AGB Sonnen-Energie Allgäu GmbH
1.0 Scope of application
1.1.
The following General Terms and Conditions (GTC) apply to all legal transactions with
buyers, end users/consumers, clients ("customers"), in particular for
Deliveries, services and offers of Sonnen-Energie Allgäu GmbH ("Seller").
1.2 In the case of legal transactions with consumers, the statutory provisions shall take precedence over the GTC.
before.
1.3.
The current version of the GTC will be provided when the order is placed
and accepted in the course of placing the order. The GTC shall also apply without express
Reference for further orders and order extensions.
1.4 The current version of the GTC can be viewed on the homepage at any time.
1.5 Deviating terms and conditions of the customer require the express written consent of the customer.
Consent of the seller.
1.6.
By accepting an offer, placing an order and in particular by
acceptance of a service of any kind, the customer recognises the General Terms and Conditions of Sonnen-
Energie Allgäu GmbH.
2.0 Offers
2.1.
Offers made by Sonnen-Energie Allgäu GmbH are non-binding and do not imply any
Obligation to accept orders. The offers are non-binding according to the
contractual agreement.
2.2.
Indicative prices submitted in the run-up to a project are communicated in writing and are
clearly labelled (e.g. cooperation proposal, "non-binding", target price, etc.). They are
are non-binding and may differ from the actual price.
2.3 The presentation of the products in the online shop does not constitute a legally binding offer,
but only an invitation to order ("invitatio ad offerendum").
2.4.
In the event of technical changes, further developments or delivery problems on the part of
of the original producer, we reserve the right, insofar as this is reasonable for the contractual partner or
technically and objectively justified, adequate, objectively and technically equivalent
products. A separate order confirmation by the customer is required.
for this.
2.5.
Errors or inadvertently incorrect price information in contracts and other documents
Advertising materials are to be provided to the customer by Sonnen-Energie-Allgäu GmbH.
as quickly as possible. The customer shall be given a period of 2 weeks to notify the
to submit a new order.2.6.
The seller reserves the right, in the event of insufficient creditworthiness on the part of
of the customer or other justified doubts without compensation from the contract
to withdraw from the contract. The customer shall be given the opportunity to prove the contrary.
3.0 Conclusion of contract/ contractual partner
3.1.
The purchase contract is concluded with: Sonnen-Energie Allgäu GmbH Owner Draspong
Suwankoson Mittagstraße 19b, 87527 Sonthofen Commercial Register: Local Court Kempten/
HRB: 16067.
3.2.
By clicking on the button [Buy / order for a fee] you give a binding confirmation of your order.
order the goods listed on the order page. Your purchase contract is concluded,
when we confirm your order by e-mail after receiving your order confirmation.
Accept order.
3.3.
By signing the offer or otherwise confirming the order in writing
a contract is concluded. The contract is deemed to have been concluded when both
contractual partners have confirmed their express written consent.
4.0 Right of cancellation/ cancellation policy
4.1 As a consumer, you have the right to withdraw from the contract within fourteen days without giving reasons.
to cancel this contract.
4.2.
The cancellation period is fourteen days from the day on which you or one of your
third party other than the carrier has taken possession of the goods, or
has.
4.3.
To exercise the right to cancel, you must inform us, Sonnen-Energie Allgäu GmbH, Inh.
Draspong Suwankoson Mittagstraße 19b 87527 Sonthofen Phone: +49 (0) 157 819 282 36 E-
Mail: meine@sonnen-energie.de by means of a clear statement (e.g. a letter sent with the
letter or e-mail) of your decision to withdraw from this contract.
revoke your consent. You can also make your unequivocal declaration on our website
Sonnen-Energie.de electronically and send it to us. Make use of this
option, we will immediately send you a confirmation of receipt of your request.
of such a cancellation.
4.4 In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the
cancellation right before the cancellation period expires.
4.5.
Consequences of cancellation
If you cancel this contract, we will have refunded you all payments that we have received from you.
including the delivery costs (with the exception of the additional costs incurred by the customer).
result from the fact that you have chosen a different type of delivery than the one offered by us,
the most favourable standard delivery), without delay and at the latest within fourteen
days from the date on which the notification of your cancellation of this agreement was received.
contract has been received by us.
For this repayment, we will use the same means of payment that you used for the
original transaction, unless an explicit agreement has been made with you.
otherwise agreed; under no circumstances will you be charged any fees for this repayment.
We can refuse the refund until we have received the goods back,
or until you have provided proof that you have returned the goods, depending on
depending on which is the earlier point in time
You have to return the goods immediately and in any case within fourteen days from
the day on which you inform us of the cancellation of this contract, to us
to be returned or handed over.
