Conditions

General conditions of sale online shop

 

1 Scope

(1) These general terms and conditions of sale (hereinafter: GTC) apply to all contracts concluded between us via our online shop

 

Polyfit Pyramidi GmbH

Bismarckstrasse 2/1, 

71139 Ehningen

 

Managing director: Shengxiang Sun

District Court of Stuttgart, HRB 771338

VAT ID no. UK 327866342

 

Telephone: +49 (0) 157 35706361

Email: info@pyramidi.de

 

and you as our customer. The terms and conditions apply regardless of whether you are a consumer, entrepreneur or merchant.

 

(2) All agreements made between you and us in connection with the purchase contract result in particular from these conditions of sale, our written order confirmation and our declaration of acceptance.

 

(3) The version of the General Terms and Conditions valid at the time the contract is concluded is decisive.

 

(4) We do not accept deviating conditions from the customer. This also applies if we do not expressly object to the inclusion.

 

2 Conclusion of contract

(1) The presentation and advertising of items in our online shop does not constitute a binding offer to conclude a purchase contract.

 

(2) By sending an order via the online shop by clicking on the button "Order with obligation to pay" you place a legally binding order. You are bound by the order for a period of two (2) weeks after placing the order; Your right, if applicable according to § 3, to revoke your order remains unaffected.

 

(3) We will immediately confirm receipt of your order placed via our online shop by e-mail. Such an e-mail does not constitute a binding acceptance of the order, unless acceptance is also declared in addition to confirmation of receipt.

 

(4) A contract is only concluded when we accept your order through a declaration of acceptance or through the delivery of the ordered items.

 

(5) We can only consider orders for deliveries abroad if they have a minimum order value. You can find the minimum order value in the price information provided in our online shop.

 

(6) If delivery of the goods you have ordered is not possible, for example because the goods in question are not in stock, we will refrain from issuing a declaration of acceptance. In this case, a contract does not come about. We will inform you of this immediately and immediately refund any consideration already received.

 

3 Right of Withdrawal

(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have a right of withdrawal in accordance with the statutory provisions.

 

(2) If you, as a consumer, make use of your right of withdrawal according to Section 1, you have to bear the regular costs of the return.

 

(3) For the rest, the regulations that are reproduced in detail in the following apply to the right of withdrawal

 

Right of withdrawal

 

right of withdrawal

 

You have the right to withdraw from this contract within fourteen days without giving any reason.

 

The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.

 

In order to exercise your right of withdrawal, you must give us [enter the name of the company, address and, if available, telephone number, fax number and e-mail address] by means of a clear statement (e.g. a letter sent by post, fax or e-mail) about your decision to revoke this contract. You can use the attached sample revocation form for this, but this is not mandatory. You can electronically fill out and submit the model revocation form or any other clear statement on our website (insert Internet address). If you make use of this option, we will immediately send you (e.g. by e-mail) confirmation of receipt of such a revocation.

 

To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

 

Consequences of revocation

 

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.

 

You have the goods immediately and in any event not later than fourteen days from the day on which you inform us of the cancellation of this contract, to us or to (here may be the name and address of the person authorized by you to accept the goods insert) to be returned or handed over. The deadline is met if you send back the goods before the period of fourteen days has expired.

 

You bear the direct costs of returning the goods.

 

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

 

- End of revocation-

 

(4) The right of revocation does not apply to long-distance contracts

 

(a) for the delivery of goods that have been manufactured to customer specifications or that are clearly tailored to personal needs or that are not suitable for return due to their nature or can spoil quickly or whose use-by date has passed,

 

(b) for the delivery of audio or video recordings or software if you have unsealed the data carriers delivered.

 

4 Terms of delivery and reservation of payment in advance

(1) We are entitled to make partial deliveries if this is reasonable for you.

