Terms of service

§ 1 Scope and Definitions

The following General Terms and Conditions apply to all deliveries between us and a customer – a consumer or an entrepreneur – in their version valid at the time of the order.

B2B Objection Clause: We hereby expressly object to the inclusion of any terms and conditions of the customer, unless otherwise agreed.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession (§ 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 BGB).

§ 2 Conclusion of Contract, Storage of Contract Text

(1) The following regulations regarding the conclusion of the contract apply to orders placed via our online shop https://abc-power.de.

(2) In the event of the conclusion of a contract, the contract is concluded with:

HUATEC GmbH
Droopweg 31
D-20537 Hamburg
Registration Number HRB 158379
Local Court (Amtsgericht) Hamburg

(3) The presentation of goods in our online shop does not constitute a legally binding offer on our part, but is merely an informal invitation to the customer to order goods. By ordering the desired goods, the customer makes a binding offer to conclude a purchase contract.

(4) Upon receipt of an order in our online shop, the following regulations apply: The customer makes a binding contract offer by successfully completing the ordering procedure provided in our online shop.

The order is placed in the following steps:

  1. Selection of the desired goods
  2. Confirmation by clicking the "Add to Cart" button
  3. Reviewing the details in the shopping cart
  4. Clicking the "Proceed to Checkout" button
  5. Logging into the online shop after registration and entering the login details.
  6. Re-checking or correcting the respective entered data.
  7. Binding submission of the order by clicking the "Buy Now" button

Before submitting the order permanently, the customer can return to the internet page where the customer's details are captured by pressing the "Back" button contained in their internet browser, correct input errors, or cancel the ordering process by closing the internet browser. We immediately confirm receipt of the order by an automatically generated e-mail ("Order Confirmation"). With this, we accept your offer.

(5) Storage of the contract text: We store the contract text and send you the order data and our Terms and Conditions by e-mail. Past orders can be viewed in our customer area under "My Account -> Orders".

§ 3 Prices, Shipping Costs, Payment

(1) The stated prices do not include statutory value-added tax or other price components. Value-added tax as well as additional costs including shipping costs are only added at checkout.

(2) The customer has the option of paying by advance payment (Vorkasse), credit cards, and PayPal.

(3) If the customer has chosen payment by advance payment, they undertake to pay the purchase price within two days after conclusion of the contract.

§ 4 Delivery

(1) Unless clearly stated otherwise in the product description, all items offered by us are immediately ready for dispatch. Delivery shall be made here within 3 business days at the latest. In the case of payment by advance payment, the period for delivery begins on the day after the payment order is issued to the bank executing the transfer, and for all other payment methods on the day after the conclusion of the contract. If the end of the period falls on a Saturday, Sunday, or public holiday at the place of delivery, the period ends on the next business day.

(2) The risk of accidental loss and accidental deterioration of the sold item passes to the buyer upon handover of the item, even in the case of mail-order purchases.

(3) The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery agent immediately if possible and contact us without delay. Failing to make a complaint or contact us has no consequences whatsoever for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.

§ 5 Retention of Title

1. Towards consumers: We retain ownership of the delivered goods until full payment of the owed purchase price.

2. Towards entrepreneurs (Extended Retention of Title): We retain ownership of the delivered goods until all claims from an ongoing business relationship have been settled in full.
In the event of processing of the delivered goods, we shall be deemed the manufacturer and acquire ownership of the newly created goods. If processing is carried out together with other materials, we acquire ownership in the ratio of the invoice values of our goods to that of the other materials.

The customer may neither pledge nor assign objects subject to retention of title or security ownership as security. The customer is only authorized to resell the reserved goods in the ordinary course of business. The customer hereby assigns to us in advance all claims against third parties arising from this in the amount of the respective invoice value (including value-added tax). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. Our authority to collect the claims ourselves remains unaffected.

