Contractual terms for purchase agreements concluded via the platform http://ee-sh.de
Wirtschaftsförderungsgesellschaft Nordfriesland mbH
Telephone: +49 (0)4841 6685-0
Telefax: +49 (0)4841 6685-16
in the commercial register of Flensburg District Court: HRA 1565 FL
Represented by Dr Matthias Hüppauff
VAT ID No.: DE214882005
– hereinafter referred to as “The Vendor” –
the user of this platform named in § 2 of these general terms and conditions of business
– hereinafter referred to as “The Customer” – .
§ 1 Scope
The business relationship between Vendor and Customer is governed solely by version of the following general terms and conditions of business valid at the time of order. Any different terms and conditions of The Customer are not recognised unless The Vendor explicitly agrees to their validity in writing.
§ 2 Conclusion of Contract
(1) The Customer can choose products from The Vendor’s range and place them in a so-called shopping cart by clicking on the button “Add to Shopping Cart“. Clicking on the button “Confirm Purchase” constitutes a binding contract to purchase the items in the shopping cart. The Customer can view and alter the data at any time prior to sending confirmation.
(2) The Vendor will then send The Customer an automatic confirmation of receipt with the subject reference “Confirmation of Receipt / Invoice for your order from EE.SH“ by eMail, in which The Customer’s order is once again itemised and which The Customer can print out using the print function. This eMail is at the same time the confirmation of order or booking and any invoice for The Customer will be sent as an attachment to this eMail. By executing the order The Customer accepts the general terms and conditions of business. The contract text will be stored in accordance with data protection legislation.
(3) The contract is concluded in: German
§ 3 Payment Terms
(1) The Customer may only make payment by bank transfer.
(2) Payment of the purchase price is due immediately with conclusion of the contract. If a calendar date is specified for payment, The Customer is already in arrears upon exceeding the date
§ 4 Retention of Title
The services and goods remain the property of The Vendor until the purchase price has been paid in full.
§ 5 Prices and Transfer of Costs
(1) All prices stated on The Vendor’s website are subject to the current statutory rate of value added tax.
(2) In the event of withdrawal, The Customer shall bear the direct costs for the contract value in full.
§ 6 Liability
(1) Claims for damages on the part of The Customer are excluded, except for where such claim is for compensation to The Customer for injury to life, limb or health, or for the violation of major contractual obligations (cardinal obligations) and the liability for any other damages resulting from deliberate or grossly negligent dereliction of duty by The Vendor, his statutory representatives or vicarious agents. Major contractual obligations are those whose fulfilment is necessary for attaining the purpose of the contract.
(2) In the event of the violation of any important contractual obligations, The Vendor is only liable for foreseeable damage typical for such a contract, if such damage was caused through simple negligence, unless it concerns claims for compensation of The Customer regarding injury to life, limb or health.
(3) The restrictions in sections 1 und 2 also apply in favour of The Vendor’s statutory representatives and vicarious agents if claims are made against them directly.
(4) The provisions of the Product Liability Act shall remain unaffected.
§ 7 Notes on Data Processing
(1) The Vendor collects data about The Customer in the course of processing contracts, whereby The Vendor will in particular observe the provisions of the Federal Data Protection Act and the Telemedia Act.
(2) The Customer’s data will be used for internal purposes such as providing information about EE.SH products and services, and for anonymised market and opinion research. If The Customer does not wish his data to be used, he shall notify The Vendor immediately.
§ 8 Final Provisions
(1) All contracts between The Vendor and The Customer are subject to the laws of the Federal Republic of Germany to the exclusion of the UN convention on Contracts for the International Sale of Goods and private international law.
(2) If The Customer is a businessperson, a legal entity or public fund under public law, the legal venue for all disputes resulting from contracts between The Customer and The Vendor is The Vendor’s place of business.
(3) In the event that individual provisions of the contract are legally invalid, the remaining provisions shall remain in force. Should any such invalid provisions exist then they shall be replaced by the relevant statutory provisions. Should this constitute unreasonable hardship for either of the parties then shall the contract as a whole be deemed invalid.
Husum/North Frisia, 01 January 2016
© 2016 Netzwerkagentur Erneuerbare Energien Schleswig-Holstein (EE.SH)