General Terms and Conditions of ElectricBrands AG
Vossbarg 1, 25524 Itzehoe, Germany
for offers, reservations, orders, deliveries and services based on contracts concluded between us and our customers (hereinafter also: "You") via the website www.electricbrands.de.
To whom do the Terms and Conditions apply?
1.1. These General Terms and Conditions of Business (the "GTC") apply to all offers, reservations, purchase contracts, deliveries and services for goods ordered by you from our product range via our online shop on electricbrands.de/en (hereinafter also referred to as the "Online Shop"). We do not accept any deviating terms and conditions.
1.2 We, that is ElectricBrands AG, registered in the Commercial Register of the Local Court of Pinneberg under HRB 15947 PI and represented by the Chairman of the Board: Martin Henne and the Chairman of the Supervisory Board: Ralf Haller.
1.3. Only the current version of the General Terms and Conditions at the time of the order shall apply.
1.4. These GTCs contain regulations that only apply to consumers and regulations that only apply to entrepreneurs. As far as you have not ordered the deliveries and services predominantly for your commercial or self-employed professional activity, you are consumers. If you are a natural or legal person or a partnership with legal capacity which has concluded the respective contract in the exercise of your commercial or self-employed professional activity, you are an entrepreneur.
How is a contract concluded?
2.1. Our offers and price quotations in the online shop contained in brochures, advertisements and other advertising material are subject to change and non-binding.
2.2. You can select articles from our range of products and collect them in a so-called shopping basket by clicking the button "add to basket". Only when you click on the "Send order" button do you submit a binding offer to purchase the goods in the shopping basket and agree to the validity of these general terms and conditions by checking the box next to "I have read and accepted the general terms and conditions". You can change and view the data at any time before sending the order.
2.3. The order confirmation sent automatically by e-mail after the order has been sent documents that we have received your order, but does not constitute acceptance of your offer by us.
2.4. A contract shall only come into existence through our declaration of acceptance, which we shall send to you in a separate e-mail, but at the latest when the order is dispatched.
2.5. If goods ordered are not available at the time of ordering, we reserve the right not to accept the order of the goods, so that no contract is concluded. We will inform you separately about this. Payments already made will be refunded immediately.
2.6. The contract shall be concluded in German.
Where can I view the text of the contract and the general terms and conditions?
3.1. We do not save the text of the contract. You will not be able to retrieve it after the order process has been completed. The text of the contract and these General Terms and Conditions of Business, including the revocation instruction, are again evident from the order confirmation, which we send to you by e-mail after your order for the acceptance of the contract. You can print them out from there.
How is the contract concluded for configured goods ordered in the online shop and where can I view the contract text?
4.1 The provisions in sections 2 and 3 of these GTC apply accordingly if you have configured and ordered goods in the online shop in accordance with your wishes and these have yet to be manufactured by us in accordance with your wishes specified in the configurator (hereinafter also: "Configured Goods").
How do I receive the goods and where are they delivered to?
5.1. We always ship accessories and supplies for the ElectricBrands and Nito vehicles/accessories to an address of your choice in Europe, in which case we select the appropriate shipping method and carrier at our reasonable discretion.
5.2. For the receipt of the vehicles/accessories you can basically choose between
5.2.1. shipping by us to an address of your choice in Europe.
When is the delivery?
6.1. The delivery times for the dispatch of goods from the online shop stated by us are always only approximate and are not binding. This does not apply if a fixed dispatch date has been agreed. The delivery period is calculated from the date of our order confirmation when the purchase price has been received by us.
6.2. Four weeks after exceeding a non-binding delivery date or a non-binding delivery period, you may request us in writing (or in text form) to deliver within a reasonable period. If we culpably fail to comply with a delivery date or delivery period expressly agreed as binding or are in default for any other reason, you may initially only set us a reasonable period of grace to effect performance. Only if we allow this period of grace to elapse fruitlessly are you entitled to withdraw from the purchase contract.
6.3. Configured goods will be sent to you in text form (by post or e-mail) after the time specified in the order and notification by us.
6.4. If the order is delivered to an ElectricBrands store or authorised ElectricBrands dealer of your choice for collection, we will notify you in text form (also by post or e-mail) as soon as the order is ready for collection. The order must then be picked up within 10 days of receipt of the notification. You must present the invoice for collection. If the order is not collected within 10 days of receipt of the first notification of collection, we reserve the right to withdraw from the purchase contract in order to minimise storage costs. In this case you will receive a credit note for the purchase price paid in the form of the original payment, unless you have financed the purchase price via a payment service. In the latter case, the reversal is carried out directly with the payment service used.
6.5. Decisive for compliance with the dispatch date is the day on which we hand over the goods to the dispatch company or the notification to you in accordance with section 6.4 sentence 1 of these GTC.
6.6. Even if goods are marked as "in stock" on the order form, we are entitled to sell these goods at any time if the limited availability of the goods was indicated on the order form or if we do not receive payment in advance within five working days after our acceptance of the offer. In these cases, we will only dispatch the goods within the agreed period or the period specified by us while stocks last.
