§1 Validity, Definitions of terms
(1) KINTEC Home Power Plant, Obere Gartenstrasse 5, 73033 Goeppingen, Germany (hereinafter: «we» or «KINTEC Home Power Plant») operates an online shop for goods on the KINTEC Home Power Plant website. The following general terms and conditions apply to all services between us and our customers (hereinafter: «customer» or «you») in the version valid at the time of the order, unless otherwise expressly agreed.
(2) «Consumer» within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity. «Entrepreneur» is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity, whereby a partnership with legal capacity is a partnership that is endowed with the ability to acquire rights and incur liabilities.
§2 Conclusion of contracts, storage of the contract text
(1) The following regulations on the conclusion of the contract apply to orders via our
KINTEC Home Power Plant-Store.
(2) Our product presentations on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) When an order is received in our online shop, the following rules apply: The customer submits a binding contractual offer by successfully completing the ordering process provided in our online shop. The order is placed in the following steps:
Selection of the desired goods, adding the products by clicking on the corresponding button (e.g. «Add to shopping cart», «Add to shopping bag» or similar), checking the information in the shopping cart, calling up the order overview by clicking on the corresponding button (e.g. «Continue to checkout», «Continue to payment», «To order overview» or similar), entering/checking the address data and contact details, selecting the payment method, confirming the general terms and conditions and cancellation policy, if the agreed quality of the goods deviates from their usual quality and conditions of use, confirming a negative quality agreement, completing the order by pressing the «Order with payment» button. This represents your binding order.
The contract is concluded when you receive an order confirmation from us within three working days at the specified e-mail address.
(4) In case of conclusion of the contract, the contract is concluded with KINTEC Home Power Plant, Obere Gartenstrasse 5, 73033 Goeppingen, Germany.
(5) Before ordering, the contract data can be printed out using the browser's print function or saved electronically. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the general terms and conditions and the cancellation policy, takes place by email after you have placed the order, partly automatically. We do not save the contract text after the contract has been concluded.
(6) Input errors can be corrected using the usual keyboard functions, mouse functions and browser functions (e.g. the browser's «back button»). They can also be corrected by cancelling the order process prematurely, closing the browser window and repeating the process.
(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§3 Subject matter of the contract and essential characteristics of the products
(1) The subject of the contract in our online shop is:
The sale of goods. The specific goods offered can be found on our product pages.
(2) The essential characteristics of the goods can be found in the item description. If the agreed quality of the goods deviates from their usual quality and usage requirements, this will be expressly stated in the item description (negative quality agreement). If the customer has given his express consent to the negative quality deviation, this defines the subject matter of the contract.
§4 Prices, Shipping costs, Delivery
(1) The prices and shipping costs stated in the respective offers are total prices and include all price components including all applicable taxes.
(2) The respective purchase price must be paid before delivery of the product (prepayment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately.
(3) When purchasing on account, the minimum order value is €0.00 for this payment method.
(4) In addition to the prices stated, shipping costs may apply for the delivery of products unless the respective item is marked as free shipping. The shipping costs will be clearly communicated to you again on the offers, if applicable in the shopping cart system and on the order overview.
(5) The following delivery area restrictions apply:
Delivery is made to the following countries:
• Germany
• Austria
• Switzerland
(6) Any import taxes incurred are the responsibility of the buyer. For further information, please contact AEB.
§5 Right of retention, Retention of title
(1) You can only exercise a right of retention if it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§6 Right of withdrawal / Right of return
As a consumer, you have a right of withdrawal. This is governed by our right of withdrawal.
The cancellation period shall be fourteen days from the day
• on which you or a third party other than the carrier designated by you takes possession of the goods, provided that you have ordered one or more goods as part of a single order and these are delivered as a single order, or
• on which you or a third party other than the carrier designated by you took possession of the last goods, provided that you have ordered several goods as part of a single order and these are delivered separately, or
• on which you or a third party other than the carrier designated by you took possession of the last partial shipment or the last item, provided that you have ordered goods that are delivered in several partial shipments or items, or
• on which you or a third party other than the carrier designated by you took possession of the first goods, provided that you have concluded a contract for the regular delivery of goods over a specified period of time.
