General Terms and Conditions
General terms of payment and delivery
§ 1. General
The following terms and conditions are valid for all our offers, sales, deliveries and services and become part of the contract. They shall also apply to all future business relations, even if they are not expressly agreed again.
We hereby expressly object to your deviating or supplementary general terms and conditions. They shall not apply even if you have based your order or other declarations on them.
§ 2 Offers and Orders
The product descriptions contained in the store are excerpts from the user manual. This can be viewed in full on our website.
Our offers are subject to change unless they are designated as binding in writing. A valid contract is therefore only concluded by our written order confirmation or at the latest with the delivery of our product.
You are bound to your order for three weeks from receipt of the order. The cancellation policy must be observed.
§ 3 order process
You select the respective product from our store and confirm the transfer to the shopping cart. As soon as the product is in the shopping cart, you can complete the ordering process.
As part of the ordering process, you will be asked to confirm the inclusion of six important regulations:
to have read the general terms and conditions regulated here and to confirm their inclusion
to please have read and accepted the cancellation policy
to have read and accepted the list of negative condition agreements.
To have read and accepted the user manual.
to have expressly agreed to the shortening of the limitation period
the explicit exclusion of a software update obligation
You can then choose one of the offered payment methods.
As a rule, we only handle order processing and contact via e-mail and automated order processing. You must therefore ensure that the e-mail address you provide for order processing is correct, so that our e-mails sent can actually be received by you at this address. Please also check your SPAM filter or SPAM folder carefully so that you can read all e-mails sent in connection with order processing.
§ 4 User Account
When creating a user account, please enter the data required for this purpose. The mandatory fields are marked with an asterisk.
After creating a user account, you will receive an e-mail to the e-mail address you provided with a link for confirmation.
Only after confirmation by selecting this link, you can log in to your user account and order products.
You can thus complete your order by logging in now and triggering the ordering process by selecting the button "order with costs".
You will then receive an order confirmation. This contains the receipt of your order. Please check it again carefully for incorrect entries and contact us immediately if you find any.
§ 5 Guest access
You can also order products by using our guest access. In doing so, you may not be able to access the full range of payment services we use.
You must provide your personal data for each order and then trigger the ordering process by selecting the button "order with costs".
You will then receive an order confirmation. This contains the receipt of your order with the request to confirm it again. Without this confirmation by e-mail, your order cannot be processed. Please check again very carefully at this point whether all your details are correct.
§ 6 Conclusion of Contract
A contract with us is concluded when we send you a separate "order confirmation" together with a shipping confirmation to the e-mail address you have provided, when we deliver your products to you or when we request payment from you (in the case of special payment agreements). Should more than one of these alternatives occur, the earliest of these shall be deemed to be the time of the conclusion of the contract.
You will not receive any further confirmation of the conclusion of the contract. Please save this e-mail for further processing of the contract.
If you do not receive this e-mail within 5 days after receipt of the order confirmation (for purchases with user account) or after confirmation of the order confirmation (for guest access), we ask you to contact us, because in this case the order was not accepted.
§ 7 Prices
The prices are published on our website. They are shown in euros and include VAT. If a VAT statement is desired, we ask for direct contact completion of the order.
Delivery and shipping costs are indicated and calculated separately before the order is completed.
If there are more than 4 months between the day of the conclusion of the contract and the day of our delivery or service, without this being due to a delay in delivery for which we are responsible, and if the price of the ordered delivery or service has changed during this time, we can demand the price valid on the day of delivery instead of the agreed purchase price. In this case, we shall send you a correspondingly amended order confirmation before delivery. In this case you can withdraw from his order with regard to separable parts for which the price has been increased or in the case of indivisibility as a whole. You must then declare the withdrawal in text form no later than on the 5th working day after receipt of the amended order confirmation. Decisive for the timeliness of the declaration is the receipt of the withdrawal by us.
§ 8 Delivery time
All delivery dates stated are non-binding and shall be deemed to have been agreed only approximately, unless they have been expressly designated by us as binding or agreed in writing.
If we are culpably unable to meet an expressly agreed deadline or are in default for any other reason, you shall grant us a reasonable grace period, which shall commence at the earliest upon expiry of the original deadline. After fruitless expiry of this grace period, you shall be entitled to withdraw from the contract.
If performance is temporarily impossible or considerably impeded for us due to force majeure (including embargoes, pandemics, flight cancellations, shipwrecks, train cancellations, delays in border crossing/customs clearance, traffic jams, material shortages on the market) or due to other extraordinary circumstances for which we are not responsible, in whole or in part, the agreed delivery period shall be extended by the duration of the impediment to performance. This also applies to the occurrence of this case at our manufacturer. The same applies to a statutory deadline or a deadline set by you for the performance of the service, in particular for additional periods in the event of delay or rectification of defects/additional delivery.
