General Terms & Conditions
1. Scope of application / conclusion of contract
The following Terms and Conditions of Business and Delivery shall apply to all delivery transactions of e-bility GmbH (hereinafter referred to as “e-bility”) with business entities (hereinafter referred to as “purchaser”). Any provisions to the contrary, in particular the purchaser’s terms and conditions of purchase, shall only become part of the contract if this is expressly agreed in writing or in text form (e.g. by e-mail or fax).
Offers by e-bility are subject to change. The contract shall only be deemed to be concluded upon receipt of confirmation of order by the purchaser or upon delivery of the goods to the customer.
2. Prices / shipping costs
Current product ranges and purchase conditions which are valid on the day the order is received apply.
Price changes to the prices stated in the purchase contract shall be permissible if e-bility changes the list price after conclusion of the contract. In this case, e-bility may adjust the purchase price in accordance with the change. This shall also apply mutatis mutandis to a change in the statutory rate of value-added tax. If the purchase price increases by more than 5%, the purchaser may withdraw from the contract by means of a declaration issued in text form within two weeks of receipt of e-bility’s notification of the price change.
Any shipping costs incurred are not included in the purchase price. These are listed separately and are to be borne additionally by the purchaser, unless free delivery has been agreed upon.
3. Reservation of right to make changes
e-bility reserves the right to make technical changes within the quality tolerance range as well as deviations common in commerce; in this connection, illustrations and descriptions may
deviate from the delivered goods.
4. Payment, packaging and shipping/transfer of risk
Packaging costs as well as the costs of any return of packaging material shall be borne by the purchaser.
e-bility shall be entitled to deliver upon advance payment. Invoices shall be payable immediately without deduction. A discount shall only be granted if and to the extent that such is part of e-bility’s offer. If e-bility grants a target discount, the details specified on the invoice shall apply. Any discount shall be calculated from the net invoice amount after deduction of any discount, freight charges and other costs.
If the goods are shipped to the customer, the risk of loss and deterioration shall pass to the customer when the goods are handed over to the carrier.
5. Default of acceptance and payment / suspension of payment / application for insolvency
If the purchaser is in default of acceptance or culpably breaches other duties to cooperate, e-bility shall be entitled to demand compensation for the damage incurred in this connection, including any additional expenses. The right is reserved to assert additional claims. e-bility may otherwise exercise its statutory rights. If e-bility claims damages, such damages shall amount to 15% of the gross purchase price in the case of new vehicles and 10% of the gross purchase price in the case of used vehicles. The compensation shall be set at a higher or lower amount if e-bility demonstrates greater damage or if the purchaser demonstrates that less damage or no damage at all has been incurred.
If the above conditions are met, the risk of accidental loss or accidental deterioration of the goods shall pass to the purchaser at the time when the purchaser comes into default of acceptance or debtor’s delay.
If the purchaser exceeds a set payment deadline, interest on arrears shall accrue at a rate of 9% above the respective base interest rate of the European Central Bank. Furthermore, a flat-rate default fee of € 40 shall be charged. e-bility reserves the right to claim additional damages caused by default; after default has occurred, e-bility shall be entitled to claim a flat-rate reimbursement of expenses in the amount of € 15.00 for each reminder.
6. Delivery and delivery time
Deliveries shall be effected ex works, unless otherwise agreed.
Deadlines and dates for deliveries and services pledged by e-bility shall always apply only approximately, unless a fixed deadline or date has been expressly pledged or agreed. If shipment has been agreed, delivery periods and dates shall refer to the time of handover to the forwarding agent, carrier or other third party commissioned with the transport.
e-bility may – without prejudice to its rights arising from default on the part of the purchaser – demand from the purchaser an extension of delivery and performance deadlines or a postponement of delivery and performance dates by the period during which the purchaser fails to fulfil its contractual obligations towards e-bility.
