Conditions of Use
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts concluded between you and us as provider (Streetec GmbH) via the website www.streetec.shop. Unless otherwise agreed, any terms and conditions you may use are hereby objected to.
(2) A consumer within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed in nature. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Formation of Contract
(1) The subject matter of the contract is the sale of goods and/or the provision of assembly services.
(2) By listing the respective product on our website, we are already making you a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the product description.
(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to Order" button (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will be displayed to you as an order summary.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method, you will either be directed to the order summary page in our online shop or redirected to the website of the instant payment system provider. If you are redirected to the respective instant payment system, you make the appropriate selection or enter your data there. Finally, on the website of the instant payment system provider or after being redirected back to our online shop, the order data will be displayed to you as an order summary.
Before submitting the order, you have the opportunity to review the information in the order summary again, change it (also using the "back" function of the internet browser) or cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with cost obligation", "pay" / "pay now" or similar designation), you legally bindingly accept the offer, whereby the contract is concluded.
(4) Your requests for the preparation of a quote are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless a different period is specified in the respective offer).
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly in an automated manner. You must therefore ensure that the e-mail address you have provided to us is correct, that receipt of the e-mails is technically ensured and, in particular, not prevented by spam filters.
§ 3 Provision of Assembly Services
(1) Insofar as assembly services are the subject matter of the contract, we owe the assembly work resulting from the service description. We provide these services to the best of our knowledge and belief, personally or through third parties.
(2) Services are provided on the agreed dates.
(3) You are obliged to cooperate. In particular, at the time of the provision of the assembly services, you must provide the opportunity to enter the premises in a passable and reasonably hazard-free condition. Furthermore, you are obliged to provide us with electrical energy and, if necessary, water to the extent required. We are entitled to terminate the contractual part concerning the provision of assembly services in accordance with § 643 of the German Civil Code (BGB) if you fail to fulfil your obligations to cooperate. For this purpose, we will set you a reasonable deadline during which you can make up for the necessary cooperation.
(4) If you exercise your right of termination under § 648 sentence 1 BGB, we may demand 10% of the agreed remuneration as a flat-rate compensation if execution has not yet begun. However, if the statutory right of withdrawal exists, this only applies if you exercise your right of termination after the withdrawal period has expired. You reserve the right to prove that we actually incurred no costs or significantly lower costs.
§ 4 Special Agreements on Offered Payment Methods
(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", payment processing is carried out via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labelled button on our website and during the online ordering process. For payment processing, "PayPal" may use further payment services; insofar as special payment conditions apply, you will be separately informed of these. Further information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 5 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following additionally applies:
a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or transfer of ownership as security is not permitted prior to transfer of title to the reserved goods.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount arising from the resale, and we accept the assignment. You remain authorised to collect the claim. However, insofar as you do not properly fulfil your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods relative to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.
§ 6 Warranty
(1) The statutory rights regarding liability for defects apply.
(2) As a consumer, you are requested to inspect the goods upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as quickly as possible. Failure to do so does not affect your statutory warranty rights.
(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us prior to making the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) Insofar as you are an entrepreneur, the following applies in deviation from the above warranty provisions:
a) Only our own specifications and the manufacturer's product description are deemed agreed as the condition of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we provide warranty at our discretion by repair or replacement delivery. If the remedy of the defect fails, you may at your discretion demand a reduction in price or withdraw from the contract. The remedy of the defect is deemed to have failed after an unsuccessful second attempt, unless something different results in particular from the nature of the goods or the defect or the other circumstances. In the case of repair, we do not have to bear the increased costs arising from the transport of the goods to a location other than the place of performance, unless the transport corresponds to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The reduction in the period does not apply:
- for damages attributable to us caused culpably by injury to life, body or health, and for other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have given a guarantee for the condition of the goods;
- for goods that have been used in accordance with their customary use for a building and have caused its defectiveness;
- for statutory recourse claims that you have against us in connection with defect rights.
