Terms and Conditions

§ 1 Scope, definition

1.1

These terms and conditions apply to all your orders with us, 240-Volt L.L.C-FZ, Rua Bartolomeo Dias 20, 8200-096 Albufeira, Portugal, hereinafter referred to as "240-Volt " or "we" / "us", which are placed by you as a consumer or as a businessperson via our internet portals or in any other form. In the case of oral (especially telephone) contracts, you - if you are a consumer - will be reminded of the validity of these terms and conditions; in business dealings with you as a businessperson, these terms and conditions are included for the ongoing business relationship with your first order and then also apply to all subsequent orders. Only these general terms and conditions apply. Your terms and conditions only apply to the extent that we have expressly agreed to them in writing. We hereby object to the inclusion of your general terms and conditions that contradict our terms and conditions. Our terms and conditions also apply if we provide the service to you without reservation in the knowledge of your conflicting conditions or conditions that deviate from these terms and conditions.

1.2

A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity, Section 13 of the German Civil Code (BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity, Section 14 Paragraph 1 of the German Civil Code (BGB). A partnership with legal capacity is a partnership that is endowed with the ability to acquire rights and incur liabilities, Section 14 Paragraph 2 of the German Civil Code (BGB).

§ 2 Conclusion of contract

2.1

The presentation of the products in the shop does not represent a binding offer on our part, but a non-binding product presentation. To place an order in our 240-Volt.com webshop you must:

1) Add items to your shopping cart;

2) Login, select and enter billing and delivery address;

3) Choose shipping method and payment method;

4) Confirm the accuracy of your information on the verification page

5) At the end click on the button "order with payment"

The ordering process and the conclusion of the contract are carried out exclusively in German. By clicking on the button "order with payment" you place a binding order for the goods in the shopping cart. We will confirm receipt of your order immediately by email in the form of an automated order confirmation email. Your order represents an offer to us to conclude a contract. You are bound to your offer for 5 days. Within this period we can declare acceptance of your offer. Acceptance of your offer generally occurs through delivery of the goods or, in exceptional cases, by us bindingly confirming the order in text form in another way - for example, by an express order confirmation by email; the automatic order confirmation email, which merely confirms receipt of your order, does not constitute a declaration of acceptance on our part in the above sense. Delivery takes place within your offer binding period, i.e. within 5 days. If, in exceptional cases, delivery only takes place after 5 days have elapsed, you are no longer bound to your order. The delivery of goods after 5 days then represents a new offer on our part to conclude a contract; you can then accept this offer expressly or through conclusive action (in particular through acts of appropriation or use). In these cases, we waive receipt of the declaration of acceptance (§ 151 BGB).

2.2

In the event that you have selected "prepayment" as your payment method, you will receive a declaration of acceptance from us after completing the order process, in deviation from Section 2.1, in addition to the automated order confirmation email, with which the contract is then effectively concluded. This declaration of acceptance also contains the invoice amount to be transferred by you, the specified payment date and our account details. As soon as we have received and recorded the payment, the goods will be dispatched immediately. If payment is not made by the specified payment date, we are entitled to withdraw from the contract without further notice.

2.3

We do not save the contract text. You can print it out before submitting your order. We save the specific order data, but for security reasons it cannot be accessed via the Internet.

2.4

An order can also be placed by telephone or fax. If you order by telephone, you will be referred to the option of viewing these terms and conditions on our website. Upon request, we will send you these terms and conditions in text form. If you order by fax, the terms and conditions will be sent to you by fax.

2.5

If you are an entrepreneur as the customer, we will initially conclude a preliminary contract with you in accordance with § 2.1, unless otherwise agreed in individual cases. We are then initially only obliged to endeavour to ensure sufficient supplies and, if necessary, to contact our suppliers. As an entrepreneur, you are initially only obliged to notify us at least in text form at least three days in advance of your withdrawal from your willingness to conclude the (future) contract. The preliminary contract is binding for two weeks. If we provide or deliver the goods within the two-week period and we have not received your declaration in accordance with sentence 3 by this time, the main contract is automatically concluded.