e-bility shall not be liable for impossibility of delivery or for delays in delivery insofar as these are caused by force majeure or other events that were not foreseeable at the time the contract was concluded (e.g. business shutdown due to a pandemic, operational disruptions of any kind, difficulties in procuring materials or energy, transport delays, strikes, lawful lockouts, shortages of labour, energy or raw materials, difficulties in procuring the necessary official permits, official measures or the non-delivery, incorrect delivery or late delivery by suppliers) for which e-bility is not responsible. Insofar as such events make it significantly more difficult or impossible for e-bility to provide the delivery or service and the hindrance is not only of temporary duration, but persists for a period of six months, e-bility shall be entitled to withdraw from the contract. In the event of hindrances of temporary duration, the delivery or service deadlines shall be extended or the delivery or service deadlines shall be postponed by the period of the hindrance plus a reasonable start-up period. Insofar as the purchaser cannot reasonably be expected to accept the delivery or service as a result of the delay, it may withdraw from the contract by immediately notifying e-bility in writing.
e-bility shall only be entitled to effect partial deliveries if the partial delivery is usable for the purchaser within the scope of the contractually intended purpose, delivery of the remaining goods ordered is ensured and the purchaser does not incur any significant additional expenses or costs as a result thereof (unless e-bility agrees to bear such costs).
If e-bility is in default with a delivery or service or if a delivery or service becomes impossible for it, irrespective of the reason, e-bility’s liability for damages shall be limited in accordance with section 8 of these General Terms and Conditions.
7. Notice of defects / warranty
The period of warranty is one year from delivery.
If the purchaser is a registered trader (Vollkaufmann), it shall be obliged to carefully inspect the goods immediately after delivery and to notify e-bility of any defects in writing without delay – at the latest within five days of delivery. The timely dispatch of the notification to e-bility shall be sufficient to meet the deadline. Otherwise, the goods shall also be deemed to have been accepted in view of this defect.
Complaints regarding a part of a consignment shall not entitle the customer to complain about the entire consignment.
e-bility shall not provide any warranty for defects resulting from improper handling of the goods (e.g. unauthorised opening of the devices) or modifications of hardware or software.
The Purchaser undertakes to inform its customers of the above-mentioned limitations of liability and to pass on these provisions accordingly by means of general terms and conditions, insofar as this is permissible.
If the goods are returned to e-bility due to an alleged defect, a precise description of the defect must be enclosed with the consignment. Furthermore, the goods including accessories (e.g. battery, charger) must be returned in proper and secure packaging.
Otherwise, e-bility shall be entitled to claim damages, to return the goods at the customer’s expense or to invoice the customer for the additional effort required for looking for the defect (troubleshooting). Any delays resulting from this infringement shall be borne by the purchaser or the party responsible for such.
During the warranty period, e-bility will provide the purchaser with any updates to the digital elements supplied that are necessary to maintain the contractual conformity of the delivered item.
Notwithstanding the above provisions and the following limitations of liability, e-bility shall be liable without limitation for damage to life, limb and health that is due to a negligent or intentional breach of duty by legal representatives or vicarious agents, as well as for damage that is covered by liability under the German Product Liability Act (Produkthaftungsgesetz), and for all damage that is due to intentional or grossly negligent breaches of contract and fraudulent intent on the part of legal representatives or vicarious agents. Insofar as a guarantee of quality and/or durability is issued with respect to the goods or parts thereof, e-bility shall also be liable within the scope of this guarantee. However, e-bility shall only be liable for damage that is based on the absence of the guaranteed quality or durability but does not occur directly on the goods if the risk of such damage is obviously covered by the guarantee of quality and durability.
e-bility shall also be liable for damage caused by simple negligence insofar as such negligence relates to the breach of contractual obligations, compliance with which is of particular importance for the achievement of the purpose of the contract (cardinal obligations). e-bility shall, however, only be liable insofar as the damage is typically associated with the contract and is foreseeable. Moreover, e-bility shall not be liable for simple negligent breaches of ancillary obligations that are not material to the contract. The limitations of liability contained in clauses 1 – 3 shall also apply to liability for legal representatives, executive employees and other vicarious agents.
Any additional liability is excluded regardless of the legal nature of the asserted claim. Insofar as liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.
9. Retention of title
All deliveries shall be effected under both simple and extended reservation of title, i.e. subject to extended and current account reservation. The goods delivered shall remain the property of e-bility until full payment of the purchase price and all other claims on the part of e-bility against the purchaser arising from the ongoing business relationship (in the case of payment by cheque or bill of exchange, until such claims are satisfied).
