Energieschmiede Rauch

Klosterstr. 22
D – 04668 Grimma bei Leipzig

Tel. +49(0)3437 9489581
Fax +49(0)3437 9489590
Mobil +49(0)170 / 3132673

E-Mail:
info@esr-se.de
www.esr-se.de

DEU | EN

Our general terms and conditions

§ 1 Scope of application

1.1. These terms and conditions contain the terms and conditions of business between you - hereinafter also referred to as "Customer" - and us, your contractual partner, the company

ESR GmbH Energieschmiede - Rauch
Klosterstr. 22
D - 04688 Grimma
Telefon: +49 (0) 3437 9489581
Fax: +49 (0) 3437 9489590
E-Mail: info[at]esr-se.de

represented by its managing director Mr. Harry Rauch
Registergericht: Amtsgericht Leipzig, HRB.27416
Umsatzsteuer-Identifikationsnummer USt.-ID: DE 270164885

exclusively valid General Terms and Conditions in the version valid at the time of use or an order in the EE-Shop. The privacy policy is an integral part of these terms and conditions.

1.2. We do not recognize deviating terms and conditions of the customer, unless we have expressly agreed to their validity in writing.

§ 2 Contract conclusion, availability of goods

2.1. The presentation of our goods in the online portal does not constitute a binding offer on our part to conclude a sales contract. It is rather a non-binding invitation to persons with unlimited legal capacity to submit an offer themselves. The essential characteristics of the goods offered by us as well as the period of validity of limited offers can be found in the individual product descriptions within the framework of our online portal.

2.2. The language available for the conclusion of the contract is exclusively German. The text of the contract is not stored by us and cannot be retrieved after completion of the order process. However, you can print out the order data immediately after sending it. You can view and print out the GTC and the data protection information at any time in our online portal via the links "GTC" and "Data Protection".

2.3. Please note that we only sell all products in household quantities via the online portal.

§ 3 Prices, shipping costs, return costs agreement

3.1. The prices stated in our online portal at the time of the order are valid. All prices include the respective valid German legal value added tax.

3.2. We deliver the goods according to the agreements made with you. Any shipping costs incurred will be shown separately on the invoice, as these can vary greatly due to product dimensions, product weight and the distance to the delivery destination. Delivery dates and delivery periods are only binding if they have been confirmed by us in writing.

3.3. In the event that you as a consumer effectively make use of your right of revocation (cf. § 7 of these GTC), it is agreed that you must bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. As far as you are obliged to bear the costs of the return shipment, we will charge costs in the amount of the shipping costs incurred for the delivery when exercising your right of revocation per return shipment of the goods. If you wish to exercise your right of revocation, please do not return the goods for the time being, but contact us. The goods will then be picked up from you at our expense.

§ 4 Terms of payment

The purchase price is due immediately upon ordering. The payment of the goods will be made in advance by bank transfer to one of our bank accounts. You will find our bank details on offers, order confirmations and invoices issued by us.

§ 5 Delivery

5.1. Deliveries are made from the PV-Store warehouse to the delivery address specified by the customer. Information on availability and delivery time are only approximate indications and only approximate guidelines.

5.2. Deliveries are made within Germany and to the following countries:
Austria, Switzerland, Italy, France, Belgium, Luxembourg, Netherlands, Denmark, Norway, Finland, Sweden, Poland, Romania, Turkey

5.3. Customers can pick up the goods themselves from the warehouse upon e-mail request. In this case the delivery or shipping costs are not applicable.

§ 6 Retention of title

The delivered goods remain the property of ESR GmbH until full payment of the purchase price.

§ 7 Right of withdrawal for consumers; exceptions

If you buy from us as a consumer, i.e. for purposes that cannot be attributed to your commercial or independent professional activity, you have a right of revocation according to our revocation instruction.

withdrawal policy

Right of withdrawal
You can cancel your contract declaration within 14 days without giving reasons in writing (eg letter, fax, e-mail) or - if the goods before the deadline - also by returning the goods. The time limit begins after receipt of this notification in writing, but not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before we have fulfilled our duty of information according to Article 246 § 2 in conjunction with § 1 paragraph. 1 and 2 EGBGB as well as our obligations according to § 312g paragraph. 1 sentence 1 BGB in connection with article 246 § 3 EGBGB. The timely dispatch of the revocation or the goods is sufficient to comply with the revocation period.

The withdrawal is to be addressed to:
ESR GmbH Energieschmiede - Rauch
EE - Shop
Klosterstr. 22
D - 04688 Grimma
Telefon: +49 (0) 3437 9489581
Fax: +49 (0) 3437 9489590
E-Mail: info[at]esr-se.de

represented by its managing director Mr. Harry Rauch
Register court: Local court Leipzig, HRB.27416
Sales tax identification number VAT ID: DE 270164885

Consequences of withdrawal
In the event of an effective cancellation, the services received by both parties are to be returned and any benefits derived (e.g. interest) surrendered. If you are unable to return or surrender the received services and benefits (e.g. advantages of use) or only partially or in a deteriorated condition, you must compensate us for lost value. For the deterioration of the goods and for the use of the goods you have to pay compensation only if the use or the deterioration is due to the handling of the goods, which goes beyond the examination of the properties and the functionality. 3 "Testing of the properties and functionality" means the testing and trying out of the respective goods, as it is possible and usual in a retail store.

Items that can be sent by parcel post are to be returned at our risk. You have to bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 Euros or if, in the case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. 4 Otherwise, the return shipment is free of charge for you. Goods that cannot be sent by parcel post will be picked up from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the goods, for us with their receipt.

End of the withdrawal policy

§ 8 Warranty, guarantees, customer service

8.1. If the ordered goods are not free of defects upon delivery, you are entitled, in accordance with the statutory provisions, to demand subsequent performance, to withdraw from the contract or to reduce the purchase price and to claim damages. Unless expressly agreed upon with the customer, PV-Store does not guarantee that the products are free of defects - with the exception of mandatory legal regulations.

8.2. The period of limitation is two years, calculated from delivery. In relation to entrepreneurs, the warranty period for items delivered by us is 12 months.

8.3. In case of warranty claims please contact our customer service:

ESR GmbH Energieschmiede - Rauch
EE - Shop
Klosterstr. 22
D - 04668 Grimma
Telefon: +49 (0) 3437 9489581
Fax: +49 (0) 3437 9489590
E-Mail: info[at]esr-se.de

§ 9 Liability

9.1. ESR GmbH is fully liable for damages in case of intent and gross negligence.

9.2. Furthermore, ESR GmbH is liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you regularly rely. In this case, however, ISR GmbH is only liable for the foreseeable damage typical for the contract. ISR GmbH is not liable for the slightly negligent breach of duties other than those mentioned in the above sentences.

9.4. Soweit die Haftung der ESR GmbH ausgeschlossen oder beschränkt ist, gilt dies auch für die persönliche Haftung von Arbeitnehmern, Vertretern und Erfüllungsgehilfen.

§ 10 Applicable law, place of jurisdiction, severability clause

10.1. The business relationship between the customer and EE - Shop (ESR GmbH) is governed by German law to the exclusion of the UN Sales Convention.

10.2. If the customer is a merchant, the exclusive place of jurisdiction for disputes arising from or in connection with the business relationship is Grimma.

10.3. Should one or more provisions be invalid, this shall not affect the validity of the remaining provisions.

Grimma, the 06/01/2013