GTC
AGB Installations
General Terms and Conditions (GTC) of DAS Kraftwerk GmbH
1. general information
2. Offer, order, order confirmation
3. Products/Mass/Quality
4. Prices
5. Terms of delivery
6. Delivery period
7. Warranty and guarantee conditions
8. Claims for damages
9. Product liability
10. Retention of title
11. Terms of payment
12. Intellectual property
13. Force majeure, benefit and risk
14. Changes
15. Binding original text
16. Place of performance
17. Place of jurisdiction, applicable law
1. general
2. offer, order, order confirmation
3. products/mass/quality
4. prices
Prices are quoted ex works excluding value-added and other taxes, customs duties or other levies and excluding packaging and transportation costs. The prices according to the written order confirmation shall apply. The applicable value added tax shall be shown separately and added. In addition, DAS is entitled to demand a reasonable price adjustment if circumstances arise after conclusion of the contract which increase costs for DAS, in particular due to an increase in the price of raw materials or merchandise as well as an increase in wage and energy costs etc. (so-called clausula rebus sic stantibus) and if there are more than 4 months between conclusion of the contract and the delivery date.
In the event that the Customer wishes to make use of the zero tax rate in accordance with Section 28 (62) UStG 1994 (Austria) or Section 12 (3) UStG (Germany), he confirms to DAS when placing the order that the conditions for the application of the zero tax rate are met. The customer operates the photovoltaic system himself, the bottleneck output does not exceed 35 kW (peak) and it is a tax-privileged building. Beneficiary buildings are, for example, those that serve residential purposes or are used by public corporations or are used by corporations, associations of persons and property funds that serve charitable, benevolent or ecclesiastical purposes. No funding has been implemented via the EAG (or there is no open application for funding)."
In the event of cancellation and/or modification of the accepted order by the Customer, DAS shall be entitled to charge the Customer for the costs of realizing the order.
5. terms of delivery
Unless otherwise agreed in writing, the terms of delivery ExWorks (INCOTERMS 2020) Leobersdorf, Austria shall apply
6. delivery period
7 Warranty and guarantee conditions
8. claims for damages
DAS shall only be liable for claims for damages if the damage was caused intentionally or through gross negligence on the part of DAS. This shall also apply to any organizational fault. Liability for consequential damages of any kind is excluded to the extent permitted by law. This applies in particular to indirect damage and loss of profit.
9. product liability
All claims arising from product liability are excluded insofar as this is permissible under applicable law and nothing to the contrary has been agreed in writing.
DAS accepts no liability for any cell breakage or other faults caused during the handling and ongoing maintenance of the PV modules. DAS points out that the PV modules must not be installed on surfaces where there is a possibility of standing water. DAS accepts no liability for damage caused by standing water.
10. reservation of title
11. payment modalities
12. intangible assets
13. force majeure, benefit and risk
14. changes
15 Binding original text
16. place of fulfillment
The place of performance for deliveries/services shall be the registered office of DAS Kraftwerk GmbH (Leobersdorf, Austria)
17 Place of jurisdiction, applicable law
The ordinary courts in Vienna, Austria, shall have jurisdiction over all disputes. DAS shall, however, be entitled to bring an action at the Customer's place of jurisdiction. All business relations between DAS and the Customer shall be governed exclusively by Austrian law.
The Uniform Sales Convention (United Nations Convention on Contracts for the International Sale of Goods, CISG) is excluded.
Leobersdorf, January 2024
AGB Webshop
General terms and conditions and customer information
1. scope of application
2. Offers and service descriptions
3. Order process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Terms of payment
7. Retention of title
8. Warranty for material defects and guarantee
9. Liability
10. Storage of the contract text
11. Final provisions
1. scope of application
1.1 The business relationship between DAS Kraftwerk GmbH (hereinafter "Seller") and the customer (hereinafter "Customer") shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.
1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.
1.3 Deviating terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity.
2. offers and service descriptions
2.1 The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogs and on the seller's websites do not have the character of an assurance or guarantee.
2.2 All offers are valid "while stocks last", unless otherwise stated with the products. Errors excepted.
3. ordering process and conclusion of contract
3.1 The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart using the "Add to cart" button. Within the shopping cart, the product selection can be changed, e.g. deleted. The customer can then proceed to complete the order process within the shopping cart by clicking on the "Proceed to checkout" button.
