encodedScript:

General Terms and Conditions

General Terms and Conditions

Contractual conditions within the framework of purchase contracts concluded via the varusenergy.com platform

between

Varus Energy GmbH, Herdekamp 9, 46509 Xanten, phone: +49 (0) 2801 - 98 51 900, e-mail: info@varusenergy.com, registered in the commercial register of Kleve Local Court under HRB 12616, represented by Managing Director Svenja Woge, VAT identification no.: DE293400229, WEEE Rg. No. DE 25587737

- in the following "provider" -

and

the customers specified in § 2 of the contract

- hereinafter referred to as "Customer" -

be closed.

§ 1 Scope of application, definitions

(1) The business relationship between the webshop provider (hereinafter referred to as the "Provider") and the customer (hereinafter referred to as the "Customer") shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating general terms and conditions of the Customer shall not be recognized unless the Provider expressly agrees to their validity in writing.

(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract.

§ 2 Conclusion of contract

(1) The customer can select photovoltaic products, in particular solar modules, inverters or storage units, from the provider's range and collect them in a so-called shopping cart using the "Add to cart" button. In the shopping cart, the "Proceed to checkout" button then takes you to the billing details and delivery address. You can also select the desired payment method. By clicking on the "Order with obligation to pay" button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual conditions by clicking on the button "With your order you agree to our General Terms and Conditions, Cancellation Policy and Data Protection Policy" and has thereby included them in his application.

(2) The provider then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider issues a declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of the order, GTC and order confirmation) is sent to the customer by us on a permanent data carrier (e-mail or paper printout) (contract confirmation). The text of the contract is stored in compliance with data protection regulations.

(3) The contract shall be concluded in German.

§ 3 Delivery, availability of goods

(1) Delivery times stated by us are calculated from the time of our order confirmation, subject to prior payment of the purchase price (except in the case of purchase on account). If no or no deviating delivery time is specified for the respective goods in our online store, it shall be 3 days after receipt of payment.

(2) If no copies of the product selected by the customer are available at the time of the customer's order, the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the supplier shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.

(3) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately in the order confirmation.

(4) The following delivery restrictions apply: The provider only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany.

§ 4 Retention of title

(1) The delivered goods remain the property of the supplier until all claims against the customer arising from the business relationship have been fulfilled.

(2) The extended retention of title regulated in the following paragraphs (3) to (9) shall only apply to the customer-entrepreneur in accordance with § 1 paragraph (2) of these contractual terms and conditions:

(3) The Contractor is permitted to process or transform the delivery item ("processing"). The processing is carried out for the supplier (however, if the value of the delivery item belonging to the contractor is less than the value of the goods not belonging to the contractor and/or the processing, the supplier acquires co-ownership of the new goods in the ratio of the value (gross invoice value) of the processed delivery item to the value of the other processed goods and/or the processing at the time of processing). Insofar as the Contractor does not acquire ownership of the new goods in accordance with the above, the Supplier and the Contractor agree that the Contractor shall grant the Supplier co-ownership of the new goods in the ratio of the value (gross invoice value) of the delivery item belonging to the Supplier to that of the other processed goods at the time of processing. The above sentence shall apply accordingly in the event of inseparable mixing or combination of the delivery item with goods not belonging to the supplier. Insofar as the supplier acquires ownership or co-ownership in accordance with this § 4 (retention of title), the entrepreneur shall store them for the supplier with the care of a prudent businessman.

(4) In the event of the sale of the delivery item or the new goods, the entrepreneur hereby assigns his claim from the resale against his customer with all ancillary rights to the supplier by way of security, without the need for any further special declarations. The assignment shall apply including any balance claims. However, the assignment shall only apply to the amount corresponding to the price of the delivery item invoiced by the supplier. The portion of the claim assigned to the supplier shall be satisfied with priority.

(5) If the entrepreneur combines the delivery item or the new goods with real estate, he also assigns his claim, which he is entitled to as remuneration for the combination, in the amount corresponding to the price of the delivery item invoiced by the supplier, without the need for further special declarations.