2.6

If we accept your offer under changed conditions (e.g. at a different price), our acceptance is to be understood as an offer to conclude a modified contract (Section 150 II BGB). We will inform you of the modified offer in text form immediately after your order. In this case, as a consumer, you have the option of accepting the offer within 14 days expressly or by conclusive action (in particular by acts of appropriation or use) or by email. In this respect, we waive receipt of your declaration of acceptance (Section 151 BGB). If you are a business owner who is self-employed on a large scale in the market and you do not object to your modified offer declaration related to the agreement made within 3 days of receipt, the offer is deemed to have been accepted, unless we could not have expected your acceptance of the modified offer due to a significant deviation from the original order.

2.7

A contract is not concluded if an offer from us contains obvious typos or other incorrect information concerning the properties or price of the product. We must prove to you that it is a typo or incorrect information. If you are a consumer, we are fully liable for all quality information within the meaning of Section 434 III No. 2 b) BGB; in particular, as a consumer you can rely on the accuracy of the product information provided on our websites.

2.8

Deviating from the aforementioned clauses, the conclusion of the contract on online trading platforms (e.g. eBay) is governed by the applicable, in this respect, overriding regulations (terms and conditions, conditions of participation, etc.) of the respective online trading platform. On eBay, for example, according to Section 12 of the eBay Terms and Conditions (version dated February 11, 2023), the listing of an item is already considered a binding offer to conclude a purchase contract, which is concluded either by the passage of time with the highest offer or by activating the "buy now" option. In these cases, however, before the contract is concluded, there will be clear reference to different contractual conditions when registering with a corresponding online trading platform.

§ 3 Unavailability of the service

3.1

Every offer is subject to self-supply; if the ordered goods are not available because our supplier did not deliver to us at the time of conclusion of the contract, which was unforeseeable and not our fault, we have the right to withdraw from the contract. In this case, we will inform you immediately that delivery is not possible and will immediately refund any purchase price you may have already paid. This right only applies to you as a consumer if we have concluded a specific hedging transaction and were unexpectedly not delivered by our supplier.

3.2

Liability for damages due to non-fulfillment is excluded if we have not acted with gross negligence or intent with regard to the lack of availability; any liability due to pre-contractual negligence (cic) remains unaffected. In the event of an incorrect delivery within the meaning of Section 434 V of the German Civil Code (BGB), you as a consumer are entitled to the statutory rights without restriction.

§ 4 Prices and shipping costs

4.1

The prices quoted are final prices including the applicable statutory sales tax of (currently) 19%.

4.2

(Zero tax rate for sales related to certain photovoltaic systems)

If you are the operator of a photovoltaic system within the meaning of Section 12 Paragraph 3 No. 1 UStG and this is either a privileged building within the meaning of Section 12 Paragraph 3 No. 1 UStG or the installed gross output of the photovoltaic system according to MaStR is or will not be more than 30 kW (peak), the sales tax is reduced to 0.0% if the legal requirements are met. If it subsequently
turns out (e.g. through an audit by the tax office or changes to the legal requirements) that you do not meet the requirements of Section 12 Paragraph 3 No. 1 UStG, you undertake to pay us the 19% sales tax (by submitting an appropriately corrected invoice).

4.3

We deliver to Germany and other European countries. We charge a flat shipping fee for shipping. This is based on the current shipping cost table and is displayed before the order is sent. For shipping to non-EU countries (e.g. Switzerland or Norway), customs clearance costs also apply, which are not included in the flat shipping costs.

The shipping costs of parcel services (<22kg) with DHL, DPD or UPS are divided as follows:

Zones 1*
Germany	4,90 €
Zone 2
Belgium	13,90 €
Netherlands	13,90 €
Luxembourg	16,61 €
Austria	10,90 €
Denmark	17,75 €
Zone 3
Czech Republic	20,23 €
Poland	20,57 €
Slovakia	20,06 €
Slovenia	20,40 €
Hungary	21,23 €
Zone 4
France	13,90 €
Italy	20,40 €
Sweden	20,90 €
Zones 5
Spain	29,39 €
Finland	30,12 €
Zones 6
Portugal	32,98 €
Estonia	32,17 €
Latvia	32,44 €
Lithuania	32,44 €
Croatia	33,51 €
Malta	31,64 €
Zones 7
Monaco	38,22 €
Ireland	39,18 €
Romania	37,90 €
Bulgaria	38,22 €
Zones 8
Cyprus	53,90 €
Greece	56,16 €
Zone 9
Switzerland	34,90 €
Norway	34,90 €
Liechtenstein	34,90 €
Great Britain	54,90 €
Goods value over 900 €	54,90 €
Zones 10
Israel	59,90 €
Türkiye	59,90 €
Goods value over 900 €	79,90 €
Zones 11
Hong Kong	84,90 €
Canada	84,90 €
Singapore	84,90 €
Taiwan	84,90 €
Thailand	84,90 €
USA	84,90 €
Goods value over 900 €	104,90 €
Zones 12
Iceland	34,90 €
Moldova	34,90 €
Serbia	34,90 €
Ukraine	334,90 €
Shopping cart over 900 €	54,90 €
Zones 13
Australia	119,90 €
Colombia	119,90 €
South Africa	119,90 €
Shopping cart over 900 €	139,90 €
Zones 14
Kuwait	124,90 €
Lebanon	124,90 €
Goods value over 900 €	124,90 €

