or
- if necessary, the payment transaction through our service provider or
- carried out by the selected payment service provider. The time when the payment transaction is carried out depends on the payment method selected (see under “Payment”).
The alternative that is relevant to you depends on which of the listed events occurs first.
3. Contract language, contract text storage
The language(s) available for concluding the contract: German
We save the contract text and send you the order data and our general terms and conditions in text form. You can view the contract text in our customer login.
4. Delivery conditions
We deliver free shipping from 39 euros, except for freight forwarding goods. Forwarding shipping (depending on the desired item) is charged at a flat rate of 99 euros.
In principle, you have the option of collecting the goods from NeueEnergie24 GmbH, Herrnstraße 10, access via Thüngersheimer Straße 50a, 97209 Veitshöchheim, Germany during the business hours specified below: by telephone or written agreement.
We do not deliver to packing stations.
5. Payment
The following payment methods are generally available to you in our shop:
Payment in advance
If you choose the advance payment method, we will give you our bank details in a separate email and deliver the goods after receipt of payment.
PayPal
In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal and authenticate yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further information during the ordering process.
PayPal can offer registered PayPal customers selected according to their own criteria additional payment options in the customer account. However, we have no influence on offering these modalities; Further individually offered payment modalities concern your legal relationship with PayPal. Please see your PayPal account for more information.
Cash on pickup
You pay the invoice amount upon collection in cash or with EC/credit card.
6. Right of withdrawal
Consumers have the statutory right of cancellation, as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal. You must bear the costs of the return in accordance with our cancellation policy.
Consequences of revocation
In the event of an effective revocation, the services received by both parties must be returned and, if necessary, any benefits derived (e.g. interest). If you are unable to return or return the received service and benefits (e.g. usage advantages) or only partially or only in a deteriorated condition, you must pay us compensation in this respect. You only have to pay compensation for the deterioration of the item and for any use made if the use or deterioration is due to handling of the item that goes beyond checking the properties and functionality. “Testing the properties and functionality” means testing and trying out the respective goods, as is possible and usual in a store.
7. Retention of title
The goods remain our property until full payment.
The following also applies to entrepreneurs: We reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. Transport damage
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the freight carrier or the other person or institution designated to carry out the shipment.
9. Warranty and guarantees
9.1 Liability for defects
Unless expressly agreed otherwise below, the statutory liability law applies.
The following restrictions and shortened deadlines do not apply to claims due to damage caused by us, our legal representatives or vicarious agents
- in case of injury to life, body or health
- in the event of intentional or grossly negligent breach of duty or fraud
- in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely (cardinal obligations)
- as part of a guarantee promise, if agreed, or
- as far as the scope of application of the Product Liability Act is opened.
Restrictions on entrepreneurs
For entrepreneurs, only our own information and the manufacturer's product descriptions, which were included in the contract, are deemed to be an agreement regarding the quality of the goods; We assume no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk.
The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
Regulations towards merchants
The obligation to inspect and report complaints regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you fail to make the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.
9.2 Warranties and Customer Service
Information about any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
10. Liability
We always have unlimited liability for claims due to damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, body or health,
- in the event of intentional or grossly negligent breach of duty,
- in the case of guarantee promises, if agreed, or
- as far as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely, (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount foreseeable at the time the contract was concluded Damage that typically has to be expected is limited.
Otherwise, claims for damages are excluded.
11. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here .
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
12. Final provisions
If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.