§ 1 Scope of contract
The following conditions govern the contractual relationship between the seller "Solarmove GmbH" and the respective purchaser on the sales platform on the Internet.
§ 2 Subject of the contract
Subject matter of the contract is the sale of goods by the seller to the buyer on the sales platform, in particular the sale of electric vehicles and their rental.
These products are offered by the seller either the article or shop as a shop as a general auction items. General auction items are visible on both sites as well as in the general store of the seller.
The general on the website or in the shop of the seller of goods set offers are subject to constant prices of the seller to conclude a contract on the respective article. With free assembly products e.g. Battery packs, the contract concluded by the second confirmation e-mail the seller, in which any exchange rates and delivery times specified separately from the general rule.
§ 3 Conclusion of Contract, Contract Language
The buyer can purchase through the eBay shop of the seller once the goods offered or bid on these goods in an auction. Auction offers may be associated with the Buy It Now option. They're on the eBay shop of the seller in the listing format Buy It Now auctions offered goods and these goods also visible to the general eBay. This does not apply to items of the seller, which are provided exclusively by him as shop items.
In the case of instant purchase is an effective purchasing contract for a Buy It Now price (fixed price) between buyer and seller about when the buyer the "Buy Now" or "C $" (auction site) and "Order" clicks and confirms the operation.
When an auction is an effective purchase contract with that buyer who deliver within the offer period, the highest bid. The amount of the purchase price is based on this maximum bid.
If an auction offer additionally provided with the option Buy It Now, is an effective purchasing contract for the purchase of the item regardless of the expiry of the time, and without conducting an auction already come into existence for a Buy It Now price (fixed price), if a buyer exercises this option . The option can be exercised by the purchaser, provided that no bid has been received on the article or the commandments of the vendor, fixed minimum prices have not yet been reached.
The seller sends the buyer after the conclusion of an order confirmation and order processing information.
The Buyer warrants and represents that all of it to the auction or checkout transacted information (eg name, address, e-mail address, bank details etc.) truthfully. Changes are communicated to the seller immediately.
Contract language is exclusively english or german.
§ 4 Contract handling, shipping costs
All prices are gross prices plus any applicable shipping and packaging costs. The eBay fees incurred be borne by the seller. The shipping cost incurred by the purchaser from the location of the seller are set forth in the shipping cost table, which is available here.
The purchase price may be paid only by cash in advance, enabling direct debit or PayPal.
Seller agrees, upon completion of the purchase contract and full payment of the purchase price of the goods to be sent immediately to the Purchaser by mail or courier. Partial deliveries are permissible if they are reasonable for the buyer.
§ 5 Withdrawal
The buyer may, if it is a consumer, the contract within 14 days without giving any reasons in text form (eg letter, fax, e-mail) or - if it received the goods before the deadline - by returning the goods revoked. The time limit begins after receipt of this notice in written form, but not before receipt of the goods to the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not meet the information obligations of the seller under Article 246 § 2 draft law in connection with § 1 Sections 1 and 2 draft Law and its obligations according to § 312g para 1 sentence 1 BGB in conjunction with Article 246 § 3 BGB. For the revocation, it is sufficient to send the unit within the revocation period.
The revocation must be sent and indicated to: solarmove GmbH, Frankfurter Str 43, 61476 Kronberg, by mail or facsimile +49 6173 940231
In the case of an effective withdrawal, the mutually received benefits and any benefits derived (eg interest) surrendered. Can the buyer to the seller the received power and benefits (eg usage advantages) do not give or partially, or not, or only in deteriorated condition, respectively, he must pay the seller compensation for lost value. Provide for a determination by the deterioration of the goods caused the buyer must not have value. Compensation for benefits derived, the buyer must pay only if he has used the goods in a way that goes beyond the consideration of the characteristics and functioning. By "testing the properties and functioning" refers to the testing and evaluation of the respective goods, such as it is in our store and customary. Transportable items are to be returned at the expense and risk of the seller. Not parcel things are picked up by the buyer. Obligations to reimburse payments must be made within 30 days. The period begins for the buyer with the dispatch of the cancellation or the goods, the seller with the receipt.
§ 6 Warranty
For a defect of the goods, subject to the statutory provisions. This means that the buyer is primarily rectification, ie can either demand a replacement or a defect. In the presence of other statutory requirements, the buyer is entitled to reduce the purchase price or rescind the contract. Apply to claims for damages because of a defect in the goods - in addition to the legal conditions - the conditions specified in § 7. As far as used goods are subject to the transaction and the buyer is a consumer, the warranty is excluded. If the customer is consumer, the warranty period of used items is a year.
