Terms of service

General Terms and Conditions with Customer Information

Table of contents

1. scope
2. conclusion of the contract
3. Right of Withdrawal (For Consumers)
4. Return and Cancellation Conditions (For Entrepreneurs)
5. Prices and payment terms
6. delivery and shipping conditions
7. self-supply reservation
8. retention of title
9. liability for defects (warranty)
10. liability for damages
11. disposal
12. Applicable Law & Severability Clause
13. Alternative Dispute Resolution
14. Zero tax rate Austria / Legally binding declaration of the purchaser/plant operator (For eligible customers from Austria)
15. Zero tax rate Germany / Legally binding declaration of the purchaser/plant operator (For eligible customers from Germany)

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Solarvie GmbH (hereinafter "Seller") apply to all contracts that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods and/or services presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby contradicted, unless otherwise agreed.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.

1.3 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process. The customer can also submit the offer to the seller by email, fax, post or telephone.

2.3 The Seller may accept the Customer’s offer within five days,

- by sending the customer a written order confirmation or an order confirmation in text form (e-mail), whereby the receipt of the order confirmation by the customer is decisive, or

- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or

- by manually requesting payment from the customer after placing the order. Automated messages sent by the system are not affected by this.

If several of the aforementioned alternatives exist, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing will be carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.

2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer after sending their order together with these terms and conditions in text form (e.g. email, fax or letter). In addition, the contract text is archived on the seller's website and can be accessed free of charge by the customer via their password-protected customer account by entering the relevant login data, provided that the customer has created a customer account in the seller's online shop before sending their order.

2.6 Before submitting the binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better identifying input errors can be the browser's zoom function, which helps to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.

2.7 Only the German language is available for the conclusion of the contract.

2.8 Order processing and contact are usually carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal (for consumers)

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller’s cancellation policy.

4.) Return and cancellation conditions (for entrepreneurs)

4.1. The return of goods is carried out exclusively on a voluntary basis by the seller and is an exception. A return will only be accepted if the following conditions are met:
1.) The goods were delivered directly by the seller and properly invoiced,
2.) The goods are in the original packaging and are in perfect, re-saleable condition,
3.) The seller has agreed to the return of the goods in writing.

4.2. Return of goods is excluded if:
– The net value of the goods is less than EUR 250 and/or
– The goods were not purchased directly from the seller and/or
– The delivery date of the goods was two (2) months or more ago and/or
– The goods are no longer considered saleable (e.g. products that are no longer available in the seller’s online shop ( www.solarvie.at ), custom-made items or items that have undergone technical changes) and/or
– The item is expressly marked as non-returnable.
In addition, returns will be refused if the return process described in point 4.3 of these General Terms and Conditions is not properly followed.

4.3. If the Customer wishes to make a return, he must first request this in writing from the Seller, indicating the article number, order quantity and invoice number. The Seller will examine the request and then inform the Customer in writing whether the return is approved or rejected. The goods must be returned within ten (10) days of the Seller's written approval. The deadline begins on the date of the written confirmation and is only met if the goods are received by the Seller on time. Goods that arrive late will not be accepted and will be returned to the Customer at the Customer's expense and risk. Returns will be made exclusively at the Customer's expense, who remains responsible for proper transport and for any possible damage or loss until the goods arrive at the Seller. Goods that are sent carriage forward or without the Seller's prior consent will also not be accepted and will be returned at the Customer's expense. The same applies if, after receipt of the goods by the Seller, it turns out that the information required under points 4.1 and 4.2 is incomplete or incorrect.

4.4. All returns will be credited by the seller. The returned goods will be credited at the net value of the goods less a processing fee of 15% of the net value of the goods. The credit amount will be offset against the customer's next invoice. The credit amount will not be paid out in cash.

