Conditions

§ 1 scope
(1) These general terms and conditions (hereinafter referred to as "GTC") apply to all orders that you (hereinafter referred to as "customer") place via our online shop on the website. "https://energy-tube.de" represents an activity and product area Energy Sales GmbH & Co. KG (hereinafter referred to as "provider"). The contractual partner is for every order that has been sent or placed.


(2) Offers on our website, orders, corresponding deliveries and other services are made exclusively on the basis of the present General Terms and Conditions in the version valid at the time the contract is concluded. The provider does not recognize deviating conditions of the customer unless it has expressly agreed to their validity.

(3) The currently valid terms and conditions can be called up at any time via the link at the bottom of the page and - if necessary with a view to environmental protection - can be printed out. The customer is informed of these terms and conditions during the ordering process and in the order confirmation email.


§ 2 subject matter of the contract

The subject of the contract is exclusively the ordered product (s) with the properties and features of the supplier's product description.

§ 3 conclusion of contract

(1) The products presented by the provider in the online shop do not constitute a binding application to conclude a purchase contract (offer), but rather merely an invitation to submit an offer (so-called invitatio ad offerendum).

(2) The customer can individually select the products from the supplier's range and place them in a digital shopping cart using the “Add to shopping cart” button. The shopping cart and the current subtotal of the order process can be called up at any time at the top right of the page. After completing the product selection, the customer can click on the “To the shopping cart” button to access a summary of the selected items, whereby the customer has the option of removing products, adjusting quantities, redeeming a voucher code and entering comments on the order, for example. Via the “Next step” button, the customer arrives at a form in which he can enter the personal delivery and invoice data required to process the order. In a further step, the customer can select the payment method taking into account the respective instructions. With the button "Next step" the customer finally gets a complete overview of his order stating the total costs including any shipping costs and sales tax (VAT), whereby all details of the order can still be changed or adjusted at this point in time.

(3) The legally binding order for the goods in the shopping cart is triggered when the customer clicks the “Order for a fee” button in the last step. The offer can only be submitted and transmitted if the customer has previously taken note of the present terms and conditions, the important notes and information on the right of withdrawal and data protection, accepted and thereby included them in his offer.

(4) The customer will be informed immediately by email of the receipt of his order (confirmation of receipt). The confirmation of receipt takes place automatically and only documents that the customer's order has been received by the provider. It does not yet constitute a declaration of acceptance.

(5) The purchase contract between the customer and the provider - regardless of the selected payment method - only comes into effect when the goods are dispatched (declaration of acceptance).

(5) The conclusion of the contract and all selection and ordering steps leading to the conclusion of the contract are carried out in German.


§ 4 right of withdrawal of consumers

(1) If the customer places an order as a consumer within the meaning of Section 13 of the German Civil Code (BGB), he has a right of revocation with regard to the declaration made (see Section 3 (3) of these GTC). The customer can view or call up the cancellation policy and a cancellation form at any time under "Here to the cancellation form" or by using the corresponding link at the bottom of the page. The customer cannot place an order without expressly confirming that he has taken note of the information about the right of withdrawal.

(2) A consumer within the meaning of Section 13 of the German Civil Code (BGB) is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.


§ 5 Prices / Payment / Retention of Title

(1) All prices given by the provider are final prices in euros. They contain the applicable statutory sales tax (VAT) and other price components and do not include any shipping costs.

(2) The customer can call up information on shipping costs at any time at the bottom of the page under the links "Shipping costs" or "Terms of delivery and payment". The shipping costs are also shown transparently and unambiguously to the customer on the respective product pages as well as during the ordering process.

(3) The customer can currently pay the purchase price via PayPal (and the means of payment specified there). The customer can call up relevant information on this at any time via the link "Terms of delivery and payment" at the bottom of the page.

(4) The goods ordered remain the property of the provider until the purchase price has been paid in full by the customer.

(5) Should a product / products not be available - see Section 6 (2) of these terms and conditions, any payment already made by the customer will be reimbursed immediately.


