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Terms and Conditions (GTC)
§ 1 Provider, validity of the general terms and conditions 1. Your contractual partner: Keschsolar GmbH, Sandweg 32, 65604 Elz, registered in the commercial register at the AG Limburg under HRB 6638, hereinafter referred to as “Keschsolar”. 2. For all business relationships and services (including information and advice) in connection with the sale, delivery and assembly of electricity-generating and electricity-storing systems as well as the necessary accessories by Keschsolar to or from the respective buyer (hereinafter: “ the customer”), these general terms and conditions apply exclusively (hereinafter: “the General Terms and Conditions”). Unless otherwise stipulated in these Terms and Conditions, changes to and additional agreements to these General Terms and Conditions are only effective if Keschsolar has given its consent in writing. The inclusion of other general terms and conditions, including in commercial confirmation letters from the customer or a third party, is hereby contradicted. § 2 Contract declarations, contract content, consumer information 1. The presentation of electricity-generating and electricity-storing systems as well as information about the construction of these on the Keschsolar website, in sales brochures or in any other way does not constitute a binding sales offer. It is a non-binding invitation to customers , for its part, in the form of an order, to submit a binding offer to conclude a contract for purchase and construction with Keschsolar (hereinafter also: “the order”). The order is placed by the customer by sending the offers signed by the customer to Keschsolar. 2. Receipt of the order will be confirmed to the customer by email and/or in writing. The confirmation of receipt does not constitute acceptance of the binding purchase offer by Keschsolar. 3. If electricity-generating systems are ordered, the customer and Keschsolar agree on an on-site appointment after the order to assess the local conditions. 4. The binding acceptance of the offer takes place through an order confirmation. Keschsolar can only accept the customer's binding offer to conclude the contract within 3 weeks of receipt. 5. If the binding acceptance of the offer occurs through delivery without prior confirmation, the contract is concluded through the provision of the service. In this case, the invoice also serves as an order confirmation. § 3 Dates, delivery times, delay in acceptance 1. Delivery is made to the delivery address specified by the customer. 2. If a delivery date or time is specified or agreed upon by Keschsolar, this is done exclusively for logistical reasons. It is only a bindingly agreed date of performance if the date is expressly confirmed by Keschsolar as a “binding delivery date” at least in text form. 3. The prerequisite for compliance with delivery times and delivery dates is the timely fulfillment of the contractual obligations assumed by the customer, in particular the making of the agreed payments. 4. The customer ensures that the goods can be properly delivered to the agreed delivery location at the scheduled delivery time. 5. If and as long as the customer is in full or partial default with a contractual obligation or violates his obligations to cooperate, Keschsolar is entitled to suspend the services until the default has ended or the cooperation has been carried out. 6. If the customer defaults on acceptance, the risk of accidental deterioration and accidental loss of the goods passes to the customer. In the event of default in acceptance, Keschsolar can withdraw from the contract and demand compensation after a reasonable grace period set for the customer has expired. § 4 Assembly, approvals, requirements for the building 1. Keschsolar installs the electricity-generating and electricity-storing systems for the customer. 2. The customer permits Keschsolar and persons commissioned by Keschsolar to carry out all work necessary for the construction on his property and in or on his building, in particular a. the installation and installation of the electricity-generating and electricity-storing systems, including all appropriate measures b. the construction of measuring facilities c. the laying of connecting cables d. the installation of other components 3. The customer grants Keschsolar and people commissioned by Keschsolar unhindered and unrestricted access to all of its rooms, parts of buildings, roof areas, technical systems and lines, to the extent that this is necessary for the proper delivery and installation of the electricity-generating and electricity-storing systems. 4. It is the sole responsibility of the customer to maintain and, if necessary, repair the building and roof area on or on which the electricity-generating and/or electricity-storing system is installed, insofar as this is necessary for the installation and operation of the electricity-generating and/or electricity-storing system /or electricity storage system is required. Keschsolar is not liable for defects and damage to the roof and building that arise due to the unsuitability of the roof or building for the installation and operation of the electricity-generating and/or electricity-storing system. 