6.7. If no delivery period is specified or otherwise agreed, or if we are no longer obliged to adhere to an agreed delivery period due to the sales permitted under Section 6.6. of these General Terms and Conditions, dispatch within four weeks of the start of the delivery period applicable under Section 6 of these General Terms and Conditions shall be deemed agreed.
What applies if the goods do not arrive?
7.1. We only owe the timely and proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company. In the case of dispatch by our own personnel, we are responsible for their fault. A shipping time stated by us is therefore not binding. If we have undertaken instruction or installation work at your location, we shall, however, deviating from this, owe the timely completion of this work and handover to you on the contractually agreed date.
7.2. If you are a consumer, the risk of accidental destruction, accidental damage or accidental loss of the delivered goods shall pass to you at the point in time at which the goods are delivered to you or you are in default of acceptance. In all other cases, if we are only responsible for shipment, the risk shall pass to you upon delivery of the goods to the transport company; if the goods are shipped by our own personnel, we shall be responsible for their fault. If we have undertaken instruction and installation work at your location, the risk shall pass to you upon completion of this work and handover of the goods.
Is the shipment insured?
8.1. The dispatch of our goods is always insured at our expense. Do not worry as a consumer, we already bear the shipping risk according to the law in any case.
When do I obtain ownership of the goods?
9.1. The delivered goods remain our property until full payment has been received.
What are the prices and who bears the shipping costs?
10.1. All prices in the online shop are in pounds and include the applicable statutory value added tax.
10.2. The corresponding shipping costs for the different ways of receiving our goods are indicated in the order form and are to be borne by you.
10.3. In the event of revocation, you shall bear the direct costs of the return shipment.
When and how do I have to pay?
11.1. You can generally pay for goods and services in the online shop using the following means of payment: Credit card (Visa & MasterCard), PayPal, giropay. In addition, it is generally possible to finance the goods via a payment service provider we use. In this case, the General Terms and Conditions of the payment service provider apply.
11.2. Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined by the calendar, you are already in default by missing the deadline. In this case, if you are a consumer, you shall pay us interest on arrears at a rate of 5 percentage points above the base interest rate. If, on the other hand, you are an entrepreneur, you must pay us default interest at a rate of 9 percentage points above the base rate.
11.3. Your obligation to pay interest on arrears does not exclude the assertion of further damage caused by default by us.
11.4. You may only offset your own claims against our claims if the counterclaims are undisputed or have been legally established. You may only retain services owed by you on the basis of justified counterclaims from the same contractual relationship.
What is to be observed in case of defects?
12.1. Your rights in the event of defects shall be governed by the statutory provisions, unless otherwise specified below. If the delivered goods have a material defect, you may first demand that we remedy the defect or deliver goods free of defects. If you are an entrepreneur, we can choose between the removal of the defect or delivery of a defect-free item; we will notify you of this choice in text form (also by post or e-mail) within three working days of receipt of the notification of the defect. We can refuse the type of subsequent performance chosen by you if this is only possible at disproportionate cost.
12.2. If subsequent performance pursuant to Section 12.1. of these General Terms and Conditions fails or is unreasonable for you or we refuse subsequent performance, you are entitled in each case in accordance with the applicable law to withdraw from the purchase contract, reduce the purchase price or demand compensation for damages or reimbursement of your futile expenses. In addition, the special provisions of section 13 of these General Terms and Conditions shall apply to your claims for damages.
12.3. The following applies only to entrepreneurs: You must carefully examine the goods immediately after sending them. The delivered goods shall be deemed to have been approved by you if we are not notified of a defect (i) in the case of obvious defects within 1 week after delivery or (ii) otherwise within 1 week after discovery of the defect.
12.4. The goods delivered by us are only covered by an additional guarantee if this was expressly stated in the order confirmation for the respective article.
To what extent is ElectricBrands AG liable?
13.1. We shall be liable for your claims for damages arising from injury to life, body or health or from the breach of material contractual obligations (obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the contractual partner regularly relies and may rely) as well as for other damages based on an intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents or on a guarantee assumed by us. Otherwise, your claims for damages are excluded.
13.2. In the event of a breach of material contractual obligations, we shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless your claims for damages are based on injury to life, body or health.
13.3 The restrictions of clauses 13.1. and 13.2. of these GTC also apply in favour of our legal representatives and vicarious agents if claims are made directly against them.
13.4. Our liability for delay in delivery is - except in cases of intent or gross negligence - limited to an amount of 5% of the respective purchase price (including VAT).
13.5. The regulations of the product liability law remain unaffected.
How long can I assert claims?
14.1. If you are a consumer, the general limitation period for your claims arising from material defects and defects of title shall be one year from delivery, in deviation from § 438 (1) No. 3 BGB. If you are an entrepreneur, notwithstanding § 438 para. 1 no. 3 BGB, the general limitation period for your claims arising from material defects and defects of title shall be one year from delivery. Insofar as acceptance has been agreed, the limitation period in the above cases of this section of the GTCs shall commence upon acceptance.
