AGB

General terms and conditions with customer information

Scope, definitions and subject matter of the contract

The following general terms and conditions (hereinafter referred to as “GTC”) apply to all business relationships between

Engine Energy GmbH
represented by managing director Frank Neff
Street of Peace 27
07548 Do
Tel.: +49 (0) 365 - 5514487
Fax: +49 (0) 365 - 55295826
E-mail: info@triebwerk-energy.com
Internet: treibwerk-energy.com
Company headquarters: Gera
Registration court: Jena District Court
Registration number: HRB 515540

(hereinafter "Salesperson" called) and the customer (hereinafter “Buyer”, collectively too “Parties” mentioned) of the seller.

These terms and conditions apply exclusively if the buyer is a consumer. According to Section 13 of the German Civil Code (BGB), a consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity. In contrast, according to Section 14 of the German Civil Code (BGB), 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 their commercial or independent professional activity.
These General Terms and Conditions apply in particular to contracts for the sale and/or delivery of movable items (“goods”), regardless of whether the seller produces the goods himself or buys them from suppliers (§§ 433, 650 BGB).
These General Terms and Conditions apply accordingly to contracts for the delivery of promotional vouchers, unless otherwise expressly stipulated in these General Terms and Conditions or otherwise agreed between the parties.
The seller's terms and conditions apply exclusively. If the buyer uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; They only become part of the contract if the seller has expressly agreed to this.

conclusion of contract

The presentation and advertising of the goods in the seller's online shop do not constitute a binding offer by the seller to conclude a purchase contract, but rather serve to make a binding offer to conclude a purchase contract by the buyer.
The buyer initially submits a non-binding offer by filling out the integrated online order form and then placing the selected goods in the seller's virtual shopping cart. Using the “order with payment” button, the buyer places a legally binding order (offer) to purchase the goods contained in the virtual shopping cart. Before sending his legally binding order, the buyer can view and change his entries at any time using the usual keyboard and mouse functions. However, the buyer can only submit and transmit his acceptance of the contract if he accepts these contractual conditions by clicking on the “Accept General Terms and Conditions” button.
Immediately after placing the order, the seller sends the buyer an automatic confirmation email in which the buyer's order is listed again and which the buyer can print out using the "Print" function. The automatic confirmation email simply documents that the buyer's order has been received by the seller. Such a confirmation does not constitute a binding acceptance of the order, unless it also declares acceptance in addition to confirming receipt.
The seller will immediately confirm receipt of the buyer's submitted order in writing or text form (fax, email or a letter sent by post). Such a confirmation does not constitute a binding acceptance of the order, unless it also declares acceptance in addition to confirming receipt.
A contract is only concluded when the seller accepts the buyer's order (offer) within 3 days,

by sending the buyer a declaration of acceptance (e.g. order confirmation) in writing or text form (fax, email and a letter sent by post) and the relevant time is the receipt of the declaration of acceptance by the buyer, or
by delivery of the ordered goods to the buyer and the relevant time being the receipt of the goods by the buyer, or
asks the buyer to pay after placing his order.

If several of the aforementioned alternatives exist, the alternative that occurs first is decisive for the conclusion of the contract. If the seller does not accept the buyer's offer within the aforementioned period, this is considered a rejection of the offer and the buyer is no longer bound by his declaration of intent.

The time at which the contract is concluded between the parties depends on the payment method chosen by the buyer.

When selecting the payment method „PayPal“ Payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. During the ordering process, the buyer is redirected from the seller's online shop to the PayPal website. After entering his payment details and selecting the desired payment method, the buyer also confirms a payment instruction to PayPal by clicking the button that completes the ordering process. After confirming the payment instruction, the seller requests PayPal to initiate the payment transaction and accepts the buyer's offer if the button that completes the ordering process is clicked.

The seller saves the contractual provisions, including the general terms and conditions, when concluding the contract while maintaining data protection and sends them to the buyer in text form (by email) after the order has been sent.
The buyer can view the contract text in his user account in the seller's online shop, provided the buyer has set up a user account before sending the order. The order data is stored in the seller's system and can be viewed and accessed by the buyer using his access data in the password-protected user account.
The final contract is in German.
The buyer must ensure that the email address he provided to process the order is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the buyer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

right of withdrawal

As a consumer, the buyer is entitled to a fourteen-day right of withdrawal in accordance with the statutory provisions.
Further information on the right of withdrawal can be found in the seller's cancellation policy below.

Delivery, delivery time and delay in delivery

Goods will be delivered by shipping to the delivery address specified by the buyer, unless otherwise agreed between the parties. The buyer's delivery address specified during the order in the online shop is decisive.
The delivery period and any existing delivery restrictions can be found under a correspondingly labeled “Shipping costs” link in the seller’s online shop or in the respective offer.
The following delivery restrictions apply: The seller only delivers to buyers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Federal Republic of Germany, Austria and Switzerland.
It is not possible to collect the goods yourself.
The seller delivers to packing stations.
Promotional vouchers are sent to the buyer via email.

transport damage

In the event of delivered goods with obvious transport damage, the buyer is requested to complain about this error to the delivery person as soon as possible and to contact the seller immediately. Failure to make a complaint or contact us has no consequences whatsoever for legal claims and their enforcement, in particular for the buyer's warranty rights.