* Bulky goods

Packages measuring between 1.20m and 1.80m are sent as bulky goods. The cost within Germany is €29.90 and is displayed during the order process.

* Freight forwarding

For packages over 1.80m and goods that are not suitable for parcel shipping, the freight forwarding shipping method is automatically displayed. Shipping by freight forwarding within Germany costs €77.00 (<100kg) or €154.00 (<200kg). If the weight limit is exceeded or if the shipment is to a European country, the shipping costs must be recalculated by our support team. We will be happy to create a suitable offer for you.

§ 5 Payment, due date and default

5.1
The purchase price for the goods and their shipment is due immediately upon conclusion of the contract and must be paid in advance, via PayPal and via PAYONE using a credit card (Mastercard, Visa) or in cash when picking up the goods from our company headquarters. Purchase on account and direct debit are subject to a credit check and can be rejected by us if the credit rating is negative. You can also find more information about our credit check here . The deadline for payment for purchase on account is 10 days from the date of issue of the invoice, unless we have agreed otherwise.

5.2
By providing your credit card number/account number in your order, we are authorized to collect the purchase price (including shipping costs if applicable) from the credit card account/current account you provided in your order when the contract is concluded; you will be responsible for any bank charges that may arise if the money transfer fails due to insufficient funds in your account. If you agree to the direct debit procedure, we will debit the money after delivery and invoicing.
We will not check beforehand whether the goods are in stock.

5.3
Payment via PayPal is only possible for goods valued at up to EUR 4,999.00.

5.4
We can make delivery of the goods dependent on an advance payment obligation (prepayment) even if you choose a different payment method, if there is an objectively justified reason for this (e.g. if we receive a negative credit report for you or if there have been payment difficulties with you in the past) and we have sufficiently taken your legitimate customer interests into account, in particular by securing the consideration to be provided.
The conclusion of the contract is then governed by the provisions of Section 2.2 of these General Terms and Conditions.

5.5
Notwithstanding the previous provisions, the purchase price is due in full upon delivery. If you have not paid, you will be in default 10 days after delivery without any further notice from us. In the event of defects, you are not entitled to a right of retention unless the retention is in reasonable proportion to the defects and the expected costs of non-fulfillment (in particular, remedying the defect). Partial deliveries are permitted, but only under the strict condition that acceptance is reasonable for you, taking into account our situation and your legitimate interests; the purchase price of the partial delivery will then be due proportionately. An invoice is included with the delivery of the goods. The invoice amount is to be paid in one sum.

If there is no default yet, you will automatically be in default of payment even after 30 days from the proper receipt of the goods and invoice (§ 286 III BGB); this only applies to you as a consumer if there is a corresponding warning in the respective invoice. The statutory regulations apply with regard to the consequences of your default in payment.

5.6

In the event of late payment, we are entitled to withdraw from the contract after the expiry of a deadline without result. Setting a deadline is not necessary if you definitively refuse to provide the service or if you do not provide the service by a specific date or within a deadline and we have tied our interest in the service to the timeliness of the service. Special circumstances that justify withdrawal in the interests of both parties can also be invoked.