14.2. Mandatory statutory special regulations on the statute of limitations and your claims for damages in accordance with section 13.1. of these GTCs and in accordance with the Product Liability Act, the period of limitation for which is determined exclusively by the statutory periods of limitation, remain unaffected by the above section 14.1. of these GTCs.
15.1. With the conclusion of a contract via our online shop, a purchase contract for the ordered goods is concluded. In this case, if you are a consumer, you are entitled to a statutory right of revocation, which we will inform you about in accordance with the statutory model below.
15.2. Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the day on which you or a third party, other than the carrier and designated by you, took possession of the goods (or in the case of a contract covering several goods ordered by the consumer in a single order and delivered separately).
To exercise your right of withdrawal, you must inform us (ElectricBrands AG, Vossbarg 1, 25524 Izehoe or by e-mail to email@example.com with the subject "Withdrawal") by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You may use the attached sample withdrawal form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
15.3. Consequences of revocation
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery charges (except for any additional costs arising from your choice of a different method of delivery to the low-cost standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. You will only be liable for any loss of value of the Goods if such loss of value is due to handling of the Goods which is not necessary to examine the nature, characteristics and performance of the Goods.
15.3.1 Goods capable of being sent by parcel post: accessories and fittings for the ElectricBrands Nito vehicles, for goods capable of being sent by parcel post, accessories and fittings for the ElectricBrands/Nito vehicles, the following specific consequences of cancellation also apply. We may refuse repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods (accessories and accessories for the ElectricBrands/Nito vehicles).
15.3.2. Goods not suitable for parcel shipment: all ElectricBrands and Nito vehicles.
For goods that cannot be sent by parcel post, the following special consequences of cancellation also apply. We pick up the goods. You bear the direct costs of returning the goods. The costs are estimated at a maximum of approximately £ 350.
15.4. Non-existence of the right of withdrawal
The right of revocation does not apply to contracts for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by you is decisive or which are clearly tailored to your personal needs. We make it clear that the configured goods are the delivery of such goods which are not prefabricated and for the production of which an individual selection or determination by you is decisive or which are clearly tailored to your personal needs. In this respect, there is no right of withdrawal for you when ordering configured goods.
15.5. Sample revocation form
We inform you about the sample revocation form as you would do according to the legal regulation as follows:
(If you want to cancel the contract, please fill out this form
and send it back)
I / we hereby revoke the contract concluded by me / us
for the purchase of the following goods (*___________)
/ the inheritance of the following service (*___________):
Ordered on: ________________________________________
First Name / Last Name: ______________________________
Date, Signature of the consumer (only for paper notification)
(*) Strike out where not applicable
How are my personal data proteced?
16.1. We may process and store the data relating to the respective orders insofar as this is necessary for the conclusion and execution of the contractual relationships and as long as we are obliged to store this data by law.
16.2. We reserve the right to transfer your personal data to credit agencies if this is necessary for the purpose of a credit check, provided that you expressly agree to this in each individual case. We will not otherwise pass on your personal data to third parties without your express consent, except where we are legally obliged to release it.
16.3. For the purpose of credit assessment, Bürgel Wirtschaftsinformationen GmbH & Co. KG, Postfach 500 166, 22701 Hamburg, Germany, will provide us with the address and creditworthiness data stored in its database relating to your person, including data determined on the basis of mathematical-statistical methods, provided that we have credibly demonstrated our legitimate interest. We are free to use other credit agencies of our choice for evaluation.
16.4. We may not collect, transmit or otherwise process your personal data for purposes other than those stated in this Section 16.1 of these GTCs.
Is there also a possibility of online dispute resolution or arbitration?
17.1. The EU Commission provides an Internet platform for online dispute resolution, which can be accessed at: http://ec.europa.eu/consumers/odr
Our e-mail address is: firstname.lastname@example.org
We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration body.
Which law applies and where can legal action be taken if necessary?
18.1. The law of the Federal Republic of Germany shall apply to these General Terms and Conditions and the entire contractual relationship between you and us, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the state in which you as a consumer have your habitual residence, shall remain unaffected.
18.2. If you are a merchant, a legal entity under public law or a special fund under public law, or if you have your residence or habitual abode abroad, the exclusive - also international - place of jurisdiction for all disputes arising from contractual relationships between you and us is our registered office. In all cases, however, we are also entitled to bring an action at the place of performance of the delivery obligation in accordance with these General Terms and Conditions or a prior individual agreement or at your general place of jurisdiction. Priority statutory provisions, in particular those concerning exclusive jurisdiction, shall remain unaffected.
What applies if individual provisions or loopholes in the contract are ineffective?
19.1 Insofar as individual provisions of these GTC are invalid, this shall not affect the validity of the remaining provisions. You and we shall endeavour to find a provision in place of the invalid provision which is legally and economically most appropriate to the contractual objective.
Itzehoe, June 2021