Terms of Service

General Business Terms for our Online-shop
Contractual Terms and Conditions for purchase contracts concluded via the http://shop.solar-log.com platform (hereinafter referred to as “Online-Shop”)

 between

 
Solare Datensysteme GmbH,
Fuhrmannstr. 9
D-72351 Geislingen-Binsdorf
Telefon: +49 7428-9418-200
Telefax: +49 7428-9418-280
E-Mail: Contact us

 

entered into the company register kept by the District Court of Stuttgart under
number HRB 722895,
represented by Dr. Frank Schlichting and Renato Sturani,
VAT ID: DE 253 693 602
- hereinafter referred to as the “Vendor” -

 

and

 

the customers specified in § 2 below – hereinafter referred to as „Customer“ -

 

§ 1 Scope of application, definitions

(1) The business relationship between the Vendor and the Customer concluded via our Online-Shop is governed solely by the following General Business Terms in the version applicable at the time of placing the order. Any deviating terms and condi-tions of the Customer are not accepted unless the Vendor has expressly consented to their validity in writing.

(2) The Customer is regarded as a consumer unless the ordered goods and services are used mainly for the purpose of his business activity or activity as a self-employed person. By contrast, any natural person or legal entity or legally capable partnership that concludes a contract as part of its business activity or activity as a self-employed person is regarded as an enterprise.

 

§ 2 Conclusion of a contract

(1) The Customer can choose products from the range of products offered by the Ven-dor, including but not limited to data loggers and accessories, and place these prod-ucts into the so-called shopping basket by clicking the “ Add to Basket” [“In den Warenkorb“] button. By clicking the “Finalise order” [“Zahlungspflichtig bestellen“] button, the Customer places a binding offer to purchase the items that are in the shopping basket. Before sending the purchase order, the Customer may access and change the data at any time. However, the Customer can only place and send the offer if he accepts the Contractual Terms and Conditions in the version applicable at the time of placing the order and, by doing this, makes them part of his offer.

(2) As a response, the Customer receives from the Vendor an automatic receipt confir-mation email with a list of the items ordered by the Customer. The Customer can print the confirmation using the “Print” [„Drucken“] function. The automatic receipt confirmation only confirms that the Customer’s order has been delivered to the Ven-dor and does not constitute an acceptance of the offer. The contract is concluded only when the Vendor accepts the offer in a separate email (order confirmation). In that or in another separate email, however not later than when the ordered goods are delivered, we will send the Customer the text of the contract (consisting of the order, GBT and order confirmation) on a permanent data carrier (email or hardcopy) (contract confirmation). The text of the contract is stored in compliance with the data protection requirements.

(3) The contract is concluded in the German language.

 

§ 3 Delivery, availability of goods

(1) Delivery times specified by us are calculated from the time we confirm your order. conformation, provided that you earlier paid the purchase price (this does not apply to purchases on account).

(2) If the chosen product is not available at the time of placing the order by the Custom-er, the Vendor immediately informs the Customer about this fact in the order confir-mation. If the product is permanently unavailable, the Vendor will not accept the of-fer. In such a case, no contract is concluded.

(3) If the product specified in the Customer's order is only temporarily unavailable, the Vendor will also immediately inform the Customer about his fact in the order confir-mation. If the delivery is delayed by more than two weeks, the Customer will be enti-tled to withdraw from the contract. This does not affect the Customer’s statutory right to withdrawal (see §9 of these Contractual Terms). Apart from that, also the Vendor will be entitled to withdraw from the contract in such a case. In doing this, the Ven-dor will immediately return to the Customer any advance payments already made by the Customer.

 

§ 4 Retention of title

(1) The Vendor retains the ownership of delivered goods until the sums owed for those goods are paid in their entirety.

(2) The Customer is obliged to handle the goods with care.

(3) The Customer is obliged to immediately notify the Vendor of any third party access to the goods, e.g. in the case the goods are seized, damaged or destroyed.