The purchaser shall be entitled to sell the goods or processed products in the ordinary course of business. The purchaser hereby assigns all its claims against the purchaser arising from the resale to e-bility as security.
The purchaser shall be authorised and obliged to collect the claims as long as e-bility does not revoke this authorisation. The authorisation of the purchaser to collect claims shall expire without express declaration being issued by e-bility if the purchaser discontinues effecting payments.
e-bility undertakes to release the security to which e-bility is entitled at the purchaser’s request insofar as its value exceeds the claims to be secured by more than 20%.
10. Right of retention / set-off
The assertion of rights of retention from other transactions, including the current business relationship, by the purchaser is excluded.
Offsetting on the part of the purchaser is excluded, unless the claim is undisputed or has been legally established by a court of law or government authority.
11. Final provisions
If the purchaser is a trader (Kaufmann), a legal entity under public law or a special fund under public law, the legal venue for all claims of the contracting parties shall be Frankfrut am Main. e-bility shall, however, also be entitled to take legal action against the purchaser at the purchaser’s general place of jurisdiction as e-bility sees fit.
Any and all covenants and agreements concluded by the parties for the purpose of executing this contract must be in text form. No verbal ancillary agreements have been concluded.
The contractual relationship shall be governed exclusively by German law – to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Should any of the above conditions be invalid, this shall not affect the validity of the remaining conditions.
The following General Terms and Conditions shall apply to all orders placed with e-bility GmbH (hereinafter referred to as: e-bility).
2. Conclusion of the contract
Offers are exclusively addressed to consumers (as laid down in § 13 of the German Civil Code (BGB)) who have reached the age of 18. Presentation of the goods in the shop shall not be deemed to constitute a binding offer by e-bility to conclude a purchase contract. The purchaser is merely invited to make an offer by placing an order.
By submitting the shop order, the purchaser is deemed to make a binding offer with the aim of concluding a purchase contract for the goods contained in the shopping basket. By submitting the order, the purchaser also accepts these Terms and Conditions as solely authoritative for the legal relationship with e-bility.
e-bility shall confirm receipt of the purchaser’s order by sending confirmation by e-mail. This confirmation of receipt of order shall not yet be deemed to constitute acceptance of the contractual offer by e-bility. Declaration of acceptance of the contractual offer shall be made by delivery of the goods or by an express declaration of acceptance by e-bility.
3. Prices and shipping costs
All prices include applicable statutory value-added tax and are subject to a flat-rate shipping charge plus any shipping surcharges stated for bulky goods.
Shipping surcharges may vary depending on the type of delivery and the nature of the item.
4. Delivery, payment, due date and default
The purchaser can pay for the items by prepayment or by using online payment methods (PayPal, Stripe).
e-bility reserves the right to exclude certain methods of payment in individual cases.
In the event of payment in advance, the purchaser shall transfer the full invoice amount to e-bility’s account within 5 calendar days of receipt of confirmation of order, stating the purpose of payment. In the case of goods in stock, e-bility reserves the object of purchase for a period of 5 calendar days. In the event of payment by online payment procedure (e.g. PayPal), the purchaser expressly authorises e-bility to collect the amounts due when the order is placed. Upon dispatch of the goods, the invoice shall be sent by e-mail to the billing address provided by the purchaser.
In the event that a delivery period specified in the online shop for goods in stock or a delivery period specified in the order for configured goods is not met by e-bility or e-bility is in default for any other reason, the purchaser shall generally only be entitled to cancel the purchase contract if it has set e-bility a reasonable grace period for performance and e-bility has allowed this grace period to expire without effecting performance. If the purchaser does not set a grace period, the purchaser shall be entitled to cancel the purchase contract if
- e-bility seriously, permanently and finally refuses performance.
- e-bility fails to effect performance by a delivery date expressly agreed as binding or within a period expressly agreed as binding, even though the purchaser notified e-bility prior to the conclusion of the contract that delivery on time or within the agreed period is of essential importance to the purchaser, or this becomes apparent due to other circumstances surrounding the conclusion of the contract, or
- special circumstances are present which justify immediate cancellation after weighing the interests of both parties.
