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Monday - Friday | 09:00 - 16:00

+49 (0) 30 5770 344 35

sales@enerdan.de

ENERdan GmbH
Max-Planck-Str. 7
D-12489 Berlin
Germany

Terms and Conditions General terms and conditions of business 1. Scope The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is exercising their commercial or independent professional activity. professional activity. The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they will only become part of the contract if we have expressly agreed to this. 2. Contracting parties, conclusion of contract, correction options The purchase contract is concluded with Enerdan GmbH. By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods in the shopping cart by clicking on the order button. Immediately after submitting the order, you will receive another confirmation by email. 3. Contract language, contract text storage The language(s) available for the conclusion of the contract: German, English We save the contract text and send you the order data and our general terms and conditions in text form. For security reasons, the contract text is no longer accessible via the Internet. 4. Delivery conditions In addition to the stated product prices, shipping costs are also added. You can find out more about the shipping costs in the offers. We only deliver by post. Unfortunately, it is not possible to collect the goods yourself. We do not deliver to packing stations. 5. Payment In our shop you can generally use the following payment methods: advance payment If you choose to pay in advance, we will send you our bank details in a separate email and deliver the goods after receipt of payment. PayPal, PayPal Express In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further information during the ordering process. PayPal Plus In cooperation with the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal services. Unless otherwise stated below, payment via PayPal Plus does not require registration with PayPal. You will receive further information with the respective payment option and during the ordering process. PayPal In order to pay the invoice amount using the PayPal payment option, you must be registered with PayPal, authenticate yourself with your login details and confirm the payment order. The payment transaction is carried out by PayPal immediately after the order is placed. credit card via PayPal Your card will be charged by PayPal after the goods have been dispatched. direct debit via PayPal Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. By confirming the payment order, you give PayPal a direct debit mandate. PayPal will inform you of the date on which your account will be debited (so-called prenotification). Your account will be debited before the goods are dispatched. Purchase on account via PayPal Purchasing on account via PayPal requires an address and credit check and is made directly to PayPal. 6. Right of withdrawal Consumers have the statutory right to cancel as described in the cancellation policy. Businesses are not granted a voluntary right of cancellation. 7. Retention of title The goods remain our property until full payment has been made. The following also applies to entrepreneurs: We retain title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%. 8. Warranty and guarantees 8.1 Liability for defects Unless expressly agreed otherwise, the statutory liability for defects applies. The following restrictions and shortening of time limits do not apply to claims based on damages caused by us, our legal representatives or vicarious agents in case of injury to life, body or health in the event of intentional or grossly negligent breach of duty and malice in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations) within the framework of a guarantee promise, if agreed, or insofar as the scope of application of the Product Liability Act is open. restrictions on entrepreneurs For businesses, only our own information and the manufacturer's product descriptions that have been included in the contract are deemed to be an agreement regarding the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements. For businesses, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the recourse claim according to Section 445a BGB remain unaffected. regulations for merchants Among merchants, the obligation to inspect and give notice of defects as set out in Section 377 of the German Commercial Code applies. If you fail to give notice as set out there, the goods are deemed to have been approved, unless the defect was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect. Notice to Consumers We would like to inform you that when selling used goods to consumers, we are entitled to shorten the limitation period with regard to warranty rights to one year from delivery of the goods, provided that we specifically inform you of this and this is expressly and separately agreed upon in the ordering process. 8.2 Warranties and customer service Information on any additional guarantees that may apply and their exact terms and conditions can be found on the product itself and on special information pages in the online store. Customer service: 10:00 to 16:00 by phone at 49 (0) 30 5770 344 35 9. Liability We are always liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents. in case of injury to life, body or health, in the event of intentional or grossly negligent breach of duty, in the case of guarantee promises, if agreed, or insofar as the scope of application of the Product Liability Act is open. In the event of a breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, the liability is limited to the amount of damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded. 10. Dispute resolution The European Commission provides a platform for online dispute resolution (ODR), which you can find here. Consumers have the opportunity to use this platform to resolve their disputes. In order to settle disputes arising from a contractual relationship with a consumer or as to whether such a contractual relationship even exists, we are obliged to participate in dispute resolution proceedings before a consumer arbitration board. The responsible body is the Federal Universal Arbitration Board at the Center for Arbitration eV, Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de. We will participate in dispute resolution proceedings before this body. 11. Final provisions If you are an entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a merchant within the meaning of the German Commercial Code (HGB), 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 you and us is our place of business. Terms and Conditions created with the Trusted Shops legal text generator in cooperation with FÖHLISCH Rechtsanwälte.

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