General terms and conditions
The following General Terms and Conditions of trading also contain legal information on your rights according to the contracts in long-distance transactions and in the area of electronic business dealings for consumers.
The following General Terms and Conditions will apply to all services and are thus legally binding for the entire customer traffic of the Solarbayer GmbH. Deviating or aberrant conditions of the customer will not be accepted. Deviating agreements, conditions or supplements, as well as telephonic or word-to-mouth agreements are only obligatory when they are confirmed in a written form by the Solarbayer GmbH. The customer resigns his own conditions of purchase as long as he does not explicitly disagree in writing and therewith wishes special agreements. The General Terms and Conditions will also apply to contracts that will be concluded in the future between the Solarbayer GmbH and the customer.
2. Offers/ Offer documents
All offers of the Solarbayer GmbH are subject to change. All information and data given about weight, figures, descriptions, mounting proposals and designs in price lists and other printed documents are without obligations. The product range and technical devices are subject to change at all times. All documents and designs belonging to the products remain property of the Solarbayer GmbH.
3. Confirmation of Order
Orders, agreements, promise or the like, including the representatives of the Solarbayer GmbH and all employees require to be written down in order to be legally effective. Objections of confirmations have to be made immediately, but by no later than one week, in writing. Confirmed prices are only valid when accepting the confirmed quantity of goods. Sales prices offered in written form are considered as firm price when the customer immediately, but at the latest within 10 days, accepts the offer in writing and turns it into an order.
4. Prices and Terms of Payment
Payment for all orders is to be made per prepayment, cash on delivery or per remittance after receiving the invoice. The decision of the mode of payment rest on the Solarbayer GmbH. The outstanding money is immediately due if the purchaser has declared bankruptcy or insolvency or has entered a composition proceedings. Payments are immediately due after invoice receipt without any deduction, unless otherwise agreed. This also applies to partial shipment. The date of the payment receipt is decisive. The invoice amount is binding and includes packing, additional charges and delivery. The Solarbayer GmbH will retain title to all goods supplied by it until full payment of the amounts invoiced. All our prices include the legal VAT, unless indicated otherwise.
5. Delivery / Date of Delivery, Period of Delivery
Delivery at account of the purchaser and at the risk of the Solarbayer GmbH. The delivery commitments are complied by the Solarbayer GmbH, as soon as the goods are delivered to the purchaser. The risk passes over to the purchaser with the receipt of the goods. The purchaser has to accept the goods at such a place in front of the delivery address, which is reasonably approachable with the vehicle, if free delivery is arranged. The choice of mode of transport is the responsibility of the Solarbayer GmbH. Delay in delivery and interference with performance of an obligation which is not the liability of the Solarbayer GmbH, especially in case of force majeure or other occasions, which complicate or impede delivery essentially or render them impossible (especially if resulting from strike, lock-out, official directives, default of our presuppliers, act of sovereignty, etc. even if concerning the Solarbayer GmbH or their subsuppliers), give us the right to postpone delivery for the duration of such occasion, extended for an adequate time to allow restarting business again or to terminate unfulfilled parts of the contract in part or partially. In case of extension of delivery times or ending of our delivery obligation according to aforementioned terms we will be deemed to be free of any further obligation; in particular the purchaser has no right to claim for damages, unless they are based on malicious intent or gross negligence of the Solarbayer GmbH or its legal representatives. All hidden transport damages will only be accepted when notified in between 24 hours after receipt of the goods. Damages will only be accepted when recorded on the transport documents and confirmed by the carrier of the transport company or by someone responsible for the delivery. We have to be informed immediately about damages; the proof of damages has to be secured by the purchaser. Delivery is obtained as soon as payment is received or after order. We reserve the right of partial delivery.
6. Packaging takeback (only within Germany)
?Subject to the obligations of the Packaging Ordinance Germany we are obliged to take back all packaging material of our products that is not marked as a part of a nationwide collection system, e.g. the Dual System (Duales System Deutschland AG). We take care of the recycling or the disposal of the packaging material. Please contact us for further information:
Solarbayer GmbH, Am Dörrenhof 22, 85131 Pollenfeld - Preith, Fax. 08421-9 35 98-29
We will inform you about a local colleting point or a disposal company in your nearby vicinity (only within Germany), which will take back the packaging material without any costs. If this is impossible you can return the packing material to our place:
Solarbayer GmbH, Am Dörrenhof 22, 85131 Pollenfeld - Preith, Fax. 08421-9 35 98-29
The packing material is going to be recycled or, in accordance with the Packaging Ordinance Germany, disposed by our company.?