Prices, shipping costs and payment conditions

Unless otherwise stated in the seller's offer, the prices stated are total prices. The total prices stated are in EURO and are gross prices including the statutory sales tax applicable on the day of invoicing and, if applicable, plus any applicable delivery and shipping costs.
If the transport company returns the shipped goods to the seller because delivery to the buyer was not possible, the buyer will bear the costs for the unsuccessful shipping. This does not apply if the buyer is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service to him a reasonable time in advance had. Furthermore, this does not apply with regard to the shipping costs if the buyer effectively exercises his right of withdrawal. If the buyer effectively exercises the right of withdrawal, the return costs will be subject to the provisions set out in the seller's cancellation policy.
From an order value of EUR 50.00, the seller delivers to the buyer free of charge.
An overview of the shipping options and the resulting shipping costs can also be found under the “Shipping costs” link. The shipping costs are also displayed to the buyer on the overview page before placing the order and must be confirmed.
If deliveries are made to countries outside the European Union, additional costs may arise in individual cases. The buyer bears these costs if the seller is not responsible for them. These costs may include taxes, customs duties and other public charges as well as costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees). If necessary, some of the aforementioned costs may also arise for deliveries to countries within the European Union if the buyer makes the payment from a country outside the European Union.
The buyer can pay the purchase price at his discretion using the following payment methods:

When selecting the payment method „PayPal“ Payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. During the ordering process, the buyer is redirected from the seller's online shop to the PayPal website. If the buyer is not already registered with PayPal, registration is required in advance in order to be able to pay the invoice amount via PayPal. After the registration process, the buyer must authenticate himself with his access data and confirm the payment instruction to the seller. The seller requests PayPal to initiate the payment after confirming the payment instruction. Payment via PayPal is automatic.
When selecting the payment method "Shopify Payments" Payment is processed via the payment service provider Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter referred to as “Shopify”). The individual payment methods offered via Shopify are communicated to the buyer during the ordering process in the seller's online shop. Shopify can use other payment services to process payments. If this is the case, special payment conditions may apply, which the buyer will be informed of separately if necessary. Further information about “Shopify Payments” is available online at https://www.shopify.de/payments available.
When selecting the payment method "SOFORT by Klarna" Payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as “Sofort”). After placing the order, the buyer is redirected from the seller's online shop to the website of the online provider Sofort. In order to be able to pay the invoice amount via Sofort, the buyer must have an online banking account with a PIN/TAN procedure that has been activated for participation in Sofort, identify themselves accordingly during the payment process and confirm the payment instruction to Sofort. The payment transaction will be carried out by Sofort immediately afterwards and the buyer's specified account will be debited. The buyer receives further information and information about paying via Sofort during the ordering process and can find it under the link: https://www.klarna.com/sofort/ or https://www.sofort.de.

The buyer is only entitled to offsetting rights if his counterclaims have been legally established or are undisputedly linked to the seller's main claim or recognized by the seller.

Liability for defects

The seller is liable for material or legal defects in the goods delivered in accordance with the applicable legal regulations, in particular §§ 434 ff. BGB.
The limitation period for statutory claims for defects when purchasing new goods is two (2) years from the delivery of the goods.

Liability for damages

With regard to the services provided by the seller, the seller, his legal representatives and his vicarious agents are only liable in the event of intent or gross negligence.
In the event of a breach of essential contractual obligations, liability also exists in the event of simple negligence, but is limited to foreseeable damage typical of the contract.
Essential contractual obligations are those obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the buyer can regularly rely (so-called cardinal obligations). Claims for damages resulting from injury to life, body or health as well as under the Product Liability Act remain unaffected by the above restrictions.
Incidentally, a liability of the seller is excluded.

retention of title

If the seller makes advance payment, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.

Redeeming promotional vouchers

Promotional vouchers are vouchers issued for a specific period of validity (hereinafter: “Promotional voucher” called), which the seller can give out to the buyer free of charge as part of an advertising campaign. Promotional vouchers cannot be purchased and can only be redeemed in the seller's online shop within the specified period.
The buyer can only redeem one promotional voucher per order.
The seller has the option to exclude individual products from the voucher campaign, provided that a corresponding note is noted on the campaign voucher.
The buyer must redeem the promotional voucher in the input field provided via the seller's online shop before completing the ordering process. Once the ordering process has been completed, the promotional voucher can no longer be redeemed for the purchase made.
The value of the goods must not be less than the amount of the promotional voucher and must therefore at least correspond to the amount of the promotional voucher. The seller is not obliged to refund any remaining balance from the promotional voucher to the buyer.
If the amount of the promotional voucher is less than the value of the order, the buyer must refund the remaining amount outstanding to the seller. For this purpose, the buyer can select a payment method offered by the seller in his online shop.
There will be no cash payment or interest on the value of a promotional voucher.
If the buyer makes use of his statutory right of withdrawal and returns goods that have been paid for in part or in full using the promotional voucher, there will be no refund of the value of the promotional voucher.
The promotional voucher is transferable to third parties and can be redeemed by the respective holder in the seller's online shop with debt-discharging effect. The promotional voucher cannot be redeemed if the respective holder is not authorized or incapable of doing business or does not have the right to represent you and the seller is aware of this or is grossly negligent.

data protection

The seller collects and stores the buyer’s data necessary for the transaction. When processing the buyer's personal data, the seller observes the legal provisions. The seller is entitled to transmit this data to third parties commissioned to carry out the order, to the extent that this is necessary to fulfill the contract. Further details can be found in the seller's data protection declaration, which is available in the online offer.
Upon request, the buyer will receive information about the personal data stored about him at any time.
Otherwise, the statutory data protection regulations apply, in particular the General Data Protection Regulation (GDPR), the new version of the Federal Data Protection Act (BDSG-new) and the Telemedia Act (TMG).
The seller has the copyright to all texts, images and films published on his website. Use of the images, films and texts is not permitted without the express consent of the seller.

Alternative Dispute Resolution

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

Final Provisions

The law of the Federal Republic of Germany applies to these General Terms and Conditions and the contractual relationship between the parties, excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
If the buyer does not have a general place of jurisdiction in Germany or another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business in Gera.

Stand: 17.07.2020