 

(2) In the case of orders from customers with a place of residence or place of business abroad or if there are justified indications of a risk of non-payment, we reserve the right to only deliver after receipt of the purchase price plus shipping costs (reservation to prepayment). If we make use of the advance payment reservation, we will inform you immediately. In this case, the delivery period begins with payment of the purchase price and shipping costs.

 

5 Prices and Shipping Costs

(1) All prices in our online shop are gross prices including statutory sales tax, if applicable, plus shipping costs. If you prove to us that the factual requirements for the application of the zero tax rate (§ 12 Para. 3 UtG) are met, no statutory sales tax is due. It is sufficient for proof if you declare that you are the operator of the photovoltaic system and that it is a privileged building or that the installed gross output of the photovoltaic system is not or will not be more than 30 kW (peak) according to MAStR.

 

(2) The shipping costs are specified in our price information in our online shop. The price including sales tax and any shipping costs is also displayed in the order form before you send the order.

 

(3) If we fulfill your order according to § 4 paragraph 1 by partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will calculate shipping costs for each partial delivery.

 

(4) If you revoke your contractual declaration effectively in accordance with Section 3, you can, subject to the legal requirements, request reimbursement of costs already paid for shipping to you (delivery costs) (see Section 3 (3) for other consequences of revocation).

 

6 Terms of Payment and Set-off and Right of Retention

(1) The purchase price and shipping costs must be paid within two (2) weeks of receipt of our invoice at the latest.

 

(2) You can choose to transfer the purchase price and the shipping costs to our account specified in the online shop, give us direct debit authorization or pay by EC/Maestro or credit card. In the case of a direct debit authorization or payment by EC/Maestro or credit card, we will arrange for your account to be debited at the earliest at the point in time regulated in paragraph 1. A direct debit authorization that has been granted is also valid for further orders until it is revoked.

 

(3) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to set off against our claims if you assert complaints or counterclaims from the same purchase contract.

 

(4) As a buyer, you may only exercise a right of retention if your counterclaim stems from the same purchase contract.

 

Payment in advance

If you select the payment method in advance, we will give you our bank details in a separate email and deliver the goods after receipt of payment.

 

PayPalPlus

As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment data, confirm the use of your data by PayPal and the payment instruction to PayPal.

 

If you have chosen the PayPal payment method, you must be registered there in order to be able to pay the invoice amount, or you must first register and authenticate yourself with your access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment order. You'll get more information during the ordering process.

 

If you have chosen the credit card payment method, you do not have to be registered with PayPal in order to be able to pay the invoice amount. The payment transaction will be carried out by your credit card company at the request of PayPal immediately after the payment order has been confirmed and after your legitimation as the legitimate cardholder, and your card will be debited. You'll get more information during the ordering process.

 

If you have chosen the invoice payment method, you do not have to be registered with PayPal in order to be able to pay the invoice amount. After a successful address and credit check and submission of the order, we assign our claim to PayPal. In this case, you can only pay to PayPal with a debt-discharging effect. In addition to our terms and conditions, PayPal's terms and conditions and data protection declaration apply to payment processing via PayPal. Further information and the complete terms and conditions of PayPal for purchase on account can be found here: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE.

 

Cash on pickup

You pay the invoice amount in cash upon collection. 

Address of our warehouse:

Oppener Strasse 67, 52146 Würselen

Germany

 

7 Retention of Title

The delivered goods remain our property until the purchase price has been paid in full.

 

8 Warranty

(1) We are liable for material defects or defects of title in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.

 

(2) Any seller guarantees given by us for certain items or manufacturer guarantees granted by the manufacturers of certain items shall come into effect in addition to the claims for material defects or defects of title within the meaning of paragraph 1. Details of the scope of such guarantees result from the guarantee conditions, which may be attached to the items enclosed.

 

9 Liability

(1) We are liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.

 

(2) In other cases, we are only liable - unless otherwise regulated in paragraph 3 - in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you as a customer can regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3. In particular, we are not liable for lost feed-in tariffs unless this was caused by our intentional or grossly negligent behavior.

 

(3) Our liability for damage resulting from injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.