(4) The Customer is entitled to resell the goods in the regular course of its business. The Customer assigns already now to the Vendor all receivables from third parties arising from the resale in the amount of the invoice price. The Vendor accepts the above assignment. By virtue of the assignment, the Vendor is entitled to collect the receivable amount. The Vendor reserves the right to collect the receivable amount by itself as soon as the Customer does not properly fulfil its payment obligations and defaults on payment.

 

§ 5 Prices and costs of delivery

(1) All prices listed in the Vendor’s Online-Shop include applicable statutory VAT.

(2) The order form provides details on the costs of delivery and such costs are to be borne by the Customer unless she exercises her right of revocation.

(3) The goods are shipped by post. The Vendor bears the risk of loss or damage during shipment if the Customer is a consumer.

(4) If the Customer revokes the order, he bears the direct costs of returning the goods.

 

§ 6 Payment terms

(1) The Customer can pay by wire transfer, direct debit, EC Maestro or credit card or via PayPal.

(2) The purchase price is payable immediately upon concluding the contract.

(3) The Customer’s obligation to pay default interest does not exclude the Vendor’s right to claim further damages for delay.

 

§ 7 Software licences

(1) The Vendor grants the Customer the non-exclusive right to use the delivered soft-ware together with related documentation exclusively for the operation of the hard-ware designed for it. The licence is granted for the agreed period of time. If no such agreement exists, the licence is granted for an indefinite period. The Customer is not allowed to reproduce, change, supplement, compile or recompile the software entire-ly or in part. The software and documentation may be copied only for archiving pur-poses or for purposes to which the Vendor expressly consented in writing. All copies must contain the same copyright notice as the original items.

(2) The aforementioned stipulations also apply to changes or supplementations of the software or the documentation, if any. In the case that the delivered items are trans-ferred to a third party, the Customer shall impose the aforementioned obligations to such third party.

 

§ 8 tatutory warranty, guarantee

(1) The Vendor is liable for material defects according to the applicable statutory provi-sions, in particular §§ 434 et seq. BGB [German Civil Code].

(2) Goods delivered by the Vendor are covered by an additional guarantee only if such guarantee is expressly included in the offer describing the respective item.

 

§ 9 Liability

(1) Compensation claims of the Customer are excluded. This does not apply to claims for loss or damage caused to the Customer in relation to an injury to life, limb or health or violation of essential contractual obligations (cardinal obligations) and to liability for any other damage arising from intentional or grossly negligent violation of duties by the Vendor, its legal representatives or vicarious agents. Essential contrac-tual obligations are obligations that must be fulfilled for the objective of the contract to be achieved.

(2) In the case of violating essential contractual obligations, the Vendor’s liability will be limited to foreseeable damage typical of the contract, if the damage was caused through simple negligence, unless the Customer claims damages arising from an injury to life, limb or health.

(3) The limitations under clauses 1 and 2 also apply to the legal representatives and vicarious agents of the Vendor if claims are asserted directly against same.

(4) The product liability regulations will remain unaffected.

(5) The Customer is obliged to comply with the use and safety instructions attached to the product. The Vendor hereby informs the Customer that the products should be installed by a specialist. The Vendor is not liable for damage that occurs due to or in connection with defective or insufficient installation or maintenance of the products. Moreover, the Customer is responsible for securing his own data.

(6) For the performance of its services, the Vendor uses, amongst others, data and in-formation procured from third parties without warranty that such data and infor-mation have specific properties and quality features. The Vendor is not liable for the completeness and correctness of such contents. The Vendor delivers data from dif-ferent information sources without having any influence on the quality and availa-bility of data coming from those sources. Weather data are delivered exclusively as part of the Customer’s business operations. Any use of the data for other commercial purposes or transfer of the data to third parties is not allowed and requires a separate written agreement.

(7) With regard to services in the area of feed-in management/direct marketing, the Vendor is not liable for events or circumstances beyond its sphere of influence, as e.g. the correctness of control commands of an energy supplier or direct sell-er/system supplier, non-compliance with forwarded control commands, hardware or software failures at a plant operator’s site or switching operations at the end custom-er’s site. Any liability for damage caused by such events and circumstances as e.g. loss of revenue, network instability, damage to parts of a customer plant, as e.g. an inverter, is expressly excluded.