(6) Until revoked, the entrepreneur is authorized to collect the claims assigned to the provider in accordance with this § 4 (retention of title). The entrepreneur shall immediately forward to the provider any payments made on the assigned claims up to the amount of the secured claim. In the event of legitimate interests, in particular default of payment, suspension of payment, opening of insolvency proceedings, protest of a bill of exchange or justified indications of over-indebtedness or imminent insolvency of the entrepreneur, the provider is entitled to revoke the entrepreneur's authorization to collect. In addition, the supplier may, after prior warning and subject to a reasonable period of notice, disclose the assignment by way of security, realize the assigned claims and demand that the entrepreneur disclose the assignment by way of security to the customers.

(7) If a legitimate interest is substantiated, the Contractor shall provide the Supplier with the information required to assert the latter's rights against the Customer and hand over the necessary documents.

(8) During the existence of the retention of title, the entrepreneur is prohibited from pledging or transferring ownership by way of security. In the event of seizure, confiscation or other dispositions or interventions by third parties, the entrepreneur must inform the supplier immediately. The resale of the delivery item or the new goods is only permitted to resellers in the ordinary course of business and only under the conditions that payment of the equivalent value of the delivery item is made to the entrepreneur. The entrepreneur must also agree with the customer that the customer only acquires ownership upon this payment.

(9) If the realizable value of all security interests to which the Provider is entitled exceeds the amount of all secured claims by more than 10%, the Provider shall release a corresponding part of the security interests at the Customer's request. It shall be assumed that the requirements of the preceding sentence are met if the estimated value of the collateral to which the Provider is entitled reaches or exceeds 150% of the value of the secured claims. The provider shall be entitled to choose between different security interests for the release.

§ 5 Prices and shipping costs

(1) All prices stated on the provider's website include the applicable statutory value added tax.

(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, insofar as the customer, if he is a consumer, does not exercise his right of withdrawal.

(3) The goods shall be shipped by DHL/Rhenus. The supplier bears the shipping risk if the customer is a consumer.

(4) In the event of revocation, the customer shall bear the direct costs of the return shipment.

§ 6 Payment modalities

(1) The customer can make payment by direct debit or bank transfer.

(2) The customer can change the payment method saved in their user account at any time.

(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay the provider interest on arrears for the year at a rate of 5 percentage points above the prime rate if the customer is a consumer, or at a rate of 9 percentage points above the prime rate if the customer is an entrepreneur.

(4) The customer's obligation to pay default interest does not preclude the provider from claiming further damages caused by default.

§ 7 Warranty for material defects, guarantee

(1) The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The warranty period for goods delivered by the supplier to customer-entrepreneurs is 12 months.

(2) An additional guarantee only exists for the goods delivered by the supplier if this was expressly given by the supplier in the order confirmation for the respective article.

§ 8 Liability

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages 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 material contractual obligations, the Provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the Customer's claims for damages are based on 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 limitations of liability resulting from paragraphs 1 and 2 shall not apply if the supplier has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the supplier and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

§ 9 Cancellation policy

(1) Consumers generally have a statutory right of withdrawal when concluding a distance selling transaction, about which the provider provides information below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). A sample withdrawal form can be found in paragraph (3).

Contractual conditions within the framework of purchase contracts concluded via the varusenergy.com platform

between

Varus Energy GmbH, Herdekamp 9, 46509 Xanten, phone: 02801/985 1900, fax: 0281/7710411, e-mail: info@varusenergy.com, registered in the Commercial Register of Kleve Local Court under HRB 12616, represented by Managing Director Svenja Woge, VAT identification no.: DE293400229, WEEE Rg. No. DE 25587737

- in the following "provider" -

and

the customers specified in § 2 of the contract

- hereinafter referred to as "Customer" -

be closed.

