Data protection / terms and conditions

Responsible: Disclaimer Liability for content As a service provider, we are responsible for our own content on these pages in accordance with Section 7 (1) of the German Telemedia Act. According to §§ 8 to 10 TMG, we as a service provider are not obliged to monitor transmitted or stored third-party information or to search for circumstances that indicate illegal activity. Obligations to remove or block the use of information according to general laws remain unaffected. However, liability in this regard is only possible from the time we become aware of a specific legal violation. As soon as we become aware of such violations, we will remove this content immediately. Liability for links Our offer contains links to external third-party websites, the content of which we have no influence on. For this reason, we cannot accept any liability for this external content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. No illegal content was discernible at the time the link was created. A permanent control of the content of the linked pages is not reasonable without concrete evidence of an infringement. As soon as we become aware of legal violations, we will remove such links immediately. Copyright The content and works on these pages created by the site operator are subject to German copyright law. Duplication, editing, distribution and any kind of use outside the limits of copyright law require the written consent of the respective author or creator. Downloads and copies of this page are only permitted for private, non-commercial use. As far as the content on this page was not created by the operator, the copyrights of third parties are respected. In particular contents of third parties are marked as such. Should you nevertheless become aware of a copyright infringement, please let us know. As soon as we become aware of legal violations, we will remove such content immediately. Source reference: https://www.e-recht24.de/muster-datenschutzerklaerung.html Data protection declaration Data protection The operators of this website take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this data protection declaration. The use of our website is usually possible without providing personal data. Insofar as personal data (e.g. name, address or email address) is collected on our website, this is always done on a voluntary basis as far as possible. This data will not be passed on to third parties without your express consent. We would like to point out that data transmission over the Internet (e.g. when communicating by email) can have security gaps. It is not possible to completely protect data from third-party access. Source reference: eRecht24 General Terms and Conditions (GTC) for the sale and installation of photovoltaic systems as well as individual components of photovoltaic systems ") And individual components of such systems (hereinafter referred to as" system parts ") agreements between us and the buyer result from the order, the order confirmation and these terms and conditions. (2) We can accept the order signed by the buyer by sending an order confirmation within two weeks. If the ordered goods are in stock with us, the deadline is reduced to one week. The period begins with the date of the order. (3) Drawings or other graphical representations produced by us are approximate representations. § 2 Installation of the system or system components, delivery of goods (1) Installation of the system or system components is only owed if this has been expressly agreed between the parties. If the system or system components are not assembled, they must be collected from our company headquarters. If the system or system parts are to be shipped at the request of the buyer, freight charges, insurance and packaging are to be borne by the buyer. (2) We are entitled to make partial deliveries and services insofar as this is reasonable for the buyer. § 3 Time of performance (1) Insofar as no period has been contractually agreed for the delivery and installation of a system or part of a system, the buyer can request us in writing four weeks after the date of the order confirmation to perform within a reasonable period. (2) Insofar as no deadline has been contractually agreed for the delivery of a system or a system part without an obligation to install, the buyer can request us in writing two weeks after the date of the order confirmation to perform within a reasonable period. (3) If we do not meet a bindingly agreed deadline and the assertion of rights of the buyer requires a reasonable grace period, the grace period is at least two weeks. The requirements of default are not affected by this regulation. (4) Insofar as cooperation of the buyer is necessary in accordance with §§ 7 and 8 of these terms and conditions to fulfill our performance obligations, the performance periods do not start until the buyer has fulfilled these obligations. § 4 Provision of individual measured values (1) The buyer has no right to be provided with individually measured values of the delivered solar modules or solar collectors, in particular so-called flash lists. (2) If we provide the buyer with individually measured values of solar modules or solar collectors from a third party (e.g. manufacturer), this does not result in any contractual obligations for us. The data does not constitute a quality agreement, guarantee or assurance by us of certain properties, unless this is agreed between the parties. § 5 Withdrawal from the contract (1) We are entitled to withdraw from the contract if we do not receive the delivery item due to incomplete, incorrect or late delivery by our suppliers despite the timely conclusion of a hedging transaction. Withdrawal is excluded if we or our vicarious agents are responsible for the missing or faulty self-delivery. We will inform the buyer immediately about the failure to deliver ourselves and, in the event of withdrawal, will immediately refund any consideration already received. (2) In the case of paragraph 1, we are alternatively entitled to withdraw from the contract to offer the buyer other goods than agreed and to set a reasonable period for accepting the offer. In this case we are only entitled to withdraw from the contract after the buyer has rejected the offer or after the acceptance period has expired. (3) We are also entitled to withdraw from the contract for an important reason if the purchaser has given us false information about the facts that require his creditworthiness. We are also entitled to withdraw from the contract if our remuneration claim against the buyer is at risk because an enforcement measure against the buyer has been unsuccessful, the buyer has given the oath to his financial situation or has initiated insolvency proceedings against the buyer's assets or was not opened due to lack of mass. § 6 Use of vicarious agents and representatives We are entitled to commission third-party service providers and vicarious agents to provide our contractual services. § 7 Obligations of the buyer when purchasing a plant (1) The buyer provides information, plans and other material, insofar as this is necessary for the provision of our agreed services, in good time at our request. (2) The buyer