4.5. Cancellation of legally binding orders is only possible with the express consent of the seller and is carried out in exceptional cases as a goodwill gesture by the seller. In the event of cancellation, a cancellation fee will be charged based on the following percentage of the value of the goods:
− Up to 2 weeks before the delivery date: deposit or at least 25% of the value of the goods,
− From 2 weeks before the delivery date: 30% of the value of the goods,
− After the delivery date (if the goods are returned): 50% of the value of the goods.
If the products are customized as part of the order or if products were procured specifically for the order (e.g. custom-made products or non-standard items), cancellation is not possible.

5) Prices and payment terms

5.1 Unless otherwise stated in the seller's product description, the prices stated are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are stated separately in the respective product description.

5.2 Various payment options are available to the customer, which are specified in the seller’s online shop right at the beginning of the ordering process.

5.3 If advance payment has been agreed, payment is due immediately after conclusion of the contract.

5.4 If the payment method "SOFORT" is selected, payment processing will be carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to pay the invoice amount via "SOFORT", the customer must have an online banking account activated for participation in "SOFORT", identify themselves accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction will be carried out immediately afterwards by "SOFORT" and the customer's bank account will be debited. The customer can find more information about the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/.

5.5 If you select a payment method offered via the "Shopify Payments" payment service, payment processing will be carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the customer in the seller's online shop. To process payments, Stripe may use other payment services for which special payment terms may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.

5.6 If you select the payment method of purchase on account, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to only offer the payment method of purchase on account up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in the payment information in the online shop.

5.7 If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de) within 14 (fourteen) days of the invoice date without deduction, unless otherwise agreed. The payment method purchase on account requires a successful credit check by Klarna AB. If the customer is permitted to pay on account after checking his creditworthiness, the payment is processed in cooperation with Klarna AB, to which the seller assigns his payment claim. In this case, the customer can only pay to Klarna AB with a debt-discharging effect. In all other respects, the general terms and conditions of Klarna AB apply, which the customer can access as part of the ordering process. The seller reserves the right to only offer the payment method purchase on account up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of any payment restrictions in the payment information in the online shop.

6) Delivery and shipping conditions

6.1 The delivery of goods takes place by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.

6.2 For goods delivered by freight forwarding, delivery is made "free curbside", i.e. up to the public curb closest to the delivery address, unless otherwise stated in the shipping information in the seller's online shop and unless otherwise agreed.

6.3 If the transport company returns the goods to the seller because delivery to the customer was not possible, the customer will bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service to him a reasonable time in advance. Furthermore, this does not apply with regard to the costs of delivery if the customer effectively exercises his right of cancellation. If the customer effectively exercises his right of cancellation, the provisions in the seller's cancellation policy apply to the return costs.

6.4 In the case of self-collection, the seller will first inform the customer by email that the goods ordered by him are ready for collection. After receiving this email, the customer can collect the goods from the seller's collection warehouse (address will be announced separately) after consultation with the seller. In this case, no shipping costs will be charged.

6.5 In the event of force majeure, such as operational disruptions, transport delays, measures in the context of industrial disputes (in particular strikes and lockouts), epidemics and pandemics (statements/recommendations of the Foreign Office/WHO are considered an indication, e.g. in the case of Corona), official orders as well as non-delivery or incorrect or late delivery by the seller's suppliers when concluding a congruent hedging transaction with the supplier, for whatever reason (reservation of self-supply), and in the event of other unforeseeable hindrances to performance for which the seller is not responsible and which were not foreseeable at the time the contract was concluded, the seller can postpone the delivery or service for the duration of the hindrance and a reasonable start-up time thereafter. If such events make it significantly more difficult or impossible for the seller to deliver or provide the service and the hindrance is not only temporary, the seller is entitled to withdraw from the contract. If the delay makes it unreasonable for the customer to accept the delivery or service, the customer can withdraw from the contract by immediately notifying the seller in writing.

