General Terms and Conditions

The online shop is aimed exclusively at natural or legal persons or partnerships with legal capacity acting in the course of their commercial or self-employed professional activities, hereinafter referred to as “customers”.

The operator of the shop and the contracting party for all sales contracts concluded via this platform is Akkuplanet GmbH.

§ 1 Scope of Application

(1) All offers, sales contracts, deliveries and services arising from orders placed by the contracting parties (hereinafter ‘customers’) via this online shop (hereinafter ‘online shop’) are subject to these General Terms and Conditions.

(2) The customer’s or any third party’s terms and conditions shall not apply, even if the seller does not specifically object to their validity in individual cases. Even if the Seller refers to a letter which contains or refers to the terms and conditions of the Customer or a third party, this does not constitute agreement to the applicability of those terms and conditions.

§ 2 Conclusion of the Contract

(1) All offers made by the seller are subject to change and non-binding.

(2) Information provided by the seller regarding the subject-matter of the delivery or service (e.g. weights, dimensions, utility values, load-bearing capacity, tolerances and technical data), as well as representations thereof (e.g. drawings and illustrations), are only approximate, unless suitability for the contractually intended purpose requires exact conformity. These specifications do not constitute guaranteed characteristics, but rather descriptions or identifications of the goods or services. Deviations customary in the trade and deviations resulting from legal provisions or constituting technical improvements, as well as the replacement of components with equivalent parts, are permissible provided they do not impair the suitability for the contractually intended purpose.

(3) The customer may select products from the online shop’s range and add them to a virtual shopping basket by clicking a button labelled ‘Add to basket’. The customer may view the contents of the shopping basket at any time and modify them using the functions provided to remove, add or adjust items. The customer then has the option to enter or select their billing address, a delivery address, the payment method and the delivery method. This information can be viewed on a summary page and amended using the edit function. By clicking the ‘Place a binding order’ button, the customer submits a binding offer to purchase the goods in their shopping basket.

(4) The seller shall initially confirm receipt of an order by means of an order confirmation, which sets out the customer’s order once again and which the customer can print out using the ‘Print’ function. The automatic acknowledgement of receipt merely confirms that the customer’s order has been received and does not constitute acceptance of the offer.

The seller is entitled to reject the offer and to submit a revised offer to the customer, possibly with amendments regarding the agreed method of payment.

If the seller accepts the customer’s offer, this shall be done in accordance with the following provisions:

• For orders paid in advance or, where offered, via PayPal, the seller shall request payment from the customer.

• For orders paid by direct debit or, where offered, by invoice, the contract is concluded when the seller sends the customer an order confirmation within five working days of receiving the order, or when the seller delivers the ordered goods to the customer, in each case the date of receipt by the customer being decisive.

(5) The contract language is German.

(6) The text of the contract shall be stored by the seller. The order details, together with the terms of the contract, including a link to these General Terms and Conditions, shall be sent to the customer separately in writing. In addition, the text of the contract shall be archived on the seller’s website and may be accessed by the customer via their password-protected customer account by entering the relevant login details.

 § 3 Customer Account

(1) A customer account must be opened in order to place an order. As part of the registration process, the customer undertakes to provide only truthful information about themselves and their company and to keep their details up to date at all times.

(2) The customer shall receive login details for their customer account. The customer is obliged to keep these login details confidential and to inform the seller immediately of any loss or misuse of the login details.

§ 4 Delivery, Availability of Goods

 (1) Deliveries are made ex works. The seller is entitled to engage third parties to fulfil its contractual delivery obligations.

(2) The delivery of dangerous goods may only take place within Germany. The delivery period shall be agreed on a case-by-case basis.

(3) Without prejudice to the Seller’s rights arising from the Customer’s default, the Seller may require the Customer to extend delivery and performance periods or to postpone delivery and performance dates by the period during which the Customer fails to fulfil its contractual obligations towards the Seller.

(4) The seller shall not be liable for the impossibility of delivery or for delays in delivery insofar as these are caused by force majeure or other events unforeseeable at the time the contract was concluded (e.g. operational disruptions of any kind, difficulties in procuring materials or energy, transport delays, strikes, lawful lockouts, labour, energy or raw material shortages, difficulties in obtaining the necessary official approvals, official measures, or the failure of suppliers to deliver, or to deliver correctly or on time), for which the seller is not responsible. Where such events make delivery or performance substantially more difficult or impossible for the Seller, and the hindrance is not merely of a temporary nature, the Seller shall be entitled to withdraw from the contract. In the event of impediments of a temporary nature, the delivery or performance periods shall be extended or the delivery or performance dates postponed by the duration of the impediment plus a reasonable start-up period.