The deadline is met if you dispatch the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss
loss of value on a vehicle used for testing the condition, properties and functionality
of the goods is not necessary handling with them.
You only have to pay for any loss in value of the goods if this loss
loss of value on a vehicle used for testing the condition, properties and functionality
of the goods is not necessary handling with them.
5.0 Prices
5.1.
Unless otherwise agreed, prices are ex warehouse and are exclusive of VAT.
Value added tax is to be understood. The value added tax is not included in our prices, it
unless it is shown separately. All prices are non-binding.
5.2.
The prices stated on the product pages of our online shop include the statutory VAT.
VAT and other price components, however, are exclusive of VAT.
Shipping costs. These will be charged additionally and listed on the invoice.
5.3 Price adjustments may occur. The customer will be informed accordingly.
5.4.
Our prices refer to the costs at the time of the initial quotation.
Should the prices of our suppliers change in the period between the submission of the offer and
order, this may also lead to price adjustments.
5.5.
Repairs and/or services are handled separately. The expense for the
Preparation of corresponding offers or related activities
(inspections, cost estimates, etc.) will be charged to the customer.
6.0 Payment
6.1 Payment for purchases in our online shop must always be made in advance.
6.2.
Invoices issued by us have a payment term of 10 days after the invoice date
without deduction. If the deadline is exceeded, interest on arrears and reminder fees will be charged.
in accordance with the relevant legal provisions. Possible increased
Bank interest may also be charged to the customer within the scope of the statutory obligation.
be offset.
6.3.
If no further terms of payment have been agreed in the offer, 30% of the costs shall be payable at
signing the contract, 30% on receipt of the goods, a further 30 % before the start of installation and
the remaining 10% after the service has been rendered to the business account of Sonnen-
Energie Allgäu GmbH. The customer's payments are only deemed to have been made when
the amount has been received in the seller's business account and is available. The
Sonnen-Energie Allgäu GmbH has the right, at the beginning of the provision of services, to
wait until the agreed down payment has been received.6.4.
If the customer disregards agreed payment deadlines, Sonnen-Energie Allgäu GmbH shall be
entitled to cancel the entire payment/service, irrespective of the agreed
contractual framework conditions or to cancel the contract.
In addition, all services provided by Sonnen-Energie Allgäu GmbH can be cancelled immediately.
and a partial invoice for the services rendered.
6.5.
Completed and commissioned services (ordering of materials,
assembly, return, transport, coordination and handling costs, etc.) can be
be charged to the customer. This applies in particular in the event that
unfavourable economic circumstances on the part of the customer (see 2.6).
7.0 Ownership and transfer of risk
7.1.
All goods remain the property of Sonnen-Energie Allgäu until full payment has been received
GmbH. In particular in the event of insolvency, bankruptcy, seizure or any other
other impairment of our rights, the customer must inform Sonnen-Energie Allgäu GmbH
immediately. In addition, we are granted the right to segregation.
7.2.
In the case of corporate customers, our claims may not be offset against
customer claims (offsetting prohibition). Consumer customers
may offset claims recognised by us or established by a court of law.
7.3.
With the provision of deliveries ex works or ex warehouse, the use and risk shall pass to the customer.
to the customer. This shall apply irrespective of agreed pricing and also in the case of
within the scope of assembly and transport activities. The customer is obliged to return the goods
receipt immediately and to report any defects immediately to Sonnen-Energie
Allgäu GmbH. Complaints must be made within a period of 14 working days.
otherwise the goods shall be deemed to have been handed over in perfect condition.
7.4.
If the customer is in default of payment, the seller shall be entitled to suspend all services.
ordered, delivered and assembled goods and equipment and to
dismantle or retain.
7.5.
The customer shall not be entitled to claim payment until the outstanding claims have been settled in full.
authorised to hand over the goods to third parties and bears full responsibility for the
condition and storage of the goods. Deviating agreements require
the written form.
7.6 If insignificant defects occur during the provision of the service, acceptance may be cancelled.
and thus delays in payment are also excluded.
7.7.
For B2B transactions, Sonnen-Energie Allgäu GmbH must be given at least three (3) attempts to
to rectify any defects. Sonnen-Energie Allgäu GmbH declares its willingness to do so,
the rectification of defects, this does not correspond to an acknowledgement of debt or
the assumption of responsibility for the defects in question. If the
The notification of defects as unfounded, disproportionate or not attributable to Sonnen-Energie
Allgäu GmbH, the customer shall bear the costs incurred. The burden of proof
Sonnen-Energie Allgäu GmbH
7.8 The place of fulfilment of the service is the place where the service is provided. With the provision of
7.9. Sonnen-Energie Allgäu GmbH is authorised to engage subcontractors for (partial) services.
commission. The customer's consent is not required for this.
