General Terms and Conditions of e.battery systems AG
These General Terms and Conditions of Sale ("GTCS") are intended to ensure the smooth processing of your orders. Therefore, our GTCS are an important part of our business relationship, and apply to both "online" and "offline" sales.
1. Scope of Application
These General Terms and Conditions of Sale ("GTCS") are valid for all contracts concluded, either “online“ at https://e-batterysystems.com or "offline", between e.battery systems AG, FN 508374i headquartered in Wolfurt with registered address at Holzriedstraße 33, A-6922 Wolfurt ("e.battery systems") and customers of e.battery systems. The customer acknowledges these GTCS and agrees to them upon placing an order. It is not permitted to continue the order process without accepting the GTCS. The version of these GTCS valid at the time of the order shall prevail. The customer’s General Terms and Conditions or other contractual conditions are hereby overruled, unless these are expressly accepted in writing by e.battery systems.
2. Conclusion of Contract
The information on the homepage regarding goods, price, quantity, delivery time, and delivery options are subject to change. In the event that e.battery systems makes an obvious mistake, typographical error, or calculation error, e.battery systems is not bound by it. Products presented on the homepage do not constitute an offer in a legal sense, but rather an invitation to the customer to make an offer themselves. The offer in the legal sense is made by the customer by placing the order. If the customer is a consumer, they are bound to their offer for 14 days; if the customer is a company, the binding period is 28 days. A contract is only considered concluded if e.battery systems confirms an order within the stated commitment period (by sending an order confirmation) or delivers the goods within the stated commitment period (in this case e.battery systems sends a shipping confirmation).
If the customer is a consumer, they shall be entitled to a right of revocation in accordance with the instructions set out in the Annex. A consumer is defined as any natural person who concludes legal transactions for purposes that are not part of the operation of their business.
In the case that e.battery systems makes a mistake when stating the price, the following applies: if the correct price is higher, e.battery systems will contact the customer before shipping the goods. If the customer wants to buy at the actual (higher) price, the higher price is valid, otherwise the contract is cancelled. If the correct price is lower, the lower price will be charged. Transportation costs are borne by the customer. If the customer is not a consumer, they also bear any risks pertaining to the transportation.
4. Delivery Processing
The stated delivery and performance dates refer to the expected delivery and performance date, which e.battery systems may exceed by up to one month. A binding promise of a delivery date must be made in writing with an express statement that the delivery date is indeed binding. e.battery systems is not responsible in case of delivery obstacles arising from suppliers or manufacturers. In the case that delivery or compliance with an agreed delivery time become impossible due to circumstances outside of the control of e.battery systems, both parties are entitled to withdraw from the contract completely or partially. e.battery systems will thereby inform the customer. In such a case, claims for damages are precluded.
If the customer does not accept a service for reasons outside the responsibility of e.battery systems and for which no legal right of the customer exists, e.battery systems can either demand step-by-step payment against acceptance of the delivery after setting a deadline, or withdraw from the contract. In case of withdrawal, e.battery systems may charge the customer an appropriate amount for the incurred expenses. In case of delay of acceptance, e.battery systems is entitled to store the goods on its premises, for which e.battery systems may charge a storage fee of EUR 30.00 per calendar day or part thereof.
If the customer has ordered a delivery on demand, the customer must give this demand in writing within 1 month from the notification of readiness for delivery. After expiration of this period, e.battery systems can either invoice for the full amount or withdraw from the contract if the grace period has elapsed. In case of withdrawal, e.battery systems may charge the customer an appropriate amount for the incurred expenses.
If the customer exercises a legal, contractual, or in individual cases a granted right to return goods, they must coordinate with e.battery systems regarding the specific processing. Goods are to be sent to e.battery systems free of charge in original packaging and in perfect, resalable condition. All individually manufactured goods are generally precluded from return, unless there is a legal obligation to do so. This also includes cell exchanged batteries. In case of missing original packaging or other defects, e.battery systems has the right to charge for the resulting costs.
