Terms and Conditions

I. Standard Business Terms and customer information for consumers

§ 1 Basic provisions

(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (A-E-S Europe GmbH) via the https://shop.europe-solar.de/ website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.

(2)  A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject-matter of the contract is the selling of products.

(2) On placing the product in question on our website, we provide you with a binding offer to conclude a sales agreement subject to the conditions specified in the item description.

(3) The purchase agreement takes place via the online shopping cart system as follows:
The products intended for purchase are moved to the "shopping cart". You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time.
After calling up the “Checkout” page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page.

If you used an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Postpay, Sofort) to receive payments, you will either be guided to our online shop on the order summary page or forwarded to the web page of the instant payment provider.
If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then be returned to the order summary page in our online shop.

Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction.
By clicking the "Place order in conjunction with a liability to pay” button to submit the order, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place.

(4) You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.

(5) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.

§ 3 Right of retention, reservation of proprietary rights

(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price is paid in full.

§ 4 Warranty

(1) The statutory warranty rights are applicable.

(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.

§ 5 Choice of law, place of fulfilment, jurisdiction

(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).

(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.

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II. Customer information

1. Identity of the seller

A-E-S Europe GmbH
Am Riembach 7
31171 Nordstemmen
Germany
Telephone: 050694803670
E-Mail: info@shop.europe-solar.de


Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.

2. Information regarding the conclusion of the contract

The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).

3. Contractual language, saving the text of the contract

3.1 Contract language shall be English.

3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.

3.3 You will be sent all contractual information within the framework of a binding offer in written form, via E-mail for example, for quotation requests outside of the online shopping basket system, which can be printed out or saved electronically in a secure manner.

4. Main features of the product or service

The key features of the goods and/or services can be found in the respective quote.

5. Prices and payment arrangements

5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.

5.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.

5.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear. You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.

 

5.4 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.

5.5 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.

6. Delivery conditions

6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.

6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.


II. Standard Business Terms and customer information for commercial customers


§1 Validity of conditions

  1. Our deliveries, services and goods offered or services in solar and photovoltaic range are exclusively based on these terms and conditions. They apply also to all future business, even if they are not expressly agreed again. At the latest with the acceptance of the goods or services, these terms are accepted. From customer contrary speaking business or purchase conditions are hereby rejected.

§2 Offer, order confirmation and conclusion of contract

  1. Our offers are subject to prior sale. If we have these not expressly designated as binding, they are therefore non-binding to contract.
  2. Any discrepancies in the confirmation of the order must be notified immediately in writing.
  3. The final contract is subject to correct and timely delivery by our suppliers. This applies only in the event that the non-delivery is not attributable to us, especially when a congruent hedging transaction with our supplier. In a non-availability of the customer is immediately informed and refunded the consideration immediately.
  4. Technical changes reserved by the supplier, provided that the purchaser will be no undue disadvantages.
  5. Guarantees shall only be binding if they were assured by the manufacturer and they are referred to in an offer or an order confirmation as such, and there also our obligations under the guarantee are set out in detail. Moreover, the manufacturer guarantees for all goods supplied by us are. We assume no guarantees itself.
  6. Drawings, diagrams, calculations, measurements, weights or other performance data are only binding if this is expressly agreed in writing. Any documents may be reproduced or shown to third parties without our written consent.
  7. In a data of misuse, we reserve the right to claim for damages.

§3 Prices and Payment

  1. The payment for the goods and services of A-E-S Europe GmbH is based on the contract. The same applies to payment and maturity.

 

  1. When payment currency Euro is set. Payments in other currencies are possible but require our written confirmation. We may thus no foreign exchange reprisal.
  2. Deduction of discount requires special written agreement.
  3. If occurring after conclusion of the contract cost reductions or cost increases, in particular by changes in material prices, we reserve the right to adjust prices accordingly. This we will prove to the customer on request.
  4. Consequences of late payment the legal regulations apply.
  5. The purchase price is payable in full and without deductions upon successful handover to the buyer or to the shipper, unless there are any other payment in the order confirmation. A payment shall be deemed made when we can dispose of the amount.
  6. The buyer is only entitled for notice of defects to offset if his counterclaims have been legally determined, recognized by us or between us are undisputed. He is only entitled to exercise a right of retention if his counterclaim is based on the same contractual relationship.
  7. We have the right in case of default of the buyer and setting a reasonable deadline to withdraw from the purchase contract and sell the goods to another customer, even if the buyer has already paid the goods. A refund of the reservation deposit shall be paid after deduction of all costs including lost profits, interest, processing and administrative costs and other costs incurred in connection with the sale of the retained goods.