8.0 Delivery
8.1.
Specified delivery times are always non-binding, explicitly not affected by this.
agreed fixed dates.
The delivery period begins at:
1. A) Written order confirmation by the customer
2. B) Transfer carried out by the customer
3. c) Delivery period stipulated in the offer, with prior fulfilment of points A) and/or B)
8.2.
Delays in delivery due to force majeure or caused by war, pandemics,
Epidemics and the associated traffic restrictions release us from our responsibility.
of any delivery obligations, even for orders that have already been confirmed. The delivery period shall be extended
The duration of the event causing the delay is the duration of the event. For the resulting
Sonnen-Energie Allgäu GmbH or the customer shall not be liable for any consequential damage.
made.
8.3.
Sonnen-Energie Allgäu GmbH will always endeavour to meet its delivery deadlines.
However, should there be delays in delivery through no fault of Sonnen-Energie Allgäu
GmbH, it is excluded from liability.
8.4.
In the event of delays in delivery caused by our suppliers, we reserve the right to
to offer suitable substitutes for the required goods or to extend the delivery time.
extend. The customer is given a 14-day period to accept the new conditions
or reject it.
8.5 Our goods are insured up to the point of unloading. Supplementary insurance cover is
to be agreed separately.
8.6 We shall be entitled to divide our goods into partial or advance deliveries and
to be invoiced accordingly.
9.0 Redemption
9.1 Goods and materials can only be taken back in agreement with Sonnen-
Energie Allgäu GmbH, as a separate review must be carried out.
9.2 In the event of defects, the customer may, depending on the origin of the defect, be entitled to
manipulation and transport costs.
10.0 Dispute resolution
10.1.
The EU Commission has set up an internet platform for the online resolution of disputes.
was created. The platform serves as a contact point for the out-of-court settlement of
Disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link
http://ec.europa.eu/consumers/odr
10.2 Participation in a dispute resolution procedure before a consumer arbitration board
we are neither willing nor obliged.
11.0 Subsidies and network
11.1 Sonnen-Energie Allgäu GmbH provides no guarantee for the services requested by it.
funding, as the funding body is the final decision-making authority in each project.
11.2.
As, for data protection reasons, some services are not formally recognised by the
Sonnen-Energie Allgäu GmbH are possible, these documents/activities will be
customers if required. In particular, the following points are included
affected:
1. clarification of the technical requirements in connection with the network,
2. obtaining official authorisations,
3. the coordinating activities in connection with the processing of grants.
11.3 Deviating agreements can also be declared in writing, for example
by granting a power of attorney.
12.0 Warranty and liability for defects
12.1.
In the B2B area, the Contractor shall be obliged to comply with the agreed
terms of payment, in accordance with the following provisions, each of the
Defects that impair functionality, in the case of design faults,
components or the design that exists at the time of handover.
12.2 The warranty period for B2B transactions is set at 24 months. The
The warranty period begins with the commissioning of the system.
12.3.
Defects discovered during the warranty period shall be reported by the seller under the
free of charge provided that the customer remedies the defects complained of free of charge.
immediately, but no later than 14 days after discovery, in any case within the
warranty period, in writing and these defects are recognised by the contractor as
Warranty defects must be recognised in writing. In this notice of defects, the defects
to describe the defects in such concrete terms that an assessment of the defects and their cause is possible
(incl. transmission of all electronic records with reference to the defective part,
the last maintenance certificate, the description of the maintenance work already carried out by the client
measures, etc.).
12.4.
Additional costs that may arise in connection with the rectification of defects (travelling,
labourers, safety equipment, etc.) shall be borne by the customer. For
Warranty work at the customer's premises are the necessary auxiliary staff,
Lifting equipment, scaffolding and small materials etc. must be provided.
12.5.
Should it only become apparent after the performance of the services for determining and
the vendor that the vendor is not liable to pay compensation in accordance with these
warranty provisions, the customer is obliged to compensate the seller's services in accordance with the seller's warranty provisions applicable at that time.
repair kits.
12.6.
Unless otherwise agreed, such defects are excluded from the warranty,
not realised by the seller, inadequate assembly and installation, insufficient
Installation, non-compliance with installation requirements and conditions of use,
Overuse of the parts beyond the performance specified by the seller, negligent
or incorrect handling and use of unsuitable operating materials.