§ 7 Governing Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favourability).
(2) The place of performance for all services arising from business relationships with us and the place of jurisdiction is our registered office, insofar as you are not a consumer but a merchant, a legal person under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your domicile or habitual residence is not known at the time the action is brought. The right to also appeal to the court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.
II. Customer Information
1. Identity of the Seller
Streetec GmbH
Industriestr. 12
64739 Höchst
Germany
Phone: 06163939928
E-mail: info@streetec.net
We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Formation of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are governed by the provisions "Formation of Contract" in our General Terms and Conditions (Part I.).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After receipt of the order, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3. For quote requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. Essential Characteristics of the Goods or Service
The essential characteristics of the goods and/or service can be found in the respective offer.
5. Prices and Payment Terms
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labelled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free shipping has been agreed.
5.3. If delivery is made to countries outside the European Union, additional costs may arise that are not our responsibility, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
5.4. Money transfer costs incurred (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where delivery is made to an EU member state but payment is initiated outside the European Union.
5.5. The payment methods available to you are indicated under a correspondingly labelled button on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Delivery Conditions
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.
6.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment passes to you only upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
7. Statutory Liability for Defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
8. Termination
8.1. Information on termination of the contract and the conditions of termination can be found in the provisions on "Assembly Services" in our General Terms and Conditions (Part I) and in the respective offer.
Supplementary General Terms and Conditions for easyCredit Instalment Purchase
1. Scope and General Terms of Use
The following supplementary General Terms and Conditions apply between you and the merchant for all contracts with the merchant where the easyCredit instalment purchase solution ('Ratenkauf') is used.
In the event of conflict, the supplementary Terms and Conditions take precedence over the merchant's general terms and conditions.
Ratenkauf is available only to customers who are consumers as defined in section 13 of the German Civil Code (BGB) and are over the age of 18.
2. Ratenkauf
With the support of TeamBank AG Nuremberg, Beuthener Strasse 25, 90471 Nuremberg, Germany ('TeamBank AG'), the merchant can offer you Ratenkauf as an additional payment option for your purchase.
The merchant reserves the right to check your credit status. For more details, please see the Ratenkauf data protection notice when you place your order. If Ratenkauf cannot be offered because of your credit status or because the merchant's revenue limit has been reached, the merchant reserves the right to offer you an alternative payment option.
The Ratenkauf contract is formed between you and the merchant. There is no cash payment with Ratenkauf; you choose to pay off the purchase price in monthly instalments. Payments are made every month for an agreed term, whereby the final instalment may be different to the previous instalments. Ownership of the goods is not transferred until the purchase price has been paid in full.
The receivables arising through the use of Ratenkauf are assigned by the merchant to TeamBank AG under a rolling factoring contract. Only payments made to TeamBank AG have the effect of discharging the debt.
The merchant is not subject to any supervision by a regulatory authority other than the general supervisory authority for businesses (Gewerbeaufsicht). Complaints can be sent to the merchant by letter or email.
3. Payment of Instalments by SEPA Direct Debit
Through the SEPA direct debit mandate issued with Ratenkauf, you are authorising TeamBank AG to collect the payments due as a result of the instalment purchase from the current account you specified during the order process at the named bank by means of a SEPA direct debit.
Payments will be collected no sooner than on the date specified on the pre-notification. Payments may also be collected shortly after that date.
If the purchase price is reduced between the pre-notification and the due date (e.g. due to amounts being credited), the debited amount may differ from that stated in the pre-notification.
You must ensure that your current account contains sufficient funds at the time the payment is due. Your bank is not required to honour the direct debit request if your account does not contain sufficient funds.
If the direct debit is returned due to insufficient funds in the current account or an unjustified rejection by the account holder, or because the current account has been closed, you will be in default (without separate demand notice), unless the direct debit is returned due to circumstances beyond your control.