5.7

During the delay in payment, you are liable for any negligence and for the accidental loss of the goods provided by us or already delivered (§ 287 BGB). If you do not accept the properly delivered goods - without exercising any right of cancellation or return in the case of the purchase of consumer goods - in the event of delay in acceptance, you are liable in particular for the additional expenses incurred, for example the additional express costs incurred as a result of multiple delivery attempts or any storage costs, administration costs, etc. (§ 304 BGB). From the time of delay in acceptance, we are no longer responsible for simply negligent actions (§ 300 BGB). Delay in acceptance occurs in particular if you are not personally present at the specified delivery address at the specifically agreed time of delivery. If you refuse acceptance without justification, seriously and definitively, we can withdraw from the contract and in particular claim the lost business profit as compensation (§ 325 BGB).

§ 6 Set-off, assignment and right of retention

6.1

You only have the right to set off if your counterclaim has been legally established, is not disputed or recognized by us, or is in a close synallagmatic relationship to our claim.

6.2

You are entitled to exercise a right of retention to the extent that your counterclaim is based on the same contractual relationship.

§ 7 Delivery and obligation to give notice of defects

7.1

Delivery will be made to the delivery address you specified. If you are an entrepreneur, the risk is transferred when the item is handed over to the freight forwarder or another person designated for shipment (Section 447 BGB). If you are a consumer, the risk of accidental loss and accidental deterioration is only transferred when the item is handed over to the freight forwarder or another person designated for shipment if you have commissioned the freight forwarder, the carrier or another person or institution designated for shipment to carry out the shipment and we have not previously named this person or institution to you. Otherwise, the risk is only transferred to you when the item is handed over to you or from the time you default in acceptance (Section 474 II BGB).

7.2

We will endeavour to deliver the goods as quickly as possible; delivery times are generally subject to timely and sufficient self-supply in accordance with § 3.1. Subject to the priority of a verifiable individual agreement, in case of doubt only delivery dates agreed in writing are binding. If the goods are not in stock in our shop and are marked as "ordered for you", we will order the goods for you immediately and deliver as quickly as possible, but no later than 12 months after your order.

7.3

You are obliged to check the quality and quantity of the goods immediately after delivery. If you are a consumer, your rights under §§ 434 ff. BGB are not restricted in the event of a breach of this obligation; however, in individual cases, the breach of obligation may result in contributory negligence on your part under § 254 BGB. If you are an entrepreneur, you are obliged to report obvious defects immediately after delivery of the goods and hidden defects immediately after discovery or objective opportunity to discover them. The validity of § 377 HGB remains unaffected.

7.4

If you are an entrepreneur, you have the option of delivering the goods directly to your customers after making the appropriate arrangements with us. If these customers are consumers, they also represent themselves as your authorized representatives in the contractual relationship between us and you as an entrepreneur; in particular, your customers are then subject to the obligations arising from your obligation to give notice of defects in accordance with
Section 7.3. The rights of the consumer vis-à-vis their respective contractual partner remain unaffected by this regulation.

§ 8 Retention of title

8.1

The delivered goods remain our property until they have been paid for in full. The same applies to items that are delivered as part of repair or other assembly contracts. The statutory property rights according to §§ 946 ff. BGB remain unaffected by this; the unauthorized purchaser is obliged to retransfer ownership of the installed component if necessary. The retention of title also remains in effect for all claims that we subsequently acquire against you in connection with our delivery or service. Until the claims arising from the retention of title have been met, the items covered by the retention of title may not be resold, rented, loaned or given away, nor may they be given to third parties for repair. This does not affect your right as a consumer to remedy defects if we are in default with our legally owed subsequent performance obligation. As long as ownership has not yet been transferred to you, you are obliged to treat the goods with care. If maintenance and inspection work has to be carried out, you must carry this out in a timely manner at your own expense. You must also notify us immediately in writing if the delivered item is seized or subject to other interventions by third parties. If the third party is unable to reimburse us for the legal and extrajudicial costs of a lawsuit in accordance with Section 771 of the Code of Civil Procedure, you as the buyer are liable for the loss we incur. If you do not meet your obligations under the retention of title, we can withdraw from the contract after setting a reasonable deadline and demand the return of the reserved goods from you and, after warning with a reasonable deadline, sell them in the best possible way by selling them privately and offsetting them against your claim. You as the purchaser bear all costs of taking back and disposing of the reserved goods.

8.2

If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the delivery item remains our property in accordance with the following provisions until all claims we are entitled to against you have been fulfilled.

