AGB

Company Bernd Brencher, Seeger Straße 39, 87494 Rückholz

Smart and Green Germany and Austria

1. General

All services provided by the online shop for the customer are carried out exclusively on the basis of the following general terms and conditions in the version valid at the time the contract was concluded. Deviating regulations only apply if they have been agreed between the online shop and the customer.

2. Conclusion of contract

2.1 The offers of the online shop on the Internet represent a non-binding invitation to the customer to order goods in the online shop.

2.2 By ordering the desired goods on the Internet, the customer submits a binding offer to conclude a purchase contract.

2.3 The online shop will confirm receipt of the order immediately. The order confirmation and the receipt of a telephone order do not constitute a legal acceptance on our part. We only accept the offer when we ship the goods to you. You will receive a written shipping confirmation via email within 2 days. However, the customer is bound to his offer for a maximum of 3 days.

A contract is concluded by clicking on the button "binding order" in the online shop. The order confirmation will be sent immediately to the specified e-mail address after the binding order has been placed.

2.4 The subject of the contract is the goods ordered by the customer. With regard to the quality, the description of the offer applies, otherwise Section 434, Paragraph 1, Clause 3 of the German Civil Code applies.

3. Cancellation policy

The cancellation policy can be found under the item Right of cancellation in the main menu.

4. Delivery

4.1 All items will be delivered immediately, provided they are in stock.

Delivery takes place both within Germany and in EU countries.

4.2 The delivery time within Germany is a maximum of 8 working days, unless otherwise stated in the offer.

For deliveries abroad, the delivery time is a maximum of 12 working days, unless otherwise stated in the offer.

The following items have a longer delivery time: Items that are marked as currently not in stock in the online shop.

4.3 If an item is not available at short notice, we will inform you about the expected delivery time. Upon definitive unavailability already prepayments will be reimbursed immediately.

If goods are delivered with obvious damage to the packaging or the contents, we ask you to complain about the damage to the forwarder/freight service immediately, if necessary to refuse acceptance and to contact us as soon as possible so that we can assert our rights towards the forwarder/freight service can keep. Please also inform us of any hidden defects after they have been discovered, so that we can rely on our sub-suppliers. Your statutory warranty rights as our customer naturally remain unaffected.

5. Packaging and shipping costs

5.1 We offer the following shipping methods: GLS, DHL, or comparable service providers.

5.2 The delivery and packaging costs correspond to the values shown on the "Shipping and payment conditions" subpage.

If you cancel the order (without a defect), you will bear the direct costs of returning the goods.

6. Payment, retention of title

6.1 All prices quoted are gross prices in euros, which include the statutory value added tax of currently 19%. Prices are valid on the day orders are submitted.

6.2 For deliveries within Germany, the following payment methods are possible:

Paypal, Amazon Pay, IVY

Payment in advance (transfer to our account)

The customer is obliged to pay the purchase price immediately after conclusion of the contract by bank transfer to our account.

If you pay in advance, you will receive an e-mail from us with the exact invoice details. Please be sure to enter your e-mail address and telephone number in the order form so that we can get in touch with you. When making your transfer, please state your name and invoice number as reference so that we can allocate your incoming payment to the order.

6.3 The delivered goods remain our property until full payment has been made (retention of title according to §§158, 449 BGB). The customer must inform us immediately about enforcement measures by third parties in relation to the goods subject to retention of title and hand over the documents required for an intervention; this also applies to impairments of any other kind. Irrespective of this, the customer must inform third parties in advance of the rights to the goods.

7. Warranty

If delivered goods have obvious defects that were not mentioned in the item description, including transport damage, the customer is asked to complain about such defects to the online shop. However, failure to report this has no consequences for your legal claims. Furthermore legal regulations shall apply.

We are not liable for defects that have arisen as a result of incorrect handling, normal wear and tear or external influences.

In order to avoid legal disputes, before asserting your warranty claims, you are obliged to make the goods subject to the complaint available to us so that we can examine the defect. At your choice, this can be done at your premises or by sending it to us or a third party determined by us.

If you refuse to cooperate in this respect, we will be released from our warranty obligations.

Since we mainly sell sensitive technical devices, you will understand that we cannot be held responsible for defects caused by improper or non-contractual measures, particularly during installation, connection, operation or storage.

