Terms of service
General terms and conditions of business
Bernd Brencher, Seeger Straße 39, 87494 Rückholz
Smart and Green Germany and Austria
1. General
All services provided by the online shop for the customer are carried out exclusively on the basis of the following general terms and conditions in the version valid at the time the contract was concluded. Deviating regulations only apply if they have been agreed between the online shop and the customer.
2. Conclusion of contract
2.1 The online shop's offers on the Internet represent a non-binding invitation to the customer to order goods in the online shop.
2.2 By ordering the desired goods online, the customer makes a binding offer to conclude a purchase contract.
2.3 The online shop confirms receipt of the order immediately. The order confirmation and the acceptance of an order by telephone do not constitute a legal acceptance on our part. We only accept the offer when we bring the goods to you for dispatch. You will receive a written shipping confirmation by email within 2 days. However, the customer is bound to his offer for a maximum of 3 days.
A contract is concluded by clicking on the “binding order” button in the online shop. The order confirmation will be sent immediately to the specified email address following the binding order.
2.4 The subject of the contract is the goods ordered by the customer. With regard to the quality, the offer description applies, otherwise Section 434 Paragraph 1 Sentence 3 BGB applies.
3. Cancellation policy
The cancellation policy can be found under the Right of cancellation item in the main menu.
4. Delivery
4.1 All items will be delivered immediately if available in stock.
Delivery takes place both within Germany and to EU countries.
4.2 The delivery time within Germany is a maximum of 8 working days, unless otherwise stated in the offer.
For deliveries abroad, the delivery time is a maximum of 12 working days, unless otherwise stated in the offer.
The following items have a longer delivery time: Items that are marked as currently out of stock in the online shop.
4.3 If an item is not available at short notice, we will inform you about the expected delivery time. Upon definitive unavailability already prepayments will be reimbursed immediately.
If goods are delivered with obvious damage to the packaging or contents, we ask you to immediately complain about the damage to the freight forwarder/freight service, refuse acceptance if necessary and contact us as quickly as possible so that we can exercise our rights against the freight forwarder/freight service can maintain. Please inform us of any hidden defects once they are discovered so that we can stick to our suppliers. Of course, your legal claims and warranty rights as our customer remain unaffected.
5. Packaging and shipping costs
5.1 We offer the following shipping methods: GLS, DHL, or comparable service providers.
5.2 The delivery and packaging costs correspond to the values stated on the “Shipping and payment conditions” subpage.
If you cancel the order (without a defect), you will bear the direct costs of returning the goods.
6. Payment, retention of title
6.1 All prices stated are gross prices in euros, which include the statutory VAT of currently 19%. Prices are valid on the day orders are submitted.
6.2 For delivery within Germany, the following payment methods are possible:
Paypal, APPLE Pay, GOOGLE Pay, Shop pay
Advance payment (transfer to our account)
The customer is obliged to pay the purchase price immediately after conclusion of the contract by transfer to our account.
If you pay in advance, you will receive an email from us with the exact invoice details. Please be sure to enter your email address and telephone number in the order form so that we can contact you. When making your transfer, please state your name and invoice number as the intended purpose so that we can assign your incoming payment to the order.
6.3 The delivered goods remain our property until full payment has been made (retention of title according to §§158, 449 BGB). The customer must inform us immediately about third-party enforcement measures against the reserved goods and hand over the documents necessary for an intervention; This also applies to impairments of any other kind. Regardless of this, the customer must inform third parties in advance of the existing rights to the goods.
7. Warranty
If delivered goods have obvious defects that were not mentioned in the item description, which also includes transport damage, the customer is asked to complain about such defects to the online shop. However, failure to make this complaint has no consequences for your legal rights. Furthermore legal regulations shall apply.
We are not liable for defects that arise as a result of incorrect handling, normal wear and tear or external influences.
In order to avoid legal disputes, you are obliged to make the complained goods available to us to check the defect before enforcing your warranty claims. At your discretion, this can be done at your premises or by sending it to us or a third party designated by us.
If you refuse to cooperate, we will be released from our warranty obligation.
Since we primarily sell sensitive technical devices, you will certainly understand that we cannot be held responsible for defects caused by improper or contractual measures, particularly during installation, connection, operation or storage.
The warranty claims also expire if unauthorized third parties have intervened in the goods delivered by us or if changes have been made to them or if consumables are used that do not correspond to the manufacturer's specifications of the individual products delivered by us. The same also applies to damage that occurs when the products we supply are used together with other devices whose compatibility is not guaranteed. If we replace individual components of the items we have delivered by way of repair, we acquire ownership of the replaced items. In the event of a subsequent delivery, our company becomes the owner of the replaced devices and/or components upon receipt of the replacement device by the contractual partner.
