General terms and conditions and customer information of Plug Solar and Dronai Pro

 

I. General Terms and Conditions

General Terms and Conditions (GTC) of Plug Solar and Dronai Pro Ltd (hereinafter referred to as “Plug Solar”) in the version of 26.11.2021

1. Scope of application

1.1 The following general terms and conditions apply to all contracts between Plug Solar and the customer in their version valid at the time of the order.

1.2 Plug Solar’s offer is aimed at both consumers and entrepreneurs. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity who acts in the exercise of his commercial or independent professional activity when concluding a legal transaction.

2. Conclusion of the contract

2.1 The following regulations on the conclusion of the contract apply to all orders with Plug Solar.

2.2 In the event of the conclusion of the contract, the contract is concluded with the

Plug Solar and dronai Pro Ltd.
Represented by the managing director 
Ulonu 3, Vilnius, Lithuania 
Phone: +370 695 00 33
Email: info@plug.solar

2.3 The presentation of the goods on our website does not constitute a legally binding contractual offer of Plug Solar, but is a non-binding invitation to order by the customer. By ordering the desired goods, the customer makes a binding offer for him to conclude a purchase contract.

2.4. The acceptance of the offer takes place in writing or in text form (e.g. by sending an order confirmation or invoice) or by sending the ordered goods within two weeks. If acceptance is not made within the deadline, the offer is considered rejected.

2.5 The customer makes a binding contract offer if he successfully goes through the ordering process in our online shop. The order is made in the following steps:

Selection of the desired item and the order quantity by the customer
Add the goods to the shopping cart by clicking on the button “Order” or “add to cart”
Verification of the information on the items in the shopping cart
Pressing the button “Checkout”
Login to the online shop with an existing customer account or after registering a new customer account
Further possibility of examination or Correction of the data entered in each case.
Binding dispatch of the order by clicking on the button “order for a fee” or “buy”

Before the customer sends his order bindingly after checking his information, he can return to the previous page on which the customer’s information was recorded by pressing the “Back” button contained in the Internet browser he uses. The customer can correct input errors here or cancel the order process by closing the Internet browser.

We confirm receipt of the order immediately by means of an automatically generated e-mail (confirmation of receipt). This confirmation of receipt does not yet constitute acceptance of the offer, but works through the proper functioning of the ordering process. The acceptance of the offer takes place in writing, in text form or by sending the ordered goods within one week.

3. Product range and essential characteristics

The essential characteristics of the goods or services offered result from the item 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 quoted are final prices and include the statutory value added tax as well as other price components, with the exception of shipping costs.

4.2 Insofar as shipping costs are incurred, these are not included in the purchase price. Additional delivery and shipping costs are specified separately in the respective product description or are shown separately during the ordering process and are to be borne by the customer in addition, unless free shipping is promised.

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

4.4 Unless otherwise stated for the individual payment methods, the payment claims 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. Delivery takes place here at the latest within 15 working days (in the case of advance payment by bank transfer: 21 working days from the instruction of payment by the customer). The deadline for delivery begins to run on the day after the 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 dispute, unforeseeable obstacles or other circumstances for which the seller is not responsible, the period will be extended appropriately.

6. Retention of title

Ownership of the goods remains with the seller until the purchase price has been paid in full.

7. Right of revocation for the consumer

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

Cancellation policy

Right of revocation

You have the right to withdraw from 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, took possession of the last goods.

In order to exercise your right of revocation, you must inform us (Plug Solar- und Dronai Pro, Ltd, Ulonu 3, Vilnius, LT, info@plug.solar, telephone: +370 695 000 33 by means of a clear declaration (e.g. B. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, but this is not mandatory.

You can also electronically fill out and submit the sample revocation form or another clear declaration on our website https://plug.solar/withdrawal If you make use of this option, we will inform you immediately (e.g. B. by e-mail) send a confirmation of receipt of such a revocation.

To uphold the revocation period, it is sufficient that you send the communication concerning the exercise of the revocation right before the expiration of the revocation period.

