SEG Sonnenrepublik Energie GmbH
Terms and conditions for private buyers (Germany)
Your contract comes about with
SEG Sonnenrepublik Energie GmbH
10829 Berlin, Germany
Dr. Oliver Lang
Tel.: +49(0)30 55 57 02 83
Commercial register: Amtsgericht Berlin-Charlottenburg HRB 175 797B
Sales tax identification number: DE 287 372 789
1. Area of application
1. Area of application, provider and conclusion of contract.
1.1. These terms and conditions apply for orders consumers (§ 13 BGB) make via the online-shop of SEG Sonnenrepublik Energie GmbH, Wilhelm-Kabus-Strasse 21-35, D-10829 Berlin, Germany, and which are available at http://en.clicc.de .
1.2. The presentation of our products at the online-shop serves for an offer to buy. By clicking the button [Confirm purchase] you make a binding offer to buy.
1.3. The disposal of our products only occurs for the private use in small amounts.
1.4. We can accept your order (see number 1.2.) by sending a confirmation via e-mail or by delivery of the ordered goods (see number 4.). The affirmation of your order will be confirmed by an automated e-mail directly after sending the order and does not constitute an acceptance of contract.
1.5. Should our confirmation contain clerical errors, literal errors or transmission errors due to technical reasons we are authorised to an appeal. Advanced payments which have already occurred will be repaid immediately.
1.6. The wording of contract will not be saved by us.
All of our prices shown on the product sites contain the value added tax of Germany. Other price components are indicated in the legal form.
3. Shipping costs
3.1. For the delivery within Germany we charge all in 4,50 EUR per order. For deliveries in other countries please see: http://en.clicc.de/shipping_costs/.
3.2. For deliveries to foreign countries not belonging to the EU additionally costs accumulate like customs duty, taxes and fees. See additional information at: http://ec.europa.eu/taxation_customs/customs/customs_duties/tariff_aspects/customs_tariff/index_de.htm.
For general information about deliveries to Suisse see: http://xtares.admin.ch/tares/login/loginFormFiller.do.
3.3. As of a contract an order value of at least 60,00 EUR Sonnenrepublik GmbH bears the shipping costs for deliveries within Germany and Austria.
4. Conditions of delivery
4.1. The delivery time averages 10 days after receipt of payment if not specified differently in the offer.
4.2. If we do not have all ordered products in stock we are entitled to partial deliveries at our expense.
4.3. If the delivery of the goods fails despite two successive delivery attempts, we can withdraw from the contract. Payments will be refunded immediately.
4.4. If the ordered product is not available on account of delivery problems of our contractor and without actual fault, we can withdraw from the contract. In that case we will inform you immediately and, if applicable, suggest the delivery of a matchable product. If there is no matchable product or if you do not want to be delivered by a product comparable to the ordered one we will refund, if so, your payments immediately.
5. Conditions of payment
5.1. Payment happens alternatively by advanced payment/bank transfer or via PayPal.
5.2. If you decide for bank transfer we will let you know our bank details with the acceptance of order. The amount invoiced has to be transferred within 7 days.
6. Reservation of proprietary rights
The goods remain our property until full payment. Before transfer of ownership a pledge, chattel mortgage, processing or transformation is not allowed without our consent.
7. Right of withdrawal
7.1. If you exercise your legal right of withdraw (see the following information of the right of cancellation), you have to bear the costs of returning the goods, if the delivered goods correspond to the ordered and if the purchasing price is lower than 60,00 Euro or, in case of a higher price of the good at the time of withdraw, if you did not pay for it fully or partially if this was contractually agreed. Otherwise the return is free for you.
7.2.Information of the right of cancellation of consumers (§ 13 BGB):
You can withdraw your contract within 14 days without giving reasons. This has to take place in text form (letter, email). You can also send back the goods to withdraw the contract within 14 days. The time limit begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient and also not before fulfillment of our information obligations pursuant to article 246 § 2 in conjunction with § 1 and § 2 EGBGB and our obligations under § 312g paragraph 1 phrase 1 BGB in conjunction with article 246 § 3 EGBGB. To keep the right of cancellation it is sufficient to send the revocation or the goods betimes.
The revocation should be addressed to:
SEG Sonnenrepublik Energie GmbH
D-10829 Berlin, Germany
Consequences of revocation
In case of an effective withdrawal, the mutually received benefits are to be returned as well as any uses (e.g. interest). If you cannot give us back or surrender the received performance and benefits (e.g. benefits of use) in total or only partially or in deteriorated condition, you must pay us compensation. For the deterioration of the good you must pay compensation only if the deterioration is due to a deal with the good that exceeds beyond the characteristics and functioning. “Testing the properties and function” means testing and trying out the good as it is possible and customary in store.
Goods which can be send by parcel are to be returned a tour risk. You have to bear the costs of returning the goods if the delivered goods correspond to the ordered. Goods that cannot be send by parcel are picked up. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your revocation or the goods, for us with their reception.
Your right of cancellation expires prematurely if the contract is completely fulfilled by both parties upon your explicit request before you have exercised your right of revocation.
End of cancellation policy
8.1. We exclude our liability for slightly negligent breaches of duty unless fundamental contractual obligations (cardinal obligations), damages resulting from injury to life, body or health or guarantees or claims under the Product Liability Act are affected. Significant contractual obligations are those whose fulfillment enables the proper execution of the contract and whose fulfillment you can rely on.
8.2. The same applies for any of our auxiliary persons and legal representatives.
9. Final clause
9.2. If any provision of these Terms and Conditions should be invalid, the rest of the contract remains effective. Instead of the invalid provision, the relevant statutory provisions apply.
9.3. The law of the Federal Republic of Germany applies, excluding the provisions of UN purchasing law (CISG) and except for the conflict of law rules of the German international private law (EGBGB).
9.4. If you are an entrepreneur or if you do not have general jurisdiction in Germany or another EU Member State or if you transferred your residence abroad after the validity of these general terms and conditions or if your domicile or habitual residence upon filing an action is not known, the exclusive jurisdiction is the headquarters of the SEG Sonnenrepublik Energie GmbH.