General terms and conditions
General Terms and Conditions
Effective Date: 01.01.2024
Welcome to attosolar.eu (hereinafter referred to as "Supplier").
Protecting your privacy is important to us, and we want to ensure that you
understand how we collect, use, and protect your personal information.
1. Scope of Application
1.1 These General Terms
and Conditions (GTC) of attosolar.eu apply to all legal relationships between
attosolar.eu and its customers (hereinafter "Customer"), including
all orders, order confirmations, and offers.
1.2 Deviations from these GTC are only possible in writing
in individual cases. These GTC always apply, with the exception of written
deviations, and such deviations apply only in certain specific cases. These GTC
apply between the parties in all respects, both retrospectively and
prospectively.
1.3 In the event that a provision of these GTC cannot be
invoked due to being contrary to any mandatory provision of German law, such a
provision will be given a similar meaning to make it enforceable. The other
provisions of these GTC will remain fully in force in such cases.
1.4 In case of inconsistencies between the English version
of the GTC and the translations thereof, the English version will prevail.
2. Offers, Conclusion of the Agreement
2.1 All offers from
attosolar.eu are non-binding.
2.2 An agreement is concluded between attosolar.eu and the
Customer when the Customer places an order, and the Customer receives an order
confirmation. The Customer can only place an order through the attosolar.eu
website by agreeing in advance to the applicability of these GTC.
2.3 The order confirmation and the GTC constitute the
complete agreement between the parties ("the agreement").
2.4 In the event of any inconsistency between the order
confirmation and the GTC, the order confirmation will prevail.
3. Prices
3.1 All prices indicated
in the agreement are exclusive of value-added tax (VAT), unless otherwise
agreed in writing.
3.2 Changes to prices give attosolar.eu the right to adjust
the prices charged to the Customer.
4. Payment
4.1 The invoice must be
paid as indicated by attosolar.eu within fourteen (14) days unless otherwise
agreed in writing. This payment term is a strict deadline.
4.2 Payment must be made in euros, unless otherwise agreed
in writing. Setoff, discount, withholding, or suspension of payment obligations
on the part of the Customer towards attosolar.eu is not allowed.
4.3 In case of late payment, the Customer will be in
default automatically without requiring any notice of default. In such cases,
the Customer will immediately owe interest.
4.4 In case of late payment, extrajudicial collection costs
will be charged to the Customer.
4.5 Attosolar.eu has the right to set off all payable or
conditional claims against the Customer.
5. Delivery
5.1 The agreed delivery
time is not a strict deadline.
5.2 Attosolar.eu has the right to deliver goods in partial
deliveries.
5.3 The Customer is obliged to take receipt of the products
at the moment at which attosolar.eu offers them to the Customer.
5.4 The obligation to deliver lapses if the Customer has
not taken receipt of the products within the specified term.
6. Retention of Title
6.1 The products
delivered by attosolar.eu remain the property of attosolar.eu until the
Customer has paid the purchase price in full.
6.2 The products covered by the retention of title may only
be resold or used within the context of normal business operations.
7. Liability
7.1 Attosolar.eu's
liability is limited to alternative compensation.
7.2 Attosolar.eu is not liable for non-conformity or any
other form of damage other than alternative compensation.
7.3 Any liability on the part of attosolar.eu is always
limited to the contract price.
7.4 Any claim for compensation of damage lapses after one
(1) year.
8. Defects
8.1 The Customer is
required to inspect the products upon delivery.
8.2 Visible defects or shortcomings must be reported
immediately.
8.3 Invisible defects must be reported within five (5)
working days after delivery.
8.4 The Customer is obliged to afford attosolar.eu the
opportunity to inspect the product in question.
8.5 If attosolar.eu considers the notification to be
well-founded, it may repair, replace, or credit the unsound products.
8.6 The Customer does not have certain rights conferred by
law for purchasers not acting for business purposes.
8.7 Samples/models shown or provided are for example
purposes only.
8.8 Complaints concerning invoices must be reported within
eight (8) days of the invoice date.
8.9 If the Customer does not report defects or complaints
within the specified terms, a complaint will not be handled.
8.10 Claims and defences based on facts that would justify
the assertion that the products delivered do not comply with the agreement
lapse after one (1) year.
9. Warranties
9.1 Attosolar.eu does
not provide product or other warranties.
9.2 In case of bankruptcy or cessation of a producer or
supplier, attosolar.eu will not assist the Customer in claiming any warranties.
10. Termination of the Agreement
10.1 Attosolar.eu has
the right to suspend the performance or dissolve the agreement in case of
Customer's default or bankruptcy.
11. Force Majeure
11.1 Force majeure
includes circumstances that prevent or obstruct performance of the agreement
and that cannot be attributed to attosolar.eu.
11.2 If force majeure lasts for more than six (6) months,
both parties will have the right to dissolve the agreement.
12. Applicable Law/Competent Court
12.1 All legal
relationships are governed exclusively by German law.
12.2 All disputes will be settled exclusively by the
competent court of the Customer’s place of residence or place of business.
13. Personal Data
13.1 The use of Customer
data is allowed in compliance with the General Data Protection Regulation
(GDPR).
13.2 Attosolar.eu implements security measures to protect
Customer data.
13.3 Cookies may be used via the website, and the Customer
can manage their preferences.
13.4 The Customer has the right to inspect, correct, or
remove personal data.
13.5 Changes to the privacy policy will be announced via
the website and sent to the Customer.