GENERAL TERMS AND CONDITIONS OF EET – EFFICIENT ENERGY TECHNOLOGY GMBH
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Last change: 25.10.2023
1. APPLICATION OF THE GENERAL TERMS AND CONDITIONS
1.1
EET – Efficient Energy Technology GmbH is a limited liability company with its registered office in Graz, registered in the commercial register of the Regional Court for Civil Matters Graz under FN 470986b (“EET“) and operates an online store under the website www.eet.energy (the “Website“). These General Terms and Conditions (“GTC“) apply to all orders placed by the customer, reseller or distributor (the “Customer“, EET and the customer together the “Contracting Parties“) via EET’s online store, in the version valid at the time of the order. If the customer is an entrepreneur, these GTC also apply to orders by telephone, e-mail or direct sales.
1.2
These GTC apply to both consumers and entrepreneurs within the meaning of the Austrian Consumer Protection Act (“KSchG“).
1.3
Insofar as these GTC refer to “consumers”, these are natural persons for whom the purpose of ordering goods from the online store cannot be attributed to a commercial, self-employed or freelance activity, i.e. a transaction is not part of the operation of their business.
1.4
Where these GTC refer to “entrepreneurs”, these are natural or legal persons or partnerships with legal capacity for whom the transaction is part of the operation of their business. The distinction between consumers and entrepreneurs is made in accordance with the KSchG.
1.5
EET expressly rejects any deviating general terms and conditions of the customer. Deviating or supplementary general terms and conditions of the customer shall not become part of the contract, even if they have not been expressly rejected. Deviations from these GTC, supplementary agreements or any conflicting terms and conditions of the customer are only effective if they are expressly confirmed in writing by EET.
1.6
The provisions of these GTC may be amended by EET at any time without giving reasons. When ordering goods from the online store, these GTC shall apply in the version valid at the time of the order.
2. CONCLUSION OF CONTRACT
2.1
The presentation of the goods in the online store does not constitute a binding offer by EET to conclude a contract. The customer is merely requested to submit an offer by placing an order.
2.2
By clicking on the button “Order with obligation to pay” after selecting the goods, the customer submits a binding offer to conclude a contract with EET. By submitting the order, the customer recognizes the pre-contractual information for consumers and these General Terms and Conditions as solely relevant for the legal relationship with EET.
2.3
After receipt of the customer’s binding offer by EET, EET shall send the customer an e-mail confirming receipt of the order by EET and listing its details (“order confirmation“). The order confirmation does not constitute acceptance of the offer by EET, but is only intended to inform the customer that the order has been received. A contract is only concluded when
2.3.1 EET shall send the customer an invoice for the order after receipt of payment,
2.3.2 the customer accepts an offer submitted by EET by payment or otherwise or
2.3.3 EET sends the ordered product to the customer or hands it over to the customer at EET’s business premises.
EET reserves the right to request proof of the customer’s identity and creditworthiness before accepting an order.
2.4
Customers who are entrepreneurs also have the option of placing their order with EET by telephone or e-mail. By placing an order by telephone, e-mail or order form, the customer submits a binding offer to conclude a contract with EET. The acceptance of this offer and thus the conclusion of the contract takes place by sending an order confirmation to the customer by e-mail to the e-mail address provided by the customer. In addition, points 2.2 and 2.3 of these GTC apply.
3. PRICES AND TERMS OF PAYMENT
3.1
Unless otherwise agreed, the prices shown on the website at https://www.eet.energy/ at the time of the order shall be charged inclusive of statutory VAT. Unless “free shipping” is explicitly stated, these are charged in addition.
3.2
If export, import duties or other duties in connection with the shipment of the product become due in the course of shipment, these shall be borne by the customer.
3.3
The customer can choose from the payment methods available in the online store as part of and before completing the order process. If the customer is an entrepreneur, payment by invoice is also possible. EET can exclude or reject payment by invoice at any time and also in individual cases.
3.4
If payment by invoice is possible, payment must be made within 14 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
3.5
In the event of late payment by the customer, EET is entitled to charge interest on arrears at a rate of 4% p.a. from the respective due date. If the customer is an entrepreneur, default interest of 9.2% p.a. above the prime rate last published by the European Central Bank shall be charged from the respective due date if the customer is in default of payment.
3.6
Furthermore, in the event of late payment, the customer undertakes to reimburse EET for the dunning and collection costs incurred, insofar as they are necessary for appropriate legal prosecution and are in reasonable proportion to the claim pursued. In the case of business transactions, this includes a lump sum of EUR 40 as compensation for collection costs in accordance with § 458 UGB. The assertion of further rights and claims remains unaffected.
