§ 1 Scope, definitions
1.1
These terms and conditions apply to all your orders placed with us, Voltus GmbH, Loog 7, 23611 Bad Schwartau, hereinafter referred to as “Voltus” or “we” / “us”, which are placed by you as a consumer or as an entrepreneur via our internet portals or in any other form. In the case of orders placed by consumers outside our online shop, in particular in the case of telephone orders, these GTC only become part of the contract if we have provided you with the specifically incorporated version of these GTC in text form before you submit your contractual declaration. The version transmitted to you before conclusion of the contract is authoritative. In business dealings with you as an entrepreneur, these GTC are incorporated for the ongoing business relationship upon your first order and then also apply to all subsequent orders. These General Terms and Conditions apply exclusively. Your GTC only apply insofar as we have expressly agreed to them in text form. We hereby object in advance to the incorporation of your general terms and conditions that contradict our GTC. In relation to entrepreneurs, our GTC also apply if we render performance to you without reservation in the knowledge of your conditions that conflict with or deviate from these GTC.
1.2
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity, § 13 BGB. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity, § 14(1) BGB. A partnership with legal capacity is a partnership that is endowed with the capacity to acquire rights and to incur liabilities, § 14(2) BGB.
§ 2 Conclusion of contract
2.1
The presentation of the products in the shop does not constitute a binding offer on our part, but a non-binding product presentation. To place an order in our Voltus web shop, you must:
1) place items in the basket;
2) select and enter login, billing and delivery address;
3) select shipping method and payment method;
4) confirm the accuracy of your details on the review page;
5) at the end, click the button “Order now”.
The ordering process and the conclusion of the contract take place exclusively in the English language. By clicking the button “Order now” you submit a binding order for the goods contained in the basket. We will promptly confirm receipt of your order by e-mail in the form of an automated order confirmation e-mail. Your order constitutes an offer to us to conclude a contract. You are bound by your offer for 5 days. Within this period, we may declare acceptance of your offer. Acceptance of your offer generally takes place through delivery of the goods or, exceptionally, by our bindingly confirming the order to you in text form in another manner - for example by means of an express order acknowledgement by e-mail -; the automatic order receipt confirmation e-mail, which merely confirms receipt of your order, does not constitute a declaration of acceptance on our part within the aforementioned meaning. Delivery takes place within the period during which you are bound by your offer, i.e. within 5 days. Should delivery exceptionally take place only after expiry of 5 days, you are no longer bound by your order. The delivery of the goods taking place after expiry of 5 days then constitutes a new offer on our part to conclude a contract; you can then accept this offer expressly or by conclusive conduct (in particular by 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 the payment method, you will, in deviation from § 2.1, receive from us after completion of the ordering process, in addition to the automated order confirmation e-mail, a declaration of acceptance by which the contract is then validly concluded. This declaration of acceptance also contains the invoice amount to be transferred by you, the specified payment date and our bank account details. As soon as payment has been received and booked by us, the goods will be dispatched promptly. If payment is not made by the specified payment date, we are entitled vis-à-vis you to rescind the contract without further reminder.
2.3
The contract text is not stored by us. You can print it out before submitting the order. The specific order data are stored by us but, for security reasons, cannot be accessed via the internet.
2.4
An order can also be placed by telephone or by fax. In the case of a telephone order by consumers, we will provide you with the specifically incorporated version of these GTC as well as the legally required consumer information in text form before conclusion of the contract. In this case, the contract is only concluded when we accept your offer in accordance with these GTC or you accept an offer transmitted by us in text form.
In the case of orders by fax, the specifically incorporated version of these GTC will be transmitted to you in text form together with the information relevant to the contract.
2.5
If you as the orderer are an entrepreneur, we will, subject to a deviating agreement in the individual case, initially conclude a preliminary contract with you in accordance with § 2.1. We are then initially only obliged to endeavour to ensure sufficient supply and, if necessary, to contact our suppliers. You as an entrepreneur are initially only obliged to notify us at least three days in advance, and at least in text form, that you are abandoning your willingness to conclude the (future) contract. The preliminary contract has a binding effect for two weeks. If we make the goods available or deliver them within the two-week period and your declaration pursuant to sentence 3 has not been received by us at that time, the main contract is concluded automatically.