Consequences of revocation

If you revoke this contract, we must reimburse all payments we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this repayment. We can refuse the refund 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 immediately and in any case at the latest within fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. We bear the costs of returning the goods, which can normally be returned by post. You bear the direct costs of returning the goods, which cannot normally be returned by post due to their nature. For goods that cannot be returned normally by post due to their nature, the costs are estimated at a maximum of about 80 EUR per package or 300 euros per pallet. You only have to pay for any loss in value of the goods if this loss in value is due to a handling that is not necessary to check the nature, characteristics and functioning of the goods. This regulation also applies if the goods have been taken over at our pick-up stations.

Additional information:

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

Contracts for the supply of goods that are not prefabricated and for the production 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 want to cancel the contract, please fill out this form and send it back.)

– To Plug Solar- und Dronai Pro, Ltd., info@plug.solar

– 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 the consumer (s) (only if notified on paper)

– Date

(*) Delete as appropriate.

Sample revocation form to fill out online

In addition, you have the option of declaring the revocation by filling out the online form: https://www.plug.solar/withdrawal

8. Warranty

8.1 The warranty is based on the statutory provisions

8.2 Claims of the buyer due to material defects become statute-barred one year from the handover/delivery of the object of purchase to the customer, insofar as it is a used item within the meaning of § 476 para. BGB acts.

9. Liability

9.1 Plug Solar is fully liable for intent and gross negligence.

9.2 Plug Solar is only liable for simple negligence – except in the event of injury to life, body or health – if essential contractual obligations (cardinal obligations) are violated. Liability is limited to the contract-typical and foreseeable damage.

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

9.4 Any further liability than in this contract is excluded – regardless of the legal nature of the asserted claim. However, the above limitations or exclusions of liability do not apply to a legally mandatory strict liability (e.g. B. according to the Product Liability Act) or liability from a guarantee independent of fault.
9.5 Insofar as liability under paragraphs 2 and 3 is excluded or limited, this also applies to the personal liability of the employees, employees, representatives, organs and vicarious agents of Plug Solar.

10. Choice of law/ jurisdiction

10.1 German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This choice of law applies to consumers only to the extent that 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 is the registered office of Plug Solar. The same applies to persons who do not have a general place of jurisdiction in Germany or persons who have moved their domicile or habitual residence outside Lithuania after the conclusion of the contract or whose domicile or habitual residence is not known at the time the action is brought.

II. Customer information

1. Identity of the seller

Plug Solar and Dronai Pro, Ltd.
Represented by the managing director
Ulonu 3, Vilnius
Lithuania

Phone: +370 695 000 33
Email: info@plug.solar

2. Reference to EU dispute resolution and 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 point of contact 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 participate in a dispute settlement procedure before a consumer arbitration board.

3. Information on the conclusion of the contract

The technical steps for concluding 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, contract text storage

4.1 The contract language is English.

4.2 For orders via our online shop, we store the contract text and send you the order data and our terms and conditions by e-mail. You can view the terms and conditions online at any time. You can view your past orders in our customer area under My Account –> My Orders.

5. Essential characteristics of the goods or services

The essential characteristics of the goods or services offered result from the item description, which is displayed when one of the products is called up in our shop.

6. Prices and payment methods

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

6.2 Insofar as shipping costs are incurred, these are not included in the purchase price. Additional delivery and shipping costs are specified separately in the respective product description or are shown separately during the ordering process and are to be borne by the customer in addition, unless free shipping is promised.

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

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

7. Delivery conditions

7.1 Delivery is made in accordance with section 5 of our General Terms and Conditions.

7.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment does 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 designated by the entrepreneur or a person otherwise designated to carry out the shipment.

7.3 If you are an entrepreneur, delivery and shipping is at your risk.

8. Statutory liability for defects for goods

8.1. There is a statutory liability for defects for all goods offered. Liability for defects for our goods is governed by section 8 of our general terms and conditions.

8.2. As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to inform us and the freight forwarder of complaints as soon as possible. If you do not comply with this, this will not affect your statutory warranty claims.

9. Notes on data protection

Information on data protection in our company can be found in our privacy policy.