4. DELIVERY CONDITIONS, SHIPPING COSTS
4.1
Delivery deadlines quoted are only approximate and non-binding, unless expressly agreed as binding. Binding deadlines must be recorded in writing or confirmed in writing by EET.
4.2
The ordered goods shall be delivered to the delivery address specified by the customer using a customary shipping method of EET’s choice.
4.3
Unless otherwise specified by EET in the online store, the cost of shipping the goods to the delivery address specified by the customer will be charged in addition to the price of the goods. Under certain circumstances – in particular when a certain purchase value is reached – EET may waive the right to invoice the costs for the shipment of the goods.
4.4
The goods shall be shipped at the customer’s risk. If the Customer is a consumer, the risk of loss of or damage to the goods shall pass to the Customer upon delivery of the goods to the Customer or to a third party designated by the Customer. If the customer, who is a consumer, has concluded the contract of carriage himself without using a mode of shipment proposed by EET, the risk shall pass to the customer upon delivery of the goods to the carrier.
4.5
In the case of a business transaction, minor or other changes to the performance or delivery obligation that are reasonable for the customer shall be deemed approved in advance. This applies in particular to deviations caused by the goods.
4.6
As an alternative to shipping the goods, the customer has the option of picking up the goods in person at EET’s business premises on a date to be announced by EET to the customer in individual cases.
5. DEFAULT OF ACCEPTANCE
If the customer has not accepted the goods as agreed (default of acceptance), EET is entitled, after unsuccessfully setting a grace period, to either store the goods on its premises, for which EET can charge a storage fee of 0.1% of the gross invoice amount per calendar day or part thereof, or to store the goods at the expense and risk of the customer with an authorized tradesman. At the same time, EET is entitled to either insist on fulfillment of the contract or, after setting a reasonable grace period of at least 2 weeks, to withdraw from the contract and to dispose of the goods elsewhere.
6. PROHIBITION OF SET-OFF
The customer is not entitled to offset claims of EET with counterclaims. However, this does not apply to consumers in the event of insolvency of EET and for counterclaims that are legally related to a claim of EET, have been legally established or recognized by EET. In these cases, consumers have the option of offsetting.
7. RESERVATION OF TITLE
7.1
The goods remain the property of EET until full payment has been made. A resale of the goods which have not been paid for in full is only permitted if EET has been notified of this in writing in good time in advance, stating the name or company name and the exact (business) address of the customer and EET agrees to the sale. In the event of EET’s consent, the purchase price claim shall be deemed to have been assigned to EET and EET shall be entitled to inform the buyer of this assignment at any time.
7.2
In the event of default by the Customer, EET shall be entitled to assert its rights under the retention of title. It is agreed that the assertion of the retention of title does not constitute a withdrawal from the contract, unless EET expressly declares its withdrawal from the contract.
8. WARRANTY
8.1
The statutory warranty provisions apply.
8.2
The warranty is excluded in the event of defects caused by the customer. This is particularly the case in the event of improper handling.
8.3
If the customer is an entrepreneur, points 8.1 and 8.2 of these GTC apply with the following deviations:
8.3.1 It is the responsibility of the customer to inspect any defects in the goods immediately upon receipt. Any defects found must also be reported to EET in writing immediately, at the latest within 14 days of receipt, describing the defect. Hidden defects must be reported immediately after their discovery. If a complaint is not made or not made in good time, the goods are deemed to have been approved and accepted, whereby the assertion of warranty claims and claims for damages as well as the right to challenge errors due to defects is excluded. The presumption rule of § 924 ABGB is excluded.
8.3.2 EET reserves the right to fulfill the warranty claim at its discretion by improvement, replacement, price reduction or conversion.
9. LIABILITY
9.1
EET is liable to customers who are consumers if damage was caused intentionally or through gross negligence. EET’s liability for slight negligence is excluded – except for personal injury and for damage to items accepted for processing.
9.2
To the extent permitted by law, EET shall only be liable to customers who are entrepreneurs, irrespective of the legal grounds, if EET has caused damage through gross negligence or willful misconduct. EET’s liability for slight negligence is excluded to the extent permitted by law. Liability for personal injury remains unaffected by this.
9.3
To the extent permitted by law, EET’s liability towards customers who are entrepreneurs shall be limited to the purchase price of the products purchased by them.
9.4
EET excludes any liability to customers who are entrepreneurs for indirect damages, loss of profit, loss of interest, failure to make savings, consequential and financial losses or damages arising from third party claims.