2.6
Should we accept your offer on modified terms (e.g. at a different price), our acceptance is to be understood as an offer to conclude a modified contract (§ 150(2) BGB). We will notify you of the modified offer in text form without undue delay after your order. In this case, you as a consumer have the option of accepting the offer within 14 days expressly or by conclusive conduct (in particular by acts of appropriation or use) or by e-mail. In this respect, we waive receipt of your declaration of acceptance (§ 151 BGB). If you as an entrepreneur are independently professionally active in the market on a larger scale and you do not object to the modified declaration of offer relating to the agreement reached within 3 days of its receipt, the offer is deemed accepted, unless, due to a significant deviation from the original order, we could not expect your acceptance of the modified offer.
2.7
If our order confirmation, order acknowledgement or other contractual declaration contains obvious typing, printing, calculation or transmission errors or other obviously incorrect information about the price or the quality of the product, our statutory rights, in particular on grounds of mistake, remain unaffected. In this case, we will inform you of the error without undue delay.
If you are a consumer, we are liable without restriction for all statements on quality within the meaning of § 434(3) sentence 1 no. 2(b) BGB; in particular, you as a consumer may rely on the accuracy of the product information provided on our websites.
§ 3 Non-availability of performance
3.1
Every offer is subject to the reservation of self-supply; if the ordered goods are not available because, in a manner not foreseeable at the time of conclusion of the contract and through no fault of our own, we are not supplied by our supplier, we have the right to release ourselves from the contract. In this case, we will inform you without undue delay that delivery is not possible and will refund to you without undue delay any purchase price already paid. Vis-à-vis you as a consumer, this right only exists if we have concluded a specific covering transaction and were unexpectedly not supplied by our supplier.
3.2
Liability for damages due to non-performance is excluded, provided that we have acted neither with gross negligence nor intentionally with regard to the lack of availability; any liability for pre-contractual fault (c.i.c.) remains unaffected. In the event of a delivery of wrong goods within the meaning of § 434(5) BGB, you as a consumer are entitled without restriction to the rights prescribed by law.
§ 4 Prices and shipping costs
4.1
The prices shown are final prices including the respectively applicable statutory VAT, insofar as VAT is incurred.
4.2
We deliver to the countries offered by us in the respective ordering process. Whether delivery to the country of delivery desired by you is possible will be displayed to you during the ordering process.
We charge shipping costs for shipping. The amount thereof is based on the respectively valid shipping cost table and will be displayed to you before the order is submitted.
In the case of deliveries to non-EU countries, customs duties, taxes, fees and other import charges may additionally be incurred which are not included in the prices or shipping costs stated by us and which are to be borne by you, unless we have expressly agreed otherwise.
A detailed overview of our current shipping costs for parcels, express shipping, freight forwarding and bulky goods can be found here:
www.voltus.com/en/shipping-costs/
§ 5 Payment, due date and default
5.1
The purchase price for the goods and their shipping is due immediately upon conclusion of the contract, unless otherwise provided below. The payment methods available for your order will be displayed to you in the ordering process. These may depend in particular on the country of delivery and on the payment service providers available for that country of delivery. Where payment is processed via a payment service provider, its terms and conditions, which can be viewed in the ordering process, apply additionally. Purchase on invoice, instalment purchase and direct debit (e.g. via Klarna, Riverty, etc.) are subject to a credit check. Should this be negative, we reserve the right to refuse these payment methods. Further information on our credit check is available here.
The period for payment in the case of purchase on invoice is based on the payment period communicated in the ordering process or in the invoice. The general terms and conditions of the respective payment service provider (e.g. Klarna AB or Riverty) apply to the payment methods “Purchase on invoice” and “Instalment purchase”.
5.2
By providing your credit card number, account number or other payment details in the order, you authorise us or the payment service provider to collect the purchase price amount (including any shipping costs) from the specified account or credit card account upon conclusion of the contract or at the agreed time. The terms and conditions of the respective payment service provider, e.g. Klarna, Riverty or Mollie, apply to the collection.