3.2 The customer submits a binding request to purchase the goods in the shopping cart by clicking on the "Order with obligation to pay" button. Before submitting the order, the customer can change and view the data at any time and use the browser function "back" to return to the shopping cart or cancel the order process altogether. Required information is marked with an asterisk (*).
3.3 The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller has dispatched or handed over the ordered product to the customer within 2 days or has confirmed dispatch to the customer within 2 days with a second e-mail, express order confirmation or sending of the invoice. Acceptance can also be confirmed by a request for payment sent by the seller to the customer and, at the latest, by the completion of the payment transaction. In the event of several acceptance processes, the earliest time of acceptance shall be decisive. If the seller does not accept the customer's offer within the acceptance period, no contract is concluded and the customer is no longer bound by his offer.
3.4 In the case of customers who are companies, the aforementioned period for dispatch, handover or order confirmation is seven days instead of two.
3.5 If the seller allows payment in advance, the contract is concluded when the bank details and payment request are provided. If the payment has not been received by the seller within 10 calendar days of the order confirmation being sent, despite the due date, even after a further request, the seller shall withdraw from the contract with the result that the order shall lapse and the seller shall have no obligation to deliver. The order is then completed for the buyer and seller without any further consequences. A reservation of the item for advance payments is therefore made for a maximum of 10 calendar days.
4. prices and shipping costs
4.1 All prices stated on the Seller's website include the applicable statutory value added tax.
4.2 In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.
5. delivery, availability of goods
5.1 If advance payment has been agreed, delivery shall be made after receipt of the invoice amount.
5.2 Should the delivery of the goods fail through the fault of the buyer despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.3 If the ordered product is not available because the seller is not supplied with this product by its supplier through no fault of its own, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not wish a comparable product to be delivered, the seller shall immediately reimburse the customer for any payments already made.
5.4 Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
5.5 In the case of customers who are companies, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer as soon as the seller has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment; the specified delivery dates and deadlines are not fixed dates, unless otherwise promised or agreed.
5.6 The Seller shall not be responsible for delays in delivery and performance due to force majeure and due to unforeseeable events that make delivery significantly more difficult or impossible for the Seller, even in the case of bindingly agreed deadlines and dates, vis-à-vis customers who are entrepreneurs. In this case, the seller is entitled to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up period. The right to postpone the deadline also applies to customers who are entrepreneurs in cases of unforeseeable events that affect the operations of an upstream supplier and for which neither the supplier nor the seller is responsible. For the duration of this hindrance, the customer shall also be released from his contractual obligations, in particular payment. If the delay is unreasonable for the customer, the customer may withdraw from the contract by written declaration after a reasonable period to be set by the customer or by mutual agreement with the seller.
6. payment modalities
6.1 The customer can choose from the available payment methods during and before completing the order process. Customers are informed about the available means of payment on a separate information page.
6.2 If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3 If third-party providers are commissioned with payment processing, e.g. Paypal, their general terms and conditions apply.
6.4 If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay the statutory default interest.
6.5 The obligation of the customer to pay default interest does not exclude the assertion of further damages caused by default by the seller.
6.6 The customer shall only have a right of set-off if his counterclaims have been legally established or recognized by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.
7. reservation of title
The delivered goods remain the property of the seller until full payment has been made.