5. The application and procurement of all permits, consents and other approvals required for the construction and operation of the electricity-generating and electricity-storing systems, as well as ancillary facilities as well as for the grid connection, as well as the processing of all notifications to be made to the network operator and the Federal Network Agency, in particular insofar as this is a requirement for the Claiming financial support is the sole responsibility of the customer, unless full or partial assumption of these tasks by Keschsolar has been expressly agreed in writing or in text form within the meaning of § 126 ff. BGB. § 5 Payments, offsetting and retention rights 1. The prices stated include German sales tax at the statutory rate and other price components. There may also be shipping and transport costs. 2. Payment can be made either in advance or on the due dates specified in the order confirmation from Keschsolar (staggered partial payments). 3. Payment can be made either by bank transfer from the customer to the bank details specified in the order confirmation or by direct debit. In the case of staggered partial payments, payment is made on the due dates specified in the order confirmation in the amount specified there. 4. Delivery takes place after receipt of payment. In the case of staggered partial payments, delivery takes place after receipt of the first deposit. 5. If a due date for the invoice has not been agreed, all invoices must be paid by the customer no later than 7 calendar days after receipt of the invoice. In the case of transfers and direct debits, the receipt on Keschsolar's account is decisive for the timeliness of payments. Payments by bill of exchange, check or cash on delivery are only permitted if this is agreed separately in individual cases. 6. Unless expressly agreed otherwise, Keschsolar is entitled to carry out outstanding deliveries and services only against advance payment or appropriate security if, after conclusion of the contract, circumstances become known from which it can be concluded that there is a more than insignificant reduction in the customer's creditworthiness. 7. The customer is only entitled to offsetting and retention rights if the counterclaims have been legally established or recognized by Keschsolar. 8. The customer is responsible for payment claims from the electricity network operator, in particular in connection with the network connection, commissioning, operation or billing of the electricity feed-in or purchase of electricity from the electricity-generating and electricity-storing systems. § 6 Ownership, transfer of risk, retention of title 1. The risk of accidental deterioration and accidental destruction of the electricity-generating and electricity-storing systems passes to the customer upon their handover. 2. Keschsolar reserves ownership of the electricity-generating and electricity-storing systems and their components until the agreed price has been paid in full (“retention of title”). The customer is obliged to treat the reserved goods properly, in particular to have any maintenance and inspection work carried out at his own expense. The customer is further obliged to adequately insure the reserved goods at their own expense against loss (e.g. due to theft) and damage or destruction due to unforeseen events (e.g. due to operating errors, short circuits, fire, water, storms) and at new value. 3. If the electricity-generating and electricity-storing systems are permanently connected to a building or property or placed on a property during the period of retention of title, this is only done for a temporary purpose in accordance with Section 95 of the German Civil Code (BGB); this ends when the retention of title ends. 4. During the retention of title to the electricity-generating and electricity-storing systems or parts thereof, pledging, transfer by security, transfer of ownership or sale to third parties is not permitted. In the event of seizures, confiscations or other orders or interventions by third parties, the customer must point out Keschsolar's reserved ownership of the electricity-generating and electricity-storing systems and must immediately notify Keschsolar in writing or in text form (email, fax, etc.) and hand over all documents required for an objection notify. 5. If the value of all security interests to which Keschsolar is entitled (retention of title, etc.) exceeds the amount of the claims secured thereby, Keschsolar will release securities of its own choice at the customer's request. § 7 Warranty 1. Any information provided by Keschsolar regarding the subject of deliveries and/or services (e.g. technical data, tolerances) as well as all representations generated within the Keschsolar website (technical drawings, images of components, etc.) are not guaranteed characteristics, but rather merely describe the deliveries and services. 2. Deviations from the quality agreed in the purchase contract due to legal regulations or due to special requirements of the electricity network/distribution network operator locally responsible for the installation location requested by the customer do not constitute a defect. This also applies to (a) deviations that occur in view of the circumstances represent a technical improvement at the installation location desired by the customer and for (b) the replacement of components of the electricity-generating and electricity-storing systems with equivalent components, provided that this does not impair the usability for the contractually intended purpose. 