Before the expiry of the delivery period or performance period extended in accordance with the above provision, you shall not be entitled to withdraw from the contract or to claim damages. If the impediment to performance lasts longer than 4 weeks, both you and we shall be entitled to withdraw from the contract insofar as the specific individual contract has not yet been executed. If you are contractually or legally entitled (e.g. due to loss of interest in the case of fixed contracts) to withdraw from the contract without setting a grace period, this right shall remain unaffected.
In the event of any delay in delivery, insofar as it is not due to intent or gross negligence, claims for damages of any kind shall be excluded. § Section 12 shall apply to this.
In the event of non-availability or only partial availability of the products, we shall inform you immediately and reimburse any payments made in this respect without delay.
§ 9 Dispatch/Place of Delivery
The risk of accidental loss and accidental deterioration of our products shall pass to you upon handover of the product to the delivery company if you purchase our products as an entrepreneur.
If you order our products as a consumer, the risk shall generally pass only upon handover of the product to you or an authorized third party. The risk of accidental loss and accidental deterioration of the product sold shall also pass to you as a consumer if we have handed over the item to the delivery company or any other person designated to carry out the shipment, if you have commissioned this person to carry out the shipment and we have not previously named this person to you.
We are not obliged to provide separate transport insurance. If you wish to have transport insurance, we may take out such insurance and charge you for the costs thereof.
Unless otherwise expressly agreed in writing, we shall be entitled to make partial deliveries to a reasonable extent.
We deliver our products only in the area of the Federal Republic of Germany. For a shipment to another place, we ask you to contact us.
Should the delivery fail and you are responsible for this reason, you shall bear the reasonable costs incurred by us as a result.
§ 10 Availability/Withdrawal
In the event that we are not supplied correctly or properly by our suppliers or manufacturers, we reserve the right to withdraw from the contract. This applies in the event that we ourselves are not at fault.
We will inform you immediately about this circumstance and refund your payments made hereupon without delay.
§ 11 Payment
A shipment of the products takes place only after final receipt of payment by us.
§ 12 Shelf Life Regulations
The batteries supplied have a maximum service life of 1 year. The service life of the rechargeable batteries depends to a large extent on your usage behavior. Strong temperature fluctuations, great heat, great cold, sunlight as well as deep discharging (below 20%) or overcharging (e.g. by driving downhill with a fully charged battery) can lead to a considerable reduction in the durability and service life of the battery.
It is mandatory to observe the care instructions in the user manual.
§ 13 Liability
We are not liable for improper handling or use of our product. Our product may only be operated in accordance with the regulations in our user manual. Our product cannot do everything and may not be used for every purpose. In addition to the user manual, please also observe our listing of the negative quality agreements of our product.
You may only assert claims for damages on the following conditions due to the defect if the defect removal/subsequent performance has failed or the subsequent performance is refused by us. The right to assert further claims for damages under the following conditions shall remain unaffected.
Insofar as we have given an express written guarantee of quality and/or durability with regard to the product or parts thereof, we shall also be liable within the scope of this guarantee. However, we shall only be liable for damage based on the absence of the guaranteed quality or durability, but which does not occur directly to the product, if the risk of such damage is obviously covered by the guarantee of quality and durability.
We shall also be liable for damage caused by simple negligence, insofar as such negligence relates to the breach of such contractual obligations, compliance with which is of particular importance for the achievement of the purpose of the contract (cardinal obligations). shall, however, only be liable insofar as the damage is typically associated with the contract and is foreseeable. We shall not be liable for simple negligent breaches of secondary obligations that are not essential to the contract.
Limitations of liability, relief from liability etc. shall also apply to any personal claims against our employees, representatives and vicarious agents.
The limitation of liability in this paragraph shall apply mutatis mutandis to claims for damages other than contractual claims, in particular claims in tort, with the exception of claims under the Product Liability Act and data protection law in the light of the General Data Protection Regulation. For intentional or grossly negligent breaches of duty and for damages arising from injury to life, limb or health, we shall be liable without limitation in accordance with the statutory provisions. Any further liability is excluded regardless of the legal nature of the asserted claim.
§ 14 Statute of limitations
Claims based on a material defect shall become statute-barred within one year from the statutory commencement of the limitation period.
The statutory limitation periods in the case of grossly negligent or intentional breaches of duty, in the case of injury to life, limb or health, in the case of breaches of cardinal obligations or in the case of claims under the Product Liability Act shall remain unaffected.