We do not give you any guarantees in the legal sense. Manufacturer guarantees remain unaffected.
8. Liability
8.1 The online shop is liable in cases of intent or gross negligence in accordance with the statutory provisions. Liability for guarantees occurs regardless of fault. The online shop is liable for slight negligence exclusively in accordance with the provisions of the Product Liability Act, due to injury to life, body or health or due to the violation of essential contractual obligations. However, the claim for damages for the slightly negligent violation of essential contractual obligations is limited to the foreseeable damage typical for the contract, unless liability is due to injury to life, body or health. The online shop is liable to the same extent for the negligence of vicarious agents and representatives.
8.2 The regulation of the previous paragraph extends to compensation in addition to performance, compensation instead of performance and claims for compensation for wasted expenses, regardless of the legal basis, including liability due to defects, delay or impossibility.
8.3 Liability for data loss is limited to the restoration effort if a backup copy is available, unless the data loss was caused intentionally or through gross negligence by the online shop; further liability is excluded.
9. Data protection
The data you provide will be used by us exclusively to process your orders. All your data will be treated in strict confidence. We will only pass on the data to third parties (e.g. shipping services) if this is necessary for order processing. The order data is transmitted encrypted and secured, but we assume no liability for data security during these transmissions over the Internet (e.g. due to technical errors by the provider) or for possible criminal access by third parties to files on our website. Access data for the customer login, which is transmitted to the customer at the customer's request, must be treated as strictly confidential by the customer, as we assume no responsibility for the use and use of this data. Further information on the subject of data protection can be found at (link to data protection declaration).
10. Copyright
All third-party logos, images and graphics shown are the property of the relevant companies and are subject to the copyright of the relevant licensors. All photos, logos, texts, reports, scripts and programming routines shown on these pages, which are our own developments or have been prepared by us, may not be copied or used in any other way without our consent. All rights reserved.
11. Miscellaneous
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.
We are prepared to take part in an out-of-court arbitration procedure before a consumer arbitration board.
The federal universal arbitration board at Zentrum Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.universalschlichtungsstelle.de is responsible.
12. Links on our pages
We are only liable for our own content on the website of our online shop. As far as we use links, our offer contains links to external third-party websites over whose content we have no influence.
With its judgment of May 12, 1998 - 312 O 85/98 - “Liability for links” the Hamburg Regional Court decided that by providing a link one may also be responsible for the contents of the linked page. According to the LG, this can only be prevented by expressly distancing oneself from this content.
We hereby expressly distance ourselves from all content of all linked pages on our homepage. This declaration applies to all links on our website.
We cannot therefore assume any liability for this external content. The respective provider or operator of the pages is always responsible for the content of the linked pages.
The linked pages were checked for possible legal violations at the time of linking. Illegal content was not apparent at the time of linking. However, permanent control of the content of the linked pages is unreasonable without concrete evidence of a legal violation. If we become aware of any legal violations, we will immediately remove such links.
13. Final provisions
The validity of the UN Convention on Contracts for the International Sale of Goods is excluded; German law applies. With an order, the general terms and conditions of the online shop are accepted. If a provision of these general terms and conditions is invalid, for whatever reason, the validity of the remaining provisions remains unaffected.
The ineffective regulation will be replaced by the relevant legal regulation. If the customer does not have a general place of jurisdiction in Germany or another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business.
Note according to battery law
Since we sell batteries and accumulators or devices that contain batteries and accumulators, we are obliged under the Battery Act (BattG) to point out the following to you:
You must not dispose of batteries and rechargeable batteries in household waste. You are legally obliged to return used batteries and accumulators. Used batteries can contain harmful substances that, if not stored or disposed of properly, can harm the environment or your health. Batteries also contain important raw materials such as iron, zinc, manganese or nickel and are recycled.
You can send the batteries and accumulators back to us after they have been used or hand them in free of charge at a collection point (e.g. in stores or at a municipal collection point).
The crossed-out wheelie bin symbol shown below on batteries and accumulators and products containing batteries and accumulators means that batteries and accumulators must not be disposed of with household waste.
(Pb, Cd, Hg)
Symbols under this symbol have the following meaning:
[battery sign]
Pb: Battery contains lead
Cd: Battery contains cadmium
Hg: Battery contains mercury