Terms & Conditions

General Terms and Conditions and Customer Information of Nexol Photovolthermic AG

 

 I. General Terms and Conditions of Business

 

General Terms and Conditions (GTC) of Nexol Photovolthermic AG (hereinafter referred to as "Nexol") in the version of 30.04.2022

 

1. scope of application 

 

1.1 The following General Terms and Conditions shall apply to all contracts between Nexol and the customer in the version valid at the time of the order.

 

1.2 Nexol's offer is directed at both consumers and entrepreneurs. A consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity.

 

2 Conclusion of the contract

 

2.1 The following provisions on the conclusion of the contract shall apply to all orders placed with Nexol.

 

2.2 In the event of the conclusion of a contract, the contract shall be concluded with 

 

Nexol Photovolthermic AG

Represented by the board of directors Michael Lau and Niklas Gemp

Mombacher Street 68

55122 Mainz

 

Telephone: +49 (731) 40318305

E-mail: sales@nexol-ag.com

 

2.3 The presentation of the goods on our website does not constitute a legally binding contractual offer by Nexol, but is a non-binding invitation to order by the customer. 

 

2.4 The request for an offer shall be made in writing or in text form. Nexol shall then submit an offer to the customer for the desired products. If the offer is not accepted within two weeks, the offer shall be deemed to have been rejected.

 

3 Offer of goods and essential characteristics

 

The essential characteristics of the goods or services offered are shown in each case in the article description which is displayed when one of the products is called up in our shop.

 

4 Prices, shipping costs, payment, due date

 

4.1 The prices stated are final prices and include the statutory value added tax as well as other price components, with the exception of shipping costs.

 

4.2 If shipping costs are incurred, they are not included in the purchase price. Additional delivery and shipping costs are indicated separately in the respective product description or are shown separately in the course of the ordering process and are to be borne additionally by the customer, unless free delivery has been promised.

 

4.3 Various payment options are available to the customer, which are indicated during the ordering process. 

 

4.4 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

 

5 Delivery

 

Unless clearly stated otherwise in the respective item description, all items offered are ready for immediate dispatch. In this case, delivery shall take place within 15 working days at the latest (in the case of advance payment by bank transfer: 21 working days from the time the customer instructs us to make the payment). The delivery period begins on the day after conclusion of the contract. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the deadline ends on the next working day. If non-compliance with a delivery or performance deadline is due to force majeure, industrial action, unforeseeable obstacles or other circumstances for which the seller is not responsible, the deadline shall be extended accordingly. 

 

6. retention of title

 

Title to the goods shall remain with the Seller until the purchase price has been paid in full. 

 

7. right of withdrawal for consumers

 

If you are a consumer and only remote means of communication are used for the contract negotiations and the conclusion of the contract with us, you are entitled to a right of revocation in accordance with the following conditions:

 

Cancellation policy

 

Right of withdrawal

 

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

 

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.

 

In order to exercise your right of revocation, you must inform us (Nexol Photovolthermic AG, Mombacher Straße 68, 55122 Mainz, info@nexol-ag.com, telephone: +49 (0) 731 40318305 by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.

 

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of cancellation

 

If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

 

You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days. We will bear the costs of returning the goods, which can be sent back normally by post. You shall bear the direct costs of returning the goods which, due to their nature, cannot be returned normally by post. For goods that cannot be returned normally by post due to their nature, the costs are estimated at a maximum of approximately EUR 80 per package or EUR 300 per pallet. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods. This provision also applies if the goods were taken over at our pick-up stations.

 

Supplementary information:

 

The right of withdrawal does not apply to the following contracts:

 

Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

 

Model withdrawal form

 

(If you wish to cancel the contract, please complete and return this form).

 

- To Nexol Photovolthermic AG, Mombacher Straße 68, 55122 Mainz, sales@nexol-ag.com

 

- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

 

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

 

- Name of the consumer(s)

 

- Address of the consumer(s)

 

- Signature of consumer(s) (only in case of paper communication)

 

- Date(s)

 

(*) Delete where inapplicable.

 

 

8 Warranty 

 

8.1 The warranty shall be governed by the statutory provisions.

 

8.2 Claims of the buyer due to material defects shall become statute-barred one year after handover/delivery of the object of purchase to the customer, insofar as it is a used object within the meaning of § 476 para. of the German Civil Code (BGB).  

 

9 Liability

 

9.1 Nexol shall be liable without limitation for intent and gross negligence.

 

9.2 Nexol shall only be liable for simple negligence - except in the case of injury to life, body or health - if essential contractual obligations (cardinal obligations) are violated. Liability shall be limited to the foreseeable damage typical of the contract.

 

9.3 Liability for indirect and unforeseeable damage, loss of production and use, loss of profit, loss of savings and financial loss due to claims by third parties, is excluded in the case of simple negligence - except in the case of injury to life, limb or health.

 

9.4 Any further liability than provided for in this contract is excluded - regardless of the legal nature of the asserted claim. The foregoing limitations or exclusions of liability shall not apply, however, to strict liability prescribed by law (e.g. under the Product Liability Act) or to liability under a strict warranty.

9.5 Insofar as liability is excluded or limited in accordance with Sections 2 and 3, this shall also apply to the personal liability of Nexol's employees, representatives, bodies and vicarious agents.

 

10 Choice of law/ Place of jurisdiction

 

10.1 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In relation to consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

10.2 If the contractual partner is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction shall be the registered office of Nexol. The same shall apply to persons who do not have a general place of jurisdiction in Germany or persons who have moved their place of residence or habitual abode outside Germany after conclusion of the contract or whose place of residence or habitual abode is not known at the time the action is brought.

 

 

II. customer information

 

1 Identity of the seller

 

Nexol Photovolthermic AG

Represented by the board members Michael Lau and Niklas Gemp

Mombacher Street 68

55122 Mainz

 

Telephone: +49 (731) 40318305

E-mail: sales@nexol-ag.com

 

2. reference to EU dispute resolution and alternative dispute resolution

 

The European Commission provides a platform for online dispute resolution (OS): http://ec.europa.eu/consumers/odr.

 

We participate in a dispute resolution procedure before a consumer arbitration board. The competent body is the Universalschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein (https://www.verbraucher-schlichter.de).

 

3 Information on the conclusion of the contract

 

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with section 2 of our General Terms and Conditions.

 

4 Contract language

 

4.1 The contract language is German or English.

 

5. essential characteristics of the goods or services

 

The essential characteristics of the goods or services offered are shown in the item description, which is displayed when you call up one of the products in our shop.

 

6. prices and payment modalities

 

6.1 The prices stated are final prices and include the statutory value added tax as well as other price components, with the exception of shipping costs.

 

6.2 If shipping costs are incurred, they are not included in the purchase price. Additional delivery and shipping costs are indicated separately in the respective product description or are shown separately in the course of the ordering process and are to be borne additionally by the customer, unless free delivery has been promised.

 

6.3 The customer has various payment options at his disposal, which are indicated during the ordering process. 

 

6.4 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

 

7. terms of delivery

 

7.1 Delivery shall be made in accordance with clause 5 of our General Terms and Conditions.

 

7.2 If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the sold item during shipment shall not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.

 

7.3 If you are an entrepreneur, the delivery and shipment shall be at your risk.

 

8. legal liability for defects of goods

 

8.1 There is a statutory right of liability for defects for all goods offered. The liability for defects for our goods is governed by clause 8 of our General Terms and Conditions.

 

8.2 As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will not affect your statutory warranty claims.

 

9. information on data protection

 

Information on data protection in our company can be found in our data protection declaration.