Costs charged to TeamBank AG by your bank for a direct debit returned for reasons for which you are responsible may be claimed from you by TeamBank AG as damages and must be reimbursed by you. You are entitled to show that TeamBank AG suffered a smaller loss or no loss at all.
If you are in default, TeamBank AG is entitled to charge a reasonable fee for each demand notice or default interest in the amount of five percentage points above the prevailing base rate of the European Central Bank.
Because of the high costs associated with a returned direct debit, we would ask you not to reject the SEPA direct debit if you cancel the contract, return the goods or make a complaint. In these cases, the payment is reversed in agreement with the merchant by means of a reverse transfer of the relevant amount or in the form of a credit note.
Supplementary General Terms and Conditions for easyCredit Invoice
1. Scope
The following supplementary General Terms and Conditions (hereinafter "GTC") apply between you and the merchant (hereinafter "we" or "us") for all contracts concluded with us where the easyCredit invoice purchase (hereinafter easyCredit Invoice) or the associated free payment deferral is used.
The GTC take precedence over any conflicting general terms and conditions that we use.
easyCredit Invoice is only available to customers who are consumers as defined in § 13 BGB and are over the age of 18.
2. easyCredit Invoice
For your purchase, we offer you easyCredit Invoice as an additional payment option with the support of TeamBank AG Nuremberg, Beuthener Strasse 25, 90471 Nuremberg (hereinafter TeamBank AG).
We reserve the right to check your credit status. For more details, please see the easyCredit Invoice data protection notice in the order process. If easyCredit Invoice cannot be offered due to insufficient credit status or because the merchant's revenue limit has been reached, we reserve the right to offer you an alternative payment option.
The contract for easyCredit Invoice is formed between you and us. There is no cash payment; with easyCredit Invoice you choose a free deferral of payment of the purchase price. You do not have to pay for the goods immediately upon receipt – payment is due 30 days after delivery, on the first day of the following month. We retain title to the goods until the purchase price has been paid in full.
The purchase price receivables arising from the use of easyCredit Invoice are assigned by us to TeamBank AG under a rolling factoring contract. Payments can only be made to TeamBank AG with debt-discharging effect.
Apart from the general trade supervisory authority, we are not subject to supervision by any regulatory authority. Complaints can be sent to us by letter or e-mail.
3. easyCredit Invoice by SEPA Direct Debit
Through the SEPA direct debit mandate issued with easyCredit Invoice, you authorise TeamBank AG to collect the payments due under easyCredit Invoice from the current account you specified during the order process at the named bank by means of a SEPA direct debit.
Payments will be collected no sooner than on the date specified on the pre-notification. Payments may also be collected shortly after that date.
If the purchase price is reduced between the pre-notification and the due date (e.g. due to credits), the debited amount may differ from that stated in the pre-notification.
You must ensure that your current account contains sufficient funds at the time the payment is due. Your bank is not required to honour the direct debit if your account does not contain sufficient funds.
If the direct debit is returned due to insufficient funds, an unjustified objection by the account holder, or because the current account has been closed, you will be in default without a separate reminder, unless the return is due to circumstances beyond your control.
Costs charged to TeamBank AG by your bank for a direct debit returned for reasons attributable to you may be claimed by TeamBank AG as damages and must be reimbursed by you. You are entitled to prove that TeamBank AG suffered a smaller loss or no loss at all.
If you are in default, TeamBank AG is entitled to charge a reasonable fee for each reminder or default interest at a rate of five percentage points above the applicable base rate of the European Central Bank.
Due to the high costs associated with a returned direct debit, we ask you not to object to the SEPA direct debit in the event of withdrawal from the purchase contract, a return or a complaint. In these cases, the payment will be reversed in agreement with us by means of a reverse transfer of the relevant amount or by means of a credit note.
4. Dispute Regarding Goods
Should you wish to raise objections, defences or other counterclaims with regard to the purchase price claim, you must declare these to us as the merchant. TeamBank AG is only responsible for providing the easyCredit Invoice payment option and is not responsible for handling complaints relating to the purchase contract.