3. To the extent that financial calculations and/or forecasts, calculations of the electricity yield of photovoltaic systems and/or other yield calculations and/or calculations for electricity savings (hereinafter collectively: “PV calculations”) are offered or created by Keschsolar or on Keschsolar’s websites These merely represent example calculations and are not binding. Keschsolar assumes no liability for the accuracy of the PV calculations or the correctness and completeness of the information contained in the PV calculations. Furthermore, the PV calculations do not represent a business basis for concluding the contract. 4. The warranty period is two years. In the event of a defect, the customer initially has the right to demand subsequent performance from Keschsolar. 5. In addition, Keschsolar has the right to carry out a new supplementary performance within a reasonable period of time if an attempt at supplementary performance fails. Only if this repeated subsequent fulfillment fails does the buyer have the right to withdraw from the contract or reduce the purchase price. 6. The electricity-generating and electricity-storing systems and their components are subject to technical, natural and age-related wear and tear, which can lead to loss of performance (“degradation”); Degradation does not represent a defect in the power-generating and power-storing systems and is excluded from the warranty. 7. Warranty claims can no longer be asserted by the customer if the system is or has not been operated as intended, in particular if changes have been made to the electricity-generating and electricity-storing systems or their components or the customer has had this done by third parties. In addition and independently of the warranty claims against Keschsolar, manufacturers of electricity-generating and electricity-storing systems generally provide a guarantee in accordance with their respective manufacturer conditions (“manufacturer guarantees”). Keschsolar's liability for the manufacturer's guarantees and the resulting claims is excluded. 8. Any warranty claims cannot be assigned and are not transferable (§ 433 BGB). § 8 Liability and compensation 1. The customer can only claim compensation in cases of grossly negligent or intentional breach of duty as well as negligent violation of essential contractual obligations or of life, body or health. A customer's claim for damages due to breach of essential contractual obligations is limited in amount to the damage typical for the contract, unless there is intent or gross negligence. 2. For all claims cases of unlimited liability - a limitation period of one year. The different limitation periods for material defects remain unaffected by the provisions of this Section 2. 3. All liability exclusions set out in these General Terms and Conditions do not apply to claims under the Product Liability Act. § 9 Withdrawal from the contract 1. Both contracting parties can withdraw from the contract if the operator of the general supply network refuses to connect the electricity-generating and/or electricity-storing systems to its network via the connection point on the property. 2. Keschsolar is entitled to withdraw from the contract if there are reasonable doubts that the customer will meet his payment obligations on time and in full. 3. Justified doubts within the meaning of point 2 exist in particular if a. the customer has provided incorrect or incomplete information to a bank or Keschsolar about facts relating to his creditworthiness; or b. the customer has not made a payment due to Keschsolar within 30 days of the respective due date. 4. If Keschsolar has legitimate doubts within the meaning of Section 2, Keschsolar will inform the customer immediately. If the customer then pays the full outstanding amount in advance without reservation within 7 calendar days, the legitimate doubts are refuted and Keschsolar no longer has the right to withdraw for this reason. § 10 Right of withdrawal for consumers 1. Consumers have a right of withdrawal in accordance with the following proviso, whereby a consumer is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or their independent professional activity. 2. The regulations set out in the cancellation policy following the General Terms and Conditions apply to the right of cancellation. If the right of cancellation is exercised, the customer will bear the costs of return shipping in accordance with the content of the cancellation policy. 3. The right of withdrawal does not apply to distance selling contracts for the delivery of goods that are manufactured according to your specifications or are clearly tailored to your personal needs or that are not suitable for return due to their nature. 4. The right of cancellation expires prematurely if the contract has been or has been completely fulfilled by both parties at their express request and the service was only started with the express consent of the customer before the customer exercised his right of cancellation (§ 356 IV BGB). §11 Consumer arbitration - information in accordance with § 36 VSBG Keschsolar is neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board. § 12 Arbitration procedure, online dispute resolution Consumers have the option of using an online dispute resolution procedure of the European Union in accordance with Directive 2013/11/EU on alternative dispute resolution in consumer matters (so-called ADR Directive, ADR = Alternative Dispute Resolution) and the regulation ( EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013 on online dispute resolution in consumer matters (so-called ODR Regulation, ODR = Online Dispute Resolution) via the online dispute resolution platform (OS platform) free of charge Assistance in filing a consumer complaint about an online sales contract or an online service contract as well as information about the procedures at consumer arbitration boards in the European Union. The OS platform can be accessed under the following link: http://ec.europa.eu/consumers/odr/ Our email address is: info@keschsolar.de § 13 Data protection, consent 1. Keschsolar is used with regard to personal data The customer's data comply with the relevant legal provisions, in particular the Federal Data Protection Act (BDSG). 