Any bank charges resulting from a failure of the payment transfer due to insufficient funds in the account are to be borne by you. If you consent to the direct debit procedure, the amount will be debited by us or the payment service provider after delivery and invoicing. No prior check is made as to whether the goods are in stock.
5.3
Payment via PayPal is only possible up to a goods value of EUR 4,999.00.
5.4
Even where you have selected a different payment method, we may make delivery of the goods dependent on an obligation to perform in advance (prepayment) if there is an objectively justified reason for this (e.g. if we receive a negative credit report on you or if there have already been payment difficulties with you) and we have, in particular by securing the counter-performance to be rendered, taken sufficient account of your legitimate customer interests.
The conclusion of the contract is then governed by the provisions of § 2.2 of these GTC.
5.5
Without prejudice to the preceding provisions, payment of the purchase price in full is due upon delivery. You will be in default 10 days after delivery without any further declaration by us, insofar as you have not paid. In the event of defects, you are not entitled to a right of retention insofar as the amount withheld is not in reasonable proportion to the defects and the anticipated costs of non-performance (in particular of remedying the defects). Partial deliveries are permitted, but only under the strict condition that acceptance can also reasonably be expected of you upon a sensible assessment of our situation and of your interests worthy of protection; the purchase price for the partial delivery then becomes due proportionately. An invoice is enclosed with the delivery of the goods. The invoice amount is to be paid in one sum.
Insofar as default should not yet exist, you will also automatically be in default of payment after expiry of 30 days from proper receipt of the goods together with the invoice (§ 286(3) BGB); vis-à-vis you as a consumer, this only applies if a corresponding warning notice is given in the respective invoice. The statutory provisions apply with regard to the consequences of your default in payment.
5.6
In the event of default in payment, we are entitled to rescind the contract after fruitless expiry of a deadline. Setting a deadline is dispensable if you definitively refuse performance or if you do not effect performance on a specific date or within a specific period and we have made our interest in performance contingent on the timeliness of performance. Special circumstances which, taking into account the interests of both parties, justify rescission may also be asserted.
5.7
During default in payment, you are liable for any negligence and for the accidental loss of the item made available by us or already delivered (§ 287 BGB). If you do not accept the properly offered goods – without exercising any right of withdrawal in the case of a consumer goods purchase – you owe, in the event of default in acceptance, the additional expenses incurred and necessary, in particular additional transport, delivery, return or storage costs, insofar as these have actually been incurred in the individual case (§ 304 BGB).
From the time of default in acceptance, we are no longer responsible for simply negligent conduct (§ 300 BGB). If you seriously and definitively refuse acceptance without justification, we may rescind the contract and claim damages in accordance with the statutory provisions.
§ 6 Set-off, assignment and right of retention
6.1
You are only entitled to a right of set-off if your counterclaim has been finally and bindingly established, is undisputed or acknowledged by us, or is in a close synallagmatic relationship to our claim.
6.2
You are authorised to exercise a right of retention insofar as your counterclaim is based on the same contractual relationship.
§ 7 Delivery and duty to give notice of defects
7.1
Delivery is made to the delivery address specified by you. If you are an entrepreneur, the risk passes upon delivery of the item to the forwarding agent or to any other person designated to carry out the shipment (§ 447 BGB). If you are a consumer, the risk of accidental loss and accidental deterioration only passes upon delivery of the item to the forwarding agent or to any other person designated to carry out the shipment if you have commissioned the forwarding agent, the carrier or the other person or institution designated to carry out the shipment with its execution and we have not previously named this person or institution to you. Otherwise, the risk only passes to you upon handover of the item to you or from the time of your default in acceptance (§ 474(2) BGB).
7.2
We endeavour to deliver the goods as quickly as possible; delivery periods are generally subject to the reservation of timely and sufficient self-supply in accordance with § 3.1. Subject to the priority of a demonstrable individual agreement, in case of doubt only delivery dates agreed in text form are deemed binding. If the goods are not in stock in our shop and are marked as “Ordered on request”, we will order the goods for you without undue delay. The delivery time stated in the respective offer applies.