You have the right to withdraw from this contract within fourteen days without giving any reason.
If the goods are returned to us unused and undamaged, the value of the goods will be refunded.
Shipping costs paid by the buyer at the time of purchase will not be refunded.
Please contact us before returning the item.
(1) Subject to the following exceptions, our liability for breaches of contractual obligations and tortious acts is limited to intent or gross negligence.
(2) We are liable without limitation in the event of slight negligence in the event of injury to life, body or health or in the event of a breach of a contractual obligation. If we are in default with the service due to slight negligence, if the service has become impossible or if we have breached a contractual obligation, liability for property damage and financial loss resulting from this is limited to the damage typically foreseeable under the contract. A contractual obligation is one whose fulfilment makes the proper execution of the contract possible in the first place, whose breach endangers the achievement of the purpose of the contract and whose compliance you can regularly rely on. This includes in particular our obligation to take action and to fulfil the contractually owed service, which is described in Section 3.
The contract language is exclusively English.
Both warranty and guarantee periods begin from the date of issue of the invoice from KINTEC Home Power Plant. KINTEC Home Power Plant accepts no liability for any consequential costs arising from warranty or guarantee cases.
(1) Guarantee
1. KINTEC Home Power Plant generally guarantees that the purchased items are free from defects for a period of 2 years as follows:
The guarantee is provided at the discretion of KINTEC Home Power Plant by repairing the purchased item or replacing the defective parts, exchanging them or reducing the price. The customer's right to rescission is mutually waived. The replaced parts become the property of KINTEC Home Power Plant. The wages and costs incurred for installation and removal are to be borne by the customer. It is at the discretion of KINTEC Home Power Plant to exchange a defective item for a flawless, identical item. In this case, any claim to cancellation of the contract expires.
2. The customer expressly waives, for himself and his legal successors, the right to assert any indirect or direct damage (damage caused by a defect or consequential damage) and loss of profit caused by a defect in the purchased item as a result of simple or gross negligence.
3. The special recourse of a business owner who has provided a guarantee to a consumer is limited by mutual agreement to the period of the statutory warranty period. The prerequisite for recourse is the fulfillment of the obligation to give notice of defects. No guarantee is given for damages that are the result of improper or negligent handling of the purchased item. Warranty claims are only valid if they are reported in writing immediately after the defect is discovered - within 5 working days at the latest. Only in this case is the obligation to give notice of defects met. Oral or telephone communication does not satisfy the obligation to give notice of defects. If the complaint is not made in time, the claim for compensation for consequential damages is also void. Does not apply in the event of slight or simply gross negligence; in this case the buyer waives any related defense.
4. If KINTEC Home Power Plant is commissioned to carry out installation work, the client is liable for the proper condition of the installation surface and its static load-bearing capacity.
(2) Warranty
1. KINTEC Home Power Plant does not offer a warranty for storage.
2. The prerequisite for a guarantee from KINTEC Home Power Plant is that the goods were stored prior to installation in accordance with the product-specific guidelines and protected from wind and weather, the components supplied are used as intended, and the installation is carried out by a licensed specialist company in accordance with the assembly instructions in the currently valid version.
Commissioning and regular maintenance or inspection by the KINTEC Home Power Plant is not carried out and is the responsibility of the buyer. KINTEC Home Power Plant or its representatives were given the opportunity to examine complaints on site immediately after the reason for the complaint arose.
§10 Final Provisions / Dispute Settlement
(1) German law applies. In business transactions with customers and with legal entities under public law, the court responsible for the registered office of KINTEC Home Power Plant is agreed as the place of jurisdiction for all legal disputes arising from the contract.
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
(3) 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.
(4) The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
