A. General Terms and Conditions

§ 1 Scope of application
These General Terms and Conditions apply to all contracts, deliveries and other services of Bach Energiesysteme UG (haftungsbeschränkt) Brand 74, 91729 Haundorf (hereinafter: Seller). The version valid at the time of conclusion of the contract shall be decisive.

The following applies to entrepreneurs: Deviating agreements or general terms and conditions of the buyer are hereby expressly contradicted. Conflicting, supplementary or otherwise deviating terms and conditions of the Buyer shall only be accepted by the Seller if he expressly agrees to their validity in writing. All ancillary agreements require written confirmation by the seller in order to be effective.

§ 2 Conclusion of contract, contract contents, contract language

1. The presentation of goods in the seller’s online shop merely represents a non-binding invitation to the buyer to order goods.
2. By submitting the order, the buyer makes a binding offer to conclude a purchase contract.
3. The acceptance of the offer by the seller in the case of the order via the online shop of the seller takes place by an express acceptance of the contract or the receipt of the shipping confirmation by the buyer. The automatically generated e-mail order confirmation does not yet constitute acceptance of the offer, but merely documents that the order has been received by the seller. The decision as to whether to accept an order is at the discretion of the Seller. If an order cannot be accepted for any reason, this will be communicated to the buyer immediately and any payments already made will be refunded immediately in such a case.
4. When ordering via the seller’s online shop, the ordering process comprises a total of 2 steps:
   In the first step, the buyer selects the desired goods.
   In the second step, the buyer enters the billing and delivery address and selects the desired payment method. At the end of this process, the buyer can send the order to the seller. After submitting the order, the buyer has the opportunity to print it out.
5. The buyer has the possibility to correct his entries before placing the order with the technical, self-explanatory means provided in the ordering process. The buyer returns to the article or shopping cart page via the “Back” button of the respective browser. On the article page or in the shopping cart, the buyer can change the selected quantity of an article or delete the article completely from the shopping cart by clicking on the “Remove” button. The “Back” button can also be used to correct further input fields in the ordering process. The desired corrections can be made with the usual keyboard and mouse functions in the corresponding input fields.
6. The contract language is german.
7. The text of the contract is stored by the seller in his system. The text of the contract is not accessible to the buyer.

§ 3 Right of withdrawal
With regard to consumers [Consumer is any natural person who concludes a legal transaction for a purpose that can be attributed neither to his commercial nor his independent professional activity (§ 13 BGB)] applies:

1. Withdrawal
   You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods.
   You can exercise your revocation by sending us Bach Energiesysteme UG (haftungsbeschränkt), Brand 74, 91729 Haundorf, Fax: ,E-Mail:
   by means of a clear declaration (e.B. a letter sent by post, fax or e-mail) about your decision to revoke this contract. You can use the attached model withdrawal form, but this is not mandatory.
   HYPERLINK “http://pics.esprit-online-shop.com/Shop/help_section/cancellation-form/de/cancellation-form.pdf” \t “_blank” Model withdrawal form
   In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
2. Consequences of revocation If you revoke this contract, we must reimburse you all payments that we have received from you, including the delivery costs (with the exception of the costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest fourteen days from the day on which the notification of your revocation of this contract or the item has been received by us. For this refund, we will use the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise; under no circumstances will you be charged any fees for this repayment.
   We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
   You must return or hand over the goods to us immediately and in any case at the latest within fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. We bear the costs of returning the goods.
   You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
3. Note on exceptions
   The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and the manufacture of which is an individual selection or determination by the consumer or which are clearly tailored to the personal needs of the consumer.