§ 1 Scope of application, definitions

(1) The business relationship between the webshop provider (hereinafter referred to as the "Provider") and the customer (hereinafter referred to as the "Customer") shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating general terms and conditions of the Customer shall not be recognized unless the Provider expressly agrees to their validity in writing.

(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract.

§ 2 Conclusion of contract

(1) The customer can select photovoltaic products, in particular solar modules, inverters or storage units, from the provider's range and collect them in a so-called shopping cart using the "Add to cart" button. In the shopping cart, the "Proceed to checkout" button then takes you to the billing details and delivery address. You can also select the desired payment method. By clicking on the "Order with obligation to pay" button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual conditions by clicking on the button "With your order you agree to our General Terms and Conditions, Cancellation Policy and Data Protection Policy" and has thereby included them in his application.

(2) The provider then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider issues a declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of the order, GTC and order confirmation) is sent to the customer by us on a permanent data carrier (e-mail or paper printout) (contract confirmation). The text of the contract is stored in compliance with data protection regulations.

(3) The contract shall be concluded in German.

§ 3 Delivery, availability of goods

(1) Delivery times stated by us are calculated from the time of our order confirmation, subject to prior payment of the purchase price (except in the case of purchase on account). If no or no deviating delivery time is specified for the respective goods in our online store, it shall be 3 days after receipt of payment.

(2) If no copies of the product selected by the customer are available at the time of the customer's order, the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the supplier shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.

(3) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately in the order confirmation.

(4) The following delivery restrictions apply: The provider only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany.

§ 4 Retention of title

(1) The delivered goods remain the property of the supplier until all claims against the customer arising from the business relationship have been fulfilled.

(2) The extended retention of title regulated in the following paragraphs (3) to (9) shall only apply to the customer-entrepreneur in accordance with § 1 paragraph (2) of these contractual terms and conditions:

(3) The Contractor is permitted to process or transform the delivery item ("processing"). The processing is carried out for the supplier (however, if the value of the delivery item belonging to the contractor is less than the value of the goods not belonging to the contractor and/or the processing, the supplier acquires co-ownership of the new goods in the ratio of the value (gross invoice value) of the processed delivery item to the value of the other processed goods and/or the processing at the time of processing). Insofar as the Contractor does not acquire ownership of the new goods in accordance with the above, the Supplier and the Contractor agree that the Contractor shall grant the Supplier co-ownership of the new goods in the ratio of the value (gross invoice value) of the delivery item belonging to the Supplier to that of the other processed goods at the time of processing. The above sentence shall apply accordingly in the event of inseparable mixing or combination of the delivery item with goods not belonging to the supplier. Insofar as the supplier acquires ownership or co-ownership in accordance with this § 4 (retention of title), the entrepreneur shall store them for the supplier with the care of a prudent businessman.

(4) In the event of the sale of the delivery item or the new goods, the entrepreneur hereby assigns his claim from the resale against his customer with all ancillary rights to the supplier by way of security, without the need for any further special declarations. The assignment shall apply including any balance claims. However, the assignment shall only apply to the amount corresponding to the price of the delivery item invoiced by the supplier. The portion of the claim assigned to the supplier shall be satisfied with priority.

(5) If the entrepreneur combines the delivery item or the new goods with real estate, he also assigns his claim, which he is entitled to as remuneration for the combination, in the amount corresponding to the price of the delivery item invoiced by the supplier, without the need for further special declarations.

(6) Until revoked, the entrepreneur is authorized to collect the claims assigned to the provider in accordance with this § 4 (retention of title). The entrepreneur shall immediately forward to the provider any payments made on the assigned claims up to the amount of the secured claim. In the event of legitimate interests, in particular default of payment, suspension of payment, opening of insolvency proceedings, protest of a bill of exchange or justified indications of over-indebtedness or imminent insolvency of the entrepreneur, the provider is entitled to revoke the entrepreneur's authorization to collect. In addition, the supplier may, after prior warning and subject to a reasonable period of notice, disclose the assignment by way of security, realize the assigned claims and demand that the entrepreneur disclose the assignment by way of security to the customers.