8.2.1

You are permitted to process or transform the delivery item ("processing"). However, the processing is then carried out for us. However, if the value of the delivery item belonging to us is less than the value of the goods and/or the processing that do not belong to us, we acquire co-ownership of the new goods in the ratio of the value (gross invoice value) of the processed delivery item to the value of the other processed goods and/or the processing at the time of processing. If we do not acquire ownership of the new goods according to the above, we agree that you grant us co-ownership of the new goods in the ratio of the value (gross invoice value) of the delivery item belonging to us to that of the other processed goods at the time of processing. The above sentence applies accordingly in the event of the inseparable mixing or combination of the delivery item with goods that do not belong to us. If we acquire ownership or co-ownership according to this, you are obliged to store the goods for us with the care of a prudent businessman.

8.2.2

In the event of the sale of the delivery item or the new goods, you hereby assign to us as security any claims you have against your customer from the resale, including all ancillary rights, without the need for any further special declarations; we accept this assignment. The assignment applies including any balance claims. However, the assignment only applies to the amount that corresponds to the price of the delivery item invoiced by us. The portion of the claim assigned to us must be satisfied with priority.

8.2.3

If you combine the delivery item or the new goods with real estate, you also assign, without the need for any further special declarations, your claims to which you are entitled as compensation for the combination in the amount corresponding to the price of the delivery item invoiced by us.

8.2.3

Until revoked, you are authorized to collect the claims assigned to us. You are obliged to forward to us immediately any payments made on the assigned claims up to the amount of the secured claim. If there are legitimate interests, in particular in the event of late payment, cessation of payment, opening of insolvency proceedings, protest of a bill of exchange or reasonable indications of over-indebtedness or impending insolvency on your part, we are entitled to revoke your collection authorization. In addition, after prior warning and observing a reasonable period of time, we can disclose the security assignment,
utilize the assigned claims and
demand that you disclose the security assignment to your customers.

8.2.4

If you can demonstrate a legitimate interest, you must provide us with the information and documents required to assert our rights against your customers.

8.2.5

While the retention of title exists, you are prohibited from pledging or transferring ownership as security. In the event of seizure, confiscation or other disposals or interventions by third parties, you must notify us immediately. The resale of the delivery item or the new goods is only permitted to resellers in the ordinary course of business and only under the conditions that the equivalent value of the delivery item is paid to you. You must also agree with the buyer that the buyer only acquires ownership upon this payment.

8.2.6

If the realizable value of all security rights to which we are entitled exceeds the amount of all secured claims by more than 10%, we will release a corresponding portion of the security rights at your request. It is presumed that the requirements of the previous sentence are met if the estimated value of the securities to which we are entitled reaches or exceeds 150% of the value of the secured claims. We have the choice between different security rights when releasing them.

8.2.7

If you breach your obligations, in particular if you are late with payment, we are entitled, without setting a deadline, to demand the return of the delivery item or the new goods and/or - if necessary after setting a deadline - to withdraw from the contract; you are obliged to return them.
The demand for the return of the delivery item/new goods does not constitute a declaration of withdrawal on our part, unless this is expressly stated.

§ 9 Right of withdrawal for consumer contracts

9.1 Right of withdrawal (General / eCommerce)

BEGINNING OF CANCELLATION POLICY

Right of withdrawal

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

The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods. To exercise your right of cancellation, you must inform us, 240-Volt L.L.C-FZ , represented by the managing directors, Mr. Andrei Samarin , Rua Dr.Diogo Leote 35,8200-121 Albufeira, email: consil@240-Volt , Tel +971 58 132 7289, www.240-Volt.com , of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You may use the linked sample cancellation form for this purpose, 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 revocation:

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.

We may refuse repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.

You will bear the direct cost of returning the goods.

You only have to pay for any loss of value of the goods if this loss of value is due to handling by you which is not necessary to check the quality, properties and functioning of the goods. If you want to cancel the contract, you can use this form to declare your cancellation.

END OF CANCELLATION POLICY

9.2

Return costs obligation in case of cancellation

You have to bear the costs for the return shipment.