§4 Delivery and Performance

  1. The specified Dates in our offers delivery times are approximate times. These are subject to the timely delivery. Unless the one delivered by us has been agreed to in writing and explicitly as binding. The delivery time is extended if unforeseen obstacles of regulatory measures and of force majeure beyond our influence. These include, for example, factory malfunctions at the supplier, operational disruptions, supply delays if these obstacles influence the completion or delivery of the goods. In a case as defined above, we immediately inform the client as soon as we have knowledge about it. Claims for damages due to delay and due to the breach of contract are excluded in cases of unforeseen events. We are also not required to provide in this case and may also withdraw from the contract. We are, however, strive to make a renewed offer to possibly the unforeseen event adjusted conditions.
  2. If the product is no longer produced and / or for other reasons, despite a request does not provide, we are to provide no obligation and are entitled from the contract withdraw. A precondition for this right of withdrawal, that the import from other suppliers is not easy to get to selfsame conditions. A claim for damages of the buyer is excluded. Should we for other reasons do not deliver and get into delay in delivery, the buyer can declare the cancellation of the purchase contract without entitlement to compensation. In Funds deposited are refunded without interest in this case and in the reservation deposit currency.

 

 

 

  1. We are entitled to partial deliveries and partial services at any time. Unless the partial delivery or partial performance for the customer is not of interest.
  2. The specified delivery period starts when all technical and financial issues have been resolved. Likewise, the buyer has to fulfill all his obligations properly and on time.
  3. Our liability is limited to foreseeable, typically occurring damage if the delay in delivery is not due to be caused by our deliberate infringement of the Treaty. Any further liability for a fault for which we delayed delivery is excluded.
  4. If the buyer is in default of acceptance, we are entitled to demand compensation for the resulting damages and any additional expenses. The same applies if the buyer violates obligations to cooperate. If our bill be up to one week not yet been settled in the port of destination or in our warehouse after arrival of such goods, we are entitled to retain the deposit payments initially as security for our outstanding balance claim. With default of acceptance the risk of accidental deterioration and accidental loss passes to the buyer and the buyer has all the associated costs, in particular to bear storage costs.
  5. The buyer is obliged to countersign the delivery note received with the delivery and to send within 3 working days at the A-E-S Europe GmbH. Obvious damage to the goods are to be noted on the delivery note.

§5 Transfer of risk

  1. The risk is transferred to the customer once the goods at customs and the port of destination or in our warehouse collected by the buyer and the Frachpapiere or delivery are transferred to the buyer.
  2. Free home deliveries are to be agreed separately. A free home delivery presupposes that the Buyer grants us a written order. The thereby resulting additional costs for insurance and further transport from the port or interim storage shall be borne by the buyer. Transfer of risk is the transfer to the customer and handing the delivery in free home deliveries.
  3. If the buyer organization of transport and insurance of the goods from the port of arrival or our warehouse to his camp itself, so we are freed from the extra costs incurred.
  4. If the shipment is delayed at the request or fault of the buyer, we shall store the goods at the expense and risk of the buyer. In this case, the display of the goods are ready for dispatch.

 

§6 Warranty

 

  1. Warranty claims of the customer assume that this is his obligation under § 377 and §378 HGB inspection and complaint properly fulfilled. This means in particular that the goods must be inspected immediately upon receipt by the buyer for shipping damage or obvious defects. At the request of A-E-S Europe GmbH, the rejected delivery item is carriage paid to the A-E-S Europe GmbH to send back.
  2. The warranty claims of the buyer expire calculated from transfer of risk in one year.
  3. The buyer must present the complaint so that he expertly describes the defect in the goods, if possible documented with photos and us upon request a copy of the complaint modules purpose of carrying out its own examination.
  4. color variations lesser extent and color variations, which are due to the use or the composition of different materials as well as production-related visual defects that do not lead to a reduced technical use apply, according to the contract. This also applies to power variations in photovoltaic modules under a tolerance of +/- 3%.
  5. As a condition of the goods in principle apply the properties as agreed, the result from the technical product description. Public statements, claims or advertising by the manufacturer do not represent contractual quality of the goods
  6. The liability for culpable injury to life, limb or health is not affected. this also applies to mandatory liability under the Product Liability Act.
  7. We are liable under the statutory provisions if the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence of our representatives or agents. As far as no deliberate infringement is attributed, liability for damages is limited to foreseeable, typically occurring damage.
  8. If there is a justifiable defect in the purchased goods, we are entitled, together with our suppliers to repair or replacement. If the repair (repair, part replacement, parts replacement) fails or if we are not ready for replacement or unable or fails in any other way, the replacement fails, the buyer is entitled to either cancel the contract or an appropriate reduction of the purchase price to demand.
  9. In case of withdrawal the defective delivery items are in the state in which they are located at the time of discovery of the defect, make them available for inspection by us or by our suppliers and returned at our request to us.
  10. Our liability is limited to complaints of our direct customers. If the delivered goods sold by our customers to third parties, so we are not liable for their complaints, especially if the products have already been installed or used, as we, claims for damages due to incorrect use or natural damage, in particular by lightning, water, rain, snow ice does not stick.


§ 7 Joint liability

  1. Further liability for damages as in § 6 provided is - regardless of the legal nature of the asserted claim - excluded. This applies particularly to claims for damages from culpa in contrahendo, other breaches of duty or tort claims for property damage pursuant to § 823 BGB.
  2. The definition of para. 1 shall also apply if the customer, instead of a claim for compensation for the damage, instead of compensation for useless expenses.
  3. As far as liability for damages towards us is excluded or limited, this also applies to the personal liability of our employees, workers, employees, representatives and agents.
  4. Our liability is - if legally permissible - limited to the corporate assets.

