General Terms and Conditions

§ 1 Scope and providers
§ 2 Conclusion of contract
§ 3 Return charges when exercising the right of withdrawal from the contract
§ 4 Prices and terms of payment
§ 5 Terms of delivery and dispatch
§ 6 Retention of title
§ 7 Liability for defects
§ 8 Information on your right of withdrawal from the contract
§ 9 Applicable law

§ 1 Scopes and providers

§ 1.1 These General Terms and Conditions of “Euro-Line Solar GmbH” (hereinafter referred to as the “Seller”) shall apply to all contracts between the customer and the Seller regarding the products and/or services offered in the Seller’s online shop. Unless otherwise agreed upon, this shall be deemed to be an objection to the applicability of the customer’s own terms and conditions.

§ 1.2 For the purposes of section 1.1, the term “customer” includes both consumers and companies, whereas a consumer is an individual who concludes a legal transaction for a purpose not related to his/her work in a commercial or self-employed capacity. A company, however, is an individual or a legal entity or a company with legal personality acting in its self-employed or commercial capacity when concluding a legal transaction.

§ 2 Conclusion of Contract

§ 2.1 The purpose of the product descriptions in the online shops is the submission of an offer to buy. By clicking on the button “Order now”, you submit a binding offer to buy. We only sell our products for private consumption only in small, non-industrial quantities.

§ 2.2 We may accept your order by dispatching an order confirmation via e-mail or by delivering the goods within five days. However, the acknowledgment of the receipt of the order shall not be deemed to be an acceptance of the offer to buy.

§ 2.3 Should our order confirmation contain typing errors or misprints or should our pricing be based on technical transmission errors, we shall be entitled to avoidance, whereby it is our obligation to provide proof of our error. Any payments already made shall be reimbursed immediately.

§ 3 Return charges when exercising the right of withdrawal from the contract

In case the customer has a right of withdrawal from the contract in accordance with section 312 d, paragraph 1, clause 1 of the German Civil Code and exercises such right, the customer shall be charged with the regular return charges if the price of the item to be returned does not exceed the amount of EUR 40,00 or if, in case the price of the item exceeds EUR 40,00, the customer has not yet paid a consideration or a partial payment at the time of withdrawal, unless the delivered goods did not correspond to the ordered goods. In all other cases, the Seller shall bear the return charges.

§ 4 Prices and Terms of Payment

§ 4.1 The Seller’s prices quoted are end prices, i.e. they include all price components, including the statutory German VAT. Any additional delivery and dispatch costs that may occur shall be stated separately in the respective product description in the offer.

§ 4.2 For deliveries within Germany, the Seller offers the following forms of payment, unless other-wise stipulated in the product description in the offer:

Prepayment via
• Payment in advance (Giropay)
• Credit card
• Maestro International
• DIRECTbanking.com
• PayPal

§ Should delivery abroad also be offered for a certain product, the customer may choose from the following forms of payment, unless otherwise stipulated in the product description in the offer:

Prepayment via
• Credit Card and Debit card (including Mastercard, Visa and Carte Bleue)
• iDeal
• DIRECTebanking
• Maestro (Switch/Solo)
• PayPal

For deliveries to non-EU-countries, additional charges may incur, e.g. additional taxes and/or duties such as customs duties.

§ 4.4 In case prepayment is agreed upon, such payment shall be due immediately after conclusion of contract.

§ 4.5 Collection by the customer is not possible for logistical reasons.

§ 4.6 The customer shall be entitled to set off counterclaims if they are undisputed, recognized by declaratory judgment or recognized by the seller.

§ 4.7 The customer may only exercise its right of retention with regard to claims from the same contractual relationship

§ 5 Terms of delivery and dispatch

§ 5.1 As a rule, goods to be delivered are dispatched to the address stipulated by the customer. For the transaction procedure, the delivery address stipulated in the Seller’s order processing information shall be decisive. This provision notwithstanding, in case the customer selects the mode of payment “PayPal”, the delivery address lodged with PayPal shall be decisive.

§ 5.2 In case a delivery to the customer is not possible, the contracted carrier shall return the goods to the Seller, whereas the customer shall bear the costs for the failed delivery attempt. This shall not apply in case the customer was temporarily prevented from accepting the delivery, unless the Seller announced delivery in due time or if the customer invokes this as a reason for the exercise of its right of withdrawal from the contract.