9.3

According to § 312g BGB, a right of withdrawal does not exist for the following contracts:

9.3.1

Contracts for the supply of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,

9.3.2

Contracts for the supply of goods which are liable to spoil quickly or whose expiry date would be quickly exceeded,

9.3.3

Contracts for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery,

9.3.4

Contracts for the delivery of goods if, after delivery, they have been inseparably mixed with other goods due to their nature,

9.3.5

Contracts for the supply of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which cannot be delivered until 30 days after conclusion of the contract at the earliest and whose current value depends on fluctuations in the market over which the entrepreneur has no influence,

9.3.6

Contracts for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery,

9.3.7

Contracts for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts,

9.3.8

Contracts for the delivery of goods or the provision of services, including financial services, the price of which depends on fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period, in particular services related to shares, units in open-ended investment funds within the meaning of Section 1 Paragraph 4 of the Capital Investment Code and other tradable securities, foreign currencies, derivatives or money market instruments,

9.3.9

Contracts for the provision of services in the field of accommodation for purposes other than residential purposes, transport of goods, rental of motor vehicles, supply of food and beverages and the provision of other services related to leisure activities, where the contract provides for a specific date or period for the provision of such services,

9.3.10

Contracts concluded in the context of a form of marketing where the trader offers goods or services to consumers who are present in person or who are given the opportunity to do so, in a transparent procedure based on competitive bidding conducted by the auctioneer, under which the successful bidder is obliged to purchase the goods or services (public auction),

9.3.11

Contracts where the consumer has expressly requested the trader to visit him to carry out urgent repairs or maintenance work; this does not apply to further services provided during the visit which the consumer has not expressly requested, or to goods supplied during the visit which are not necessarily required as spare parts for the maintenance or repair,

9.3.12

Contracts for the provision of betting and lottery services, unless the consumer has made his contractual declaration by telephone or the contract was concluded away from business premises, and

9.3.13

notarised contracts; this only applies to distance contracts for financial services if the notary confirms that the consumer’s rights under Section 312d Paragraph 2 are safeguarded.

9.4

In addition to your legal right of cancellation, you can return the goods delivered by us to 240-Volt L.L.C-FZ , Meydan Grandstand, 6th floor, Meydan Road, Nad Al Sheba, Dubai, U.A.E within 30 days (starting on the day after receipt of the goods) under the following conditions. You must bear the costs of the return shipment.

Conditions for our voluntary 30-day return policy:

The goods must not show any signs of use and must be returned to us complete and in their original packaging within 30 days. The voluntary right of return does not apply to contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or determination by you as a consumer is decisive or which are clearly tailored to your personal needs as a consumer.

Your statutory 14-day right of withdrawal and your statutory warranty claims remain unaffected!

Until your statutory right of withdrawal has expired, only the conditions stated in the cancellation policy apply.

9.5

To make returns easier for you, we have set up a returns service for you.

At http://240-volt.com/returns/ you have the option of having a return label created for your return, which you can use to quickly and easily complete your return.

Please note that this request is not a prerequisite for the effective exercise of your statutory right of withdrawal or restricts the rights to which you are entitled.

§ 10 Warranty

10.1

If you are a consumer, the statutory provisions (§§ 434 ff., 474 ff. BGB) apply - subject to the liability agreement according to § 12.

10.2

If a product is already defective upon delivery (warranty case), we will initially replace it with an equivalent product at our own expense or have it professionally repaired (at your discretion) (§ 439 I BGB). We can refuse the type of subsequent performance you have chosen, without prejudice to § 275 II and III BGB, if this is only possible at disproportionate costs. In particular, the value of the item in a defect-free condition, the significance of the defect and the question of whether the other type of subsequent performance could be used without significant disadvantages for you must be taken into account. In this case, your claim is limited to the other type of subsequent performance; our right to refuse this type of subsequent performance under the conditions of sentence 2 remains unaffected (§ 439 IV BGB). If the legal requirements are met, you have - subject to the limitation of liability under § 12 - the further rights under § 437 No. 1-3 BGB.

A warranty claim does not exist in particular in the following cases:

• for damage caused to you by misuse or improper use, unless this is due to inadequate assembly instructions,
• for damage caused by the products being exposed to harmful external influences (in particular extreme temperatures, humidity, exceptional physical or electrical stress, voltage fluctuations, lightning strikes, static electricity, fire).

Furthermore, we do not provide any warranty for a defect that has arisen due to improper repair by a service partner not authorized by the manufacturer.