9.5
In no event shall EET be responsible for force majeure, labor disputes, natural disasters or other circumstances beyond EET’s control or for reasons beyond EET’s control which delay the performance of a contract.
9.6
Claims for damages by the customer, if the customer is an entrepreneur, can only be asserted in court within six months of becoming aware of the damage and the party causing the damage, but at the latest within three years of the event giving rise to the claim.
10. RIGHT OF WITHDRAWAL FOR CONSUMERS
Customers who are consumers within the meaning of the Consumer Protection Act are entitled to the following right of withdrawal:
10.1
The customer has the right to withdraw from the contract within 14 days without giving reasons.
10.2
The withdrawal period is 14 days. It begins
- in the case of contracts for the delivery of goods, from the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the goods; or
- in the case of contracts for several goods ordered in a single order and delivered separately, from the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the last goods.
10.3
In order to exercise the right of withdrawal, the customer must notify EET of the withdrawal from the contract by means of a clear declaration (e.g. by means of a letter sent by post or e-mail) to info@eet.energy or by post to EET – Efficient Energy Technology GmbH, Herrgottwiesgasse 207, 8055 Graz, Styria. The customer can use the sample withdrawal form below or another clear declaration for the withdrawal. The model withdrawal form is also available on the website https://www.eet.energy/widerrufsrecht/ available.
10.4
In order to comply with the withdrawal period, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
10.5
If the customer withdraws from the contract, EET shall reimburse to the customer all payments received by EET from the customer, including the costs of delivery (with the exception of the supplementary costs resulting from the customer’s choice of a type of delivery other than the least expensive type of standard delivery offered by EET), without undue delay and in any event not later than 14 days from the day on which EET receives notice of withdrawal from the contract. For this repayment, EET shall use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer; in no case shall the customer be charged any fees for this repayment.
10.6
EET may refuse repayment until EET has received the goods back or until the customer has provided proof that he has returned the goods, whichever is the earlier.
10.7
The Customer shall return the goods without undue delay and in any event not later than 14 days from the day on which the Customer notifies EET of the withdrawal from this contract to the following address:
EET – Efficient Energy Technology GmbH
Herrgottwiesgasse 207
8055 Graz, Styria
to return or hand over the goods. The deadline is met if the customer sends the goods before the 14-day period has expired. The customer shall bear the direct costs of returning the goods. The customer shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
10.8
Sample withdrawal form
(If you wish to cancel the contract, please fill out this form and send it back to us)
To EET – Efficient Energy Technology GmbH, Herrgottwiesgasse 207, 8055 Graz, Styria, e-mail: info@eet.energy:
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)
- Ordered on (*) / received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notification on paper)
- Date
(*) Delete as appropriate
10.9
Exceptions to the right of withdrawal: There is no right of withdrawal for goods that are manufactured according to customer specifications or are clearly tailored to personal needs. In addition, there is no right of withdrawal for goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that their seal has been removed after delivery.
11. ONLINE DISPUTE RESOLUTION
11.1
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at www.ec.europa.eu/consumers/odr accessed.
11.2
We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board. You can submit your complaint directly to us at the following e-mail address: info@eet.energy.
12. APPLICABLE LAW AND PLACE OF JURISDICTION
12.1
Austrian law shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules of private international law. This choice of law shall only apply to consumers insofar as it does not deprive them of the protection afforded by the mandatory provisions of the law of the state of the consumer’s habitual residence.
12.2
For all disputes arising from or in connection with these GTC or all legal relationships between EET and its customers, the contracting parties agree to the exclusive jurisdiction of the competent court in Vienna. For all actions brought against a consumer who has his domicile, habitual residence or place of employment in Austria due to disputes arising from the contractual relationship, one of the courts in whose district the customer has his domicile, habitual residence or place of employment shall have jurisdiction. For consumers who are not domiciled in Austria at the time the contract is concluded, the statutory places of jurisdiction shall apply.
13. FINAL PROVISIONS
13.1
The following applies to customers who are entrepreneurs: Should individual provisions of these GTC be or become invalid, this shall not affect the remaining content of the GTC. The invalid provision shall be replaced by a valid provision that is legally valid and comes closest to the economic purpose of the invalid provision.
13.2
Änderungen, Ergänzungen und Nebenabreden zu diesen AGB bedürfen zu ihrer Wirksamkeit der Schriftform. Dies gilt auch für die Vereinbarung, von diesem Formerfordernis abzugehen. Im Fall von Widersprüchen zwischen diesen AGB und abweichenden schriftlichen Vereinbarungen zwischen den Vertragsparteien, gehen die Bestimmungen der abweichenden Vereinbarung vor.