§ 6 Right of Withdrawal (for Consumers)

Consumers have a fourteen-day right of withdrawal.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

Right of Withdrawal

You have the right to withdraw from 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, took possession of the last goods.

To exercise your right of withdrawal, you must inform us (HuaTec GmbH, Droopweg 31, 20537 Hamburg, info@abc-power.de) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or an e-mail). You can use the model withdrawal form for this purpose. Alternatively, you can use the withdrawal button.

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 shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event no later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.

We bear the cost of returning the goods.

You only have to pay for any diminished value of the goods where the deterioration is due to handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

General Information on Returns

Please note: The following information is not a mandatory requirement for the effective exercise of the right of withdrawal.

  1. Please avoid damaging and contaminating the goods. Please return the goods in their original packaging with all accessories and all packaging components to us. Use a protective outer packaging if necessary. If you no longer have the original packaging, please ensure sufficient protection against transport damage with suitable packaging in order to avoid claims for compensation for damage due to inadequate packaging. We reserve the right to claim compensation for severe damage that makes resale impossible.
  2. Please do not return the goods unsolicited or freight collect. In order to ensure quick processing, we will send you a return label to your e-mail address after receiving your withdrawal notice, which you can use for free return shipping.
  3. Returning the goods without comment without a prior or enclosed withdrawal notice can delay assignment and refund.
  4. For entrepreneurs (§ 14 BGB) there is no statutory right of withdrawal. Only our voluntary 30-day return policy applies in accordance with the corresponding conditions.

§ 7 Voluntary Return Policy

In addition to the statutory right of withdrawal, we grant you a voluntary return policy of a total of 30 days from receipt of the goods. For consumers, this applies supplementarily from the 15th day after receipt of the goods; for entrepreneurs (B2B), it applies for the full 30 days.

The following conditions apply to the exercise of this voluntary return policy:

Condition of the goods: The exercise of the voluntary return policy requires that the goods are in a flawless condition without clear signs of use. Testing the goods to check their nature, properties, and functioning (as would be possible in a retail store, for example) is permitted. However, if the item shows visible signs of wear, stains, or other signs of use, we reserve the right to refuse the return or to deduct appropriate compensation for value from the refund amount. The goods must be returned in their complete original packaging (including outer packaging), with all accessories and all user manuals.

Registration: A return within the scope of the voluntary return policy must be registered with us in advance. You can do this via the "Return Item" function in your order details or by e-mail to info@abc-power.de. When applying for the voluntary return, it is necessary to state a precise reason for the return. If you return the goods unrequested and without prior registration, we reserve the right to refuse acceptance or processing of the return.

Costs and shipping: If the return is made within the voluntary return period for reasons that are not based on a material defect, the buyer shall bear the direct costs of the return shipment. The return shipment must be made via a traceable shipping method (with tracking number / tracking). The tracking number must be communicated to us by e-mail within 2 business days of shipping the goods. Any customs duties, import VAT, or other processing fees incurred in connection with the return (e.g. for returns from non-EU countries) are to be borne by the buyer.

Notice regarding defects: Returns due to quality defects or faults are subject to statutory warranty rights (24 months). Please refer to our separate warranty conditions for details.

Refund: After receipt and successful quality check of the returned goods, we will arrange the refund within 14 business days. Only the pure purchase price of the item will be refunded. The original shipping costs are not refunded under the voluntary return policy. We use the same payment method for the refund that was used in the original transaction.

Prevention of abuse: We reserve the right to suspend or withdraw the voluntary return policy for a customer in the event of abusive use of our return service (e.g. if a customer repeatedly buys an unusually large number of items within a short period of time and returns them within the voluntary period). The statutory right of withdrawal for consumers remains unaffected hereby.

The statutory rights for consumers, in particular the statutory right of withdrawal and the warranty rights, remain unaffected by these regulations on the voluntary return policy and apply without restriction.

§ 8 Warranty (Liability for Defects)

The statutory liability rights for defects apply to the items offered in our shop, unless specified otherwise below.

