Terms and Conditions

1. Scope

These Terms and Conditions apply to all orders placed by consumers and traders through our online shop.

A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly either to their commercial or to their self-employed professional activity. A trader 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 self-employed professional activity.

With regard to traders, the following applies: if the trader uses conflicting or supplementary general terms and conditions, we hereby object to their application; they only become part of the contract if we have expressly agreed to them.

2. Contracting party, conclusion of contract, options for correcting errors

The purchase contract is concluded with NeueEnergie24 GmbH.

The presentation of the products in the online shop does not constitute a legally binding offer but a non-binding online catalogue. You can first place our products in the cart without obligation and correct your entries at any time before submitting your binding order, using the correction tools provided and explained in the order process. By clicking the order button, you submit a binding offer for the goods contained in the cart. Receipt of your order is confirmed by e-mail immediately after you submit the order.

We accept your offer within two days by

sending a declaration of acceptance in a separate e-mail, or

• where applicable, having the payment transaction carried out by our service provider or
• the selected payment service provider. The time at which the payment transaction is carried out depends on the payment method selected (see "Payment" below).

The alternative that applies to you depends on which of the listed events occurs first.

3. Contract language, storage of the contract text

Language(s) available for concluding the contract: German

We store the contract text and send you the order data and our Terms and Conditions in text form. You can view the contract text in your customer login.

4. Delivery terms

We deliver free of shipping costs from 39 euros, except for freight shipments (forwarder). Freight shipping (depending on the article chosen) is charged at a flat rate of 99 euros.

In principle, you have the option of collecting your order from NeueEnergie24 GmbH, Raiffeisenstr. 8, 97209 Veitshöchheim, Germany, during the following business hours: by telephone or written arrangement.

Deliveries to parcel lockers (Packstationen) are generally not possible.

5. Payment

The following payment methods are generally available in our shop:

Advance payment

If you select advance payment, we will send you our bank details in a separate e-mail and ship the goods after receipt of payment.

PayPal

To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, identify yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further information during the order process.

PayPal may offer registered PayPal customers, selected according to its own criteria, additional payment options in their customer account. However, we have no influence on the offering of these options; any additional individually offered payment options concern your legal relationship with PayPal. You will find further information on this in your PayPal account.

Cash payment on collection

You pay the invoice amount in cash or by debit/credit card on collection.

6. Right of withdrawal

Consumers have the statutory right of withdrawal as described in the right of withdrawal information. Traders are not granted a voluntary right of withdrawal. The costs of returning the goods are to be borne by you in accordance with our right of withdrawal information.

Consequences of withdrawal

In the event of a valid withdrawal, the performances received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If you cannot return or surrender to us the performance received and benefits derived (e.g. benefits of use), or can do so only in part or only in a deteriorated condition, you must compensate us for their value to that extent. You must compensate for the deterioration of the item and for benefits derived only to the extent that the use or the deterioration is attributable to handling of the item that goes beyond examining its properties and functioning. "Examining the properties and functioning" means testing and trying out the respective goods as would be possible and customary in a retail store.

7. Retention of title

The goods remain our property until full payment has been made.

The following additionally applies to traders: We retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you hereby assign to us in advance all claims arising from this resale up to the amount of the invoice – irrespective of any combination or mixing of the goods subject to retention of title with a new item – and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. At your request, we will release the securities to which we are entitled to the extent that their realisable value exceeds the value of the outstanding claims by more than 10%.

8. Transport damage

The following applies to traders: the risk of accidental loss and accidental deterioration passes to you as soon as we have handed the item over to the forwarder, the carrier or the other person or institution designated to carry out the shipment.

9. Statutory warranty and guarantees
9.1 Statutory warranty rights
Unless expressly agreed otherwise below, the statutory warranty rights (liability for defects) apply.

The following limitations and shortened periods do not apply to claims arising from damage caused by us, our legal representatives or vicarious agents

• in the case of injury to life, body or health,
• in the case of intentional or grossly negligent breach of duty and fraudulent concealment,
• in the case of breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on whose observance the contracting party may regularly rely (cardinal obligations),
• within the scope of a guarantee, where one has been agreed, or
• where the scope of application of the Product Liability Act (Produkthaftungsgesetz) is opened.

Restrictions with regard to traders

With regard to traders, only our own statements and the manufacturer's product descriptions that have been included in the contract count as an agreement on the quality of the goods; we accept no liability for public statements by the manufacturer or other advertising statements. For traders, 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 under § 445a BGB (German Civil Code) remain unaffected.

Provisions with regard to merchants

Between merchants, the duty to inspect the goods and give notice of defects regulated in § 377 HGB (German Commercial Code) applies. If you fail to give the notice regulated there, the goods are deemed to have been approved, unless the defect was not discernible during the inspection. This does not apply if we have fraudulently concealed a defect.

9.2 Guarantees and customer service

Information on any additional guarantees that may apply and their exact conditions can be found with the respective product and on special information pages in the online shop.

10. Liability

We are always liable without limitation for claims arising from damage caused by us, our legal representatives or vicarious agents

• in the case of injury to life, body or health,
• in the case of intentional or grossly negligent breach of duty,
• in the case of guarantee promises, where agreed, or
• where the scope of application of the Product Liability Act (Produkthaftungsgesetz) is opened.

In the case of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on whose observance the contracting party may regularly rely (cardinal obligations), through slight negligence on the part of us, our legal representatives or vicarious agents, our liability is limited in amount to the foreseeable damage typical for this type of contract at the time the contract was concluded.

Otherwise, claims for damages are excluded.

11. Dispute resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
12. Final provisions

If you are a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch), 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 registered office.