§ 5.3 As a rule, the risk of accidental perishing or accidental deterioration of the sold goods shall pass upon delivery, either to the customer or to a person authorized to accept delivery. In case the customer is a company (acting in its self-employed or commercial capacity; section 14 of the German Civil Code), the risk of accidental perishing or accidental deterioration for distant selling shall pass to a suitable carrier upon delivery of the goods to such carrier at the seat of the Seller.

§ 5.4 In case the customer is a company, all agreed upon terms of delivery shall apply subject to sufficient availability of merchandise in cases in which the Seller effected a specific hedging transaction and the lack of availability is not attributable to the Seller.

§ 6 Retention of title

The Seller's goods delivered shall remain the Seller's proprerty until full payment

§ 7 Liability for defects

In case the purchased item is defective, the statutory provisions shall apply. In deviation therefrom, the following shall apply:

§7.1 For companies
• an immaterial defect generally is not a reason for claims based on defects;
• the Seller shall be entitled to select the type of supplementary performance;
• the limitation period for defects in case of new goods shall be one year upon the passing of risk;
• any rights and claims based on defects are excluded in case of used goods;
• the limitations period shall not restart in case a replacement delivery is effected based on liability for defects.

§ 7.2 For consumers, the limitation period for claims based on defects
• for new goods is two years upon delivery of the goods to the customer
• for used goods is one year upon delivery of the goods to the customer, subject to the restrictions in § 7.3.

§ 7.3 For both companies and consumers the restrictions of liability and limitation periods stated in § 7.1 and § 7.2 above do not refer to claims for damages and claims for reimbursement of expenses which the purchaser is entitled to assert due to defects in accordance with the statutory provisions pursuant to § 8.

§ 7.4 Furthermore, for companies the statutory limitation periods for recourse claims in accordance with section 478 of the German Civil Code shall remain unaffected thereby. The same shall apply to companies and consumers in case of willful breach of duty and fraudulent con-cealment of a defect.

§ 7.5 In case the customer is a merchant for the purposes of section 1 of the German Commercial Code, the customer shall be subject to the duty to examine and to the requirement to make a complaint in respect of a defect immediately on receipt of the goods in accordance with section 377 of the German Commercial Code. Should the customer fail to fulfill the duty to notify sti-pulated there, the goods shall be deemed accepted.

§ 7.6 In case the customer is a consumer, the customer will be asked to complain to the supplier about any goods delivered with obvious transport damage and to inform the Seller thereof. Should the customer fail to comply therewith, this shall not affect its statutory or contractual claims based on defects.

§ 7.7 In case supplementary performance was fulfilled by way of a replacement delivery, the customer shall have the obligation to return the goods initially delivered to the Seller at the Sel-ler’s expense within 30 days. The return of the defective goods is subject to statutory provi-sions..

§ 8 Liability

§ 8.1 The Seller shall be liable, for any legal ground and without limitation, for injury to limb, life and health, in case of willful intent or gross negligence, fraudulent intent and guarantees and in case liability is mandatory in accordance statutory provisions, such as the Product Liability Act.

§ 8.2 In other respects, the Seller shall be liable irrespective of the legal ground as follows:

§ 8.2.1 In case the Seller negligently violates a material contractual obligation, the liability for damages in case of property damage shall be limited to foreseeable average damage that typically occurs. Material contractual obligations are obligations which the contract imposes on the Seller in accordance with its contents with the aim of fulfilling the contract’s purpose, the fulfillment of which only makes the proper execution of the contract possible and the compliance with which the customer should generally be able to rely on.

§ 8.2.2 In case the Seller negligently violates an immaterial contractual obligation, the liability for damages shall be limited to the value of the order.

§ 9 Applicable Law

§ 9.1 All legal relationships between the parties shall be subject to the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law shall only apply to the extent the protection granted by mandatory legal provisions in accordance with the laws of the country in which the consumer has its ordinary residence remains effective.

§ 9.2 In case the customer is a merchant, a public law entity or a Federal Special Fund, the exclusive place of jurisdiction for all disputes from this contract shall be the seat of the Seller. The same shall apply if the customer has no place of general jurisdiction in Germany or within the EU or if its place of residence or ordinary residence is not known at the time the claim is filed. The right to have recourse to a court at another legal place of jurisdiction shall not be affected thereby.

§ 9.3 The language of the contract shall be German.