Only the German version of these Plan Terms shall apply. The English version is only a convenience translation.
Version: 29.06.2023
The Aplus Energy GmbH Store is an online store focused on the selling of all things relating to energy. The online store is operated by Aplus Energy GmbH.
The Aplus Energy GmbH Store is available for our customers as well as for the public. Those who are customers of the Aplus Energy GmbH receive additional discounts. Information about our delivery terms, returns and more can be found below!
1.1 These Terms and Conditions ("T&C") apply to all contracts that have as their object the purchase of products between Aplus Energy GmbH, Zinnowitzer Str. 3 10115 Berlin, (hereinafter "we", "us" or "our") and you as a customer (hereinafter "you", "your", "your" or "you").
1.2 The product offer in our online store is directed exclusively to consumers with delivery addresses in mainland Germany. For the purposes of these Terms and Conditions, a consumer is any natural person who enters into the contract for a purpose that can be attributed neither to his commercial nor his independent professional activity (§ 13 BGB).
1.3 Deviating terms and conditions shall not apply, even if we do not separately object to their validity in individual cases.
1.4 For all orders, the German version of these Terms and Conditions shall apply exclusively.
2.1 Our offers in the online store are non-binding.
2.2 By placing an order in the online store, you make a binding offer to purchase the relevant product. We can accept the offer until the end of the third working day following the day of the offer.
2.3 We will send you a confirmation of receipt of the offer within 3 days of receipt of the offer, which does not constitute acceptance of the offer. The offer shall only be deemed accepted by us as soon as we declare acceptance to you (by e-mail) or dispatch the products. The purchase contract with you shall only be concluded upon our acceptance.
2.4 You are entitled to revoke the offer and return the products in accordance with the special revocation and return instructions, which are communicated to you in the context of the order on our website and are printed here under item 6.
3.1 All prices in our online store are gross including the statutory value added tax and are exclusive of any shipping costs and any customs duties.
3.3 Unless expressly agreed otherwise, we only deliver in the online store on the order form specified manner, in each case against invoice. By agreeing to our terms and conditions of purchase, you therefore also agree to the terms and conditions for the use of Shopify Checkout.
3.4 You have no right of set-off or retention, unless the counterclaim is undisputed or legally established.
4.1 All deadlines for the shipment of the Products specified or otherwise agreed by us at the time of the order shall commence, (a) on the day of receipt of the full purchase price (including VAT and shipping costs). The date of handover of the Products by us to the shipping company shall be decisive for compliance with the shipping date.
4.2 Deadlines specified by us for the shipment of the products are always approximate and may therefore be exceeded by up to two working days. This shall not apply if a fixed shipping date has been agreed. If no deadline or date for shipment is specified or otherwise agreed, shipment within (five) working days shall be deemed agreed. In cases of strikes, official interventions and other hindrances which we could not foresee and for which we are not responsible, the delivery time shall be extended accordingly.
4.3 If you have purchased several separately usable products in one order, we can also send them in several separate deliveries, in which case we will bear the additional shipping costs caused by this, unless the partial deliveries are made at your request. In this case, we will charge shipping costs for each of the partial deliveries. This does not limit the customer's statutory rights with regard to timely and proper delivery.
4.4 If shipped products cannot be delivered to the customer due to failed delivery, the package will be automatically returned and the customer will bear the costs. If the products are not available through no fault of ours or cannot be delivered in time despite timely reordering, we are entitled to withdraw from the purchase contract. We shall immediately notify the customer of the non-availability of the products and, in the event of withdrawal, immediately refund any payments made to us.
4.5 Unless expressly agreed otherwise, we shall determine the appropriate mode of shipment and the transport company at our reasonable discretion.
4.6 We only owe the timely, proper delivery of the products to the transport company and are not responsible for delays caused by the transport company. A shipping time stated by us (period between handover by us to the transport company and delivery to the customer) is therefore non-binding.
5.1 Consumers (§ 13 BGB) have with regard to the online purchase of goods a statutory right of withdrawal in accordance with the following instruction.
5.2 If you make use of your right of withdrawal as a consumer, you must bear the regular costs of return.
5.3 In addition, the regulations apply to the right of withdrawal, which are reproduced in detail in the following.
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods. In the case of a contract for several goods which you have ordered as part of a single order and which are delivered separately, the period begins on the day on which you or a third party named by you, who is not the carrier, has taken possession of the last products.
To exercise your right of withdrawal, you can send us an email to: hallo@ostrom.de. Alternatively by mail to: Aplus Energy GmbH, Zinnowitzer Str. 3, 10115 Berlin by means of a clear declaration of your decision to revoke this contract. You can use the following model withdrawal form, which is not mandatory.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
If you revoke this contract, we will reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than 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 for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse the repayment until we have received the products back or until you have provided proof that you have returned the products, whichever is earlier.
You must return or hand over the goods to us or to Aplus Energy GmbH, Zinnowitzer Str. 3, 10115 Berlin, without undue delay and in any case no later than fourteen days from the day on which you notify us of the revocation of the contract. The deadline is met if you send the products before the expiration of the period of fourteen days.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to your handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
The right of withdrawal does not apply to the following contracts:
5.4.1 Contracts for the delivery of products that 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,
5.4.2 Contracts for the delivery of products that can spoil quickly or whose expiration date would be quickly exceeded,
5.4.3 contracts for the delivery of sealed products that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
5.5 Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back to us).
Email: hallo@ostrom.de
(*) Delete where not applicable
6.1 We retain title to the products delivered by us until full payment of the purchase price (including VAT and shipping costs) for the products in question.
7.1 We shall be liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the products.
7.2 Any seller's warranties given by us for certain items or manufacturer's warranties granted by the manufacturers of certain items shall be in addition to the claims for material defects or defects of title within the meaning of para. 1. Details of the scope of such warranties shall be set out in the warranty conditions which may be enclosed with the items.
8.1 We shall be liable in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions.
8.2 In other cases, we shall be liable - unless otherwise provided in paragraph 3 - only in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper performance of the contract and on the observance of which you as a customer may regularly rely (so-called cardinal obligation), and limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in paragraph 3.
8.3 Our liability for damages arising from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
9.1 We process personal data only within the framework of the applicable statutory provisions. The details can be found in the Privacy Policy available on our website.
10.1 The purchase contract between us and you is governed by the laws of the Federal Republic of Germany, excluding the UN Sales Convention. If you have placed your order as a consumer and you have your habitual residence in another country, you shall be protected by the relevant provisions of the country of residence, which may not be deviated from by agreement.
10.2 The applicable statutory provisions shall apply to the local and international jurisdiction.
10.3 The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.