Terms and conditions
1. Scope
The following terms and conditions apply to all orders via our online shop by consumers and entrepreneurs.
Consumer is every natural person who concludes a legal transaction for purposes that can mostly be attributed to their commercial nor their independent professional activity. The entrepreneur is a natural or legal person or a legal partnership that acts in the exercise of their commercial or independent professional activity when the legal transaction is concluded.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or complementary general terms and conditions, their validity is hereby objected to; You only become part of the contract if we have expressly agreed.
2. Contract partner, conclusion of the contract, correction options
The purchase contract is concluded with NeueEnergie24 GmbH.
The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog. You can initially put our products into the shopping cart without obligation and correct your entries before sending your binding order at any time by using the correction aids provided and explained for this purpose. By clicking the order button, you submit a binding offer via the goods contained in the shopping cart. The confirmation of your order is confirmed by email immediately after the order has been sent.
We accept your offer within two days by
we submit a declaration of acceptance in separate email or
- if necessary, the payment transaction by our service provider or
- the selected payment service provider is carried out. The implementation time of the payment transaction depends on the selected payment method (see under "Payment").
The alternative relevant to them depends on the first of the events listed.
3. Contract language, contract text storage
The (s) language (s): German available for the conclusion of the contract
We save the contract text and send you the order data and our terms and conditions in text form. You can view the contract text in our customer login.
4. Delivery conditions
We deliver free of charge from 39 euros except freight forward goods. The freight forwarding (depending on the desired article) is charged with 99 euros.
You basically have the option of picking up NeueEnergie24 GmbH, Raiffeisenstr. 8, 97209 Veitshöchheim, Germany at the following business hours: according to the telephone or written agreement.
Deliveries to packing stations are generally not possible.
5. Payment
The following payment methods are generally available in our shop:
Prepayment
When selecting the payment method in advance, we give you our bank details in separate email and deliver the goods after receipt of payment.
PayPal
To the invoice amount about the payment service provider PayPal (Europe) S.à r.l. Et cie, s.c.a, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal") to be able to pay, you must be registered with PayPal, legitimize your access data and confirm the payment instructions. The payment transaction is carried out by PayPal immediately after the order was submitted. You can get further information in the ordering process.
PayPal can offer further payment modalities in the customer account selected and selected according to its own criteria. However, we have no influence on offering these modalities; Other individually offered payment modalities concern your legal relationship with PayPal. For more information, see your PayPal account.
Cash on pickup
You pay the invoice amount when picking up cash or with EC/credit card.
6. Right of withdrawal
Consumers are entitled to the legal right of withdrawal, as described in the cancellation policy. No voluntary right of withdrawal is granted entrepreneurs. The costs of the return are to be borne by you according to our cancellation policy.
Revocation consequences
In the event of an effective revocation, the services received on both sides must be returned and, if necessary, drawn uses (e.g. interest). If you cannot return to us the received performance and uses (e.g. advantages of use) or sometimes not or only in a deteriorated state, you must make us value replacement in this respect. For the deterioration of the item and for drawn uses, you only have to do value replacement if the uses or the deterioration is due to a handling of the matter that goes beyond checking the properties and functionality. "Checking the properties and functioning" is understood to test and try out the respective goods, as is possible and common in the retail store.
7. Removal of title
The goods remain our property until full payment.
In addition, the following applies to entrepreneurs: We reserve ownership of the goods until all claims from an ongoing business relationship are completely paid. You can resell the goods subject to retention of title in the ordinary business company; All claims arising from this resale - regardless of a connection or mixing of the reserved goods with a new item - will take place in advance in advance in the amount of the invoice amount, and we accept this assignment. They remain authorized to collect the claims, but we can also collect claims ourselves if they do not meet their payment obligations. At your request, we will release the collateral due to our desire as the realizable value of the collateral exceeds the value of the open claims by more than 10 %.
8. Transport damage
The following applies to entrepreneurs: The risk of random loss and the random deterioration passes to you as soon as we have delivered the matter to the freight forwarder, the carrier or the person otherwise designed to carry out the dispatch.
9. Warranty and guarantees
9.1 Liability of the defect
Unless expressly agreed differently below, the statutory right to defect applies.
The following restrictions and deadline reductions do not apply to claims due to damage caused by us, our legal representatives or vicarious agents
- in the event of violation of life, body or health
- In the event of intentional or grossly negligent breach of duty as well as malice
- In the event of violation of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and that the contractual partner can regularly trust (cardinal obligations)
- As part of a guarantee promise, if agreed, or
- as far as the scope of the Product Liability Act is opened.
Restrictions to entrepreneurs
Compared to entrepreneurs, only our own information and product descriptions of the manufacturer, which have been included in the contract, are considered an agreement on the nature of the goods; We assume no liability for public statements from the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from a transfer of danger.
The statutory limitation periods for the right to recourse according to § 445a BGB remain unaffected.
Regulations to merchants
Among merchants, the examination and notification obligation regulated in § 377 HGB applies. If you fail to do so, the goods are considered approved, unless it is a defect that was not recognizable during the examination. This does not apply if we have a lack of default.
9.2 guarantees and customer service
You can find information on the applicable additional guarantees and their exact conditions for the product and on special information pages in the online shop.
10. Liability
For claims due to damage caused by us, our legal representatives or vicarious agents, we are always indefinitely liable
- In the event of violation of life, body or health,
- In the event of intentional or grossly negligent breach of duty,
- In the event of guarantee promises, if agreed, or
- as far as the scope of the Product Liability Act is opened.
In the event of a violation of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and that the contractual partner can regularly trust, (cardinal obligations) by mild negligence by us, our legal representatives or vicarious agents is limited to the liability for predictable damage when the contract is concluded, with which it must typically be calculated.
In addition, claims for compensation are excluded.
11. Dispute settlement
The European Commission provides a platform for online dispute resolution (OS) that it here find.
We are not obliged to participate in a dispute settlement procedure in front of a consumer arbitration board.
12. Final provisions
If you are a merchant within the meaning of the Commercial Code, legal entity under public law or special funds under public law, our business is exclusive for all disputes from contractual relationships between us and you.