§ 6 delivery

(1) Unless otherwise agreed between the provider and the customer, delivery is made from the warehouse to the delivery address specified by the customer, whereby deliveries are currently only possible within Germany.

(2) The delivery time can be seen from the item description and is understood from the time the order is placed. Should it be foreseeable that the delivery will take a longer period of time due to circumstances for which the provider is not responsible, e.g. B. due to force majeure or other unforeseeable, extraordinary circumstances, the provider undertakes to inform the customer in a suitable form and immediately.

(3) The provider is entitled to make partial deliveries. Any additional shipping costs incurred due to partial deliveries will be borne by the provider.

(4) If goods are delivered with obvious transport damage, please report such errors to the deliverer immediately and contact us as soon as possible.


§ 7 Offsetting / Right of Retention

The customer is only entitled to offset if his counterclaims have been legally established or have not been disputed / recognized by the seller. The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.


§ 8 Material defects / warranty

The provider is liable for material defects in accordance with the applicable statutory provisions.


§ 9 liability

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damage based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of essential contractual obligations, the provider is only liable for the foreseeable damage typical of the contract, if this was caused simply by negligence, unless the customer is entitled to claims for damages resulting from injury to life, limb or health.

(3) The restrictions of paragraphs (1) and (2) also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

(4) The provisions of the Product Liability Act remain unaffected.


§ 10 Special provisions for entrepreneurs

If the customer is an entrepreneur within the meaning of § 14 BGB, the following applies in addition to the other provisions of these terms and conditions:

(1) Supplement to § 8 - Material defects / warranty:

- Only the supplier's own information and the manufacturer's product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer and / or third parties.

- The entrepreneur is obliged to examine the goods immediately and with the necessary care for deviations in quality and quantity and to notify the seller of obvious defects within 7 days of receipt of the goods.
Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects found later from their discovery. In the event of a breach of the duty to examine and notify, the assertion of warranty claims is excluded.

- In the event of defects, the provider guarantees, at its option, either repair or replacement (supplementary performance). In the event of repairs, the provider does not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.

- If the supplementary performance fails twice, the entrepreneur can, at his option, request a reduction in price or withdraw from the contract.

- The warranty period is one year from date of delivery.

(2) Supplement to Section 5 Paragraph 3 - Retention of Title

- The provider reserves ownership of the goods until all claims from the current business relationship have been settled in full. Pledging or security transfer is not permitted prior to the transfer of ownership of the reserved goods.

(3) Other provisions

- The entrepreneur may resell the goods in the ordinary course of business. In this case, the same assigns all claims in the amount of the invoice amount that arise from the resale to the provider. The provider accepts the assignment, whereby the entrepreneur is authorized to collect the claims. If the company does not properly meet its payment obligations, the provider reserves the right to collect claims itself.

- If the reserved goods are combined and mixed, the provider acquires co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

- The provider undertakes to release the securities to which we are entitled on request insofar as the realizable value of their securities exceeds the claims to be secured by more than 10%. The provider is responsible for selecting the securities to be released.


§ 11 data protection

(1) The provider undertakes to treat the customer's data collected as part of the processing of contracts in accordance with the currently applicable data protection regulations (in particular the Federal Data Protection Act, Teleservices Data Protection Act and Telemedia Act) confidentially and only to use them in the context of order processing.

(2) With regard to information relevant to data protection law as well as the customer's consent, reference is hereby made to the content of the provider's data protection declaration, which can be called up in printable form on the website at any time using the "Data protection" button at the bottom of the page. It is not possible to place an order without the corresponding consent of the customer.


§ 12 final provisions

(1) Should one or more provisions of these terms and conditions be or become ineffective, this shall not affect the validity of the remaining provisions.

(2) The material law of the Federal Republic of Germany applies, excluding the application of the UN sales law.

(3) If the customer is a merchant, legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is Schwäbisch Gmünd.