 

10 Copyrights

We have copyrights to all images, films and texts published in our online shop. Any use of the images, films and texts is not permitted without our express consent.

 

11 Governing Law and Jurisdiction

(1) The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention. If you placed the order as a consumer and have your usual place of residence in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.

 

(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller, Nettetal. Otherwise, the applicable statutory provisions apply to local and international jurisdiction.

 

(3) Dispute resolution: The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a point of contact for the out-of-court settlement of disputes relating to contractual obligations arising from online sales contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.

 

Our General Terms and Conditions

Online Store General Terms and Conditions

 

1 scope

 

(1) These General Terms and Conditions (T&C) apply to all contracts concluded via on Online Shop between us

 

Polyfit Pyramidi GmbH

Bismarckstrasse 2/1, 

71139 Ehningen

 

Managing director: Shengxiang Sun

District Court of Stuttgart, HRB 771338

VAT ID no. UK 327866342

 

Telephone: +49 (0) 157 35706361

Email: info@pyramidi.de

 

and you, our customer. These T&C shall apply irrespective of whether you are a consumer, an undertaking or a merchant.

 

(2) All agreements made between you and us in connection with the contract of purchase shall be primarily defined by these General Terms and Conditions, our written order confirmation and our declaration of acceptance.

 

(3) The T&C in force at the time of the conclusion of the contract shall be the applicable version.

 

(4) We do not accept the customer's alternative terms and conditions. This remains the case even if we do not explicitly repudiate to their inclusion.

 

2 Conclusion of contract

 

(1) The presentation and marketing of articles in our online shop does not constitute a binding offer to conclude a contract of purchase.

 

(2) Through the submission of a purchase order via the Online Shop by clicking on the “place binding purchase order”, you are submitting a legally binding purchase order. You are bound to the purchase order for a period of two (2) weeks from its submission. This shall not affect any right you have under Section 3 to cancel your purchase order.

 

(3) We will promptly send you an email confirming receipt of your purchase order submitted via our online shop. This email does not constitute a binding acceptance of the purchase order, unless acceptance is confirmed alongside the confirmation of receipt.

 

(4) A contract shall only be concluded once we have accepted your purchase order through a declaration of acceptance or the delivery of the ordered item.

 

(5) We can only accommodate purchase orders for delivery abroad if a minimum order quantity is satisfied. The minimum order quantity is set out in the price information provided in our online shop.

 

(6) If we cannot deliver the merchandise you have ordered, because it is not in stock for example, we will not issue a declaration of acceptance. No contract is concluded in this case. We shall inform you of the situation without delay, and promptly refund you any payment already received.

 

3 Right to cancel

 

(1) If you are a consumer (meaning a natural person who submits a purchase order, which is connected to any commercial or self-employed activity), you have a right to cancel pursuant to the statutory provisions.

 

(2) If, as a consumer, you choose to exercise your right to cancel pursuant to No. 1, you shall be required to pay the regular costs of the return consignment.

 

(3) Otherwise, the right to cancel is subject to the individual provisions set out in the following

 

Cancellation Policy

Right to cancel

 

You have the right to cancel this contract within fourteen days without stating any reasons. The cancellation period is fourteen days from the day on which you or a third party designated by you, but not the carrier, takes possession of the merchandise. In order to exercise your right to cancel, you must notify us [enter name of the company, address and telephone number, fax number and email address if available] by means of a clear declaration (eg by a posted letter, fax or email) of your decision to cancel this contract. For this purpose, you may use the attached sample cancellation form but this is not mandatory, however. You can also electronically complete and submit the sample cancellation form or other unambiguous declaration on our website (enter website address). If you exercise this option, we will send you a message without delay (by email for example) confirming that we have received your cancellation. To comply with the cancellation period, it is sufficient to send the notification prior to the expiry of the cancellation period, advising us that the right of cancellation is exercised.