7. Right of revocation and consequences for the customer
The customer is given an instruction of revocation according to § 312 d BGB (German Civil Code), which the purchaser signs and sends to the seller together with a written placing of order.
Information of the right of revocation for consumers
You can revoke the contract within 14 days, without stating any reason, in written form (e.g. letter, fax, e-mail) or ? if the goods have been disposed to you before the time limit ? by returning the goods. Notwithstanding section 355 (3) sentence 1, the revocation period does not commence before the duties to provide information under Article 246 section 2 in conjunction with section 1 (1) and (2) of EGBGB (IACC) have been performed; in the case of the supply of goods, not before they reach the recipient; in the case of recurring deliveries of goods of the same kind, not before the first part delivery reaches the recipient; and in the case of services, not before the contract is entered into. The revocation period shall be deemed to be observed by the timely dispatch of the declaration of revocation or the return shipment.
The declaration of revocation resp. the return of the goods has to be addressed to:
Solarbayer GmbH, Preith, Am Dörrenhof 22, D-85131 Pollenfeld
Consequences of revocation
In case of a valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side. If you are unable or partially unable to restitute the merchandise or use (e.g. advantage of use) to us or can only restitute it in a deteriorated condition, then you have to insofar compensate for its value where applicable. You only have to compensate for lost value when the use and deterioration result from the materials handling that exceeds the test of feature and operation. "Test of feature and operation" means the testing of the concerned material as you, for example, could do it in a shop.
Goods that can be shipped by parcel service are to be returned on our expense and risk (please inquire for a return label). Goods that cannot be shipped by parcel service will be picked up. All reimbursement obligations must be fulfilled within 30 days. The revocation period starts with the dispatch of your revocation or of the goods, and for us with their reception.
8. Notice of Defects / Liability for Defects and Warranty
The purchaser - provided that he is a merchandiser - is bound to give notice of defects concerning either the quantity, the weight or the number of items delivered as well as apparent defects must be given immediately after the receipt of the goods, at least before converting the goods or before the installation, either by telephone or in writing (via post, fax or e-mail). The purchaser is entitled to assert the legal warranty claim. Liability is not accepted for damages caused by improper use, faulty installation and initiation. Customary aberration in color, dimensions, weight and quality do not display any defects.
9. Retention of title
The Solarbayer GmbH retains full title in all delivered merchandise until all claims are fully satisfied, whatever legal reason might occur to you now and in the future. This even applies for goods that are already completely or partially further processed. An acquisition of property according to § 950 of the BGB (German Civil Code) is excluded. The customer shall undertake to sell the goods that are subject to the reservation of title only in the usual course of business provided that he conveys all claims against his consumers, resulting of the resale of the unprocessed goods, to the Solarbayer GmbH. Customers are not entitled to pledge the goods or assign them as security. The purchaser is bound to make complaint in case of attachment of the goods or any other damnification of the goods that are subject to reservation. In the event of the customer?s default in payment we are entitled to demand the return of the privileged property, which has been delivered subject to retention of title as well as extended retention of title. This demand as well as the judicial execution with respect to the goods will not be regarded as a cancellation of the contract. The demand to embed the goods separately and characterize them will likewise not be regarded as such. On our demand, the customer is entitled to reveal the names of his clients, against whom he has acquired claims by selling our goods, by presenting copies of their invoices to us, as well as conveying their amount owed.
10. Applicable Law / Place of Performance and Jurisdiction
The privity of law between the Solarbayer GmbH and its contractual party shall be governed by and construed in accordance with the Federal Republic of Germany. Place of performance for us is the domicile of the Solarbayer GmbH in Ingolstadt. If the customer is an entrepreneur, a legal entity or a special fund under public law, our enterprise domicile is the only jurisdiction, if no other exclusive legal jurisdiction exists.
11. Duty of disclosure and Obligation to inform according to Germany?s Federal Data Protection Act (BDSG)
We advert to the fact that the data collected in the course of entering into the contract will be collected, processed and used to guarantee proper course of business. The contract remains binding in its prerequisites, even if several parts will become invalid.
In accordance with the batteries ordinance we are obliged to advise you that batteries are not to be disposed in the regular houshold trash. You as consumer are obliged to return those batteries either to the sales agency or to a common collection point (e.g. in a super market) or to send them back to:
Fa. Solarbayer GmbH, Am Dörrenhof 22, 85131 Pollenfeld
Batteries or rechargeable batteries that contain harmful substances are marked with a special sign (a crossed trash can). Next to the trash can symbol the substance is described: "CD" is cadmium, "Pb" = lead and "Hg" = quicksilver.
The German version is the only official! To read the german version, please select "Deutsch" as language.