General Terms and Conditions

1. Scope

For all orders via our online shop by consumers and entrepreneurs, the following general terms and conditions apply.

A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a legal partnership that, in the course of entering into a legal transaction, is acting in the course of its commercial or independent professional activity.

With regard to entrepreneurs, these general terms and conditions also apply to future business relationships, without us having to refer to them again. If the entrepreneur uses conflicting or supplementary terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.

2. Contracting Party, Conclusion of Contract
The purchase contract is concluded with Emobility Group Limited.

By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially put our products into the shopping cart without obligation and correct your entries at any time before submitting your binding order; you can make such corrections using the correction tools provided and explained in the order process. The contract is concluded by accepting the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order you will receive a confirmation by e-mail.

The language available for the contract is German.

We save the contract text and send you the order data and our general terms and conditions by e-mail. You can also view and download the general terms and conditions here on this page. Your past orders can be viewed in our customer login area.

3. Delivery Conditions
In addition to the stated product prices, shipping costs are added. You can find out more about the amount of shipping costs in the offers.

We do not deliver to package stations.
We do not deliver to the United States of America (USA).

4. Payment
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment methods. Payment is to be made to Klarna.

  • Pay in 14 days: The payment period is 14 days from shipment of the goods or tickets/ availability date of the service. You can find the complete terms and conditions for the markets where this payment method is available here: United Kingdom, Germany, Sweden, Norway, Denmark, Finland, Austria and the Netherlands.
  • Slice it: With the financing service from Klarna you can pay your purchase in flexible or fixed monthly instalments according to the conditions stated in the checkout. The instalment payment is due at the end of each month after submission of a separate monthly invoice by Klarna. Further information regarding Slice It including terms and conditions and Standard European Consumer Credit Information you can find here for the markets where this payment method is available: Austria, the United Kingdom, Germany, Sweden, Norway, Denmark and Finland.
  • Direct banking: Available in Germany, Austria and the Netherlands. Your account will be debited directly after placement of your order.
  • Direct Debit: Available in Germany, Sweden, Austria and the Netherlands. Your account will be debited after shipment of the goods or tickets/ availability date of the service ​or in case of a subscription in accordance with the timelines communicate​d. You will be notified about the date(s) by email.
  • Card Payments: Available in Germany. The amount will be reserved on your card and will be debited after shipment of the goods or tickets/ availability date of the service. In case of a subscription the amount will be debited in accordance with the timelines communicate​d.

The payment methods Pay in 14 days, Slice It and direct debit are only available in case of a positive credit assessment. For this purpose, during the order process and handling of your purchase, we forward your data for an address and credit check to Klarna. We can only offer you the payment methods available based on the result of the credit check. General information about Klarna and the user terms per country can be found on klarna.com. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.

The following other payment methods are available in our shop:
Payment in advance
If you select the payment in advance method, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.
PayPal
If you choose the payment method PayPal you can pay by PayPal and by credit card without Paypal. The terms and conditions of PayPal (Europe) S.à rl et Cie, SCA apply.
Credit card
If you choose the credit card payment method, you can pay directly by credit card. The payment process will then be handled reliably through Stripe (https://stripe.com).

5. Cancellation Policy
Consumers are entitled to the statutory right of cancellation as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of cancellation.

6. Transport Damage
For consumers: If goods are delivered with obvious transport damage, please complain about such faults as soon as possible to the deliverer and please contact us immediately. The failure to file a complaint or contact us has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us make our own claims against the carrier or transport insurance.

For entrepreneurs: The risk of accidental loss and accidental deterioration shall be transferred to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. Among traders, the duty to inspect and to report is regulated in § 377 HGB. If you refrain inspection and reporting, the goods are deemed to have been approved, unless they have defects that were not identifiable during the inspection. This does not apply if we have fraudulently concealed a defect.

7. Warranty and Guarantees
Unless expressly agreed otherwise below, the statutory warranty rights apply.

For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.

For entrepreneurs, the limitation period for warranty claims is one year from the transfer of risk; the statutory limitation periods for the recourse claim under § 478 BGB remain unaffected.

With regard to entrepreneurs, an agreement on the condition of the goods is understood to refer only to our own information and the manufacturer’s product descriptions that were included in the contract; We accept no liability for public statements made by the manufacturer or other advertising statements.

If the delivered goods are defective, we initially provide to entrepreneurs at our discretion warranty by rectification of the defect (repair) or by delivery of a defect-free item (replacement).

The above limitations and shortened terms do not apply to claims due to damages caused by us, our legal representatives or vicarious agents

  • in the event of injury to life, body or health
  • in the event of intentional or grossly negligent breach of duty as well as malpractice
  • in the event of breach of essential contractual obligations, the fulfilment of which enables proper execution of the contract in the first place and on the compliance with which the contracting party may regularly rely (cardinal obligations)
  • within the scope of a guarantee promise,
  • insofar as the scope of application of the Product Liability Act applies.

Information on any applicable additional guarantees and their exact conditions can be found with the product and on special information pages in the online shop.

8. Liability
We are always fully liable for claims arising from damages caused by us, our legal representatives or vicarious agents

  • in the case of injury to life, body or health
  • in the case of intentional or grossly negligent breach of duty
  • in the case of a guarantee promise,
  • insofar as the scope of application of the Product Liability Act applies.

In the event of a breach of essential contractual obligations, the fulfilment of which enables the contract to be executed properly (cardinal obligations) through slight negligence on the part of us, our legal representatives or vicarious agents, the liability shall be limited to the damage foreseeable at the time the contract was concluded and whose emergence typically has to be expected.

Claims for damages are excluded.

9. Final Provisions
If you are an entrepreneur, German law applies, excluding the UN Sales Convention.

If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.

Note:
The EU Commission offers the possibility of online dispute resolution on an online platform operated by it. This platform can be reached via the external link http://ec.europa.eu/consumers/odr/.

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