This also applies to defects caused by material and spare parts provided by the customer.
are attributable to the seller. The seller is also not liable for damage caused by
actions of third parties, atmospheric discharges, overvoltages, chemical
Influences, accident, fire, force majeure, natural disasters (earthquakes, hurricanes), power surges,
power failure or terrorism.
12.7.
The warranty does not cover the replacement of parts that are subject to natural wear and tear.
subject to wear and tear. Furthermore, the seller is not liable for deliveries
and services of the customer or of third parties commissioned by the customer to existing
system parts (old systems) that are not covered by the contract. The warranty expires
immediately if, without the written consent of the seller, the customer himself or a non
third parties expressly authorised (in writing) by the seller to use the delivered
objects are modified or repaired. The customer must
The customer must prove that none of these circumstances exist when asserting a defect.
12.8.
Are individual plans, construction plans and models created by the seller?
which are based on data provided by buyers (construction plans, verbal specifications, sketches,
etc.), the seller shall only be liable for fulfilment in accordance with the conditions.
12.9.
The Seller shall not be liable for any materials, documents or information provided by the Buyer.
other items, irrespective of whether they were purchased new or second-hand
have been made. The same applies to damage or defects that were not caused by the seller.
provided, ordered or at least the written consent of the seller
has been obtained. Even in the event of damage/defects caused by third parties, subcontractors or damage/deficiencies
The seller is not liable for defects caused by force majeure.
12.10.
In the B2B area, the customer must always prove that the defect already existed at the time of the
handover was available
13.0 Withdrawal from the contract
13.1.
The prerequisite for the customer's cancellation of the contract is, unless a more specific
a delay in delivery that is due to gross negligence on the part of the seller.
and the unsuccessful expiry of a reasonable grace period set.
The cancellation must be declared in writing.
13.2.
Irrespective of its other rights, the seller is entitled to withdraw from the contract.
(i) if the execution of the delivery or the commencement or the fulfilment of the
continuation of the service is impossible for reasons for which the customer is responsible, or
is further delayed despite the granting of a reasonable grace period, (ii) if justified
and substantiated concerns have arisen regarding the customer's ability to pay
and the latter neither makes advance payment at the request of the seller, nor before delivery
security, (iii) if the extension of the delivery period is not possible due to the
circumstances mentioned in point 8 in total more than half of the originally agreed
delivery period, but at least 6 months, or (iv) if the customer fails to fulfil the delivery
point 6 or does not duly fulfil its obligations.13.3.
The cancellation may also be made with regard to an outstanding item of the delivery or service,
for the reasons stated above (partial cancellation).
13.4.
If insolvency proceedings are instituted against the customer's assets or an application for
Insolvency proceedings dismissed for lack of sufficient assets
the seller is entitled to withdraw from the contract without setting a grace period.
to withdraw from the contract. If this rescission is exercised, it shall become effective immediately with the decision
effective that the company will not be continued. If the company is continued,
a cancellation is only possible 6 months after the opening of insolvency proceedings or after
Rejection of the application to open insolvency proceedings for lack of assets is effective. In any case, the
cancellation of the contract with immediate effect, provided that the insolvency law to which the customer
is not contrary to this or if the cancellation of the contract is necessary to avoid
serious economic disadvantages of the seller is indispensable.
13.5.
Without prejudice to the seller's claims for damages, including pre-litigation
In the event of cancellation, costs for services or partial services already rendered are
and pay in accordance with the contract. This shall also apply if the delivery or
performance has not yet been accepted by the buyer and for services rendered by the seller.
preparatory actions. Instead of this, the seller shall also have the right to
to demand the return of items already delivered.
13.6 Other consequences of cancellation are excluded.
14.0 Liability
14.1.
The seller is liable for damages outside the scope of application of the
Product Liability Act only if intent or gross negligence can be proven.
within the framework of the statutory provisions. The total liability of the seller in
cases of gross negligence is limited to the net order value or €50,000.00.
whichever is lower. The liability of the
Seller's liability is limited to 25 % of the net order value or €12 500.00, as the case may be,
which value is lower.
14.2.
Unless otherwise agreed, liability for slight negligence is excluded, with the exception of
of personal injury, as well as compensation for consequential damage, pure financial loss,
indirect damage, loss of production, financing costs, costs for replacement energy,
loss of energy, data or information, loss of profit, loss of revenue, loss of earnings from
savings, loss of interest and damages from third-party claims against the customer
excluded.
14.3.
