General terms and conditions
General online shop terms and conditions
of KOSTAL Solar Electric GmbH
I. Scope of application
These General Terms and Conditions apply to all orders made through the online shop of KOSTAL Solar Electric GmbH by consumers or entrepreneurs (hereafter “Customers”). Consumers as defined by these General Terms and Conditions are any natural persons who conclude a legal transaction toward a purpose that cannot primarily be assigned to either their commercial nor their self-employed activity. Entrepreneurs as defined by these General Terms and Conditions are natural persons or corporate bodies, or business partnerships having legal capacity that act in the capacity of their commercial or self-employed activity when concluding legal transactions.
These General Terms and Conditions also apply to future orders in the online shop by entrepreneurs without repeated express reference to this being made.
Any General Terms and Conditions contradicting or deviating from these General Terms and Conditions, as well as any provisos or expressions of contradiction on the part of the Customer are also then not a component of the contract when KOSTAL Solar Electric GmbH (hereinafter “KOSTAL”) doesn’t expressly contradict them or executes orders of the customer unreservedly.
II. Order, concluding of contract
Contractual partner in the event of the concluding of a contract is
KOSTAL Solar Electric GmbH
Fax: +49 (0)761 47744-111
Sales tax ID: DE 253 130462
The representation of goods and services in the online shop or at websites of KOSTAL does not represent a binding offer. Rather, it is exclusively a non-binding prompt to Customers to submit a binding offer to purchase (order).
A valid contract comes into effect following the order through the sending of an order or shipping confirmation to the Customer.
The language of the contract is English.
All prices provided in the online shop include the statutory value added tax in Germany. Added to this are any shipping costs.
IV. Payment terms
Customers have the following modes of payment at their disposal in the online shop:
- Sofortüberweisung (immediate transfer): The total amount of the order is transferred immediately to KOSTAL. To this purpose, a separate payment form of the Sofort AG opens upon conclusion of the placement of an order, through which the transfer is processed. The access data for online banking of the Customer are necessary for this. The availability of this mode of payment can depend upon the respective credit institute of the Customer.
- Paydirekt: The total amount of the order is transferred immediately to KOSTAL. To this purpose, a separate payment form opens upon conclusion of the placement of an order, into which the access data is entered. The use of this method of payment requires the support and approval of the respective credit institute of the Customer and corresponding registration.
- Paypal: The total amount of the order is paid to KOSTAL through the online provider Paypal. To this purpose, a separate payment form of the payment service provider opens upon conclusion of the placement of an order. The use of this method of payment requires prior registration and the corresponding access data.
- Credit card (VISA, Mastercard): The total amount of the order is charged to the provided credit card account. Charging takes place at the point in time at which the goods are forwarded for shipping.
- Invoice: The payment of the purchase price is due immediately following delivery and invoicing. KOSTAL reserves the right in individual cases to deliver and invoice only following the provision of proof of creditworthiness.
Any costs or fees charged directly to the Customer by way of the respective payment service provider are to be borne exclusively by the Customer.
V. Delivery conditions
Any shipping costs arising in addition to the product prices indicated in the online shop are to be borne by the Customer. The amount of the shipping costs is to be indicated appropriately prior to submission of the order.
Shipment is made only to the delivery address indicated by the Customer.
Partial deliveries are principally possible when these are not deemed in advance to be unacceptable for the Customer or when a complete delivery has been agreed upon in advance.
In the event of delivery of goods with externally detectable damage, these are to be complained of to the deliverer as quickly as possible and KOSTAL is to be informed.
VI. Consumer right of cancellation
Consumers are entitled to the statutory right of cancellation as represented in the cancellation policy. You can find our cancellation policy here.
VII. Warranty, guarantees
Insofar as nothing deviating is listed in the following, the statutory warranty regulations apply.
With regard to entrepreneurs, KOSTAL has the right to provide cure through subsequent improvement or replacement delivery at its discretion.
With regard to entrepreneurs, only the product descriptions in the online shop apply as an agreement on the quality of the goods. Public statements, blurbs or advertising do not represent a guarantee of quality.
Deviating rights or rights extending beyond the statutory warranty provisions may only be asserted for written guarantee agreements of KOSTAL. In such a case, these special guarantee provisions apply.
In the case of slightly negligible breach of an obligation, the observance of which the Customer should be able to rely upon, and the fulfilment of which in fact makes the proper implementation of the contract possible (cardinal obligation), the duty of replacement is limited to such damages as must be typically anticipated in the context of the existing contractual relationship (foreseeable damage typical of the contract). Liability for damage due to slight negligence is otherwise excluded.
KOSTAL is also unrestrictedly liable for damages caused intentionally or due to gross negligence by KOSTAL or by legal representatives, senior staff or vicarious agents of KOSTAL, as is the case with bodily injury. KOSTAL also assumes unrestricted liability when the scope of application of the Product Liability Act assumes relevance.
IX. Retention of ownership
KOSTAL retains ownership of the delivered goods until complete payment of the purchase price.
With regard to entrepreneurs, KOSTAL retains ownership of the goods until complete settlement of all claims from the ongoing business relationship. The entrepreneur is authorised to sell the delivered goods in the course of normal business operations. All claims arising from the sale are already now abdicated to KOSTAL to the amount of the open invoice amount, whereby KOSTAL accepts this abdication. This also applies in connection with a real estate property. The entrepreneur is also further authorised and obligated to collect the owed amount following abdication. However, KOSTAL reserves the right to collect the amount owed itself in the event of default on payment on the part of the entrepreneur.
If the object of purchase is linked inseparably with other objects, KOSTAL shall acquire co-ownership of the new object in proportion with the value of the goods delivered for the new object. An assignment as security or pledging of the new object is not permitted.
X. Online dispute resolution / consumer arbitration
The European Commission provides a platform for online dispute resolution, which you can find here http://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform for resolving their disputes.
KOSTAL is not obligated to participate in dispute resolution proceedings before a consumer arbitration instance, and is principally not prepared to participate in such.
XI. Final provisions
Should individual provisions of these General Terms and Conditions be or subsequently become entirely or partially legally invalid, the validity of the contract is otherwise not affected.
These General Terms and Conditions and other contracts are subject to German law. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.
If the Customer is a businessman, a special fund under public law or a corporate body under public law, the exclusive legal venue is Freiburg/Breisgau, insofar as another legal venue is not enforced by law. However, KOSTAL is also authorised to present claims made of the customer at its general legal venue.