10.3

In the case of a justified request for repair or a justified request for replacement, you are obliged to send the defective product to the specified return address (§ 9.1) at our expense - if possible, stating the order number. Before sending the product, you should, in your own interest, remove any objects you may have inserted (e.g. memory chips or cards) from the product. We are not obliged to examine the product for the installation of such objects. We are not liable for the loss of such objects unless
it was immediately apparent to us when we took the product back that such an object had been inserted into the product; in this case, we will inform you and have the object ready for collection. Before sending a product for repair or replacement, you are obliged to create separate backup copies of the system software, applications and all data on the product on a separate data storage device if necessary and to deactivate all passwords. It is also your responsibility to install the software and data and reactivate the passwords after a repaired product or replacement product has been returned to you. If you send the goods in to receive a replacement product, you may have to delete any software and other data you have installed, as well as passwords on the product you have sent in. If the product inspection reveals that the complaint is obviously unfounded, you are obliged to pay us a flat-rate compensation of €40.00; both contracting parties are free to prove that the costs incurred were lower or higher in individual cases. Of course, the burden of proof of the

Section 477 of the German Civil Code remains unaffected if you are a consumer. If a warranty case actually exists, we will reimburse you for the shipping costs incurred immediately after the subsequent performance has been carried out (Section 439 II of the German Civil Code).

10.4

If you send the goods in to receive a replacement product, the return of the defective product is subject to the following conditions: If you, as an entrepreneur, were able to use the goods in a defect-free condition between delivery and return, you must reimburse the value of the use you made of them (§ 439 VI BGB). For each month of use, a flat-rate usage fee of 4% of the purchase price of the replaced goods is due; you are free to provide evidence of a lower usage fee.

10.5

Withdrawal is only possible in the case of a significant defect (§ 323 V BGB).

10.6

In addition, for products delivered within the Federal Republic of Germany, claims may also be made against the manufacturer within the framework of a (contractual) guarantee granted by the manufacturer, which are governed by the relevant guarantee conditions of the respective manufacturer. We are not responsible for the guarantee promises of the manufacturers.

§ 11 Limitation period

11.1

The statutory warranty for the claims specified in Section 437 of the German Civil Code (BGB) against you as a consumer generally ends two years after the transfer of risk for new items. If you are an entrepreneur, there is also a warranty period of one year from the transfer of risk for new items. The above restrictions do not cover liability for damages resulting from injury to life, body or health that are based on a negligent breach of duty by us or an intentional or negligent breach of duty by one of our legal representatives or vicarious agents, or liability for other damages that are based on a grossly negligent breach of duty by us or on an intentional or grossly negligent breach of duty by one of our legal representatives or vicarious agents. Liability for pre-contractual fault (cic) or under the Product Liability Act also remains unaffected.

11.2

If you are a consumer, the limitation period begins upon receipt of the goods. If you are a business owner, the limitation period begins upon provision of the goods or handover to the shipping company. Any guarantee granted by the manufacturer does not extend the limitation period according to Section 11.1.

§ 12 Liability for damages

12.1

We are liable for grossly negligent and intentional breaches of duty as well as for damages caused by simple negligence resulting from injury to life, body and health. If you are an entrepreneur, liability for non-intentional acts is limited to the damage typically foreseeable at the time the contract was concluded.

12.2

In the case of slight negligence, we are only liable for the breach of essential contractual obligations and limited to the damage foreseeable at the time the contract was concluded. This limitation does not apply to injury to life, body or health. We are not liable for other damage caused by slight negligence due to a defect in the purchased item. Liability for slight negligence is also limited to the damage foreseeable at the time the contract was concluded and which must typically be expected to occur. This limitation of liability also applies to our vicarious agents. Any liability due to pre-contractual negligence (cic) or under the Product Liability Act remains unaffected.

12.3

Irrespective of any fault on our part, any legal liability remains in place in the event of fraudulent concealment of a defect or the express assumption of a guarantee by us.

12.4

We are also liable for any impossibility of delivery that occurs accidentally during the delay, unless the damage would have occurred even if the delivery had been made on time.

§ 13 Use of data

13.1

We treat all personal data as strictly confidential. Our data protection practices are in particular in line with the GDPR, the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). Personal customer data is only passed on to third parties in compliance with the requirements of the GDPR. Only the data that is necessary in each case is passed on to the service provider, the distributor and the parcel or courier service. Among other things, you have the option at any time to request free information about the data stored about you and to have it deleted, corrected or blocked for advertising purposes. You can find our detailed data protection declaration here.