 

§ 10 Information on the right of revocation

(1) As a rule, consumers have a statutory right of revocation when concluding distance selling contracts; below is the Vendor’s information on this right drawn up according to the legal requirements. The exceptions from the revocation right are included in clause (2). Clause (3) provides a sample revocation form.

Information on the right of revocation

 

Right of revocation

You are entitled to revoke this contract within 14 days without giving reasons.

The revocation deadline is 14 days from the day on which you or a third party named by you, other than the carrier, took possession of the goods.

To exercise your right of revocation, you must inform us (Solare Datensysteme GmbH, Fuhrmannstr. 9, D-72351 Geislingen-Binsdorf, phone: +497428-9418-200, fax: +497428-9418-280, email: info@solar-log.com) ) about your decision to revoke this contract by making an explicit declaration (e.g. by sending a letter by post, telefax, email or using the form published on our homepage). You can use the attached sample revocation form for this purpose, but the use of this form is not mandatory.

In order to keep the revocation deadline it is sufficient to send the information about the exercise of the revocation right before the end of the revocation deadline.

 

Consequences of revocation

If you revoke this contract, we will have to return all and any payments received by you, including but not limited to all delivery expenses (except for additional costs resulting from your choice to use a delivery service other than the cheap standard delivery service offered by us) immediately and not later than within 14 days from the day on which we received your notice about the revocation of this contract. We will refund the above expenses using the same means of payment as you used for the original transaction unless expressly agreed otherwise with you; in no case will we charge you a fee for this refund.

We will be entitled to withhold a refund till we receive the returned goods or till you have proved that you returned the goods, depending on which occurs first.

You shall send or deliver the goods back to us immediately and in any case not lat-er than within 14 days from the day on which you informed us about the revocation of this contract. In order to keep the deadline it is sufficient to send the goods before the end of the 14-day deadline.

You shall bear the direct costs of returning the goods.

You will be liable for any loss of value of the goods only if such loss of value results from handling the goods in a way that is not necessary for the testing of the quality, properties and functionality of the goods.

 

(2) No right of revocation exists in respect of contracts for delivery of non-prefabricated goods whose production is essentially based on the Customer’s individual selection or instruction or contracts that have been clearly customised to the individual needs of the consumer.

(3) According to the statutory provisions, the Vendor informs the Customer about the sample revocation form as follows:

 Sample revocation form

(If you wish to revoke the contract, please fill in this form and send it back to us.)

 

- An:
Solare Datensystem GmbH
Fuhrmannstr. 9
D-72351 Geislingen-
Binsdorf
Telefax: +49 7428-9418-280
E-Mail:
info@solar-log.com

 

-     I / we revoke the contract concluded with you for the purchase of the fol-lowing goods/the performance of the following services

__________________________________________

-     Ordered on / received on

_________/___________

-      Name(s) of the consumer(s)

_____________________________

-     Postal address of the consumer(s)

_____________________________

_____________________________

-     Consumer’s(‘) signature

_____________________________

-     Date

_____________________________

 

 

§ 11 Final provisions

(1) Contracts between Vendor and Customers shall be governed by the law of the Fed-eral Republic of Germany excluding the United Nations Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular the provi-sions of the country in which the Customer being a consumer has his habitual abode, will remain unaffected.

(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relation-ships between the Customer and the Vendor shall be the Vendor's registered office.

(3) Should individual provisions of this contract concluded with the Customer, includ-ing these Conditions, be or become wholly or partly ineffective, the effectiveness of the other provisions shall not be affected as a result thereof. The ineffective provi-sions shall be replaced by the statutory provisions, if in place.

(4) Additional agreements, modifications and amendments must be made in writing; this also applies to the written form requirement.

(5) Unless otherwise agreed in writing in this General Terms and Conditions (GTC), declarations and notifications submitted by e-mail to the parties involved meet the written form requirement.

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