§ 4 Prices and terms/methods of payment

1. The prices quoted by the seller are total prices and include the statutory value added tax.
2. The prices do not include VAT. Shipping and packaging costs, which are announced to the buyer before the conclusion of the purchase contract on the respective article pages.
3. The payment of the goods is optionally made according to the payment methods proposed in the order process and the conditions stated therein. Depending on the result of the verification of your data (identity and credit check), we reserve the right to exclude certain payment methods.
4. If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
5. In the case of payment by means of a payment method offered by PayPal, payment will be processed by the payment service provider PayPal (Europe) S.à.r.l et VIE, S.C. A., 22-24 Boulevard Royal, L-2449 Luxembourg, taking into account the applicable terms of use of PayPal. Further information and the complete terms and conditions of PayPal can be found at: https://www.paypal.com/de/home

§ 5 Delivery, transfer of risk, transport damage
Unless otherwise contractually agreed, the ordered goods will be shipped to the address specified by the buyer.

2. The availability of the articles is indicated on the individual article pages. Unless otherwise agreed, the seller will ship items in our in-advance within 5 working days after conclusion of the contract or 5 working days after receipt of payment in advance.
3. Agreed delivery dates are non-binding and are subject to the timely, complete and correct self-supply of the seller, provided that the seller is not responsible for the lack of /incorrect self-supply. In the event of non-delivery by the supplier /manufacturer, both parties are entitled to withdraw from the contract.
4. If the Buyer orders the goods for his company, the risk of accidental loss and accidental deterioration of the sold items shall pass to the Buyers as soon as the Seller has delivered the item to the freight forwarder, the carrier or the person otherwise designated to carry out the transport. With regard to a consumer, however, the risk of accidental loss and accidental deterioration shall only pass to the buyer or a person authorised to represent the goods upon handover of the articles.
5. If the buyer orders the goods as a merchant within the meaning of § 1 HGB, § 377 HBG shall apply with the proviso that defects must be reported to the seller in writing. If the buyer orders the goods as a consumer, he is asked to complain about this damage immediately to the deliverer in the event of obvious transport damage and to contact the seller. If the buyer does not comply with this request, this has no effect on his legal claims.
6. In the case of self-collection, the seller informs the buyer by e-mail that the goods are ready for collection. Upon receipt of this e-mail, the Buyer also has the possibility to collect the goods at the Seller’s warehouse, during business hours […]. Shipping costs do not apply in this case.

§ 6 Retention of title
The following applies to consumers: The seller retains title to the goods until full payment of the purchase price owed.

2. The following applies to entrepreneurs: The seller reserves title to the goods until full payment of all claims resulting from the current business relationship.

§ 7 Liability
For damages, the seller is liable – for whatever legal reasons – only in the case of
Premeditation
gross negligence on the part of the seller, his legal representative or his vicarious agents,
culpable injury to life, body and health,
defects that he has deliberately concealed or whose absence he has guaranteed,
Defects of the delivery item, insofar as liability is given under the Product Liability Act for personal injury or property damage to privately used objects.

In the event of culpable breach of essential contractual obligations, the Seller shall also be liable for gross negligence and slight negligence; in the latter case, however, limited to the contractually typical damage reasonably foreseeable at the time of conclusion of the contract.

Further claims are excluded.

Insofar as the seller enables access to other websites with links, the seller is not responsible for the third-party content contained therein. The seller does not adopt the third-party content as his own. If the seller becomes aware of illegal content on external websites, he will immediately block access to these pages.

The Buyer shall indemnifying the Seller against disadvantages of any kind that the Seller has already suffered or may suffer as a result of third parties due to harmful acts of the Buyer – whether intentional or negligent.

§ 8 Final provisions
This contract and the entire legal relationship of the parties are subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Law (CISG). This choice of law only applies to consumers if this does not deprive the protection of mandatory provisions of the state in which the consumer has his habitual residence.

Place of performance and exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the seller, provided that the buyer is a merchant or a legal entity under public law or a special fund under public law. This also applies if the buyer does not have a general place of jurisdiction in Germany or if his domicile or habitual residence is not known at the time the action is brought.

Consumers have the option of using an alternative online dispute resolution (ODR) provided by the European Commission. The following link contains information on online dispute resolution and serves to settle disputes arising from a contractual relationship with a consumer HYPERLINK “http://ec.europa.eu/consumers/odr” www.ec.europa.eu/consumers/odr.

We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board and do not participate voluntarily in this.