himself is responsible for timely § 8 structural requirements before the start of installation work (1) The buyer must ensure that the structural requirements for the installation of the system are in place before the start of the installation work. (2) Constructional requirements are in particular: (3) The buyer allows us and third parties commissioned by us free access to the location of the assembly. § 9 With the help of the buyer when assembling the system; Self-assembly by the buyer (1) A reduction of the contractually agreed remuneration with the help of the buyer is only possible if this has been expressly agreed by the parties. (2) We would like to point out that the self-assembly of the system or system parts by the buyer is at your own risk. A system must be connected to the public power grid or the house network by a specialist electrician. § 10 Liability for defects in quality and title (1) A defect in the system or part of the system does not exist simply because the actual yield or profit or the actual energy savings of the system fall below the values of a forecast prepared by us or a third party. The forecast represents an estimate based on empirical values, the results of which may differ from the results actually achieved. A defect in the system or part of the system does not exist in the case of errors caused by damage or incorrect operation by the buyer or third parties, which are not our vicarious agents. (2) Obvious defects in the system or system components must be reported to us within two weeks after installation of the system or system components or - if no installation is owed - after delivery. The timely dispatch of the notice of defects by the buyer is decisive for keeping the deadline. (3) Insofar as there are material or legal defects, we are entitled, at the purchaser's option, to remedy the defect or to deliver a defect-free item (supplementary performance). If one of the two types of supplementary performance is impossible or disproportionate, we are entitled to refuse it. (4) Should the subsequent performance mentioned in paragraph (3) fail or be unreasonable for the buyer, or should we refuse both types of subsequent performance within the meaning of Section 439 (3) BGB, the buyer has the right to choose, either the purchase price accordingly - to discontinue (reduction) or to withdraw from the contract in accordance with the statutory provisions (withdrawal). Further claims, regardless of the legal reason, are excluded or limited according to § 11 of these terms and conditions. (5) None of the above clauses is intended to change the legal or judicial distribution of the burden of proof. § 11 Withdrawal of the buyer and other liability on our part (1) The legal right of the buyer to withdraw - apart from the cases of § 10 of these terms and conditions - is neither excluded nor restricted. Likewise, we are not to be excluded or restricted from statutory or contractual rights and claims to which we are entitled. (2) Our contractual and tortious liability for damage is limited to intent and gross negligence (also of our legal representatives and vicarious agents). This does not apply to damage resulting from injury to life, limb and health as well as claims due to the violation of duties, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner can regularly trust and trust (cardinal obligations). In this respect, we are liable for any degree of fault (including our legal representatives and vicarious agents). (3) In the event of a breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner regularly trusts and can trust (cardinal obligations), we shall only be liable for foreseeable, contract-typical damage. This limitation does not apply to intent or gross negligence (also by our legal representatives and vicarious agents) and for damage from injury to life, limb and health. (4) An exclusion or limitation of our liability also applies to our legal representatives and vicarious agents. (5) Liability from the provision of guarantees and assurances remains unaffected by these regulations if a defect encompassed by them triggers our liability. This does not affect our liability arising from hazardous situations (in particular according to the Product Liability Act) and any liability according to the principles of recourse by the entrepreneur in accordance with §§ 478f BGB. (6) Paragraphs (1) to (5) apply accordingly to claims arising from negligence when the contract is concluded and to claims for reimbursement of expenses (with the exception of those pursuant to Sections 439 (2) and 635 (2) BGB). (7) None of the above clauses is intended to change the legal or judicial distribution of the burden of proof. § 12 Guarantee We do not assume a guarantee going beyond our guarantee obligations, unless there is an individual guarantee agreement. § 13 Form of legally binding declarations and advertisements by the buyer Legally binding declarations and advertisements by the buyer towards us must be made in writing. § 14 Payment modalities (1) Unless otherwise agreed, our remuneration is due when the assembly is complete or - if no assembly is owed - when the goods are handed over. Partial payments are only possible if they have been agreed. Checks and bills of exchange are only accepted on account of payment and only after prior agreement. (2) The deduction of cash discount is not permitted without an express agreement. (3) The buyer can only offset our claims with undisputed or legally established counterclaims. Rights of retention of the buyer remain unaffected. § 15 Retention of title (1) We reserve ownership of the systems and system components until full payment of the purchase price. (2) The buyer must immediately inform us of foreclosures by third parties in the goods subject to retention of title by handing over the documents necessary for an intervention; this also applies to impairments of any other kind. Irrespective of this, the buyer must inform third parties in advance of the rights to the goods. § 16 Product Instructions The buyer is obliged to carefully observe the product instructions provided by us and to pass them on to any users with special notice. § 17 Defense clause These terms and conditions apply exclusively; Conditions of the buyer which conflict with or deviate from these terms and conditions will not be recognized by us unless we expressly agree to them in writing. These terms and conditions also apply if we provide the buyer with the service without reservation, knowing that the terms of the buyer conflict with or differ from these terms. § 18 Applicable law and place of jurisdiction (1) The law of the Federal Republic of Germany applies. The application of the UN sales law is excluded. (2) If the buyer has no general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business. (3) If the buyer is a merchant, a legal entity under public law or a special fund under public law, our place of business is the exclusive place of jurisdiction. § 19 Severability clause If a provision of the contract is or becomes ineffective or the contract is incomplete, the legal validity of the remaining provisions remains unaffected. As of November 1st, 2016
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