General conditions of sale

Scope of application

These terms and conditions apply to all purchases from InselDerEnergie GmbH [link to "Imprint"] made by private customers.

Private customers in this sense are persons with residence and delivery address in the Federal Republic of Germany, provided that the goods ordered by them can be attributed neither to their commercial nor their independent professional activity. 

Conclusion of contract

The presentation of our goods and the granting of the possibility to place an order constitutes a concrete offer on our part to conclude a purchase contract.

Through your order you accept the offer and the purchase contract is concluded.

You will receive an order confirmation by e-mail to the e-mail address you provided.

 

Prices and shipping costs

The marked prices are final prices including sales tax. The amount shown at the time of the binding order applies. In addition, there are shipping costs, which depend on the shipping method and the size and weight of the product(s) ordered by you. You can find out about the details at [link to "shipping costs"]. We shall bear the regular costs of the return shipment incurred in the event that you return the goods by exercising your right of revocation [link to "Right of Revocation"]. If you exercise your right of withdrawal, we will also refund the shipping costs.

 

Payment

Payment is made upon delivery by means of

            - Apple Pay

            - Google Pay

            - Credit card

            - Invoice

            - PayPal

            - Klarna

            - Coinbase

 

Late payment

If you are in default of payment, InselDerEnergie GmbH is entitled to charge default interest in the amount of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. If InselDerEnergie GmbH has demonstrably incurred a higher damage caused by default, it is InselDerEnergie GmbH is entitled to assert this.

 

Right of retention

The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

 

Delivery

(1) Delivery shall be made to the delivery address specified by the customer, within

            - Germany
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes the delivery or other service permanently impossible, an obligation to perform on the part of InselDerEnergie GmbH excluded. Already paid amounts will be refunded by InselDerEnergie GmbH immediately refunded.

(3) InselDerEnergie GmbH can also refuse the service, as far as this requires an effort that is grossly disproportionate to the interest of the customer in the fulfillment of the purchase contract, taking into account the content of the purchase contract and the dictates of good faith. Amounts already paid shall be refunded by InselDerEnergie GmbH immediately refunded.

(4) Bulky goods (packages with a larger volume than 1 sqm) are usually delivered by freight forwarding. IslandDerEnergy GmbH expressly points out that these goods are not carried into the house.

 

Favorable shipping method for return

(1) When returning the goods and accessories, please use the original packaging if possible, even if it should be damaged by an opening for functional testing.

(2) Please use the fully stamped and addressed return label enclosed with the delivery of goods for the return. This is the simplest and most cost-effective shipping option. You are under no obligation to use this return method. However, if you choose an unnecessarily expensive shipping method, you may be required to pay us the increased cost compared to a less expensive shipping method.

 

Retention of title

Until full settlement of all claims against the customer arising from the purchase contract, the delivered goods remain the property of InselDerEnergie GmbH. As long as this reservation of title exists, the customer may neither resell nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods.

 

Defect rights

(1) A product which is already defective at the time of delivery (warranty case) shall be InselDerEnergie GmbH at the option of the customer at the expense of InselDerEnergie GmbH by a defect-free one or have it repaired professionally (supplementary performance). The customer is informed that there is no case of warranty if the product had the agreed quality at the time of transfer of risk. A warranty case does not exist in particular in the following cases:

1. a) in the case of damage caused to the customer by misuse or improper use,
2. b) in case of damage caused by the products having been exposed to harmful external influences at the customer's premises (in particular extreme temperatures, humidity, extraordinary physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).

(2) InselDerEnergie GmbH furthermore does not warrant for a failure caused by improper repair by a service partner not authorized by the manufacturer.

(3) If the type of supplementary performance requested by the customer (replacement delivery or repair) requires an effort that is grossly disproportionate to the customer's interest in performance in view of the product price, taking into account the content of the contract and the requirements of good faith - whereby in particular the value of the object of purchase in a defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance can be resorted to without significant disadvantages for the customer - the customer's claim shall be limited to the respective other type of supplementary performance. The right of InselDerEnergie GmbHto also refuse this other type of supplementary performance under the aforementioned condition shall remain unaffected.