7.3
You are obliged to inspect the goods for quality and quantity without undue delay after delivery. If you are a consumer, your rights under §§ 434 et seq. BGB are not restricted in the event of a breach of this duty; however, the breach of this duty may in the individual case give rise to contributory fault on your part pursuant to § 254 BGB. If you are an entrepreneur, you are obliged to give notice of obvious defects without undue delay after delivery of the goods and of hidden defects without undue delay after their discovery or after the objective possibility of their discovery. The applicability of § 377 HGB remains unaffected.
7.4
If you are an entrepreneur, there is the possibility, subject to a corresponding arrangement with us, of direct delivery of the goods to your customer. If these customers are consumers, they are likewise deemed, in the contractual relationship between us and you as an entrepreneur, to be your representatives authorised to receive the goods; in particular, your customers are then subject to the obligations arising from your duty to give notice of defects pursuant to
§ 7.3. The rights of the consumer vis-à-vis their respective contractual partner remain unaffected by this provision.
7.5
In appropriate cases, we are entitled to have the ordered goods delivered to you directly by a supplier or logistics partner commissioned by us (drop shipment). This does not affect our contractual relationship with you; in particular, we remain your sole contractual partner for your statutory and contractual rights, in particular in connection with withdrawal, warranty and other customer claims.
In this case, the shipment may be made under the name of or with the shipping documents of the commissioned supplier or logistics partner. Insofar as necessary for carrying out the delivery, the latter may contact you to arrange a delivery date or regarding delivery details.
§ 8 Retention of title
8.1
The delivered goods remain our property until full payment of the purchase price.
As long as ownership has not yet passed to you, you are obliged to treat the goods with care. You must notify us in text form without undue delay if the delivered item is seized or subjected to other interventions by third parties.
In the event of conduct in breach of contract, in particular in the event of default in payment, we are entitled, in accordance with the statutory provisions, to demand return of the goods subject to retention of title after rescinding the contract. Further statutory claims remain unaffected.
8.2
If you are an entrepreneur within the meaning of § 14 BGB, the delivery item remains our property in accordance with the following provisions until all claims to which we are entitled vis-à-vis you have been satisfied. If you are an entrepreneur within the meaning of § 14 BGB, the following applies additionally:
8.2.1
You are permitted to process or transform the delivery item (“processing”). However, the processing is then carried out for us. If, however, the value of the delivery item belonging to us is lower than the value of the goods not belonging to us and / or of the processing, 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 of the processing at the time of processing. Insofar as we do not acquire ownership of the new goods in accordance with the foregoing, 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 preceding sentence applies accordingly in the event of inseparable mixing or combination of the delivery item with goods not belonging to us. Insofar as we thereby acquire ownership or co-ownership, you are obliged to keep the goods in safe custody for us with the care of a prudent merchant.
8.2.2
In the event of sale of the delivery item or of the new goods, you hereby assign to us by way of security your claims against your purchaser arising from the resale, together with all ancillary rights, without the need for any further special declarations; we accept this assignment. The assignment includes any balance claims. However, the assignment only applies in the amount corresponding to the price of the delivery item invoiced by us. The portion of the claim assigned to us is to be satisfied with priority.
8.2.3
If you combine the delivery item or the new goods with real property, you also assign, without the need for any further special declarations, your claims to which you are entitled as remuneration for the combination, in the amount corresponding to the price of the delivery item invoiced by us.
8.2.4
Until revoked, you are authorised to collect the claims assigned to us. You are obliged to forward to us without undue delay payments made on the assigned claims up to the amount of the secured claim. In the event of legitimate interests, in particular in the event of default in payment, suspension of payments, opening of insolvency proceedings, protest of a bill of exchange or justified indications of over-indebtedness or impending insolvency on your part, we are entitled to revoke your authority to collect. In addition, after prior warning and subject to a reasonable period, we may disclose the security assignment,
realise the assigned claims and demand disclosure of the security assignment by
you to your purchasers.
8.2.5
Upon prima facie showing of a legitimate interest, you must provide us with the information required to assert our rights against your purchasers and hand over the required documents.