 

7) Reservation of self-supply

In the case of deliveries obtained from third parties, the Seller reserves the right to withdraw from this contract or to extend the delivery period appropriately if the Seller cannot be supplied with the necessary materials or products or cannot be supplied on time for reasons beyond its control. Such reasons may include, but are not limited to, operational disruptions at suppliers, transport delays, strikes, lockouts, epidemics or pandemics, as well as official orders. The Seller will inform the Customer immediately of the exercise of this reservation and make all reasonable efforts to minimize the impact on the delivery or service.

8) Retention of title

8.1 If the Seller makes advance payments, he reserves title to the delivered goods until the purchase price owed and all associated costs and expenses have been paid in full.

8.2 In addition, the following applies to entrepreneurs:

8.2.1 The customer shall store the reserved goods for the seller free of charge and undertakes to store the reserved goods separately from other items. Upon request, the customer is obliged to provide the location of the reserved goods.

8.2.2 As long as the customer is not in default of payment and insolvency proceedings have not been initiated or applied for, he is entitled to resell or process the reserved goods in the course of ordinary business. However, pledging or transferring ownership as security is not permitted.

8.2.3 If the customer processes the reserved goods, this is deemed to have been carried out on behalf of and in the interest of the seller. The customer acquires ownership or - if the goods are processed using third-party materials or if the processed item is of higher value - co-ownership in the ratio of the value of the reserved goods to the value of the newly created item. If the customer does not acquire ownership or co-ownership, he transfers this to the seller as security. The customer is obliged to take all necessary measures to ensure the transfer of ownership. If the reserved goods are combined or mixed with other items, the customer transfers co-ownership to the seller in proportion to the value ratio mentioned.

8.2.4 The reserved goods may only be resold if the customer has previously informed the seller of the buyer's full details (name or company and address). The customer's claims against the buyer arising from a resale are already assigned to the seller as security. The seller is entitled to notify the debtor of the assignment. This also applies to other claims that take the place of the reserved goods, such as insurance payments or claims for compensation in the event of loss or destruction. The customer is authorized to collect these claims in his own name until revoked. The seller can revoke the direct debit authorization if the sale becomes necessary.

8.2.5 If third parties access the reserved goods, for example by seizure, the customer is obliged to point out that they are the property of the seller and to notify the seller immediately. If the third party is unable to reimburse the resulting costs, in particular for legal measures, the customer is liable for these expenses.

8.2.6 The Seller undertakes to release the reserved goods and associated securities at the Customer's request if the value of the securities exceeds the amount of the secured claims by more than 50%. The Seller is responsible for selecting the securities to be released.

8.2.7 If the customer breaches essential contractual obligations, in particular by default in payment, the seller is entitled to take back the reserved goods at the customer's expense or to demand the assignment of the customer's claims for return against third parties. The return or seizure of the reserved goods by the seller does not constitute a withdrawal from the contract unless this is expressly stated.

9) Liability for defects (warranty)

9.1 Unless otherwise stated in the following provisions, the provisions of statutory liability for defects apply. The following applies to contracts for the delivery of goods:

 

9.2 If the customer acts as an entrepreneur:

9.2.1 For new goods, the limitation period for defects is one year from delivery of the goods

9.2.2 In the case of used goods, rights and claims due to defects are excluded;

9.2.3 The limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

9.2.4 The customer must inspect the delivered goods thoroughly immediately, either himself or a third party designated by him. Any defects or damage must be noted immediately in writing on the delivery note. Even minor damage to the packaging or the goods should be documented with the note "goods received damaged" in order to ensure that complaints and settlements are made on time and in a legally correct manner. A detailed description of the damage found, supplemented by photo documentation, must be sent to the seller within seven (7) days. After this period has expired, later complaints cannot be taken into account by the shipping company or the transport insurance company for insurance reasons.
The seller may request that the delivery item be returned to him freight prepaid. If there is a justified complaint, the seller will reimburse the costs for the cheapest shipping method, unless (1) the delivery item is located at a location other than the intended place of use, which results in higher costs, or (2) the delivery item is located outside Europe.