Insofar as the customer cannot reasonably be expected to accept the delivery or service as a result of the delay, they may withdraw from the contract by giving the seller immediate written notice.

§ 5 Dispatch

 (1) Unless otherwise specified, the place of performance for all obligations arising from the contractual relationship is the seller’s registered office.

(2) The method of dispatch and the packaging are at the Seller’s discretion, exercised in accordance with due care.

(3) Risk passes to the customer at the latest upon handover of the goods (with the start of the loading process being decisive) to the forwarding agent, carrier or any other third party designated to carry out the shipment. This also applies in the event of partial deliveries. If dispatch or handover is delayed due to circumstances for which the Customer is responsible, the risk shall pass to the Customer from the day on which the goods are ready for dispatch and the Seller has notified the Customer thereof. Any costs and damages incurred by the seller as a result of the customer’s default in acceptance shall be borne by the customer.

(4) If, after we have already fallen into default, the buyer sets us a reasonable grace period with a warning of termination, they shall be entitled, upon the fruitless expiry of this grace period, to withdraw from the contract or to claim damages for non-performance, the latter, however, only if the default was due to wilful misconduct or gross negligence or, in the case of slight negligence, to a breach of material contractual obligations.

 § 6 Right of return

(1) The customer is entitled to return the goods received without giving any reason within 30 days of receipt by returning the goods. The goods will be taken back at the current market price. However, the return must be notified in advance. This notification must be made via the seller’s central returns office:

Akkuplanet GmbH
RMA – Department
Berta-Benz-Str. 18
40670 Meerbusch

(2) Goods may only be returned if they are unused and in a condition suitable for resale. The goods must be returned in their original packaging together with all accessories. In the event of damage to the packaging, a 20 % reduction in value shall apply; in the event of damage resulting from use, a 50 % reduction in value shall apply.

(3) The customer shall bear the costs of returning the goods. The costs of reversing the transaction amount to €10 per item returned. This does not apply to warranty claims and complaints.
For goods that cannot be sent by parcel post (e.g. bulky goods and items marked with the note ‘*Delivery free of charge.’), please contact us in advance. On request, we will be happy to collect these goods from you and provide you with a quote for the costs involved.

(4) For your return, please use our form “Returns”. Please complete this in full and enclose it with the return consignment. If this is a complaint, it is very important for us to have a precise description of the fault so that we can avoid any such faults in future and find the best possible solution for you.

§ 7 Retention of title

(1) The goods delivered shall remain the property of the seller until all claims arising from the business relationship have been paid in full.

(2) The seller undertakes to release the security to which it is entitled at the buyer’s request to the extent that the realisable value of the security exceeds the claim to be secured by more than 10%. The choice of which securities are to be released rests with the seller. If the seller withdraws from the contract due to the buyer’s breach of contract – in particular, default in payment – (event of realisation), the seller is entitled to demand the return of the goods subject to retention of title.

§ 8 Prices and Payment

(1) The prices apply to the scope of services and deliveries specified in the order confirmations. Additional or special services shall be invoiced separately. Prices are quoted in euros ex works, excluding packaging, postage, statutory value-added tax, any ‘ Zoll ’ charges, as well as fees and other public levies.

(2) The seller grants the customer the option to choose between various payment methods, which may include: payment by invoice, prepayment, PayPal Plus (Visa, Mastercard, PayPal) or direct debit. To mitigate credit risk, the Seller reserves the right, depending on the outcome of any credit check carried out, to make a delivery only subject to certain payment methods.

(3) If the parties have agreed on payment in advance or, where offered, via PayPal, the invoice amount is due immediately upon conclusion of the contract.

(4) For orders placed via our online shop with a value of 250.00 EUR or more (excl. VAT), delivery within Germany is free of charge. For orders below this amount, a flat-rate delivery charge of 9.00 EUR plus statutory VAT applies within Germany. For orders placed outside the online shop (e.g. by email or telephone), delivery within Germany is free of charge for orders totalling 500.00 EUR or more (excl. VAT). For orders below this value, a flat-rate delivery charge of 9.00 EUR plus statutory VAT will also be applied.
For consignments of dangerous goods, a dangerous goods surcharge of EUR 20.00 plus statutory VAT is generally levied, irrespective of the net order value of the goods. Express delivery of dangerous goods is not possible.

(5) If the parties have agreed on ‘invoice’ as the method of payment, the invoice amount is due within ten days of receipt of the invoice and must be paid in full without any deduction. The date of payment shall be determined by the date of receipt by the seller. If the customer fails to pay within twenty-one days of receipt of the invoice, they shall be in default without the need for a reminder. During the period of default, interest shall be charged on the purchase price at a rate of 9 percentage points above the base rate. We reserve the right to claim further damages arising from the default.