(7) If a legitimate interest is substantiated, the Contractor shall provide the Supplier with the information required to assert the latter's rights against the Customer and hand over the necessary documents.

(8) During the existence of the retention of title, the entrepreneur is prohibited from pledging or transferring ownership by way of security. In the event of seizure, confiscation or other dispositions or interventions by third parties, the entrepreneur must inform the supplier immediately. The resale of the delivery item or the new goods is only permitted to resellers in the ordinary course of business and only under the conditions that payment of the equivalent value of the delivery item is made to the entrepreneur. The entrepreneur must also agree with the customer that the customer only acquires ownership upon this payment.

(9) If the realizable value of all security interests to which the Provider is entitled exceeds the amount of all secured claims by more than 10%, the Provider shall release a corresponding part of the security interests at the Customer's request. It shall be assumed that the requirements of the preceding sentence are met if the estimated value of the collateral to which the Provider is entitled reaches or exceeds 150% of the value of the secured claims. The provider shall be entitled to choose between different security interests for the release.

§ 5 Prices and shipping costs

(1) All prices stated on the provider's website include the applicable statutory value added tax.

(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, insofar as the customer, if he is a consumer, does not exercise his right of withdrawal.

(3) The goods shall be shipped by DHL/Rhenus. The supplier bears the shipping risk if the customer is a consumer.

(4) In the event of revocation, the customer shall bear the direct costs of the return shipment.

§ 6 Payment modalities

(1) The customer can make payment by direct debit or bank transfer.

(2) The customer can change the payment method saved in their user account at any time.

(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay the provider interest on arrears for the year at a rate of 5 percentage points above the prime rate if the customer is a consumer, or at a rate of 9 percentage points above the prime rate if the customer is an entrepreneur.

(4) The customer's obligation to pay default interest does not preclude the provider from claiming further damages caused by default.

§ 7 Warranty for material defects, guarantee

(1) The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The warranty period for goods delivered by the supplier to customer-entrepreneurs is 12 months.

(2) An additional guarantee only exists for the goods delivered by the supplier if this was expressly given by the supplier in the order confirmation for the respective article.

§ 8 Liability

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages 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 material contractual obligations, the Provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the Customer's claims for damages are based on 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 limitations of liability resulting from paragraphs 1 and 2 shall not apply if the supplier has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the supplier and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

§ 9 Cancellation policy

(1) Consumers generally have a statutory right of withdrawal when concluding a distance selling transaction, about which the provider provides information below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). A sample withdrawal form can be found in paragraph (3).

Cancellation policy as PDF

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period is 14 days from the date of conclusion of the contract. It does not begin to run until you have received this instruction in text form.

To exercise your right of withdrawal, you must send us

Varus Energy GmbH, Herdekamp 9, 46509 Xanten
Fax: 0281/7710411,
E-mail: info@varusenergy.com

of your decision to withdraw from this contract by an unequivocal statement (e.g. letter, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your declaration of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send 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 in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

(2) The right of withdrawal does not apply to contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery. The right of withdrawal expressly does not apply to entrepreneurs.

(3) The provider shall provide the following information about the model withdrawal form in accordance with the statutory provisions:

Sample withdrawal form

(If you wish to cancel the contract, please complete this form and return it to us).

To

Varus Energy GmbH

Herdekamp 9                                            

46509 Xanten E-Mail: info@varusenergy.comHiermitI/we (*) revoke the contract concluded by me/us (*) for the purchase of goods:

  • .................................................................
  • .................................................................
  • .................................................................

        Ordered at .................................................

Name of the consumer(s):

.......................................... ..........................................

.......................................... ..........................................

Address of the consumer(s):

....................................................................................

....................................................................................

....................................................................................

...................................................................................

Signature of the consumer(s)
(only for notification on paper)

Date, .............................................

_______________

(*) Delete as appropriate

§ 10 Final provisions

(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, remain unaffected.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.

(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.

Status: January 2022

WordPress Cookie Notice by Real Cookie Banner