9.2.5 If a complaint about a defect is made within the deadline and with justification, the customer's claim is limited to rectification. The seller can, at its own discretion, either deliver a defect-free product as a replacement or remedy the defect at the place of delivery or at the production facility. If rectification fails at least twice for the same defect, the customer has the right to reduce the price or withdraw from the contract.

9.2.6 If the complaint is not made within the specified period of seven (7) days, all claims for damages in connection with the defect shall expire. In addition, the customer shall lose the right to invoke errors with regard to the absence of defects in the goods.

9.2.7 The warranty claims are void if the customer or a third party carries out repairs, modifications or restorations to the delivered items without the express consent of the seller. The claim also expires if repair work is hindered by the customer or third parties, if the commissioning is carried out contrary to the seller's instructions or if the defect is due to improper or negligent handling or normal wear and tear. If such modifications result in additional costs for remedying the defect, these must be borne by the customer. If the delivery item is outside Europe, the seller will neither cover nor reimburse transport costs.

9.2.8 The limitations of liability and shortening of time limits set out above do not apply

- for claims for damages and reimbursement of expenses by the customer,

- in the event that the seller has fraudulently concealed the defect,

- for goods which have been used in accordance with their normal use for a building and have caused its defectiveness,

- for any obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

 

9.2.9 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected.

 

9.3 If the customer is acting as a consumer, he is requested to complain to the deliverer about goods that have obvious transport damage and to inform the seller of this. If the customer does not do this, this will have no effect on his legal or contractual claims for defects.

10.) Liability for damages

10.1. The Seller's liability for damages, regardless of the legal reason - in particular in the event of impossibility, delay, defective or faulty delivery, breach of contract, breach of contract negotiations or unlawful acts - is limited in accordance with the provisions of this clause to the extent that it is based on the Seller's fault. This liability is also limited with regard to damages caused by defects in accordance with point 9.2.6. For consumers, the limitations of liability only apply to the extent permitted by applicable law.

10.2. The Seller shall only be liable for intentional acts or gross negligence on the part of its bodies, legal representatives, employees or other vicarious agents.

10.3. If the seller is generally liable according to clause 10.2, this liability is limited to such damages that the seller could have foreseen as possible consequences of a breach of contract when concluding the contract or should have foreseen with the exercise of normal care. Damages that arise indirectly or as a result of defects in the delivery item are only compensable if these damages are typically to be expected when the product is used properly. These limitations of liability also apply to the benefit of the bodies, legal representatives, employees and other vicarious agents of the seller.

10.4. If the Seller provides technical advice or offers consulting services outside the contractually agreed scope of services, this is done on a voluntary basis and without liability for the Seller.

10.5. The limitations of liability set out in this paragraph shall not apply to the Seller's liability for guaranteed properties, damage to life, body or health or within the framework of the Product Liability Act.

11) Disposal
In the event of disposal of items that were purchased and obtained from the seller on the basis of these terms and conditions, the customer (regardless of whether they are a consumer or a business) is obliged to bear all possible disposal costs that arise in connection with these items. Companies are also obliged to make agreements with end users in accordance with Section 10 Paragraph 3 of the EAG Regulation for waste electrical equipment and Section 15 Paragraph 2 of the Battery Regulation for batteries in order to ensure that this obligation is transferred.

12) Applicable Law & Severability Clause

12.1 If the customer acts as an entrepreneur within the meaning of section 1.2, all legal relationships between the parties shall be governed by the law of the state in which the seller has its place of business, excluding the UN Convention on the International Sale of Goods, and the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of business.

12.2 If the customer acts as a consumer within the meaning of section 1.2, all legal relationships between the parties shall be governed by the law of the state in which the customer has his or her habitual residence, excluding the UN Convention on the International Sale of Goods, and the exclusive place of jurisdiction for all disputes arising from this contract shall be the customer's place of residence.