In the event of delivery of an order to a location available for collection, e-bility shall notify the purchaser in text form (including by post or e-mail) as soon as the order is available for collection. The order shall be collected from the location selected by the purchaser within 10 days of receipt of the first notification for collection (hereinafter also referred to as the collection deadline). Compliance with the collection deadline is of essential importance to e-bility due to limited warehousing capacities and in order to minimise warehousing costs. e-bility therefore reserves the right to cancel the purchase contract if the purchaser fails to meet the collection deadline. Should e-bility cancel the purchase contract, the purchaser shall receive a credit note for the purchase price paid in the form of the original payment, unless the purchaser has financed the purchase price via a payment service. In the latter case, the reversal shall take place directly with the payment service used. e-bility may furthermore make use of its statutory rights. If e-bility claims damages, such damages shall amount to 15% of the gross purchase price in the case of new vehicles and 10% of the gross purchase price in the case of used vehicles. The compensation shall be set at a higher or lower amount if e-bility demonstrates that there has been greater damage or if the purchaser demonstrates that there has been less damage or no damage at all.
All periods specified by e-bility for dispatch of the goods shall commence
- on the day of receipt of the full purchase price (including VAT and shipping costs) if delivery against advance payment has been agreed, or
- on the day of the conclusion of the purchase contract if payment on account has been agreed.
The date on which e-bility hands over the goods to the shipping company or date of notification of the purchaser shall apply in determining the shipping date.
If no delivery period is specified or otherwise agreed in the online shop for goods, the delivery period shall be 6-8 weeks.
5. Retention of title
The object of purchase delivered to the purchaser shall remain the property of e-bility until payment has been effected in full.
6. Right to claim for defects
In the event the delivered object of purchase is defective, the purchaser shall be entitled to statutory rights within the framework of the warranty/liability for defects detached from any warranty. The statutory warranty claims of the purchaser shall not be limited by a warranty. However, the special provisions of § 7 shall apply to purchaser’s claims for damages.
Unless the information contained in brochures, advertisements and other offer-related documents of e-bility has been expressly designated as binding, the illustrations or drawings contained therein shall only be deemed to be approximate.
Insofar as the delivered item does not display the quality agreed with the purchaser or it is not suitable for the use presumed under the contract or for use in general or it does not have the properties that the purchaser could expect according to public statements made by e-bility, e-bility shall be obliged to render subsequent performance (Nacherfüllung). This shall not apply if e-bility is entitled to refuse subsequent performance on the basis of statutory provisions.
The purchaser shall initially have the choice as to whether subsequent performance is to be rendered by way of rectification (Nachbesserung) or replacement delivery (Ersatzlieferung). e-bility shall, however, be entitled to refuse the type of subsequent performance chosen by the purchaser if such is only possible at disproportionate cost and the other type of subsequent performance is without significant disadvantages for the purchaser. During subsequent performance, reduction of the purchase price or cancellation of the contract by the purchaser are excluded. Rectification shall be deemed to have failed upon the second unsuccessful attempt, unless such emanates in particular from the type of item or defect or other circumstances. If subsequent performance has failed or is refused altogether, the purchaser may, as it sees fit, demand a reduction of the purchase price or declare that it is cancelling the contract.
The purchaser may only assert claims for damages for a defect under the following conditions if subsequent performance has failed or is refused. This shall not affect the purchaser’s right to assert additional claims for damages under the following conditions.
The warranty period is two years for newly manufactured goods. This period is to commence with the transfer of risk, and is one year for used goods. This period shall also apply to claims for compensation for consequential harm caused by a defect, insofar as no claims in tort are asserted.
During the warranty period, e-bility will provide the purchaser with any updates to the digital elements supplied that are necessary to maintain the contractual conformity of the delivered item.