The rental vehicles are maintained at all times careful and stand there to be extremely reliable. However, should there be a non-availability of the rented property as come through regular maintenance interval or other technical malfunctions, so the rent has no legal right to compensation, but only the withholding of the relevant claim downtime. The tenant agrees to tire pressure checks every 2 months, check the fluids and the important rubber wiper and how to seal the passenger compartment independently perform. The window and the vehicle is regularly from dust and dirt to relieve such that on average there will be no damage to window panes and body paint.
Prohibited lost keys the renter is liable for scooters with ¤ 150 and for cars with ¤ 250 plus any shipping costs or travel expenses if the vehicle can not be repaired at the site of the losses in a workshop or by stopping / parking of the vehicle is or the circumstances, a risk of vandalism can be assumed (eg bus / train station / market / public bicycle / shopping centers, etc.). The loss is immediately in writing stating date, place and a more detailed description immediately (see solarmove.de Imprint) by e-mail.
The condition of the vehicle is documented at delivery and by e-mail sent between the physical delivery of the leased premises to the tenant. Deviate from this figure the actual state, it is immediately in writing. This is especially true when a carrier is switched between, and therefore can not be excluded that the damage may have occurred during the transport pathway concluded. Forgets that the tenant, then i.d.R. the commissioner of transportation is no longer possible to assert his rights within the time allowed for transport damage, accordingly, the tenant for any damage caused by delay to be liable.
For rentals including kilometer packages or e-car-rent monthly the number of part-or full loads as well as the mileage by e-mail is to be transmitted.
For each lease is a monthly Mietabschlag by direct debit or by standing order to make. The rent is due at the beginning or each end of the tenancy. If the tenant is more than 6 weeks in arrears with his rent, the rent will be automatically terminated and the tenant is different from the other leases the obligation, and bring the vehicle to regain possession of the landlord. That conclusion is not to mandate advance against the landlord and its related transport company with the mission to collect the vehicle. Participation in the direct debit is always the imprint and may alternatively also be made by simple E-Mail/Imprint in the shop system.
In case of delay damages caused by late charges, the landlord has the tenant in writing of such appointment to any request of a tenant, otherwise, only the rents paid in advance daily added. A delivery or collection will be sent by e-mail at least 3 days in advance avisioniert with reference to a period of 6 hours. The receiver shall be liable for default of acceptance and delay with the usual rent and a renewed, albeit possibly reduced delivery fee.
§ 7 Liability
For a liability of the seller for damages without prejudice to other statutory eligibility requirements following exclusions and limitations.
The seller assumes full responsibility, insofar as intent or gross negligence. For simple negligence, the seller is liable only for breach of a duty the performance of the proper execution of the contract in the first place and on their compliance with the buyer can usually trust (cardinal obligation). Moreover, liability for damages of any kind, exclude her because of who claim basis, including liability for Veschulden of contract.
If the seller under the preceding paragraph shall be liable for simple negligence, its liability is limited to damages which occurrence he could have expected in the circumstances known at the conclusion of the contract typically.
These exclusions and limitations do not apply if the seller has a guarantee for the quality of the goods or the goods have been fraudulently concealed the defect. The seller is also liable for unlimited damages, which are to be replaced under the Product Liability Act, and for damage to life and limb.
These exclusions and limitations also apply to the employees and agents of the seller and for the benefit of third persons employed by the seller to fulfill the contract.
§ 8 Payment, Default and Retention of title
The delivered goods until complete payment property of the seller. The purchase price is payable immediately upon conclusion of the contract.
The buyer gets if he is not a consumer in default if he has not made within 30 days after the due date. Consumers also advised within 30 days after the due date in arrears, if you will be informed of this consequence in the invoice or payment request.
§ 9 Data Protection
Buyer understands and agrees to the fact that his need for order and order processing personal data are stored on disks. He consents to the collection, processing and use of personal data explicitly. The buyer has the right to revoke this consent at any time with future effect. The seller agrees to the case for immediate cancellation of personal customer data, unless an order process is not yet completely settled. The deletion occurs within the limits set by the tax office.
According to our knowledge of our Internet services to third party websites or link, we can not guarantee and liability for the accuracy or completeness of the contents and the data security of these sites take over. Since we have no control over compliance with data protection regulations by third parties, you should be offered in each case to check privacy policies separately.
§ 10 Final provisions
At the present general conditions and on the respective closed sales contract governed by German law excluding the UN Sales Convention is applicable, unless the purchaser is not a consumer.
If the buyer is a merchant, legal person under public law or public special fund is for all disputes arising out of or in connection with this contract, the district court Königstein / Ts. agreed jurisdiction. We do not take part in Consumer Arbitration (EU).
Should one or more provisions of these terms and conditions in whole or in part, be ineffective, then the validity of the remaining provisions shall not be affected.
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