(6) Offsetting against counter-claims by the customer or withholding payments on the basis of such claims is only permitted insofar as the counter-claims are undisputed or have been established by a final and binding judgement. In the event of defects in the delivery, the customer’s counter-rights remain unaffected.

§ 9 Warranty for Material Defects

(1) The warranty period is one year from the date of delivery or, where acceptance is required, from the date of acceptance.

(2) If the customer is a trader, the goods supplied must be carefully inspected immediately upon delivery to the customer or to a third party designated by the customer. They shall be deemed to have been approved unless the customer lodges a notice of defects regarding obvious defects or other defects which were recognisable upon an immediate and careful inspection, within seven working days of delivery of the goods or, failing that, within seven working days of the discovery of the defect or at any earlier point in time at which the defect was recognisable to the customer during normal use of the goods without further inspection. A notice of defect must be sent in writing to the contracting party. Dispatch of the notice shall suffice to meet the deadline.

(3) In the event of material defects in the delivered goods, the seller shall, at its discretion to be exercised within a reasonable period, be obliged and entitled to either repair the goods or supply a replacement. Any repair or replacement delivery does not extend the guarantee or warranty period – the original date of purchase is decisive.

(4) In the event of failure, i.e. impossibility, unreasonableness, refusal or unreasonable delay in rectification or replacement delivery, the customer may withdraw from the contract or reduce the purchase price appropriately.

(5) Any delivery of second-hand goods agreed with the customer on a case-by-case basis shall be made to the exclusion of any warranty for material defects.

(6) If a defect is attributable to the seller’s fault, the customer may claim damages subject to the conditions set out in § 10.

In all cases, the special statutory provisions governing the final delivery of the goods to a consumer (supplier’s right of recourse pursuant to Sections 478 and 479 of the German Civil Code (BGB)) remain unaffected.

(7) The assignment of warranty claims to third parties is excluded.

§ 10 Liability

(1) The seller shall not be liable in the event of simple negligence on the part of its organs, legal representatives, employees or other vicarious agents, provided that this does not constitute a breach of essential contractual obligations. Essential to the contract are the obligation to deliver and install the goods on time, the obligation to ensure that the goods are free from defects which impair their functionality or fitness for purpose to more than a negligible extent, as well as duties of advice, protection and care intended to enable the customer to use the goods in accordance with the contract, or aimed at protecting the life or physical integrity of the customer’s personnel or safeguarding the customer’s property against significant damage.

(2) Insofar as the seller is liable for damages in substance in accordance with the above provision, this liability shall be limited to damages which the seller foresaw at the time the contract was concluded as a possible consequence of a breach of contract, or which the seller ought to have foreseen had they exercised the care customary in the trade. Furthermore, indirect and consequential losses resulting from defects in the goods supplied shall only be compensable to the extent that such losses are typically to be expected when the goods are used for their intended purpose.

(3) The above exclusions and limitations of liability shall apply to the same extent in favour of the Seller’s organs, legal representatives, employees and other vicarious agents.

(4) The above exclusions and limitations of liability shall not apply to the Seller’s liability arising from wilful misconduct or gross negligence, insofar as the Seller has fraudulently concealed a defect, for guaranteed characteristics, in the event of injury to life, body or health, or under the Product Liability Act.

§ 11 Data Protection

(1) Personal data (e.g. title, surname, address, email address) are collected, processed and stored by us exclusively in accordance with applicable laws, in particular the Federal Data Protection Act (BDSG) and the General Data Protection Regulation (GDPR), as well as the Telemedia Act (TMG).

(2) As part of our privacy policy at akkuplanet.de, we provide further information on data protection, as well as on the nature, scope and purpose of the collection and use of personal data by us.

§ 12 Place of Performance, Place of Jurisdiction and Governing Law

(1) If the client is a trader, a legal person governed by public law or a special fund governed by publicspecial fund under public law, or if it has no general place of jurisdiction in the Federal Republic of Germany, Düsseldorf is agreed as the place of performance for delivery and payment and as the place of jurisdiction, provided that we are also entitled to bring legal proceedings at the place where the buyer has its registered office or a branch.

(2) If the buyer has no general place of jurisdiction within Germany, or if, after conclusion of the contract, the buyer relocates their place of business or habitual residence outside the territory of the Federal Republic of Germany, our registered office shall be the place of jurisdiction. This shall also apply if the buyer’s place of business or habitual residence is unknown at the time the action is brought.

(3) The law of the Federal Republic of Germany shall apply. The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) shall not apply

Meerbusch, in January 2023