2. The customer's personal data will be collected, processed and used by Keschsolar if and to the extent this is necessary for the establishment, implementation or termination of this contract. Further collection, processing and use of the customer's personal data only takes place if a legal regulation allows this or the customer has consented. 3. The customer is aware that his name, consumer or business status, address, date of birth and bank details are required for the establishment and implementation of this contract and agrees to the collection, processing and use of this data for this purpose. 4. Keschsolar is entitled - to the extent permitted by law - to examine the risk of non-payment on the buyer's side for the purpose of deciding on the establishment, implementation or termination of the purchase contract. In this respect, probability values for the customer's future behavior are collected and processed. The customer's address data is also used to calculate these probability values. For the check, Keschsolar will use the services of credit agencies, e.g. SCHUFA Holding AG (Wiesbaden), or other third parties and for this purpose will transmit the customer's data to them or inquire from them. 5. Keschsolar is entitled to transmit the customer's data to third parties if and to the extent this is necessary to implement this contract (e.g. for invoicing or customer service). The customer also agrees that Keschsolar may forward this data – within the scope of what is legally permitted – to third parties (e.g. debt collection agencies) for the purpose of enforcing claims. 6. Under the legal requirements, Keschsolar will provide the customer, upon request, free of charge with information about the stored personal data relating to the customer. Under the legal requirements, the customer has the right to request the deletion, correction or blocking of his data. § 14 General final provisions 1. If individual provisions of the contract are wholly or partially ineffective or unenforceable or become so after conclusion of the contract, the effectiveness of the remaining provisions remains unaffected. 2. The invalid or unenforceable provisions should be replaced by an effective and enforceable provision whose effects come as close as possible to the economic objective that the contracting parties were pursuing with the ineffective or unenforceable provision. 3. Paragraphs (1) and (2) apply accordingly if the contract turns out to be incomplete. 4. Keschsolar is not responsible for clarifying tax and legal issues. 5. Keschsolar is entitled to have the deliveries and services owed to the customer carried out in whole or in part by third parties. Right of withdrawal for consumers Consumers have a right of withdrawal as follows, whereby a consumer is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity. Cancellation instructions Consumers have the following right of cancellation. You have the right to cancel this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier of the goods took possession of the last goods. If the contract does not include the purchase of a movable item (e.g. photovoltaic system) by you, the cancellation period begins when the contract is concluded. In order to exercise your right of withdrawal, you must contact: Keschsolar GmbH Sandweg 32 65604 Elz Email: info@keschsolar.de by means of a clear statement (e.g. an email, a fax or a letter sent by post) about your decision to withdraw from this contract, inform. You can use the attached sample cancellation form, although this is not mandatory. In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires. Consequences of withdrawal If you withdraw from this contract, we will have to pay you all payments that we have received from you, including delivery costs (except for additional costs resulting from you choosing a different type of delivery than that offered by us). have chosen the cheapest standard delivery), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. You must return or hand over the goods to us (Keschsolar GmbH, Sandweg 32, 65604 Elz) immediately and in any case no later than fourteen days from the day on which you inform us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired. You bear the direct costs of returning the goods. For goods that cannot be returned normally by post due to their nature, this amounts to EUR 250. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Conclusion or early expiry of the right of withdrawal The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. The right of withdrawal expires prematurely in contracts for the delivery of goods if, due to their nature, they were inseparably mixed with other goods after delivery. End of revocation