1. Warranty for Consumers (B2C)

Period: The limitation period for claims for defects is 24 months from delivery of the goods (§ 438 Abs. 1 Nr. 3 BGB).

Exclusion of liability: The warranty extends exclusively to product-inherent material defects. Damage caused by improper operation, failure to observe the operating instructions, unauthorized disassembly, repair attempts, or modifications by the customer or third parties is excluded from the warranty.

Notification and inspection process: In the event of a warranty claim, the customer must contact us in advance by e-mail (stating the order number and attaching meaningful photos/videos of the defect) to enable remote fault diagnosis. If a physical inspection is necessary, the goods must be sent to us. If there is a legitimate material defect, we shall bear the costs of subsequent performance, including the necessary transport and shipping costs (§ 439 Abs. 2 BGB). If it turns out after the inspection that the defect is based on an exclusion ground (e.g. improper use) and the customer should have recognized this, we reserve the right to reject the warranty and charge the customer for the inspection and return shipping costs incurred.

Subsequent performance and extended right of withdrawal (30 days): The customer has the right to choose between remedying the defect (repair) or delivering a defect-free item (replacement delivery) (§ 439 Abs. 1 BGB). If an original material defect (e.g. hidden defect) becomes apparent within the first 30 calendar days after receipt of the goods, we grant the customer the optional right to demand a direct refund in addition to subsequent performance. The purchase price as well as standard delivery and return costs will be refunded. In the event of a partial return, the original shipping costs will not be refunded. Neither a repair nor a replacement delivery leads to a restart of the warranty period.

2. Warranty for Entrepreneurs (B2B)

Period: The limitation period for claims for defects is 24 months from delivery of the goods.

Exclusion of liability and limitation of costs: The warranty is limited to material or manufacturing defects. Damage caused by improper use, failure to follow instructions, disassembly, or unauthorized interventions is excluded. Any assumption of removal and installation costs, labor costs, as well as indirect or consequential damages is excluded to the extent permitted by law.

Duty to inspect and give notice of defects (§ 377 HGB): The commercial customer is obliged to inspect the delivered goods immediately upon receipt for quality and quantity deviations. Obvious defects (e.g. transport damage, surface defects) must be reported to us by e-mail within 3 business days of receipt at the latest. Otherwise, the goods are deemed approved with regard to this defect. Warranty, exchange, or refund claims for obvious defects are excluded after this period has expired.

Notification and inspection process: In the event of a warranty claim, the commercial customer must contact us in advance by e-mail to enable remote fault diagnosis. If a physical inspection is necessary, the goods must be sent to us. If there is a legitimate material defect, we shall bear the costs of subsequent performance, including the necessary transport and shipping costs. If it turns out after the inspection that the defect is based on an exclusion ground, we reserve the right to reject the warranty and charge the customer for the inspection and return shipping costs incurred.

Subsequent performance: If a defect is present, we reserve the right to choose whether to provide subsequent performance by repair, sending free spare parts, or replacement delivery. If an original material defect becomes apparent within 30 calendar days of receipt, we also offer commercial customers the optional right to a direct refund. The warranty period does not restart as a result of subsequent performance.

§ 9 Consumer Dispute Resolution

The EU Commission provides a platform for online dispute resolution (ODR) on the internet, which you can find here: https://ec.europa.eu/consumers/odr/

We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

 

Appendix: Model Withdrawal Form

(If you want to withdraw from the contract, please fill out this form and send it back.)

To:
HuaTec GmbH
Droopweg 31
20537 Hamburg
E-Mail: info@abc-power.de

I/We (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):

__________________________________________________________________________

__________________________________________________________________________

Ordered on (*): ___________________ / received on (*): ___________________

Name of consumer(s): _______________________________________________

Address of consumer(s):

_________________________________________________________________________


_________________________________________________________
Signature of consumer(s) (only if notified on paper)

Date: ___________________

(*) Delete as appropriate.