Credit notes for returned goods that e.battery systems is not legally obligated to issue shall be made by issuing a credit note and not in cash. Handling fees will be charged at an appropriate amount, if applicable. In the case of complaints or returns, a copy of the delivery note must be enclosed and the exact reason for return must be stated. Sample shipment will be charged.
5. Payment Conditions
A discount deduction will only be granted within the scope and based on a corresponding agreement. In the event of agreed direct debit, delivery shall be made to the account provided. In the case of cash-on-delivery, payment shall be made in cash to the parcel service without deduction. If the customer receives payments back due to lack of funds, the right to cash discount shall expire. e.battery systems reserves the right to agree on other payment terms in individual cases. For new customers, e.battery systems reserves the right to conduct a credit check and delivery against prepayment or cash on delivery.
If e.battery systems determines there are justified doubts about the solvency of the customer, or the creditworthiness of the customer is reduced, or a due receivable is not paid by the customer, or the customer dissolves or changes their company, e.battery systems is entitled to demand advance payment in cash or other securities from the customer for future and as yet unfulfilled transactions. If the customer does not provide such advance payment or securities, e.battery systems may withdraw from the contract without being liable for damages to the customer.
e.battery systems is authorized to offset payments from the customer against another claim of e.battery systems pertaining to the customer.
6. Proprietary Rights
The delivered goods remain property of e.battery systems until full payment has concluded. The customer is obliged to store the goods separately until payment. If the customer is a company, they are also obliged to insure the goods against elementary damage. In the case that third parties interfere with the property of e.battery systems, e.g. by way of compulsory execution or confiscation, the customer must inform e.battery systems immediately. If the customer indistinguishably mixes, blends, combines or installs the delivered goods, the customer thereby assigns to e.battery systems the ownership or co-ownership of the mixed, blended, or new objects therefrom arisen. If the customer is in default of payment, e.battery systems is thereby authorized to reclaim the delivered goods, including installed or mixed or otherwise processed goods. Costs incurred in this process shall be borne by the customer, but e.battery systems reserves the right to further claims for damages.
The customer may neither pledge the delivered goods to third parties nor transfer them for safeguarding. Claims entitled to the customer from resale are to be assigned by the customer in full amount beforehand to e.battery systems with all ancillary rights, even in the case that the customer has processed the goods. The customer is obliged to note such resale in their own accounts. If e.battery systems demands it, the customer is required to name the buyer immediately and to hand over to e.battery systems the documents necessary for legal proceedings. If e.battery systems asserts the retention of title, this is not to be considered as a withdrawal from the contract.
7. Force Majeure
Should circumstances or events occur whereby a delivery is made impossible or unreasonably difficult but for which e.battery systems is not responsible, e.g., logistical or operational disturbances, lack of raw materials, energy, pandemic, strike or lockouts, e.battery systems is released for the duration of the hindrance, and a reasonable recovery period, from the obligation to deliver. In this case, e.battery systems is also considered, optionally but without further obligation to deliver, as partly or fully withdrawn from the contract. Claims for damages are precluded.
8. Transfer of Price- and Material Risk
If the customer is a company, the following apply:
8.1.1 Transportation always takes place at the customer’s own risk, even if e.battery systems delivers freight prepaid. If at the request of the customer e.battery systems undertakes express delivery or delivery to a place other than contractually specified, the customer bears the additional costs arising thereof. This also applies in case of special condition of the goods (e.g., bulky, especially broad, or sensitive).
8.1.2 Unless otherwise agreed, the risk of accidental loss or wear and tear of the goods shall pass to the customer at the time the goods leave the e.battery systems warehouse or, in case of direct delivery, the factory of the upstream supplier.
e.battery systems guarantees customary quality. Samples are considered to be approximate model samples and e.battery systems cannot guarantee an absolute delivery true to sample. e.battery systems does not promise any suitability for a certain application, unless such a promise is explicitly given by e.battery systems in writing. If the customer is a consumer, statutory warranty provisions apply. These are not limited in any way and coexist beside other possible guarantees which may exist.
