These General Terms and Conditions (GTC) apply to all contracts concluded between LIXIANG INTERNATIONAL(HONG KONG)ENERGYTECHNOLOGY O..LIMITED (hereinafter "Seller") and the customer (hereinafter "Buyer") via the online shop on the websitewww.lithink.deThe version of the GTC valid at the time of the order is decisive.
2. Conclusion of contract
(1) The subject matter of the contract is the sale of products.
(2) By presenting the respective products on our website, we are already making you a binding offer to conclude a purchase contract via our online shopping cart system under the conditions stated in the respective product description.
(3) The contract via the online shopping cart system is concluded as follows: The desired products are placed in the "shopping cart". Via the "Checkout" or "Proceed to order" button, you enter your personal data and specify the payment and shipping terms. A summary of your order will then be displayed.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, ApplePay), you will either be redirected directly back to the order overview or taken to the payment provider’s page to complete your payment.
Before submitting the order, you can review and, if necessary, change the order details. By submitting the order via the corresponding button ("Buy now", "Place order with obligation to pay", or similar), you accept our offer, and the contract is concluded.
(4) Requests for a quote are non-binding. We will send you a binding offer by email, which you can accept within the specified period.
(5) Order processing is carried out via email. Please ensure that the email address you have provided is correct and that emails can be received.
3. Payment terms
Payment can be made by credit card, PayPal, Klarna, or other payment methods offered during the checkout process. The Seller reserves the right to exclude certain payment methods in individual cases.
(1) Payment via Klarna In cooperation with Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options, with payment in each case being made to Klarna:
The use of these payment methods requires a positive credit check. Your data will be forwarded to Klarna for address and credit checks. Based on the results, we can only offer the permissible payment methods.
Further information about Klarna can be found here:Klarna Germany.
4. Right of retention, retention of title
(1) You may only exercise a right of retention for claims arising from the same contractual relationship.
(2) The goods remain our property until payment has been made in full.
(3) Additionally for business customers:
a) The goods remain our property until all claims from the ongoing business relationship have been settled. Pledging or transferring ownership by way of security before the transfer of title is not permitted.
b) You may resell the goods in the ordinary course of business. You hereby assign to us all claims in the amount of the invoice value arising from such resale; we accept this assignment. You are authorized to collect the claims as long as you fulfil your payment obligations. Otherwise, we reserve the right to collect the claims ourselves.
c) If the goods are combined or mixed with other items, we acquire co-ownership of the new item in proportion to the value of the goods to the other items.
d) We will release securities upon request if their value exceeds the claim by more than 10%. We will choose which securities to release.
5. Warranty
(1) The statutory rights for defects apply.
(2) Consumers are asked to check the goods upon delivery for completeness and defects and to report any damage as soon as possible. Statutory warranty claims remain unaffected by this.
(3) If a characteristic of the goods deviates from the objective requirements, this is deemed agreed only if we informed you of this before the contract was concluded and the deviation was expressly agreed.
(4) Additionally for business customers:
a) Only our product description or the manufacturer’s product description is authoritative, not public statements.
b) In the event of defects, we will, at our discretion, provide rectification or a replacement delivery. If this fails after two attempts, you may request a price reduction or withdraw from the contract.
c) The warranty period is one year from delivery, excluding damages due to gross negligence, defects fraudulently concealed, guarantees, as well as defects in goods used for buildings and statutory rights of recourse.
6. Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this applies only insofar as protection under mandatory provisions of the country of residence is not withdrawn.
(2) The place of performance and place of jurisdiction is our registered office if you are a merchant or a legal entity under public law. For consumers, this applies only if no other place of jurisdiction is specified.
(3) The UN Convention on Contracts for the International Sale of Goods does not apply.
7. Confirmation of product use pursuant to zero tax rate § 12 para. 3 no. 1 UStG
(1) When purchasing a tax-privileged photovoltaic system or its components, you confirm that you are the operator of the system and that it will either be installed on an eligible building or that the gross output according to MaStR does not exceed 30 kW (peak).
II. Customer Information
1. Identity of the Seller
LIXIANG INTERNATIONAL(HONG KONG)ENERGYTECHNOLOGY O..LIMITED VAT ID No.: DE456727254 Room 502C, 5/F, Goodview Commercial Center, 2-16 Garden Street, Mongkok, Hong Kong. Huaxi Wei Email: Support@lithink.de
Alternative dispute resolution: The European Commission provides a platform for out-of-court online dispute resolution (ODR), available athttps://ec.europa.eu/odr.
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself, as well as the options for correction are governed by the provisions in the section "Conclusion of the contract" of our General Terms and Conditions (Part I.).
3. Contract language, storage of the contract text
3.1. The contract language is German.
3.2. We do not store the complete contract text. However, before submitting the order via the online shopping cart system, you can print or save the contract data electronically using your browser’s print function. After we receive your order, we will send you the order details as well as the information required by law for distance contracts and our General Terms and Conditions by email.
3.3. For quote requests outside the online shopping cart system, you will receive all relevant contract data as part of a binding offer in text form, for example by email, which you can print or save electronically.
4. Key characteristics of the goods or service
The key characteristics of the goods or services offered can be found in the respective product descriptions.
5. Prices and payment terms
5.1. The prices stated in the respective offers, as well as any shipping costs, are total prices and include all price components, including applicable taxes.
5.2. No shipping fees apply.
5.3. The available payment methods are listed on our website under a correspondingly labeled button or in the respective offer.
5.4. Unless otherwise specified for the payment methods, all claims arising from the contract are due for immediate payment.
6. Delivery conditions 6.1. The delivery conditions, the estimated delivery date, and any delivery restrictions can be found via the correspondingly labeled button on our website or in the respective offer.
6.2. For consumers, the risk of accidental loss or accidental deterioration of the goods during transport passes to you only upon handover of the goods, regardless of whether the shipment is insured. This does not apply if you independently commission a transport company not named by us.
7. Data protection The Seller collects, processes, and uses the Buyer’s personal data exclusively for processing the order and in accordance with statutory provisions. Further information can be found in the privacy policy on the website.
8. Final provisions If individual provisions of these GTC are or become invalid, the validity of the remaining provisions shall not be affected. The statutory regulation shall apply in place of the invalid provision.
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