General Terms and Conditions (Online Shop)

General terms and conditions for deliveries and services in the context of orders via the online shop of GP JOULE Connect GmbH, Cecilienkoog 16, 25821 Reußenköge (GP JOULE)

(Rev. 2022-A, as of 21 July 2022)

Preamble

The deliveries and services of GP JOULE are subject to these General Terms and Conditions.

§ 1          Scope of Application; Conclusion of Contract

(1)          Unless expressly agreed otherwise between the parties, these General Terms and Conditions apply to deliveries and services provided by GP JOULE. If the client provides deviating contractual terms and conditions, these shall not become part of the contract even if GP JOULE does not object to them. The inclusion of deviating contractual conditions of the client requires the written consent of GP JOULE.

(2)          The client can submit an offer to conclude a contract via the online order form integrated into GP JOULE's online shop. After placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the client submits a legally binding contractual offer in relation to the goods contained in the shopping basket by clicking the button that concludes the ordering process.

(3)          The receipt of the order via the online shop is confirmed to the customer promptly by automatic email. This automatic confirmation of receipt email is not a declaration of acceptance and does not constitute a binding order confirmation. Acceptance of the offer by GP JOULE is generally effected by an express order confirmation by email, which confirms the order in text form in a binding manner.

(4)          The provisions in the offer take precedence over these General Terms and Conditions and are supplemented by these General Terms and Conditions.

(5)          Supplementary, deviating or other changes to GP JOULE's offer shall only become part of the contract if the client informs GP JOULE of this separately (changes made by the client to the offer are not sufficient for this purpose) and GP JOULE then confirms these in writing.

§ 2          Contractual Items

(1)          The exact scope of performance, type and number of components and scope of services (contractual items), the expected delivery or performance date and the contract price are set out in the order confirmation.

§ 3          Delivery Period, Force Majeure

(1)          Unless expressly agreed otherwise, the information on the delivery and/or performance date is non-binding.

(2)          Compliance with agreed deadlines shall be subject to the timely fulfilment of the agreed obligations of the client, such as the handover of documents and compliance with the agreed terms of payment.

(3)          Claims for compensation by the client are excluded in all cases of delayed delivery and performance, subject to the provisions under § 7 (Liability). The Client's right to withdraw from the contract after the fruitless expiry of a reasonable grace period shall remain unaffected.

(4)          If the fulfilment of the delivery or services is made significantly more difficult or impossible for the parties due to unforeseeable circumstances over which they have no influence and the prevention of which cannot be achieved with a reasonable technical or economic effort (in particular deviating site conditions or force majeure such as natural disasters, war, industrial action, pandemics, sovereign orders), the parties shall be released from their contractual performance obligations as long as these circumstances and their consequences have not been finally eliminated.

§ 4          Acceptance, Transfer of Risk

(1)          If GP JOULE's performance consists exclusively of delivery, the client must inspect the delivery upon handover at the place of destination and notify GP JOULE in writing of any defects within 7 working days. If no notification of defects is made within this period, the delivery shall be deemed to be free of defects. The risk of accidental loss and accidental deterioration shall pass to the client upon handover (delivery). The statutory rights of the consumer shall not be restricted by a breach of this obligation.

(2)          If GP JOULE's performance also includes services, the client will be informed of the completion of the services. Within 10 working days of receipt of this information, the client must provide GP JOULE with either a confirmation of acceptance or a notification of defects in text form. After expiry of this period, acceptance shall otherwise be deemed to have been granted. The risk shall pass to the client on the day of acceptance.

§ 5          Payment Terms, Retention of Title

(1)          The prices stated in the offer are in euros and - unless stated separately - are exclusive of VAT.

(2)          The due date for payment is set out in GP JOULE's offer.

(3)          Insofar as the due date for payment is linked to an event and this event is delayed for reasons for which GP JOULE is not responsible, the payment is nevertheless due 4 weeks after the date scheduled for the event in accordance with the offer.

(4)          Invoices for payments are due ten calendar days after receipt of the request for payment and are payable without deduction. The value date on the GP JOULE account is decisive for the timeliness of payment.

(5)          Only undisputed or legally established counterclaims may be offset against claims of the respective contractual partner.

(6)          GP JOULE retains ownership of the contractual items until all claims arising from the contract have been paid in full. As long as ownership has not yet been transferred to the client, the client must inform GP JOULE immediately in writing if the contractual item is seized or subject to other interventions by third parties.

§ 6          Liability for Defects

(1)          Warranty rights of the client, as long as the client is not a consumer, presuppose that the client has properly fulfilled its obligations to inspect the goods and give notice of defects in accordance with § 377 HGB (German Commercial Code).

(2)          In the case of consumers, claims for defects shall become time-barred 24 months after handover or acceptance of the subject matter of the contract by the client. In other cases, warranty claims shall become time-barred 12 months after delivery or acceptance of the subject matter of the contract at the client's premises.