If the customer is not a consumer, the following warranty provisions shall apply exclusively:
9.1.1 The customer is obliged to inspect the goods. Obvious defects must be reported in writing immediately after the arrival of goods, within three calendar days at the latest.
9.1.2 In case of repair orders, e.battery systems is only liable for the parts exchanged by e.battery systems, e.g. battery cells. There is no warranty or liability borne for the compatibility of parts replaced in the course of repair of connecting parts that were not present at the time of the repair.
9.1.3 In case of externally visible transportation damages, the damage must be noted on the carrier’s consignment note. e.battery systems must be informed about this in writing immediately, at the latest within three days after discovery of such damage. This also applies in case of incomplete or incorrect delivery. Otherwise, the goods are considered as approved.
9.1.4 For all goods, e.battery systems offers a warranty of 6 months from date of purchase.
9.1.5 If the goods have been treated, processed, or interfered with, the customer is in all cases obliged to prove that the defect already existed at the time of delivery.
9.1.6 The usage instructions and advice from e.battery systems are non-binding and do not release the customer from the obligation to promptly check the goods for suitability for the customer's purposes.
9.1.7 The customer’s warranty claims are limited to repair, replacement, or price reduction at the discretion of e.battery systems. e.battery systems shall not bear costs for any installation or removal even in case of a justified warranty claim.
9.1.8 e.battery systems is not liable for natural wear and tear, or for damages caused by incorrect handling, overstraining, electrical, electronic, physical, or chemical influences, as well as unsuitable operating and installation conditions or usage conditions.
9.1.9 Warranty claims on the part of the customer other than those mentioned above are hereby precluded.
9.1.10 Only in the event that e.battery systems has guaranteed a certain feature to the customer in written form can the customer claim its absence.
A customer’s claims for damages are precluded as far as e.battery systems has not acted intentionally or in a grossly negligent way. If the customer is a consumer, e.battery systems is also liable for gross negligence. If the customer is not a consumer, the liability is limited to the amount of the order sum as long as there is no intent. Liability for damages due to injury to life, body, and health (or as far as liability is mandatory according to product liability law) remains unaffected.
In the event of default, all relevant claims shall become due immediately. Outstanding services from this or other contracts can be withheld in whole or in part by e.battery systems. In case of default, e.battery systems is entitled to charge default interest in the legal amount.
12. Protection of Plans and Documents
e.battery systems reserves the intellectual property of plans, sketches, cost estimates, and other documents such as brochures, catalogs, samples, presentations and similar. Any use, sharing, duplication, publication and dissemination, including extracts thereof, requires the explicit consent of e.battery systems.
The written form is also valid for additions, changes, and subsidiary agreements. All information and data provided to e.battery systems by the customer in the context of the business relationship or a supply contract will be electronically processed and stored in accordance with the provisions of the Data Protection Act. The place of fulfillment and jurisdiction is exclusively Wolfurt (Postal code: 6922). e.battery systems reserves the right, however, to sue at a company or domicile of the customer. For consumers with residence in Austria the legal place of jurisdiction applies.
For all contractual relations, Austrian law is valid under exclusion of the reference norms and UN purchase rights. If the customer is a consumer with habitual residence in another European Union member state, the applicability of Austrian law shall also apply; the mandatory provisions of the state of the customer’s habitual residence shall remain unaffected. If any provision contained within these GTCS or any subsequent amendment or supplement becomes invalid, void, or unenforceable, this shall not affect the validity, applicability, or enforceability of all other provisions. In the event of the invalidity, inapplicability, or unenforceability of a provision, the parties shall be deemed to have agreed on a provision that comes as close as possible to this provision in terms of the economic result and is not invalid, inapplicable, or unenforceable, unless the customer is a consumer. This shall apply accordingly in the event of a loophole in the contract.