 

Consequences of cancellation

 

If you effectively cancel this contract, we are obliged to return all payments we have received from you, including delivery costs (except the additional costs incurred by your selection of a way of delivery which differs from the most economical standard delivery offered by us). Such return payment must be made immediately and no later than within fourteen days from the day on which we receive your notification that you are canceling the contract. The repayment will be made by the same means of payment as the one used for the initial transaction, unless expressly agreed with you otherwise; in any event, you will not be charged any fees for such a repayment. We many refuse to refund you until we have received the returned merchandise, or until you have provided proof that you have returned the merchandise, whichever is earlier.

 

You must return or hand over the merchandise to us or to (where relevant, enter the name of the person authorized by you to take receipt of the merchandise). You must do so without delay, and in any case no later than fourteen days from the day on which you notify us of your cancellation of the contract. The deadline is satisfied if you dispatch the merchandise before the expiry of the fourteen-day period.

You shall bear the direct costs for returning the goods.

 

You must only pay for any loss in value of the goods if this loss is due to the handling of the merchandise in a manner not necessary for examining its quality, characteristics and proper functioning.

End of Cancellation Policy

 

(4) There is no right of cancellation for distance selling contracts

 

(a) for the delivery of goods manufactured to the customer's specifications or clearly tailored to their personal requirements, or for goods which is not suitable for return due to their quality, or for goods which can quickly perish or if the expiry date of the goods would be exceeded.

 

(b) for the delivery of audio or video recordings or software, if you have removed the seal from the data carriers provided.

 

4 terms of delivery; right to demand prepayment

 

(1) We shall be entitled to made part deliveries, provided this is tenable for you.

 

(2) The non-binding delivery period is approx. Eight (8) working days provided the ordered merchandise is in stock at the time the purchase order is placed, and nothing to the contrary has been agreed. Said period commences with the conclusion of the contract, subject to the provisions contained in para. 3.

 

(3) In the case of purchase orders received from customers who place of residence or registered business is located abroad, or if there are well-founded indications of a payment default risk, we reserve the right to make the delivery subject to the prior payment of the purchase price together with the shipping costs (right to demand prepayment). If we exercise our right to demand prepayment, we will notify you without delay. In this case, the delivery period commences with the payment of the purchase price and the shipping costs.

 

5 prices and shipping costs

 

(1) All the prices listed in our Online Shop are gross prices. They include the statutory rate of value-added tax but not the additionally payable shipping costs.

 

(2) The shipping costs are listed in the price information displayed in our online shop. The price including value-added tax and additional shipping costs is also displayed in the order screen before you submit the purchase order.

 

(3) If we fulfill your purchase order by making party deliveries in accordance with Section 4 para. 1, you shall only be liable to pat the shipping costs for the first part delivery. If the part deliveries are made in accordance with your request, we shall charge you the shipping costs for each part delivery.

 

(4) If you effectively cancel the contract in accordance with Section 3, subject to the statutory conditions you may demand a refund of shipping costs already paid by you (dispatch charges) (see Section 3 para. 3 for the other consequences of a cancellation ).

 

6 Terms of payment, offsetting and right of retention

 

(1) The purchase price and the shipping costs are payable no later than two (2) weeks of receiving our invoice.

 

(2) You have the option of transferring the purchase price and shipping costs to the account specified in the Online Shop, issuing us a direct debit authorisation, or paying by EC/Maestro or credit card. If you issue us with a direct debit authorization or make payment by EC/Maestro or credit card, we will charge your account at the earliest at the time set out in para. 1. Until such time it is revoked, any issued direct debit authorization shall continue to be valid for subsequent purchase orders.

 

(3) You are not entitled to offset our payment claims against your counterclaims unless your counterclaims have been confirmed by a final court judgment or are undisputed. You also have the right of retention against our payment claims if you raise complaints or counterclaims under the same purchase contract.

 

(4) As the purchase, you are only then only entitled to exercise a right of retention if your counterclaim is based on the same purchase contract.