For customers who are entrepreneurs, the following also applies: The seller retains ownership of the goods until all claims arising from an ongoing business relationship have been settled in full; the buyer is obliged to treat the purchased item with care as long as ownership has not yet been transferred to him. In particular, he is obliged to insure them adequately at his own expense against theft, fire and water damage at replacement value, insofar as this is appropriate or customary in the industry. If maintenance and inspection work has to be carried out, the buyer must carry this out in good time at his own expense. The processing or transformation of the reserved goods by the customer shall always be carried out for the seller. If the reserved goods are processed with other items not belonging to the Seller, the Seller shall acquire co-ownership of the new item in the ratio of the value of the reserved goods to the other processed items at the time of processing. In all other respects, the same shall apply to the item created by processing as to the reserved goods. The customer also assigns the claim to secure the claims against him which arise against a third party through the combination of the reserved goods with a property. The customer must immediately notify third parties of any seizure of the goods owned or co-owned by the seller. The customer shall bear any costs arising from such interventions for a third party action or costs for an out-of-court release. The customer is entitled to resell the goods subject to retention of title in the ordinary course of business. By way of security, the customer assigns to the seller in full all claims arising from the resale or other legal grounds with regard to the reserved goods (including all current account balance claims). The seller revocably authorizes the customer to collect the claims assigned to the seller for his account and in his own name. This direct debit authorization can be revoked if the customer does not properly meet his payment obligations. The seller undertakes to release the securities to which the seller is entitled at the customer's request if their total sales value exceeds the sum of all outstanding claims of the seller from the business relationship by more than 10% (by more than 50% if there is a realization risk). The selection of the securities to be released is incumbent on the seller. Ownership of the goods subject to retention of title and the assigned claims shall pass to the Buyer upon settlement of all claims of the Seller arising from delivery transactions. The selection of the securities to be released shall be incumbent on the seller.
8 Warranty for material defects and guarantee
8.1 Subject to the following provisions, the warranty (liability for defects) shall be governed by statutory provisions.
8.2 The goods delivered by the seller are only covered by a guarantee if this has been expressly given. Customers are informed of the warranty conditions before initiating the order process.
8.3 If the customer is an entrepreneur, he must inspect the goods immediately without prejudice to statutory obligations to give notice of defects and notify the supplier of recognizable material defects immediately in writing, at the latest within two weeks of delivery, and of non-recognizable material defects immediately, at the latest within two weeks of discovery. Deviations in quality, weight, size, thickness, width, finish, pattern and color that are customary in the trade and permissible or minor in accordance with quality standards shall not constitute defects.
8.4 If the customer is an entrepreneur, the choice between rectification or subsequent delivery of defective goods shall be made by the seller.
8.5 Without prejudice to the liability provisions of these GTC, material defects shall generally become statute-barred one year after the transfer of risk for customers who are entrepreneurs, unless longer periods are prescribed by law, in particular in the case of special provisions for the entrepreneur's recourse. In the case of used goods, the warranty of customers who are entrepreneurs is excluded.
8.6 If the customer, who is an entrepreneur, has installed the defective item within the meaning of Section 439 (3) BGB in another item or attached it to another item in accordance with its type and intended use, the seller is not obliged, subject to an express agreement and without prejudice to the other warranty obligations, to reimburse the customer for the necessary expenses for the removal of the defective item and the installation or attachment of the repaired or delivered defect-free item within the scope of subsequent performance. Accordingly, the seller is also not obliged to reimburse expenses for the removal of the defective item and the installation or fitting of the repaired or delivered defect-free item in the context of recourse by the customer within the supply chain (i.e. between the customer and its customers).
9. liability
9.1 The following exclusions and limitations of liability shall apply to the Seller's liability for damages, notwithstanding the other statutory requirements for claims.
9.2 The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
9.3 Furthermore, the Seller shall be liable for the slightly negligent breach of material obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Customer regularly relies. In this case, however, the seller is only liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4 The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5 Insofar as the Seller's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
10. storage of the contract text
10.1 The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.
10.2 The seller shall also send the customer an order confirmation with all order data to the e-mail address provided by the customer. With the order confirmation, but at the latest upon delivery of the goods, the customer will also receive a copy of the General Terms and Conditions together with the cancellation policy and the information on shipping costs and delivery and payment terms. If you have registered in our store, you can view the orders you have placed in your profile area. We also save the text of the contract, but do not make it accessible on the Internet.
10.3 Customers who are entrepreneurs can receive the contract documents by e-mail, in writing or by referring to an online source.
11. final provisions
11.1 If the Buyer is an entrepreneur, subject to other agreements or mandatory statutory provisions, the place of performance shall be the Seller's registered office, while the place of jurisdiction shall be the Seller's registered office if the Customer is a merchant, a legal entity under public law or a special fund under public law or if the Buyer has no general place of jurisdiction in the country in which the Seller's registered office is located. The seller reserves the right to choose another permissible place of jurisdiction.
11.2 In the case of entrepreneurs, the law of the Republic of Austria shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, provided that this does not conflict with any mandatory statutory provisions.
11.3 The contractual language is German.
11.4 Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
