Terms and Conditions and Consumer Information
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts between ESL E-Mobility GmbH, Technology Park 13, 33100 Paderborn, Germany - hereinafter called the provider - and the customer, which are closed on the website www.esl-emobility.com of the provider. Unless otherwise agreed, the inclusion of customer's own conditions is contradicted.
(2) A consumer within the meaning of the following rules is any natural person who concludes a legal transaction for a purpose that can not be attributed to their commercial or self-employed occupational activity. An entrepreneur is any natural or legal person or a legal partnership that, in the course of entering into a legal transaction, is exercising its independent professional or commercial activity.
(3) Contract language is German. The full text of the contract will not be saved by the provider. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. Once the order has been received by the provider, the order data, the information required by law for distance contracts and the general terms and conditions will be sent to the customer by e-mail again. § 2 Subject of the contract Subject of the contract is the sale of goods. The details, in particular the essential features of the goods can be found in the item description and the additional information on the website of the provider.
§ 3 Conclusion of the contract
(1) The product representations of the provider on the Internet are not binding and no binding offer to conclude a contract.
(2) The customer can submit a binding purchase offer (order) via the online shopping cart system. The goods intended for purchase are stored in the "shopping cart." Via the corresponding button in the navigation bar, the customer can call up the "shopping cart" and make changes there at any time. After opening the "Cashier" page and entering the personal data as well as the payment and shipping conditions, all order data will be shown on the order summary page. Before submitting the order, the customer has the opportunity to review all information here again, to change (also via the function "back" of the Internet browser) or cancel the purchase. By submitting the order via the button "order with obligation to pay", the customer submits a binding offer to the provider. The customer first receives an automatic e-mail about the receipt of his order, which does not yet lead to the conclusion of the contract.
(3) Acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (for example e-mail), in which the customer the execution of the order or delivery of the goods is confirmed (order confirmation). If the customer has not received a message within this period, he is no longer bound to his order. Any services already provided will be reimbursed immediately in this case.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. The customer therefore has to ensure that the e-mail address he has provided to the provider is correct, that the reception of the e-mails is technically ensured and, in particular, not prevented by SPAM filters.
§ 4 prices, shipping costs
(1) The prices quoted in the respective offers and the shipping costs are final prices. They include all price components including all applicable taxes.
(2) The resulting shipping costs are not included in the purchase price. They can be accessed via the "Payment and Shipping" page, will be shown separately during the ordering process and are to be borne by the customer in addition, unless the delivery is free of charge. (3) The customer receives an invoice with VAT.
§ 5 Payment and shipping conditions
(1) The conditions for payment and shipping can be found under the button of the same name in the navigation. (2) Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
(3) If, contrary to expectations, a product ordered by the customer is not available in time for an adequate coverage transaction for reasons for which the provider is not responsible, the customer shall be informed immediately of the unavailability and, in the event of withdrawal, any payments already made will be reimbursed immediately.
(4) It is regulated by law for consumers that the risk of accidental loss and accidental deterioration of the goods sold during the shipment only passes to the customer when the goods are handed over, regardless of whether the shipment is insured or uninsured.
§ 6 Right of Withdrawal and its Return Costs
(1) In the case of the exercise of the statutory right of withdrawal in the case of distance contracts for consumers, it is agreed that the customer shall bear the regular costs of the return.
(2) Unfree or rejected acceptances, returned shipments will not be accepted by us!
(3) You will find the individual conditions of revocation under the tab "Withdrawal". For redemptions that are "unfree" or "Acceptance refused", the following fees apply: a flat rate of € 29.00 as a restocking fee and the incurred postage costs will be charged again. Condition for the return of goods is their undamaged original condition. Damaged or opened or used goods are excluded from the return.
§ 7 Right of retention, retention of title
(1) The customer can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain the property of the provider until full payment of the purchase price.
§ 8 Warranty and guarantee
(1) The legal regulations apply: Warranty is a legally defined claim of the customer against the seller. The seller must prove to the customer that he has handed over his goods without any defects. This does not apply for the entire warranty period, but only for the first six months. Thereafter, the burden of proof is reversed and the customer must prove to the seller that there was already a defect or was created when the goods were handed over. The warranty period for new devices is 2 years. For entrepreneurs: If the customer acts as an entrepreneur, the warranty period for new goods is one year from receipt of the goods. Guarantee is a voluntary service of many manufacturers. Settlement takes place directly and quickly between the buyer and the manufacturer. If damage occurs within the warranty period, the manufacturer will undertake the uncomplicated rectification without complications.
(2) As a consumer, the customer is requested to check the goods immediately upon delivery for completeness, obvious defects and damage in transit and to report any complaints to the supplier and the forwarding agent as soon as possible. If the customer does not comply with this, this has no effect on the statutory warranty claims.
§ 9 Liability
(1) The provider shall be liable without limitation for damage resulting from injury to life, limb or health, in all cases of intent and gross negligence, fraudulent concealment of a defect, assumption of warranty for the nature of the object of purchase, in case of damage the Product Liability Act and in all other legally regulated cases.
(2) If essential contractual obligations are affected, the liability of the provider in case of slight negligence shall be limited to the contractually typical, foreseeable damage. Significant contractual obligations are essential obligations that arise from the nature of the contract and whose violation would jeopardize the achievement of the purpose of the contract and obligations that the contract imposes on the provider according to its content for the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible and on whose compliance the customer may regularly rely.
(3) Liability for slightly negligent breaches of duty is excluded in the case of breach of insignificant contractual obligations. (4) According to the current state of the art, data communication via the Internet can not be guaranteed error-free and / or available at all times. The provider is not liable for the permanent or uninterrupted availability of the website and the services offered there.
§ 10 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law applies only insofar as this does not remove the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (favorable principle).
(2) Place of fulfillment for all services arising from the existing business relationships with the provider as well as place of jurisdiction is the registered office of the provider, insofar as the customer is not a consumer but a merchant, legal entity under public law or special fund under public law. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or the place of residence or habitual residence is not known at the time the complaint is filed. The right to appeal to the court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention explicitly do not apply. These terms and conditions have been created by the lawyers specializing in IT law of the dealer association and are permanently checked for legal compliance. The Händlerbund Management AG guarantees the legal certainty of the texts and is liable in case of warnings. Further information can be found at: http://www.haendlerbund.de/agb-service.