Allgemeine Geschäftsbedingungen (AGB)
für den Onlineshop unter der Adresse https://www.eco-fleet.org/en betrieben von derEMSI Gruppe GmbHBreisgaustr. 21/1, D-77933 Lahr, Deutschland
E-Mail: info@emsi-gruppe.de
Telefon: +49 (179) 216 66 48
– im Folgenden „Verkäufer“ genannt –
1. Scope of Application
The EMSI Gruppe GmbH, Breisgaustr. 21/1, D-77933 Lahr, Germany, hereinafter referred to as Seller, offers various products, including solar systems, products for electric vehicles, car parts and accessories via the online shop at https://www.eco-fleet.org/en. These General Terms and Conditions (GTC) govern the contractual relationship between the Seller and the Buyer in the current version valid at the time of the order.
(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity.
An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
These terms and conditions apply to all customers, including consumers and entrepreneurs.
(3) Individual contractual agreements take precedence over these General Terms and Conditions. Deviating, conflicting or supplementary conditions do not become part of the contract unless expressly agreed by both parties.
2. Conclusion of Contract
2.1 The products presented in the online shop are a non-binding invitation by the Seller to visitors to submit a purchase offer and not a legally binding offer. Products can be placed in the shopping cart without obligation, and customers can adjust their selection at any time before submitting the order by removing or changing products in the shopping cart.
2.2 The order of the goods takes place via the checkout page.
2.3 By clicking on the "Confirm Order" button, the customer submits a binding offer to purchase the selected goods. Subsequently, the customer will receive an order confirmation by email and the purchase contract is concluded. The contract is available in German and English.
2.4 The confirmation of receipt of the order by email does not constitute acceptance of the purchase contract. The purchase contract is only concluded with the dispatch of the goods.
2.5 After the order has been handed over to the shipping service provider, the customer will receive a notification from the commissioned shipping company within three working days with a confirmation of the delivery date to the address specified in the order.
3. Right of Withdrawal for Consumers
3.1 The buyer has the right to withdraw from the purchase contract within 14 days of receipt of the goods without giving reasons, provided that the goods have not been used and are in their original condition.
3.2 To exercise the right of withdrawal, the buyer must notify the seller (EMSI Gruppe GmbH, Breisgaustr. 21/1, D-77933 Lahr, Germany) and follow the instructions for the return.
3.3 In the event of a withdrawal within 14 days of receipt of the goods, the seller will refund all payments made to the buyer. The buyer bears the direct costs of returning the goods.
4. Prices and Terms of Payment
4.1 All prices are quoted in euros and, unless otherwise stated, do not include value added tax. The applicable taxes and fees are calculated and displayed during the ordering process. The final amount including taxes, fees and shipping costs will be indicated before order confirmation.
4.2 The buyer can choose between the available payment methods - payment by credit card via the Stripe system. The currency conversion displayed in Stripe is for the sole purpose of estimating the costs for the buyer and does not affect the final payment amount, which is made in euros.
4.3 Payment must be made in full before the goods are shipped. The seller reserves the right to ship the goods only after receipt of the full order amount. After receipt of payment, the buyer will receive a payment confirmation and the purchase contract by email.
4.4 In the event of price changes or price errors, the seller will inform the buyer and offer to confirm the order at the corrected price or to cancel it. If the seller cannot contact the buyer, the order will be considered cancelled and any payments already made will be refunded.
4.5 The seller reserves the right to adjust prices at any time. The final price will be indicated at the time of payment and confirmed by the buyer before completing the order.
5. Terms of Delivery
5.1 The seller delivers within Europe. The shipping costs are added to the total amount of the order before payment and correspond to the rates of the shipping company.
5.2 The delivery time within Germany depends on the selected shipping service provider. The delivery period begins three working days after order confirmation, as soon as the seller hands over the goods to the shipping company.
5.3 For international deliveries, the buyer is obliged to pay all additional customs duties and fees associated with the import of the goods into their country.
5.4 If the beginning or end of the delivery period falls on a Saturday, Sunday or public holiday, the period is postponed to the next working day.