 

payment

 

If the prepayment option is selected, we will provide you with the details of your bank account in a separate email and deliver the merchandise following receipt of payment.

 

 

PayPalPlus

 

Through PayPal Plus we offer various payment methods as PayPal services. You will be directed to PayPal's website as the online provider. There, you will be able to enter your payment data, authorize PayPal to use your data and confirm your payment instruction to it.

 

If you choose the PayPal payment method, in order to pay the invoice total you must be registered/or register yourself with PayPal and verify yourself using your log-in details. The payment transaction will be automatically carried out by PayPal immediately after you confirm the payment instruction. Further information will be provided during the payment procedure.

 

If you choose the credit card payment method, you do not have to the registered with PayPal in order to pay the invoice total. The payment transaction will be carried out by your credit card company at the instruction of PayPal and charged to your account immediately after you have the confirmed the payment instruction and verified that you are the law card holder. Further information will be provided during the payment procedure.

 

If you choose the invoice payment method, you do not have to be registered with PayPal in order to pay the invoice total. Once the address and credit rating checks have been performed, we will assign our payment claim to PayPal. In this case, you must make the payment to PayPal in order to discharge your payment obligation. The payment transaction procedure carried out via PayPal is subject to PayPal's T&C and Privacy Policy alongside our own T&C. Further information and PayPal's complete T&C for the payment of invoices can be found here: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de DE.

 

Cash on collection

 

You pay the invoice totally at the time of collection.

Address of our warehouse：

Oppener Strasse 67, 52146 Wuerselen

Germany

 

 

7 Retention of Title

 

The delivered merchandise shall remain our property until the purchase price is paid in full.

 

8 Warranty

 

(1) We are liable for material faults or defective legal titles in accordance with the applicable statutory regulations, especially Sections 434 et seqq. German Civil Code (BGB). The limitation period for statutory warranty claims is two years, commencing with the shipment of the merchandise.

(2) Any seller's guarantees we extend to certain items, or manufacturer's guarantees extended by the manufacturer to certain items, are exercisable alongside the claims in the event of any material faults or defective legal title within the definition of para. 1. Details regarding the scope of such guarantees are set out in the terms of the guarantee, which are enclosed with the items where relevant.

 

9 Disclaimers

 

(1) We shall be liable to you in all cases of contractual and non-contractual liability for our intentional acts and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenditure.

 

(2) In other cases, unless otherwise stipulated in para. 3, we shall only be liable for the breach of a contractual obligation, the fulfillment of which is a prerequisite for the due performance of the contract and on the fulfillment of which you, as the customer, may regularly rely ("cardinal obligations") , and this liability is namely limited to compensation of foreseeable and typical damage. In all other cases, our liability shall be excluded subject to the provision in para. 3. We accept no liability particularly for lost feed-in revenue unless this is the result of our intentional or grossly negligent conduct.

 

(3) Our liability for damages arising from death or personal injury and under the Product Liability Act shall remain unaffected by the preceding limitations and exclusions of liability.

 

10 copyrights

 

We retain the copyright to all images, films and text published in our online shop. Any use of these images, films and text without our explicit consent is prohibited.

 

11 Choice of law and legal venue

 

(1) The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention. If you have submitted the purchase order as a consumer and you are ordinarily resident in another country, the application of the binding legal provisions of that country shall remain unaffected by the choice of law specified in the previous sentence.

 

(2) If you are a merchant and your registered address is located in Germany at the time of submitting then purchase order, the exclusive legal venue shall be the court with jurisdiction over the seller's registered address in Nettetal. Otherwise the local and international jurisdiction shall be subject to the applicable legal regulations.

 

(3) Dispute resolution: The EU Commission has established an online platform for the online resolution of disputes. The platform is a point of contact for the alternative dispute resolution of cases concerning contractual obligations established through online purchase contracts. Further information is available under the following link: http://ec.europa.eu/consumers/odr . We are neither obliged nor willing to participate in any dispute resolution procedure before any consumer conciliation body