§8 instructions and product observation

  1. The buyer is obligated to carefully observe the issued by the supplier instructions and pass them on to the potential user and his customer with a special note. This is especially so installation and maintenance instructions. Any ambiguity must be reported immediately to clarify before installation and start with the A-E-S Europe GmbH.
  2. If the buyer fails to meet its obligations under Section 8 para 1 not to and are thereby triggered product or producer liability claims against the supplier, the purchaser shall suppliers internally from these claims; have become a contributory cause to be taken by the supplier circumstances, the exemption basis of the causation share.
  3. The buyer is obliged to observe the supplier's products and their practical use. This also applies to the resale. The product monitoring obligation relates in particular to unknown damaging properties of the product or to uses and consequences, creating a dangerous situation. On lessons learned, the supplier should be pointed immediately

§ 9 Retention of Title

  1. We reserve title to the goods until receipt of all payments from the delivery. At behavior of the buyer, especially default of payment, we are entitled to take back the goods. Repossession of the goods by us no cancellation of the contract, unless we have expressly stated this in writing. The seizure of the goods by us always constitutes a withdrawal from the contract. We are entitled to dispose of the goods to their utilization, the proceeds against the liabilities of the buyer - minus reasonable utilization costs - to be counted. If standing under retention of title with other goods not in our property goods are inseparably mixed or processed, we shall acquire ownership in the ratio of the value of the subject to our retention of title to the mixed with these or processed goods (joint ownership). The customer is obliged to treat the goods with care and to insure them against fire, water and theft at replacement value. If maintenance and inspection work is required, the customer must carry this out at his own expense.

 

 

  1. If third parties seizure or other interventions, the buyer must inform us immediately in writing so that we can bring an action under § 771 ZPO us. If the third party is unable to reimburse us for the judicial and extrajudicial costs of action under § 771 ZPO, the buyer is liable for the loss incurred.
  2. The customer is entitled to resell the goods in the ordinary course of business; however, he assigns to us all claims amounting to the final invoice amount (including VAT.) of our claim, which accrue from resale to his customers or third parties, irrespective of whether the goods were resold without or after processing is. To collect these receivables, the customer remains also after assignment. Our authority to collect the claim itself remains unaffected. However, we undertake not to collect the claim as long as the customer meets its payment obligations from the proceeds, does not fall into arrears and in particular no application to open insolvency or composition proceedings has been made or payments. If this is the case, we can demand that the customer informs us of the assigned claims and their debtors, makes all information required for collection, hand over the relevant documents and informs the debtors (third parties) of the assignment. If the goods are inseparably mixed with other items which are not our property, we shall acquire joint ownership of the new item in proportion of the value of the goods to the other mixed objects at the time of mixing. If mixing in such a way that the buyer's object is to be regarded as the main item, it is agreed that the buyer transfers proportional joint ownership to us. The buyer keeps the sole ownership or co-ownership for us.
  3. We commit ourselves to release the securities we are entitled to demand of the buyer, the value of our securities exceeds the secured claims by more than 20%; the choice of the collateral to be released.

§10 advice

  1. Consultations are carried out by us to the best of my knowledge and belief. Does not exempt the customer from testing the supplied products to confirm their suitability for the intended processes and purposes. For the correctness of made in discussions with customers statements, we assume no liability principle. A mandatory consultation requires a separate, remuneration paid consulting contract. Basically, we are not obliged to educate customers about all circumstances of the case, the. For its decision to conclude a contract, might be of importance A duty to inform is only when the customer can expect a clarification in this specific situation, so that a concealment of relevant facts of good faith would be contrary.
  2. The application, use and processing of the products beyond the control of A-E-S Europe GmbH and are in the sole responsibility of the customer.

    Excluded closed general contractor or service contracts are which require a separate and appropriately labeled Treaty.

 

 

§11 consumers clause

  1. Contracts between the A-E-S Europe GmbH and a consumer (consumer contract) 6 para. 1 and 2 (warranty) and 7 (total liability) shall not apply. It remains with the legal regulations for consumer goods. Furthermore, apply to consumers which goods from our online shop include our cancellation and redemption policy. These see www.EuropeSolar.de under the item Cancellation.
  2. Consumer means any natural person who enters into a transaction for a purpose that can neither be attributed to their commercial or independent professional activity.

§12 Applicable Law, Jurisdiction, Severability

  1. These terms and conditions and the entire legal relationship between the customer and us the laws of the Federal Republic of Germany 2010. considering the Incoterms 2. Should any provision in these terms and conditions or a provision of other agreements ineffective be or become, the validity of all other provisions or agreements shall not be berührt.
  2. contract modifications, side agreements and other communications are not effective in writing.
  3. If the customer is a merchant, legal entity under public law or public special assets, our registered office is the exclusive place of jurisdiction for all from the contractual relationship directly or indirectly arising disputes.

 

A-E-S Europe GmbH (www.europe-solar.de)

Hansastrasse 68

30952 Ronnenberg                                                                  Dated: 01.01.2018




* incl. tax, plus shipping