Unless otherwise agreed, in the event of non-compliance with the required conditions for
Installation, commissioning and use (as contained in operating instructions, for example),
or the official authorisation conditions are excluded.
14.4 If contractual penalties have been agreed, any further claims of the customer arising from
excluded from the respective title.
15.0 Assertion of claims
15.1.
All claims of the customer shall be due within 2 years from the date of delivery.
performance of the services or upon transfer of risk,
unless mandatory statutory provisions stipulate other deadlines.15.2.
If a product is delivered by the seller on the basis of design specifications, drawings,
models or other specifications of the customer, the customer must provide these to the
indemnified and held harmless in the event of any infringement of property rights.
15.3.
Execution documents such as plans, sketches and other technical documents shall remain the property of the supplier.
as well as samples, catalogues, brochures, illustrations and the like are always the intellectual property of the
Seller and are subject to the relevant statutory provisions. With regard to
Reproduction, imitation and competition also apply to design documents.
16.0 Disposal of waste electrical and electronic equipment
16.1.
The customer must ensure that all information is made available to the seller.
in order to fulfil the seller's obligations as manufacturer/importer in accordance with the
to fulfil the legally applicable requirements.
16.2.
Customers of electrical/electronic appliances for commercial purposes who are based in
Austria, assume the obligation to finance the collection and
Treatment of waste electrical and electronic equipment in accordance with the Waste Electrical and Electronic Equipment Ordinance
in the event that they themselves are users of the electrical/electronic appliance. If the customer is not
the last user, he must transfer the financing obligation in full by agreement to the
to its customer and to document this to the seller.
16.3.
The customer is liable to the seller for all damages and other financial losses.
Disadvantages suffered by the seller as a result of the customer due to missing or defective
fulfilment of the financing obligation and other obligations. The
The burden of proof for the fulfilment of this obligation lies with the customer.
16.4 When disposing of waste electrical and electronic equipment, the respective country-specific regulations must be observed.
Disposal regulations must be observed and applied.
17.0 Roof construction and formal documents
17.1.
The building statics are additionally burdened by the installation of a PV system. In order
To avoid damage to persons and the building, the customer must carry out an inspection of the
existing/emerging building statics by an appropriate specialist
to be carried out. The seller and installer are not liable for damage/defects
which were caused by insufficient load-bearing capacity of the roof structure, failure to check the
building statics and other additionally loaded parts.
17.2.
The customer is responsible for ensuring adequate protection against falling snow loads or
and is liable in the event of non-compliance. A snow guard
Fuse recommended.
17.3.
For reasons of data protection, it is not possible for the vendor to provide official
to obtain authorisations. The customer must therefore obtain any necessary official
authorisations, permits, network access and other documents.
Any deviating regulations must be in writing.
18.0 Written form requirement18.1 All agreements must be in writing to be valid.
18.2 This also applies to the amendment of the requirement to comply with the written form.
19.0 General/ severability clause
19.1.
Should individual provisions of the contract or these terms and conditions be invalid
the validity of the remaining provisions shall not be affected. The ineffective
provision is to be replaced by a valid one that comes as close as possible to the intended objective.
replace.
19.2 The German language version shall be deemed the authentic version of the Terms and Conditions and shall also be used for
interpretation of the contract.
19.3 The current version of the GDPR applies.
19.4.
The fulfilment of the contract on the part of the seller is subject to the proviso that the fulfilment
no obstacles due to national or international (re-)export regulations,
in particular no embargoes and/or other sanctions.
20.0 Jurisdiction and law
20.1.
The exclusive place of jurisdiction is Kempten or another legal place of jurisdiction
at the discretion of Sonnen-Energie Allgäu GmbH, if the customer is a merchant within the meaning of the
Commercial Code. German law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Sales Law (CISG).
20.2.
In dealings with end consumers within the European Union, the right to the
be applicable to the place of residence of the end user, provided that it is mandatory
consumer law provisions. In B2C relationships, this place of jurisdiction is
Priority.
20.3 If a private end consumer is not domiciled within the European Union, the
our registered office is automatically the place of jurisdiction.
20.4.
If the customer is a merchant, a legal entity under public law or a
special fund under public law, the exclusive place of jurisdiction shall be our court of jurisdiction.
registered office for all claims arising from or on the basis of this contract,
agreed.
The same applies to persons who do not have a general place of jurisdiction in Germany.
or persons who have changed their place of residence or habitual abode after conclusion of the contract.
have moved their place of residence outside Germany or whose place of residence or
habitual residence is not known at the time the action is brought.
20.5 The application of the UNCITRAL Convention on Contracts
on the international sale of goods is excluded.