8.2.6
For the duration of the retention of title, you are prohibited from pledging or transferring by way of security. In the event of seizures, confiscation or other dispositions or interventions by third parties, you must notify us without undue delay. Resale of the delivery item or of the new goods is only permitted to resellers in the ordinary course of business and only on the condition that payment of the equivalent value of the delivery item is made to you. You must also agree with the purchaser that the purchaser only acquires ownership upon such payment.
8.2.7
Insofar as the realisable 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 conditions of the preceding 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 are entitled to choose between different security rights when releasing them.
8.2.8
In the event of a breach of your obligations, in particular in the event of default in payment, we are entitled, even without setting a deadline, to demand return of the delivery item or of the new goods and / or – if necessary after setting a deadline – to rescind the contract; you are obliged to return them.
The demand for return of the delivery item / the new goods does not constitute a declaration of rescission on our part unless this is expressly declared.
§ 9 Right of withdrawal for consumer contracts
9.1 Right of withdrawal – General / eCommerce
START OF THE INSTRUCTIONS ON WITHDRAWAL
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period will expire fourteen days after the day on which you, or a third party indicated by you who is not the carrier, acquires physical possession of the goods.
To exercise your right of withdrawal, you must inform us,
Voltus GmbH
represented by its managing directors Michael Möller and Dirk Löding
Loog 7
23611 Bad Schwartau
Germany
E-mail: info@voltus.de
Tel.: +49 451 989 030
Fax: +49 451 989 03-399
of your decision to withdraw from this contract by an unequivocal statement, for example by a letter sent by post, fax or e-mail.
You may use our model withdrawal form, but this is not obligatory.
You may also exercise your right of withdrawal online at https://www.voltus.com/index.php?cl=ecs_widerruf. If you use this online function, we will send you an acknowledgement of receipt of your withdrawal on a durable medium, for example by e-mail, without undue delay. The acknowledgement will include the content of your withdrawal as well as the date and time on which it was submitted.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we will reimburse all payments received from you, including the costs of delivery, except for any additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us. We will make the reimbursement without undue delay and no later than fourteen days after the day on which we are informed of your decision to withdraw from this contract.
We will make the reimbursement using the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. In any event, you will not incur any fees as a result of the reimbursement.
We may withhold reimbursement until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever occurs first.
You must send back or hand over the goods to us without undue delay and in any event no later than fourteen days after the day on which you inform us of your withdrawal from this contract. The deadline is met if you send the goods back before the fourteen-day period has expired.
You bear the direct costs of returning the goods.
For goods which, due to their nature, cannot normally be returned by post, you also bear the direct costs of returning the goods. The amount of these costs will be communicated to you separately in the relevant offer, during the ordering process or in our shipping cost information. Where these costs cannot reasonably be calculated in advance, we will inform you accordingly before the contract is concluded.
You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
END OF THE INSTRUCTIONS ON WITHDRAWAL
9.2
Obligation to bear return costs in the event of withdrawal
You must bear the direct costs of the return. For goods which, due to their nature, cannot normally be returned by post, you also bear the direct costs of the return. The amount of these costs will be communicated to you separately in the relevant offer, in the ordering process or in our shipping cost information. Insofar as the costs cannot reasonably be calculated in advance, we will inform you of this separately before the contract is concluded.