§ 14 Packaging material, batteries

14.1

Since electrical and electronic devices do not belong in household waste, old devices must be handed in at a collection point. Old devices from private households can be handed in at the return and collection points of the public waste disposal authorities or at collection points set up by manufacturers or distributors in accordance with the ElektroG. We are registered with the EAR Foundation to fulfil our obligations under the ElektroG and fulfil our obligations via take-e-way GmbH. You can find the nearest free collection point near you on the take-e-way website.

As a distributor, we are obliged under Section 3 Paragraph 14 of the Act on the Further Development of Separate Collection of Waste Containing Recyclable Materials near Households - Packaging Act (VerpackG) to join a comprehensive system for the return of sales packaging in accordance with Section 7 of the Packaging Act. We have of course complied with this obligation. The packaging materials we send can therefore be disposed of separately by you in a system in accordance with Section 13 ff of the Packaging Act. However, you also have the option of returning the materials used to us, as we are obliged to take back corresponding packaging in accordance with Sections 15 ff of the Packaging Act.

In connection with the sale of batteries, accumulators and/or the delivery of devices containing batteries, we are obliged to point out the following:

As an end user, you are legally obliged to return used batteries and/or accumulators. Old batteries/accumulators must not be disposed of in household waste at the end of their service life; this is also indicated by the symbol with the crossed-out trash can. If batteries or accumulators contain mercury (Hg), cadmium (Cd) or lead (Pb), you will find the respective chemical symbol (Hg, Cd or Pb) below the symbol of the crossed-out trash can. You can return old batteries/accumulators free of charge to a retail store or other collection point in your area. You can also obtain addresses of suitable collection points from your city or local authority. You can also return your old batteries/accumulators free of charge to our shipping warehouse at the address provided in the imprint. If you have any specific questions, please feel free to contact us.

¹ Battery contains more than 0.002% cadmium

² Battery contains more than 0.0005% mercury
³ Battery contains more than 0.004% lead

§ 15 Miscellaneous

15.1

All contracts concluded with us within the meaning of Section 1 are subject exclusively to the law of the Federal Republic of Germany, expressly excluding the UN Convention on Contracts for the International Sale of Goods and the conflict of laws provisions of international private law. If you are a consumer and do not reside in Germany, mandatory provisions of the country in which you reside as a consumer remain unaffected by this choice of law. In these cases, the law of the state in which you reside as a consumer applies in your favor as a consumer. The contract language is German.

15.2

The place of jurisdiction for all current and future claims arising from the business relationship with you as an entrepreneur, including bills of exchange and check claims, is our place of business. The same applies to you as a consumer if you do not have a general place of jurisdiction in the country, if you move your place of residence or habitual abode out of the country after the contract is concluded, or if your place of residence or habitual abode is not known at the time the action is brought.

15.3

In business transactions with you as an entrepreneur, the common place of performance of the parties is our place of business.

15.4

If you are an entrepreneur, the inclusion of your general terms and conditions is expressly rejected. In the event of a disagreement in individual parts, the entire contract is deemed not to have been concluded (§ 139 BGB).

15.5

Notifications and declarations to us must be made at least in text form. Any proven deviating contractual agreements or declarations by the parties remain unaffected by this regulation.

15.6

Should any of the above conditions be invalid, this shall not affect the validity of the remaining provisions.

As of: 16.04.2024 - Cancellation policy As of: 16.04.2024

Reporting and notification obligations according to Section 18 ElektroG / Article 2 Waste Framework Directive

According to the law implementing the Waste Framework Directive/AbfRRL, an amendment to the Electrical and Electronic Equipment Act in Section 18 was passed in Article 2. According to this, the status of the fulfilment of the quantitative targets according to Section 10 (3) and Section 22 (1) ElektroG must be published annually by the manufacturers. To fulfil our information obligations according to Section 18 ElektroG, we refer to the publication of our service provider, take-e-way GmbH, which you can find here:

https://www.take-e-way.de/leistungen/berichts-und-informationspflichten/

Alternative dispute resolution according to Art. 14 para. 1 ODR-VO and Section 36 VSBG:

The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr/.
We are not obliged and generally not willing to participate in a dispute resolution procedure before a consumer arbitration board.