The warranty claims also expire if unauthorized third parties have interfered with the goods delivered by us or if changes have been made to them or consumables are used that do not correspond to the manufacturer specifications of the individual products delivered by us. The same applies to such damage that occurs when the products we supply are operated together with other devices whose compatibility is not guaranteed. Should we replace individual components of the items delivered by us in the course of rectification, we shall acquire ownership of the items replaced. In the event of a subsequent delivery, our company becomes the owner of the replaced devices and/or components upon receipt of the replacement device by the contractual partner.

We do not give you any guarantees in the legal sense. Manufacturer guarantees remain unaffected.

8. Liability

8.1 The online shop is liable in cases of intent or gross negligence according to the statutory provisions. Liability for guarantees is independent of fault. The online shop is only liable for slight negligence in accordance with the provisions of the Product Liability Act, for injury to life, limb or health or for breach of essential contractual obligations. However, the claim for damages for the slightly negligent breach of essential contractual obligations is limited to the foreseeable damage that is typical for the contract, insofar as there is no liability for injury to life, limb or health. The online shop is liable to the same extent for the fault of vicarious agents and representatives.

8.2 The regulation of the above paragraph extends to compensation for damages in addition to the service, compensation for damages instead of the service and the claim for compensation for wasted expenses, regardless of the legal reason, including liability for defects, delay or impossibility.

8.3 Liability for data loss is limited to the cost of restoring data if a backup copy is available, unless the online shop caused the data loss intentionally or through gross negligence; further liability is excluded.

9. Privacy

The data you transmit will only be used by us to process your orders. All your data will be treated in strict confidence. We only pass on the data to third parties (e.g. shipping services) if this is necessary for order processing. The order data is encrypted and transmitted securely, but we assume no liability for data security during this transmission over the Internet (e.g. due to technical errors on the part of the provider) or for any criminal access by third parties to files on our website. Access data for the customer login, which are sent to the customer at the customer's request, must be treated as strictly confidential by the customer, since we assume no responsibility for the use and application of this data. Further information on the subject of data protection can be found at (link to data protection declaration).

10. Copyright

All third-party logos, images and graphics shown are the property of the respective companies and are subject to the copyright of the respective licensors. All photos, logos, texts, reports, scripts and programming routines presented on these pages, which are our own developments or have been prepared by us, may not be copied or used in any other way without our consent. All rights reserved.

11. Miscellaneous

The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.

We are willing to participate in an out-of-court arbitration procedure before a consumer arbitration board.

The federal universal arbitration board at the Arbitration Center e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.universalschlichtungsstelle.de, is responsible.

12. Links on our Sites

We are only liable for our own content on the website of our online shop. Insofar as we use links, our offer contains links to external third-party websites, the content of which we have no influence on.

The Hamburg Regional Court ruled on May 12, 1998 - 312 O 85/98 - "Liability for links" that by placing a link, you may be responsible for the content of the linked page. According to the regional court, accepting this accountability can only be ruled out by expressly disassociating oneself from this content.

We therefore expressly distance ourselves from all content on all linked pages on our homepage. This declaration applies to all links on our website.

We can therefore assume no liability for this third-party 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. Illegal content was not recognizable at the time of linking. However, 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.

13. Final Provisions

The validity of the UN sales law is excluded, German law applies. With an order, the general terms and conditions of the online shop are accepted. Should a provision of these General Terms and Conditions be void for whatever reason, the validity of the remaining provisions shall remain unaffected.

The ineffective regulation will be replaced by the relevant statutory regulation. If the customer does not have a general place of jurisdiction in Germany or in another EU member state, the place of jurisdiction for all disputes arising from this contract is our place of business.

Notice according to battery law

Since we sell batteries and accumulators or devices that contain batteries and accumulators, we are obliged under the Battery Act (BattG) to point out the following to you:

You must not dispose of batteries and accumulators in household waste. You are legally obliged to return used batteries and accumulators. Old batteries can contain harmful substances that can damage the environment or your health if not stored or disposed of properly. However, batteries also contain important raw materials such as iron, zinc, manganese or nickel and are recycled.

You can send the batteries and accumulators back to us after use or hand them in at a collection point (e.g. in stores or at a municipal collection point) free of charge.

The crossed-out wheeled bin symbol shown below on batteries and accumulators and products containing batteries and accumulators means that batteries and accumulators must not be disposed of with household waste.

Symbols under this sign have the following meaning:

Pb: Battery contains lead

Cd: Battery contains cadmium

Hg: Battery contains mercury