9.3
Pursuant to § 312g BGB, a right of withdrawal does not exist, inter alia, for the following contracts:
9.3.1
Contracts for the supply of goods which 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,
9.3.2
Contracts for the supply of goods which are liable to deteriorate rapidly or whose expiry date would be rapidly exceeded,
9.3.3
Contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery,
9.3.4
Contracts for the supply 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 at the time of conclusion of the contract, but which can be delivered at the earliest 30 days after conclusion of the contract and the current value of which 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 supply of newspapers, periodicals or magazines, with the exception of subscription contracts,
9.3.8
Contracts for the supply of goods or for 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 in connection with shares, with units in open-ended investment funds within the meaning of § 1(4) of the Kapitalanlagegesetzbuch (German Capital Investment Code) and with other tradable securities, foreign currency, derivatives or money market instruments,
9.3.9
Contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, carriage of goods, motor vehicle rental, supply of food and beverages and for the provision of other services in connection with leisure activities, if the contract provides for a specific date or period for performance,
9.3.10
Contracts concluded in the context of a form of marketing in which the entrepreneur offers goods or services to consumers who are present in person or who are granted this possibility, in a transparent procedure conducted by the auctioneer and based on competing bids, in which the bidder who is awarded the bid is obliged to purchase the goods or services (publicly accessible auction),
9.3.11
Contracts in which the consumer has expressly requested the entrepreneur to visit them in order to carry out urgent repair or maintenance work; this does not apply with regard to further services provided during the visit which the consumer has not expressly requested, or with regard to goods supplied during the visit which are not strictly 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 their contractual declaration by telephone or the contract was concluded outside business premises, and
9.3.13
notarially recorded contracts; for distance contracts concerning financial services, this only applies if the notary confirms that the rights of the consumer under § 312d(2) are safeguarded.
9.4
In addition to your statutory right of withdrawal, you can, under the following conditions, return the goods delivered by us within 30 days (beginning on the day after receipt of the goods) to Voltus GmbH, Loog 7, 23611 Bad Schwartau. You must bear the costs of the return.
Conditions for our voluntary 30-day right of return:
The goods must not show any signs of use and must arrive with us complete and in their original packaging within the 30-day period. The voluntary right of return does not apply to contracts for the supply of goods which are not prefabricated and for the production of which 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 naturally remain unaffected by this!
Until your statutory right of withdrawal has expired, only the conditions stated in the instructions on withdrawal apply.
9.5
To make returning goods easier for you, we currently offer a returns label service for returns from Germany. This service is currently not available for returns from other countries. The use of a returns label provided by us is not a prerequisite for the effective exercise of your statutory right of withdrawal and does not restrict the rights to which you are entitled.
§ 10 Warranty
10.1
If you are a consumer, - subject to the liability agreement pursuant to § 12 - the statutory provisions (§§ 434 et seq., 474 et seq. BGB) apply.
10.2
We will initially, at our own expense, replace a product that was already defective upon delivery (warranty case) with an equivalent product or have it repaired professionally (at your choice) (§ 439(1) BGB). We may refuse the type of supplementary performance chosen by you, without prejudice to § 275(2) and (3) BGB, if it is only possible at disproportionate cost. In this respect, particular account must be taken of the value of the item in a defect-free condition, the significance of the defect and the question of whether recourse could be had to the other type of supplementary performance without significant disadvantages for you. In this case, your claim is limited to the other type of supplementary performance; our right to refuse this type of supplementary performance as well under the conditions of sentence 2 remains unaffected (§ 439(4) BGB). If the statutory requirements are met, you have – subject to the limitation of liability pursuant to § 12 – the further rights under § 437 nos. 1-3 BGB.
In particular, there is no warranty case in the following cases:
- in the case of damage which occurred on your side through misuse or improper use, unless this is based on defective assembly instructions,
- in the case of damage which occurred as a result of the products having been exposed on your side to harmful external influences (in particular extreme temperatures, moisture, unusual physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
Furthermore, we do not provide any warranty for a defect caused by improper repair by a service partner not authorised by the manufacturer.
10.3
Insofar as it is necessary to send in the product in order to examine an asserted defect or for supplementary performance, you must make the product available to us. The return required for this purpose is made at our expense to the specified return address (§ 9.1), if possible stating the order number. Insofar as available for your country of delivery, we will provide you with a returns label for this purpose upon request. Otherwise, we will bear or reimburse the necessary return costs in accordance with the statutory provisions.
Before sending in the product, you should, in your own interest, remove any items inserted by you, in particular memory chips or memory cards. Please also back up any data and applications stored on the product on a separate data carrier before sending it in and, where possible, deactivate any existing passwords. After the return of a repaired or replaced product, you are yourself responsible for reinstalling software and data and for reactivating passwords.
We are not obliged to actively examine the product for items inserted by you. Our liability for the loss of or damage to such items is governed by the statutory provisions.
