The following terms and conditions apply to all orders via our online store by consumers and companies.
A consumer is any physical person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity can be attributed. Company is a physical person or legal entity or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.
In relation to companies, these General Terms and Conditions shall also apply to future business relations without us having to refer to them again. If the company uses conflicting or supplementary General Terms and Conditions of Business, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
2. Contract Partner, Conclusion of Contract
The sales contract is concluded with Photovoltaik Haertel GmbH.
The presentation of the products in the online store is not a legally binding offer, but a non-binding online catalog. You can put our products into your shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. By clicking on the order button, you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order is sent by e-mail immediately after sending the order.
When the contract with us is concluded depends on the payment method you have chosen:
Advance payment / Banktransfer
We accept your order by sending you a declaration of acceptance in a separate e-mail within two days, in which we provide you with our bank details.
Within the payment service PayPal Plus we offer you different payment methods as PayPal Services. After placing your order you will be redirected to the website of the online provider PayPal. There you can enter your payment data and confirm the payment order to PayPal. Thereby the contract with us is concluded.
3. Contract language, Storage of contract text
The language available for the conclusion of the contract is German. We will provide a translation to English, which is non-binding for us.
We save the text of the contract and send you the order data and our terms and conditions by e-mail. You can view the contract text in our customer login.
4. Delivery Conditions
Shipping costs are added to the indicated product prices. You can find out more about the amount of the shipping costs in the offers.
In principle, you have the possibility of picking up your order at Photovoltaik Härtel GmbH, Gartenstr. 5, 71106 Magstadt, Germany during the following business hours: Monday to Saturday from 8:00 to 19:00 CET/CEST by prior appointment except on public holidays. Please inform us at least two working days before your pick up so that we can make the goods available.
We do not deliver to parcel hubs.
In our store you can choose between the following payment methods:
Advance Payment / Banktransfer
If you choose the payment method prepayment, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.
Within the payment service PayPal Plus we offer you different payment methods as PayPal Services. You will be forwarded to the website of the online provider PayPal. There you can enter your payment data, confirm the use of your data by PayPal and the payment instruction to PayPal.
If you have chosen the payment method PayPal, you must be registered there or register first and legitimize with your access data in order to pay the invoice amount. The payment transaction will be automatically processed by PayPal immediately after confirmation of the payment order. You will receive further instructions during the ordering process.
If you have chosen the credit card payment method, you do not need to be registered with PayPal to be able to pay the invoice amount. Immediately after confirmation of the payment instruction and after your legitimation as the rightful cardholder, the payment transaction will be carried out by your credit card company at the request of PayPal and your card will be charged. You will receive further instructions during the ordering process.
6. Offsetting and rights of retention
The customer shall only be entitled to offsetting if his claims have been legally established or are undisputed. The orderer is also entitled to offset against our claims if he asserts notices of defects or counterclaims from the same purchase contract. The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
7. Delivery Time
- Unless an expressly binding delivery date has been agreed, our delivery dates or delivery periods are exclusively non-binding statements.
- The beginning of the delivery time stated by us presupposes the timely and proper fulfilment of the obligations of the customer. We reserve the right to raise the defence of non-performance of the contract.
- 52 weeks after exceeding a non-binding delivery date/delivery period, the customer may request us in writing to deliver within a reasonable period of time. If we culpably fail to comply with an express delivery date/delivery period or if we are in default for other reasons, the customer must set us a reasonable period of grace to effect performance. If we allow the grace period to elapse fruitlessly, the customer shall be entitled to withdraw from the purchase contract.
- If the customer is in default of acceptance or if he culpably violates other obligations to cooperate, we shall be entitled to demand compensation for the damage incurred by us as a result, including any additional expenses. We reserve the right to assert further claims. For his part, the customer shall be entitled to prove that no damage at all or at least substantially less damage has been incurred in the amount demanded. The risk of accidental loss or accidental deterioration of the object of purchase shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor’s delay.
- Further statutory claims and rights of the customer due to a delay in delivery shall remain unaffected.
8. Retention of Title
- We reserve the right of ownership of the delivered item until all claims arising from the delivery contract have been paid in full.