14. Disposal of Lithium Batteries
For e.battery systems, the sustainable and safe disposal of lithium batteries is of utmost importance. Therefore, customers are welcome to drop off their used batteries at e.battery systems. Lithium is a highly reactive metal that poses hazards when handled improperly. Even if lithium batteries and accumulators appear discharged at first glance:
- in the event of mechanical damage, substances hazardous to the environment and health can escape
- short circuits occur, e.g., when positive and negative poles come into contact via electrical conductors, leading to heat generation and fire
- fires and even explosions can be provoked by external heat sources such as from solar radiation or heating systems.
In view of such risks, it is understandable that lithium batteries and cells are classified as dangerous goods. As such, collection, packaging, and transport are subject to the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR). Since the disposal of lithium batteries involves risks and handling and disposal is more complex than with conventional batteries, e.battery systems charges a disposal fee of EUR 0.50 incl. VAT per Volt (V).
3.6 V Lithium battery x EUR 0.50 = EUR 1.80 incl. VAT. This means the disposal of 3.6V lithium batteries equates to EUR 1.80 incl. VAT.
Annex for Consumers
1. Consumer Information
In the case that you order goods when visiting our homepage and are a consumer as defined by § 1 Consumer Protection Law (KSchG), we would like to point out the following:
1) The essential characteristics of the goods and services offered by us can be found in the individual product descriptions within the scope of our offer found online. The images of goods in advertising, brochures, and so on are for illustration purposes only and are not binding.
2) The presentation of our goods does not constitute a binding offer on our part. Only the order of goods by you is a binding offer; in the case of acceptance of this offer, we send you an order confirmation by e-mail or dispatch the goods for shipment. This concludes the purchase contract between you and us.
3) Any possible input errors when placing your order can be identified during the final confirmation before checkout and can be corrected at any time using the delete or change function before sending the order.
4) The prices quoted by us are final prices including taxes.
5) We store the text of the contract with us in accordance with statutory provisions. You will receive an order confirmation with the contents of the contract by e-mail.
6) We declare that we are not obliged to participate in an out-of-court dispute resolution procedure before a consumer arbitration board, neither are we prepared to do so.
7) The data required for the processing of the contract between you and us are stored by us and are accessible to you at any time. In this respect, we refer to the regulation of data protection in our GTCS.
8) For anything else, we refer to our General Terms and Conditions.
9) We have not subjected ourselves to any specific code of conduct (rulebook).
10) As a consumer you are entitled to a right of cancellation according to the following:
2. Cancellation Policy for Returns and Contracts Concluded Online
Right of Cancellation
If you are a consumer as defined by § 1 Consumer Protection Law (KSchG) and have ordered the goods on our homepage, you have the right to revoke a contract concluded online within 14 days without giving reasons. The revocation period is 14 days from the day on which you, or a third party named by you who is not the carrier, have taken possession of the goods. In order to exercise your right of cancellation, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax, or e-mail sent by post). You can use the following model withdrawal form for this purpose, but this is not mandatory. To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the revocation period.
e.battery systems AG
Holzriedstraße 33, 6922 Wolfurt
Tel.: +43 (0) 5574 73275
Consequences of Revocation
If you revoke this contract, we shall reimburse all payments we have received from you, including delivery costs (except for additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within 14 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 otherwise agreed with you; in no case will you be charged for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods - whichever occurs earlier. You must return or hand over the goods to us without undue delay and in all cases no later than within 14 days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. We do not bear the costs of returning the goods, these must be borne by you. You only have to pay for any loss in value of the goods if such loss in value is due to handling that is not necessary for testing the condition, features, and functioning of the goods.
End of Cancellation Policy
Sample Cancellation Form
(If you wish to cancel the contract, please return the following information to us).
e.battery systems AG
Holzriedstraße 33, 6922 Wolfurt
Tel.: +43 (0) 5574 73275
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (detailed description so that it can be clearly
determined which goods the revocation relates to) (*)
- ordered on (*)...../received on (*).....:
- Name of Consumer(s):
- Address of Consumer(s):
- Signature of Consumer(s) (in case of written communication)
(*) Delete as applicable
As of: April 2023