The statutory rights, in particular under §§ 439, 475 and 477 BGB, remain unaffected.
10.4
If you send in the goods in order to receive a replacement product, the return of the defective product is governed by the following: 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 benefits derived by you (§ 439(6) BGB). For each commenced month of use, a flat-rate usage fee amounting to 4% of the purchase price of the replaced goods becomes due; you remain free to prove a lower compensation for use.
10.5
Rescission is only possible in the case of a defect that is not insignificant (§ 323(5) BGB).
10.6
Insofar as a manufacturer's guarantee exists for a product, its conditions, scope and territorial scope are governed by the respective guarantee conditions of the manufacturer. Your statutory rights in respect of defects vis-à-vis us remain unaffected by this.
§ 11 Limitation period
11.1
The statutory warranty for the claims specified in § 437 BGB vis-à-vis you as a consumer generally ends, in the case of new items, two years from the passing of risk. If you are an entrepreneur, a warranty period of one year from the passing of risk also applies to new items. Not covered by the above limitations is liability for damage arising from injury to life, body or health which is based on a 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, or liability for other damage which is 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 (c.i.c.) or under the Product Liability Act (Produkthaftungsgesetz) likewise remains unaffected.
11.2
If you are a consumer, the limitation period begins upon receipt of the goods. If you are an entrepreneur, the limitation period begins to run upon the goods being made available or handed over to the forwarding agent. The limitation period pursuant to § 11.1 is not extended by any guarantee granted by the manufacturer.
§ 12 Liability for damages
12.1
We are liable for breaches of duty committed with gross negligence and intent as well as for damage caused by simple negligence arising 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 of conclusion of the contract.
12.2
In the case of slight negligence, we are only liable for the breach of material contractual obligations and limited to the damage foreseeable at the time of conclusion of the contract. This limitation does not apply in the case of injury to life, body and health. We are not liable for other damage caused by slight negligence through a defect in the purchased item. Liability for slight negligence is furthermore limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favour of our vicarious agents. Any liability for pre-contractual fault (c.i.c.) or under the Product Liability Act (Produkthaftungsgesetz) remains unaffected.
12.3
Irrespective of any fault on our part, any statutory liability in the event of fraudulent concealment of a defect or arising from the express assumption of a guarantee by us remains in place.
12.4
We are also responsible for the impossibility of delivery occurring by chance during default, unless the damage would also have occurred in the event of timely delivery.
§ 13 Use of data
13.1
Information on how we process personal data and what rights you have in this respect can be found in our privacy policy at https://www.voltus.com/en/privacy-policy/.
§ 14 Packaging material, batteries
14.1
As electrical and electronic equipment does not belong in household waste, waste equipment must be handed in at a collection point. Waste equipment from private households can be handed in at the return and collection points of the public waste management authorities or at take-back points set up by manufacturers or distributors within the meaning of the Electrical and Electronic Equipment Act (ElektroG). To fulfil our obligations under the ElektroG, we are registered with Stiftung EAR and fulfil the obligations via take-e-way GmbH. On the website of take-e-way you can find the nearest free take-back point near you.
As a distributor pursuant to § 3(14) of the Act on the Further Development of the Separate Collection of Household Waste Containing Recyclable Materials – Packaging Act (VerpackG), we are obliged to participate in a nationwide system for the take-back of sales packaging pursuant to § 7 VerpackG. We have, of course, complied with this obligation. The packaging materials sent by us can therefore be disposed of separately by you yourself in a system corresponding to § 13 et seq. VerpackG. However, there is also the option of returning the materials used to us, as we are obliged under §§ 15 et seq. VerpackG to take back corresponding packaging.