- As long as the ownership has not yet been transferred to the customer, the customer is obliged to treat the purchased item with care. In particular, he is obliged to insure it sufficiently at his own expense against theft, fire and water damage at replacement value (note: only permissible when selling high-value goods). If maintenance and inspection work has to be carried out, the customer must carry this out in good time at his own expense. As long as ownership has not yet been transferred, the customer must inform us immediately in text form if the delivered item is seized or exposed to other interventions by third parties. Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of an action pursuant to § 771 ZPO, the customer shall be liable for the loss incurred by us. The treatment, processing or transformation of the purchased goods by the customer shall always be carried out in our name and on our behalf. In this case, the expectant right of the customer to the object of purchase shall continue in the transformed object. If the purchased item is processed with other objects not belonging to us, we shall acquire co-ownership of the new item in the ratio of the objective value of our purchased item to the other processed objects at the time of processing. The same applies in the event of mixing. If the mixing is carried out in such a way that the customer’s item is to be regarded as the main item, it shall be deemed agreed that the customer shall transfer proportional co-ownership to us and shall keep the sole ownership or co-ownership thus created for us. In order to secure our claims against the customer, the customer shall also assign to us such claims which accrue to him against a third party through the connection of the reserved goods with a property; we hereby already accept this assignment.
We undertake to release the securities to which we are entitled at the request of the customer if their value exceeds the claims to be secured by more than 20%.
9. Transportation Damages
If goods with obvious transport damages are delivered, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance company.
10. Warranty and notice of defects
- Insofar as the information contained in our brochures, advertisements and other offer documents has not been expressly designated by us as binding, the illustrations or drawings contained therein are only approximate,
- If the delivered item does not have the quality agreed between the customer and us or if it is not suitable for the use presupposed according to our contract or the use in general or if it does not have the properties which the customer could expect according to our public statements, we are obliged to supplementary performance. this does not apply if we are entitled to refuse supplementary performance on the basis of the statutory regulations.
- The customer shall first have the choice whether the subsequent performance shall be effected by repair or replacement. We are, however, entitled to refuse the type of subsequent performance chosen by the customer if it is only possible at disproportionate cost and the other type of subsequent performance does not involve significant disadvantages for the customer. During the subsequent performance, the reduction of the purchase price or the withdrawal from the contract by the orderer is excluded. A rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless something else arises in particular from the nature of the item or the defect or the other circumstances. If the subsequent performance has failed or if we have refused subsequent performance altogether, the customer may, at his discretion, demand a reduction of the purchase price (abatement) or declare his withdrawal from the contract.
- The customer can only assert claims for damages on the following conditions due to the defect if the subsequent performance has failed or we have refused subsequent performance. The right of the customer to assert further claims for damages under the following conditions remains unaffected.
- Notwithstanding the above provisions and the following limitations of liability, we shall be liable without limitation for damage to life, body and health resulting from a negligent or intentional breach of duty by our legal representatives or our vicarious agents, as well as for damage covered by liability under the German Product Liability Act, and for all damage resulting from intentional or grossly negligent breaches of contract and fraudulent intent by our legal representatives or our vicarious agents. As far as we have given a guarantee of quality and/or durability with regard to the goods or parts thereof, we are also liable within the scope of this guarantee. However, we shall only be liable for damages which are based on the absence of the guaranteed quality or durability but which do not directly affect the goods if the risk of such damage is obviously covered by the quality and durability guarantee.
- We shall also be liable for damages caused by simple negligence insofar as this negligence concerns the violation of such contractual obligations, the observance of which is of particular importance for the achievement of the purpose of the contract (cardinal obligations). However, we shall only be liable to the extent that the damages are typically associated with the contract and are foreseeable. We shall not be liable for simple negligent breaches of secondary obligations not essential to the contract. The limitations of liability contained in sentences 1 – 3 shall also apply insofar as the liability of legal representatives, executive employees and other vicarious agents is affected.
- Any further liability is excluded regardless of the legal nature of the asserted claim. Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.
- The warranty period is 2 years, calculated from the transfer of risk. This period also applies to claims for compensation for consequential damage caused by a defect, provided that no claims in tort are asserted.
Guarantees are voluntary benefits. Information about any additional guarantiees that may apply and their exact terms and conditions can be found with the product and on special information pages in the online store.
This contract and the entire legal relations between the parties are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
Should individual clauses of this contract be or become invalid or contain a loophole, the remaining provisions shall remain unaffected.
13. Dispute Resolution
The European Commission provides an online dispute resolution (OS) platform, which you can find here https://ec.europa.eu/consumers/odr/.
We are prepared to participate in an out-of-court conciliation procedure before a consumer conciliation body.
Responsible is the general consumer conciliation board of the center for conciliation registered association, Strassburger road 8, 77694 Kehl am Rhein, Germany, www.verbraucher-schlichter.de.