(4) Both in the case of repair and in the case of replacement delivery, the customer shall be obliged to return the product at the expense of InselDerEnergie GmbH) under indication of the order number to the return address indicated by it. Before sending in the product, the customer has to remove any objects inserted by him from the product. InselDerEnergie GmbH is not obliged to inspect the product for the insertion of such items. For the loss of such items is liable InselDerEnergie GmbH is not liable for the loss of such items, unless it was known at the time of taking back the product for InselDerEnergie GmbH easily recognizable that such an object has been inserted into the product (in this case informs InselDerEnergie GmbH informs the customer and holds the item ready for the customer to pick up; the customer bears the costs incurred). In addition, before sending a product for repair or replacement, the customer must, if necessary, make separate backup copies of the system software, applications and all data on the product on a separate data carrier and deactivate all passwords. No liability for loss of data will be assumed. Likewise, after the repaired product or the replacement product has been returned to the customer, it is the customer's responsibility to install the software and data and reactivate the passwords.

(5) If the customer sends the goods in order to receive a replacement product, the return of the defective product shall be governed by the following provision: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer shall reimburse the value of the benefits derived by the customer. The customer shall pay compensation for the value of any loss or further deterioration of the goods not caused by the defect and for the impossibility of surrendering the goods not caused by the defect in the period between delivery of the goods and return of the goods. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. Furthermore, the obligation to pay compensation for lost value shall not apply to the return of a defective product in the event of a warranty claim,

1. a) if the defect entitling the customer to withdraw from the contract only became apparent during processing or remodeling,
2. b) if InselDerEnergie GmbH is responsible for the deterioration or the loss or if the damage was also caused by InselDerEnergie GmbH would have occurred,
3. c) if the deterioration or loss has occurred at the customer's premises although the customer has exercised the care that he is accustomed to exercising in his own affairs.

(6) The customer's liability for damages in the event of a breach of the obligation to return the goods for which the customer is responsible shall be governed by the statutory provisions.

(7) The customer may, at its option, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in a condition of the product in accordance with the contract within a reasonable period of time.

(8) In addition, claims against the manufacturer may also exist within the scope of a warranty granted by the manufacturer, which shall be governed by the corresponding warranty conditions.

(9) The statutory warranty of InselDerEnergie GmbH) ends two years after delivery of the goods. The period begins with the receipt of the goods.

 

Liability

(1) In the event of slight negligence, the following shall be liable InselDerEnergie GmbH only in case of violation of essential contractual obligations and limited to the foreseeable damage. This limitation does not apply in case of injury to life, body and health. Badazzo UG (haftungsbeschränkt) is not liable for any other damage caused by slight negligence due to a defect in the purchased item.

(2) Irrespective of any fault on the part of InselDerEnergie GmbH remains a liability of InselDerEnergie GmbHin case of fraudulent concealment of the defect or from the assumption of a guarantee remains unaffected. The manufacturer's warranty is a warranty of the manufacturer and does not represent an assumption of a warranty by InselDerEnergie GmbH represent.

(3) InselDerEnergie GmbH is also responsible for the impossibility of delivery occurring by chance during its delay, unless the damage would have occurred even with timely delivery.

(4) Excluded is the personal liability of the legal representatives, vicarious agents and employees of InselDerEnergie GmbH for damages caused by them due to slight negligence.

 

Applicable law

The contract between you and InselDerEnergie GmbH is exclusively subject to the law of the Federal Republic of Germany under the express exclusion of the UN Convention on Contracts for the International Sale of Goods. This does not affect the mandatory provisions of the state in which you have your habitual residence.

 

Place of jurisdiction

If, contrary to the information you provided when placing your order, you do not have a place of residence in the Federal Republic of Germany, or if you move your place of residence abroad after concluding the contract, or if your place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be [the registered office of the operator of the online store].

 

Dispute resolution

General information requirements for alternative dispute resolution in accordance with Article 14 (1) ODR Regulation and § 36 VSBG (Consumer Dispute Resolution Act):

The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

Final provisions

(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract, insofar as a contracting party is not unreasonably disadvantaged thereby.

(2) Amendments or supplements to this contract must be made in writing.