In connection with the sale of batteries, accumulators and/or with the supply 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. Waste batteries / accumulators must not be disposed of in household waste at the end of their service life; this is also indicated by the symbol of the crossed-out waste bin. 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 waste bin. You can return waste batteries/ accumulators free of charge at a retail outlet or at another collection point near you. You can also obtain addresses of suitable collection points from your city or municipal administration. You can also return your waste batteries / accumulators free of charge to our shipping warehouse at the address stated in the legal notice. 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 NO-RUSSIA CLAUSE (applies only to entrepreneurs)
15.1
If you are an entrepreneur and acquire goods that fall within the scope of Art. 12g of Council Regulation (EU) No 833/2014 and / or within the scope of Council Regulation (EC) No 765/2006, in each case as amended, you may not sell, export or re-export these goods, directly or indirectly, to the Russian Federation or to Belarus or for use in the Russian Federation or in Belarus, insofar as this is prohibited under the respectively applicable sanctions provisions.
15.2
The buyer shall use its best efforts to ensure that the purpose of Clause 15.1 is not frustrated by any third parties further down the commercial chain, including possible resellers.
15.3
The buyer shall set up and maintain an adequate monitoring mechanism to detect conduct by any third parties further down the commercial chain, including possible resellers, that would frustrate the purpose of Clause 15.1.
15.4
Any culpable violation of Clauses 15.1, 15.2 and 15.3 constitutes a material breach of contract and entitles the seller to seek appropriate remedies, including, but not limited to, (i) the immediate termination of this contract; (ii) and the assertion of a contractual penalty, the amount of which is to be determined at the reasonable discretion of the seller and which, in the event of a dispute, may be reviewed by the competent court as to its appropriateness. In the event that a claim for damages is asserted, the contractual penalty will be credited against it.
15.5
The buyer shall inform the seller without undue delay of any problems in the application of Clauses 15.1, 15.2 and 15.3, including any relevant activities by third parties that could frustrate the purpose of Clause 15.1. Within two weeks of a corresponding request by the seller, the buyer shall provide the seller with all information required to verify compliance with the obligations under Clauses 15.1, 15.2 and 15.3.
§ 16 Miscellaneous
16.1
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer and have your habitual residence in another state, the protection afforded by those provisions of the law of that state which may not be derogated from by agreement under that law and which would be applicable in the absence of this choice of law pursuant to Art. 6(1) of Regulation (EC) No 593/2008 (Rome I Regulation) remains unaffected. The language of the contract is English.
16.2
For all present and future claims arising from the business relationship with you as an entrepreneur, including claims under bills of exchange and cheques, the place of jurisdiction is our place of business. The statutory places of jurisdiction apply to consumers.
16.3
In business dealings with you as an entrepreneur, the common place of performance of the parties is our place of business.
16.4
If you are an entrepreneur, the incorporation of your GTC is expressly objected to. In the event of dissent in individual parts, the entire contract is deemed not to have been concluded (§ 139 BGB).
16.5
Notices and declarations to us must be made at least in text form. Demonstrable contractual agreements or declarations of the parties deviating therefrom remain unaffected by this provision.
16.6
Should any of the above conditions be invalid, this does not affect the validity of the remaining provisions.
As of: 21 April 2026 - Instructions on withdrawal as of: 21 April 2026
Reporting and notification obligations pursuant to § 18 ElektroG / Art. 2 of the Act implementing the Waste Framework Directive
Pursuant to the Act implementing the Waste Framework Directive/AbfRRL, an amendment to § 18 of the Electrical and Electronic Equipment Act was adopted in Article 2. Accordingly, the status of fulfilment of the quantitative targets pursuant to § 10(3) and § 22(1) ElektroG by the manufacturers must be published annually. To fulfil our information obligations pursuant to § 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/
Information pursuant to § 36 of the Consumer Dispute Resolution Act (VSBG):
We are neither obliged nor, in principle, willing to participate in dispute resolution proceedings before a consumer arbitration board.
Provider:
Voltus GmbH
Place of business:
Loog 7
23611 Bad Schwartau
Commercial register: HRB 10418
Register court: Amtsgericht Lübeck (Local Court of Lübeck)
VAT identification number pursuant to § 27a of the German VAT Act (Umsatzsteuergesetz):
DE273164886
Managing directors: Michael Möller, Dirk Löding
Responsible for the content: Michael Möller
Tel.: +49 (0) 451 989 03-0
Fax: +49 (0) 451 989 03-399
E-mail: info@voltus.de
URL: https://www.voltus.de
