Terms & Conditions of ElectricBrands GmbH
electric mobility solutions
with its registered office in Munastraße 1, 64839 Münster
for offers, reservations, orders, deliveries and services which are based on contracts concluded between us and our customers (hereinafter also named: "you") via the website https://electricbrands.de/en/.
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 the ElectricBrands GmbH, Munastraße 1, 64839 Münster, registered in the commercial register of the Neuruppin district court under HRB 12154 and represented by the managing director Kevin Raab.
1.3. Only the GTCs in their current version 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 a consumer. If you are a natural or legal person or a partnership with legal capacity that has concluded the respective contract in the exercise of your commercial or independent 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 choose articles from our assortment and collect them in a so-called shopping cart by clicking the button "add to cart". Only when you click on the button "send order", you make a binding offer to purchase the goods in the shopping cart and you agree to the validity of these terms and conditions by checking the box "I have read and accepted the terms and conditions". You can change and view the data at any time before sending the order.
2.3. The order confirmation, which is automatically sent by e-mail after the order is done, documents that we have received your order, but does not yet constitute acceptance of your offer by us.
2.4. A contract is only concluded by our declaration of acceptance, which we send to you with 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 is concluded in German.
Where can I check the text of the contract and the general terms and conditions?
3.1. We do not store the text of the contract. You can also not recall it after completion of the order process. The text of the contract and these terms and conditions including the cancellation policy can be seen again in the order confirmation, which we send to you by e-mail after placing your order for acceptance of the contract. You can print them from there.
How does the contract come about 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 GTCs apply accordingly if you have configured and ordered goods in the online shop according to your wishes and these goods have yet to be produced by us according to your wishes as specified in the configurator (hereinafter also referred to as "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 shipping 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 meet 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 grace period to effect performance. Only if we allow this period of grace to expire, you are 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 authorized 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 picked up within 10 days after receipt of the first notification for pickup, we reserve the right to withdraw from the purchase contract to minimize 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 through 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 shipping date is the day on which the goods are handed over by us to the shipping company or the notification to you in accordance with section 6.4 sentence 1 of these GTCs.
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 dispatch the goods within the agreed period or the period specified by us only while stocks last.
6.7. If no delivery period is specified or otherwise agreed, or if we are no longer obliged to comply with an agreed delivery period due to the sales permitted under Section 6.6 of these GTCs, dispatch within four weeks of the start of the delivery period applicable under Section 6 of these GTCs 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 shipment by our own personnel, we are responsible for their fault. A shipping time stated by us is therefore not binding. If we have taken over instruction or assembly work at your location, we owe, however, deviating from this, 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 assembly work at your location, however, the risk shall pass to you upon completion 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 Euro 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 paid by you.
10.3. In case of a revocation you have to bear the direct costs of the return shipment.
When and how do I have to pay?
11.1. You can pay for goods and services in the online shop using the following payment methods: 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 GTCs 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 shall pay us default interest at a rate of 9 percentage points above the base rate.
11.3. Your obligation to pay default interest does not exclude the assertion of further default damages 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 writing (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 GTCs 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 GTCs 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 of delivery or (ii) otherwise within 1 week of the defect being discovered.
12.4. An additional guarantee exists for the goods delivered by us only if this was expressly given in the order confirmation for the respective article.
To what extent is ElectricBrands 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 which are 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 foreseeable damage typical of the contract if such damage 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 GTCs 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 is one year from delivery, in deviation from § 438 Para. 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 is one year from delivery. Insofar as acceptance has been agreed, the limitation period in the above cases of this clause of the General Terms and Conditions of Business shall commence upon acceptance.
14.2. Not affected by the above section 14.1 of these GTCs are mandatory statutory special regulations on the statute of limitations and your claims for damages in accordance with section 13.1 of these GTCs as well as in accordance with the Product Liability Act, the limitation period for which is determined exclusively by the statutory limitation periods.
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 legal right of withdrawal, which we will inform you about in the following according to the legal sample.
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 (or, in the case of a contract covering several goods ordered by the consumer in a single order and delivered separately) took possession of the last goods.
In order to perform your right of revocation, you must inform us (ElectricBrands GmbH, Munastraße 1, 64839 Münster or by e-mail to firstname.lastname@example.org with the subject "revocation") by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to revoke this contract. You may use the attached sample revocation template for this purpose, but this is not mandatory. In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
15.3. Consequences of revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery from the cheap standard delivery offered by us), immediately and at the latest within fourteen days of the day on which we receive notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. 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 that can be shipped by parcel post: accessories for the ElectricBrands-Nito vehicles, for goods that can be shipped by parcel post, accessories for the emobs/Nito vehicles, the following special consequences of the revocation also apply. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us without delay and in any event no later than fourteen days from the date on which you inform us of the cancellation of this agreement. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods (accessories and supplies for the emobs/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 about EUR 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)
ElectricBrands GmbH – electric mobility solutions
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 due to legal regulations.
16.2. We reserve the right to transfer your personal data to credit agencies, as far as 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 the credit check, 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.
16.5. For the rest, the provisions in our data protection declaration apply.
Is there also a possibility for 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: email@example.com
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer dispute resolution agency.
Which law applies and where can legal action be taken if necessary?
18.1. The law of the Federal Republic of Germany applies to these GTCs 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 GTCs or a prior individual agreement or at your general place of jurisdiction. Priority statutory provisions, in particular regarding exclusive jurisdiction, shall remain unaffected.
What applies if individual provisions or gaps in the contract are ineffective?
19.1. If individual provisions of these GTCs 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.
Münster, January 2020