Emonio Service

Terms of Service

             Stand: August 2018

1. Scope

1.1 For the business relationship between B.E.I. Berliner Energieinstitut GmbH and the customer are exclusively subject to the following General Terms and Conditions in the version valid at the time the order is placed. We do not recognize and contradict any purchasing terms and conditions of the customer that conflict with or deviate from our General Terms and Conditions. Product name and logo may not be used without permission. Product images are exemplary images and may differ from the delivered products.

2. Conclusion of Contract

2.1 The presentation of goods in the online shop does not constitute a legally binding offer to conclude a purchase contract. This is a non-binding invitation to order goods in the online shop.

By clicking the "Buy now" button, you make a binding purchase offer for the goods in the shopping cart.

Immediately after receipt of the purchase offer, you will receive an automatically generated e-mail in which we confirm that we have received your order (order confirmation). This order confirmation does not represent acceptance of your purchase offer. A contract is not yet concluded through the order confirmation.

A purchase contract for the goods is only concluded if we expressly declare acceptance of the purchase offer by e-mail (order confirmation) or if we send the goods to you within ten days.

2.2 Contract language in Germany is German, in other countries German or English.

3. Prices

3.1 The prices in the online shop at the time of the order apply to the delivery. The prices include statutory VAT. In the event of an increase in VAT, the B.E.I. Berliner Energieinstitut GmbH is obliged to charge the applicable VAT rate.

3.2 All prices do not include shipping costs. The shipping costs are determined in the online shop depending on the weight of the parcels and the country of destination. The shipping flat rates per country and weight are listed online under: Delivery.

3.3 In addition to the individual net price/total net price, the applicable VAT or VAT rate is listed on invoices.

3.4 Promotional offers in our shop may be limited in time or quantity. Details can be found in the product description.

4. Terms of Payment

4.1 Payment methods:

With the payment method payment by bank transfer, your account will be debited at the time of your transfer. With the selected payment methods PayPal and credit card, the charge is made at the time of the order.

4.2 Late Payment

The general statutory regulations on default in payment apply.

5. Consumer‘s Right of Withdrawal

Consumers have a statutory right of withdrawal.

5.1 Cancellation policy

right of withdrawal

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

The cancellation 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 goods.

In order to exercise your right of withdrawal, you must send us (B.E.I. Berliner Energieinstitut GmbH, Zionskirchstr. 13, 10119 Berlin, Tel.: +49 (0)30 52281575, email: support@berliner-energieinstitut.de) a clear statement (e.g e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract.

To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. The repayment is made by bank transfer.

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

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.

You also bear the direct costs of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

End of revocation

5.2 The right of withdrawal applies to all EU countries

5.3 In non-EU countries, e.g. Switzerland, we calculate the special costs for customs clearance of the return.

6. Ability to deliver

If the ordered goods are not available at the time the order is placed, B.E.I. Berliner Energieinstitut GmbH will inform you immediately and will not accept the order for the goods, so that no contract will be formed. Any payments already made will be refunded immediately.

If part of the order cannot be delivered immediately because the B.E.I. Berliner Energieinstitut GmbH has not been supplied on time through no fault of its own, although congruent orders have been placed with reliable suppliers, the remaining goods will be delivered subsequently without the transport flat rate being charged again, insofar as this is reasonable for the buyer.

7. Retention of Title

The goods remain the property of B.E.I. Berliner Energieinstitut GmbH.

8. Warranty

8.1 Consumers within the meaning of § 13 BGB are entitled to the statutory warranty claims.

8.2 In the case of contracts with entrepreneurs within the meaning of § 14 BGB, the warranty period is one year from delivery. This period does not apply to claims for damages by the buyer resulting from injury to life, limb or health or from intentional or grossly negligent breaches of duty by the seller or his vicarious agents, which are time-barred in accordance with the statutory provisions.

9. Liability

9.1 The B.E.I. Berliner Energieinstitut GmbH is not liable for slightly negligent breaches of duty, provided these do not relate to essential contractual obligations or damage resulting from injury to life, limb or health or claims under the Product Liability Act. The B.E.I. In these cases, Berliner Energieinstitut GmbH is only liable for damage that is based on fraudulent concealment of the defect or if B.E.I. Berliner Energieinstitut GmbH has given a guarantee for the quality of the goods.
9.2 If the B.E.I. Berliner Energieinstitut GmbH is also liable for slight negligence, the amount of liability is limited to typical, foreseeable damage.

9.3 If the liability of B.E.I. Berliner Energieinstitut GmbH is excluded or limited, this also applies to the liability of legal representatives, employees and vicarious agents of B.E.I. Berliner Energieinstitut GmbH.

10. Various

10.1 If you as a customer are an entrepreneur within the meaning of § 14 BGB, the place of performance for all mutual services owed under the contract is Berlin.

10.2 Orders that have been submitted more than once – for whatever reason – must be clearly marked, otherwise the services will be carried out repeatedly. In such cases, we will not bear any costs.

10.3 Only the contractual partner of B.E.I. Berlin Energy Institute GmbH. This also applies to bulk orders.

10.4 If individual provisions of these General Terms and Conditions are not legally effective in whole or in part, the validity of these General Terms and Conditions remains unaffected.

11. Applicable Law and Jurisdiction

11.1 German law applies to the exclusion of the UN Sales Convention.

11.2 The exclusive place of jurisdiction is Berlin.

11.3 If you, the customer, are acting as a private individual and entering into the contract, the provisions of clauses 11.1 and 11.2 shall be without prejudice to mandatory statutory provisions of the country in which you have your habitual residence and from where you entered into the contract.