6. Retention of Title
6.1 The goods remain the property of the seller until the purchase price has been paid in full. In the event of incomplete or delayed payment, the seller reserves the right to demand the return of the goods.
5.1 The seller delivers within Europe. The shipping costs are added to the total amount of the order before payment and correspond to the rates of the shipping company.
5.2 The delivery time within Germany depends on the selected shipping service provider. The delivery period begins three working days after order confirmation, as soon as the seller hands over the goods to the shipping company.
5.3 For international deliveries, the buyer is obliged to pay all additional customs duties and fees associated with the import of the goods into their country.
5.4 If the beginning or end of the delivery period falls on a Saturday, Sunday or public holiday, the period is postponed to the next working day.
7. Warranty and Liability
7.1 The seller provides a warranty on new spare parts in accordance with the period specified in the manufacturer's warranty certificate, which is enclosed with each product, where applicable.
7.2 Used (b/used) parts are sold "as is" without any warranty and are excluded from exchange and return, except in cases provided for by law.
7.3 The seller is not liable for defects or damages that occur after the transfer of the goods to the buyer, unless otherwise stipulated by law.
7.4 In the event of a manufacturing defect, the buyer is obliged to notify the seller and provide evidence of the defect (e.g. photos or videos) to arrange an exchange, repair or return.
7.5 The seller is not liable for indirect damages, such as loss of profit or costs associated with the impossibility of using the goods, unless otherwise stipulated by law.
7.6 The buyer is responsible for following all instructions for the installation and use of the goods. The seller is not liable for damages resulting from incorrect installation or failure to observe the instructions.
7.7 The seller is not liable for accidental errors, typographical errors or inaccuracies in the product descriptions on the website.
7.8 The seller is not liable for defects caused by unauthorized interventions, violations of the operating instructions or failure to observe the installation and usage instructions.
8. Applicable Law and Jurisdiction
8.1 These General Terms and Conditions and all legal relationships between the seller and the buyer are subject to German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
8.2 Disputes arising from or in connection with the contract shall be heard at the seller's place of jurisdiction, unless this conflicts with mandatory consumer protection provisions.
9. Data Protection
9.1 Rights of Users
According to the GDPR, users have the following rights:
- Right to Information (Art. 15 GDPR): Users can request a copy of their data by contacting us via email.
- Right to Rectification (Art. 16 GDPR): Possibility to request the correction of incorrect data.
- Right to Erasure of Data (Art. 17 GDPR): Request to delete the data if it is no longer needed.
- Right to Restriction of Processing (Art. 18 GDPR): Possibility to restrict data processing.
- Right to data portability (Art. 20 GDPR): Receiving data in a machine-readable format.
- Right to withdraw consent (Art. 7 GDPR): Users can withdraw their consent to data processing at any time.
9.2 Procedure for withdrawing consent
Users can withdraw their consent to data processing by sending a request to info@eco-fleet.org.
9.3 Data processors and international data transfer
When transferring data to third parties, the seller uses the EU standard contractual clauses. Data processors include:
- Webflow for hosting.
- Stripe for payment processing.
10. Final provisions
10.1 These General Terms and Conditions are subject to German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the choice of German law deprives the consumer of mandatory rights under the law of their country of residence, the statutory provisions of the consumer's country of residence shall apply.
10.2 If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, the place of jurisdiction is the seller's registered office. This regulation applies unless there is an exclusive jurisdiction for the specific dispute.
10.3 Should individual provisions of this contract be invalid or unenforceable, the remaining provisions of the contract shall remain in effect. The invalid or unenforceable provision shall be replaced by a valid one that comes as close as possible to the original meaning.
10.4 The seller assumes no liability for errors and inaccuracies on the website, as well as for technical malfunctions, delays in updates or outdated information. In the event of such errors, the seller reserves the right to change the content of the website without prior notification to customers.
10.5 Modification of the terms: The seller reserves the right to change the terms of use of the website. Users will be informed of significant changes to the terms and conditions by electronic message or on the website.
11. Information on dispute resolution
11.1 The seller informs customers about the existence of the European Online Dispute Resolution platform (https://ec.europa.eu/consumers/odr) and reserves the right not to participate in dispute resolution proceedings before consumer arbitration boards.