7. Limitation of liability
Notwithstanding the above provisions and the following limitations of liability, e-bility shall be liable without limitation for damage to life, limb and health caused by a negligent or intentional breach of duty on the part of legal representatives or vicarious agents, as well as for damage covered by liability under the German Product Liability Act (Produkthaftungsgesetz), and for all damage caused by intentional or grossly negligent breaches of contract and fraudulent intent on the part of legal representatives or vicarious agents. Insofar as a guarantee of quality and/or durability has been issued with regard to the goods or parts thereof, e-bility shall also be liable within the scope of such guarantee. However, e-bility shall only be liable for damage that is due to the absence of the guaranteed quality or durability but does not occur directly on the goods if the risk of such damage is obviously covered by the guarantee of quality and durability.
e-bility shall also be liable for damage caused by simple negligence insofar as such negligence relates to the breach of contractual obligations, compliance with which is of particular importance for the achievement of the purpose of the contract (cardinal obligations). e-bility shall, however, only be liable insofar as the damage is typically associated with the contract and is foreseeable. Moreover, e-bility shall not be liable for simple negligent breaches of ancillary obligations that are not material to the contract. The limitations of liability contained in clauses 1 – 3 shall also apply with regard to the liability of the legal representatives, executive employees and other vicarious agents.
Any further liability is excluded regardless of the legal nature of the asserted claim. Insofar as liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.
8. Cancellation policy
When concluding a distance-selling transaction, consumers generally have a statutory right of cancellation, which we provide information about in the following in accordance with the statutory model. Exceptions to the right of cancellation are laid down in section (2.). Here you find a model cancellation form.
- Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason. The period of cancellation is fourteen days from the day on which you or a third party named by you which is not the carrier have taken or has taken possession of the goods.
Unless agreed otherwise by the parties, the right of cancellation does not apply to the following contracts:
Contracts for the supply of goods which 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.
- Exercise of the cancellation
To exercise your right of cancellation, you must send us,
(Note: Please note the different return address for the goods shipment stated under (4.).
Fax: +49 (0) 2642 999 80-2999
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract.
You can use the attached cancellation form for this purpose, but this is not mandatory.
To comply with the cancellation period, it is sufficient that you send us notification of the exercise of the right of cancellation before the end of the cancellation period.
- Consequences of cancellation
- Standard shipping goods
If you cancel this contract, we must repay 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 type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless anything is expressly agreed otherwise with you; in no case shall you be charged for this repayment. We may refuse to effect a repayment until we have received the item(s) back or until you have provided proof that you have returned the item(s), whichever is earlier.
You must return or hand over the product(s) (in the case of product sets: all components of the product set) immediately and in any case no later than within a fourteen-day period from the day on which you notify us of the cancellation of this contract at the following address:
You shall bear the direct costs of returning the goods.
Please notify us of the return and we shall initiate the process. Please refrain from returns carriage forward (C/F).
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 testing the quality, features and functioning of the goods.
- Forwarding goods
If you cancel this contract, we must repay 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 type of delivery other than the cheapest standard delivery offered by us) without delay and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we shall use the same means of payment that you used for the original transaction, unless expressly agreed upon otherwise with you; in no case shall you be charged for this repayment.
We shall collect the goods. You shall bear the direct costs of returning the goods.
The direct costs of return shipment within the European Union are estimated at a maximum of approximately € 299 for each such item with regard to such goods which, due to their nature, cannot be returned to us normally by post (forwarding goods).
You only have to pay for any loss in value of the goods if such loss in value is due to your handling the goods in such a manner that is not necessary for testing the quality, characteristics and functioning of the goods.
End of the cancellation policy.
- Standard shipping goods
9. Final provisions
German law shall apply to the contractual relations between e-bility and the purchaser. Application of the UN Convention on Contracts for the International Sale of Goods is excluded. This choice of law shall only apply vis-à-vis the purchaser to the extent that such does not restrict any mandatory statutory provisions of the country in which the purchaser is domiciled or has their regular place of residence.
e-bility GmbH is neither obliged to participate in alternative dispute resolution proceedings before a consumer arbitration board nor does e-bility GmbH participate in such proceedings.
If you wish to cancel the contract, please complete and return this form.
Diesel Street 28
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 consumer(s)
Signature of the consumer(s) (only in case of paper communication)
(*) Delete as applicable