The above provisions shall apply mutatis mutandis to claims for damages that are not related to a material defect.
If our products should be regarded as goods with digital elements, we shall comply with the update obligations provided for by law. The duration of our obligation in this regard corresponds to the above provision.
§ 15 Defects/repair services
Insofar as there is a defect in the product for which we are responsible and you demand subsequent performance in good time, we shall be obliged to provide subsequent performance unless we are entitled to refuse subsequent performance on the basis of the statutory provision. You shall grant us a reasonable period of time for subsequent performance for each individual defect so that we can provide you with the product free of defects. We agree that we may in principle specify the reasonable period. We will inform you of this.
We shall perform defect rectification work either ourselves or through competent companies. If our product has to be sent to the manufacturer, we will inform you about this. Due to the fact that the manufacturer is located abroad, we are not able to inform you about or guarantee the time of return at this point. As soon as we receive feedback from the manufacturer, we will inform you immediately in text form.
The supplementary performance can be carried out at our discretion by removal of the defect or delivery of a new product. We shall be entitled to refuse subsequent performance if it is only associated with disproportionate costs. During the supplementary performance, the reduction of the purchase price or the withdrawal from the contract are excluded. A rectification or removal of defects shall only be deemed to have failed after the second unsuccessful attempt. If the subsequent performance or elimination of the defect has failed or if we have refused the subsequent performance altogether, you may, at your option, demand a reduction of the purchase price or declare your withdrawal from the contract. The right to immediately withdraw from the contract in the case of a serious defect in accordance with § 475 Para. 1 No. 3 BGB remains unaffected by this.
Insofar as we provide repair services, these shall in principle only be provided at our registered office. Unless otherwise agreed, you must send the product to be repaired to our registered office at your own expense and risk. Since transport damage is at your expense, we recommend that you take out transport insurance. We will inspect the product upon receipt by us and will notify you immediately of any damaged or insufficient packaging. We will endeavor to provide you with a rough calculation of the costs that may be incurred.
If we are unable to repair the product, we will inform you of this immediately with notification.
You must provide us with all information necessary for the repair or the estimation of the repair costs. This includes, in addition to the exact description of the defect and the circumstances in which the defect occurred, if necessary also photos of our product or the affected part or foreign object.
If you have work carried out on our product, this may only be carried out by the manufacturer or by approved specialist companies. If this is not observed, any operating license of our product and any resulting liability on our part will expire.
§ 16 Retention of title
We retain title to the product (reserved goods) until receipt of all payments under the purchase contract. The delivered products shall not become your property until you have fulfilled all your obligations arising from the business relationship, including ancillary claims, claims for damages.
You are obligated to inform us immediately in text form of all access by third parties, in particular of execution measures as well as other impairments of our property. You are obligated to compensate us for all damages and costs arising from a breach of this obligation and from necessary measures to protect against access by third parties.
If you fail to meet your payment obligation despite a reminder from us, we may demand the surrender of the reserved goods still under ownership without setting a deadline in advance. You will have to bear the transport costs incurred in the process. The seizure of the product by us shall always also constitute a rescission of the contract. We shall then also be entitled to utilize the product accordingly and to offset the proceeds against our outstanding claims.
§17 Place of performance
The place of performance for payments and product deliveries is the registered office of our company.
§ 18 Data processing
§ 19 Place of jurisdiction, prohibition of assignment / offsetting and applicable law
The contractual relationship between us shall be governed exclusively by the laws of the Federal Republic of Germany, even if you have your place of residence or business abroad. The application of the Uniform Law on the International Sale of Goods and the Law on the Formation of Contracts for the International Sale of Goods is excluded. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
You are not entitled to assign claims arising from the purchase contract without our consent. You are only entitled to offset if the counterclaims have been legally established, have been expressly recognized by us in writing or are undisputed. You are only entitled to exercise a right of retention if your counterclaim is based on the same individual contract.
If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for both parties - also for actions on bills of exchange and checks - shall be the registered office of our company. However, we are also entitled to sue you at your general place of jurisdiction.
§ 20 Severability Clause
Should any provision of these General Terms and Conditions of Delivery and Payment be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions of these General Terms and Conditions of Delivery and Payment. In this case, the parties shall agree on a valid clause which they would have agreed if they had been aware of the invalidity or impracticability at the time of conclusion of the contract. The same shall apply in the event of a loophole. It is deemed to be agreed that we may determine this unilaterally (§ 315 BGB).
§ 21 Dispute Resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link.
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.