12.3 Should any provision of this contract be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, the provision that comes closest to the originally intended economic purpose shall be deemed to have been agreed. This clause only applies to consumers insofar as it does not restrict any mandatory statutory rights of the consumer.

13) Alternative dispute resolution

13.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.

13.2 The Seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

14.) Zero tax rate Austria / Legally binding declaration of the purchaser/plant operator (For eligible customers from Austria)

According to Section 28 Paragraph 62 of the VAT Act 1994, a temporary VAT exemption (so-called "zero tax rate") will apply to deliveries, intra-community acquisitions, imports and installations of photovoltaic modules from January 1, 2024. This regulation applies if the bottleneck output of the photovoltaic system does not exceed 35 kW (peak) in total and the system is operated by the operator on or near certain buildings. In addition, no application for an investment grant under the Renewable Energy Expansion Act (EAG), Federal Law Gazette I No. 150/2021 in the current version, may have been submitted for the photovoltaic system in question by December 31, 2023.

The sales tax is reduced to 0 percent for the following sales:

The supply of solar modules to the operator of a photovoltaic system, including essential components and storage devices intended to store the electricity generated by solar modules, provided that the photovoltaic system is installed on or near private dwellings, apartments and public and other buildings used for the common good.

The requirements are considered to be met if the installed gross output of the photovoltaic system does not exceed or will not exceed 35 kilowatts (peak) according to the market data register. The delivery of photovoltaic modules to expand an existing system is subsidized up to a total output of 35 kW (peak). If accessories or a storage unit are purchased at the same time, this is a single subsidized delivery. The mere retrofitting of an existing system with a storage unit, however, is subject to the standard tax rate.

For further information, please see the link to the website of the Federal Ministry of Finance. Tax rate for photovoltaic modules - FAQs BMF

Legally binding declaration of the purchaser/plant operator:

By completing the purchase and checking the box "Entitlement to the zero tax rate" in the checkout window or alternatively by submitting a completed 0% form, the customer hereby confirms that he has taken note of the information listed above and expressly declares that he (or his order) meets the requirements for the application of the zero tax rate in accordance with Section 28 Paragraph 62 of the VAT Act 1994 and requests that it be applied. The customer is aware that the regular statutory sales tax (standard tax rate 20%) must be paid subsequently if his information was incorrect or if this is required by the tax office.

15.) Zero tax rate Germany / Legally binding declaration of the purchaser/plant operator (For eligible customers from Germany)

According to Section 12 Paragraph 3 No. 1 of the VAT Act (so-called “zero tax rate” or “real VAT exemption”), the zero tax rate is applied to the supply of photovoltaic products.

The prerequisite for the application of the zero tax rate is that the bottleneck power of the photovoltaic system (total) does not exceed 30 kW (peak) and that the system is operated by the operator on or near certain buildings.

The sales tax is reduced to 0 percent for the following sales:

The supply of solar modules to the operator of a photovoltaic system, including the components essential for its operation and the storage units used to store the electricity generated by solar modules, if the photovoltaic system is installed on or near private homes, apartments and public and other buildings used for activities serving the public good, and if the installed gross output of the photovoltaic system does not or will not exceed 30 kilowatts (peak) according to the Market Data Register.

For further information please see the following linkTax rate for photovoltaic modules

Legally binding declaration of the purchaser/plant operator:

By completing the purchase and checking the box "Entitlement to the zero tax rate" in the checkout window or alternatively by submitting a completed 0% form, the customer hereby confirms that he has taken note of the information listed above and expressly declares that he (or his order) meets the requirements for the application of the zero tax rate in accordance with Section 12 Paragraph 3 No. 1 of the VAT Act and requests that it be applied. The customer is aware that the regular statutory sales tax (standard tax rate 19%) must be paid subsequently if his information was incorrect or if this is required by the tax office.

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Note: Taxes are calculated in the checkout window during the ordering process and are manually checked by the seller for accuracy and plausibility after the order has been received. This may lead to queries or, in the case of incorrect information, to the subsequent calculation of sales tax.