(3)          After handover or acceptance of the subject matter of the contract, GP JOULE is liable, subject to the provision in § 7, in such a way that GP JOULE must rectify the defects. In the event of a timely notification of defects, GP JOULE will, at its discretion, either repair the subject matter of the contract or supply a replacement. GP JOULE must always be given the opportunity for subsequent fulfilment within a reasonable period of time.

(4)          If the subsequent fulfilment ultimately fails, the client may - without prejudice to any claims for damages - withdraw from the contract or reduce the remuneration.

(5)          Claims for defects shall not exist in the event of only insignificant deviation from the agreed quality, in the event of only insignificant impairment of functionality or in the event of wear and tear. The same applies to damage caused by improper handling or external influences. If improper repair work or modifications are carried out by the client or third parties, no claims for defects shall exist for these and the resulting consequences. 

(6)          In the event of notices of defects, the client may withhold payments only to the extent that is in reasonable proportion to the material defects that have occurred. If the notice of defects is unjustified, GP JOULE may demand reimbursement of the expenses incurred from the client.

(7)          Section 7 (Liability) also applies to claims for damages.

(8)          Further claims by the client are excluded.

(9)          The technical data, specifications and service descriptions stated in the offer do not constitute any assurances or guarantees, unless expressly agreed otherwise in the offer.

§ 7          Liability

(1)          The liability of the parties and their agents and assistants for culpably caused damage is excluded, unless the damage was caused intentionally or by gross negligence. This does not apply to damages resulting from injury to life, limb or health or the culpable violation of essential contractual obligations, i.e. such obligations whose fulfilment is essential to the proper execution of the contract and on whose compliance the contractual partner may regularly rely (so-called cardinal obligations).

(2)          In the event of a breach of material contractual obligations based on circumstances other than intent or gross negligence, liability shall be limited to the damage that the liable contractual partners foresaw as a possible consequence of the breach of contract when concluding the respective contract or should have foreseen, taking into account the circumstances that they knew or should have known. The same applies to grossly negligent behaviour by simple agents (not senior employees) outside the area of essential contractual obligations, as well as to damage to life, limb or health.

(3)          The provisions of the Product Liability Act remain unaffected.

§ 8          Commissioning of Third Parties

GP JOULE is entitled to use third parties as agents within the meaning of Section 278 of the German Civil Code (BGB) to fulfil its obligations, provided that it is ensured that the services are carried out properly and professionally.

§ 9          Duty to provide information under the EU General Data Protection Regulation (GDPR)

Information on data protection at GP JOULE can be found here: www.connect-gp-joule.de/datenschutz.

§ 10       Final Provisions

(1)          The exclusive place of jurisdiction for merchants as defined in the German Commercial Code, legal entities under public law and special funds under public law is Husum./p>

(2)          These terms and the offer are subject to the laws of the Federal Republic of Germany.

(3)          The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr. This platform serves as a point of contact for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved. GP JOULE is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

(4)          Should individual provisions of this contract be or become invalid, the validity of the rest of the contract and its other provisions shall remain unaffected. The same applies if the contract should have a gap. The contracting parties shall replace any invalid provision or gap in the contract with a valid provision that most closely approximates the economic purpose of the contract. Section 139 of the German Civil Code (BGB) is waived in its entirety.

(5)          (5) There are no verbal side agreements. Amendments and supplements to these terms and conditions are only effective if agreed in writing. This also applies to this written form clause.

§ 11 Right of Cancellation

If the client is a consumer within the meaning of § 13 BGB (German Civil Code), he has a right of cancellation, about which he is informed as follows:

Right of Cancellation:

You have the right to cancel this contract within 14 days without stating any reasons. In the case of a service contract, the cancellation period shall begin on the day of conclusion of the contract; in the case of a product purchase contract, on the day on which you or a third party nominated by you, other than the carrier, took or took possession of the last goods.

To exercise your right of cancellation, you must notify us,

GP JOULE Connect GmbH, Ceci-lienkoog 16, 25821 Reußenköge

phone 04671-6074- 650

email: service.connect@gp-joule.de

by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached sample cancellation form for this, but this is not mandatory.

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

Consequences of cancellation

If you cancel this contract, we will reimburse you for all payments we have received from you, including delivery charges (except for additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than 14 days from the date on which we receive notification of your cancellation of this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may refuse a refund until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than 14 days from the date on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the 14-day period. You bear the direct costs of returning the goods.

You will only be 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. If you have requested that a service should begin during the cancellation period, you shall pay an appropriate amount corresponding to the proportion of the services already provided by the time you have informed us of the exercise of the right of cancellation with respect to the contract, compared to the total scope of the services provided for in the contract.

Specimen cancellation form

To

GP JOULE Connect GmbH

Cecilienkoog 16

22821 Reußenköge

E-Email.  service.connect@gp-joule.de

To GP JOULE Connect GmbH Cecilienkoog 16 22821 Reußenköge Email: service.connect@gp-joule.de I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / for the provision of the following services (*),

- Ordered on (*) / received on (*),

- Name of customer(s),

- Address of customer(s),

- Signature of customer(s) (only if this form is completed on paper),

- Date ___________

(*) Please delete as applicable