Terms of Service for Photovoltaic Systems
General Terms and Conditions for Photovoltaic Systems
Terms of Service
for Photovoltaic Systems
The following General Terms and Conditions ("GTC") govern the contractual relationship between WOLTANIC GmbH, Palisadenstraße 41, 10243 Berlin, registered in the Commercial Register of the Berlin Charlottenburg District Court under HRB 249934 B, represented by Managing Director Blaszak Jan Artur ("Woltanic" or "we/us/our") and natural persons, legal entities and legally responsible partnerships ("Customer" or "you/your") who wish to use the services presented by us on our website www.woltanic.de.
Bank details for payments: IBAN DE37100101231601040265
Our GTC apply exclusively. Deviating, conflicting or supplementary (purchasing, commercial or contractual) conditions of our customers only become part of the contract if and to the extent that we have expressly agreed to their validity. This requirement for consent also applies if Woltanic executes delivery to the customer with knowledge of their (purchasing, commercial or contractual) conditions.
A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity; an entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.
You can view, print and download the current version of the GTC at any time at https://woltanic.de/agb/.
1 Contract Conclusion / Order Confirmation
1.1
Woltanic operates under the domains www.woltanic.de, on which a customized service package – from application to commissioning – can be ordered regarding the installation of a solar system or an electricity storage system (the complete service package depending on the customer's choice hereinafter referred to as "Project"). You can choose between ordering a solar system, a solar system with electricity storage or an electricity storage system for retrofitting, each with further offered components, which are subsequently described in more detail in the respective customer offer (Section 1.3) (hereinafter collectively referred to as "System").
1.2
The examples shown on our website do not constitute binding offers. Furthermore, the calculated yields or profits that can be achieved by installing a system or carrying out a corresponding project represent pure forecasts and cannot reflect the actual case.
1.3
The customer initially provides data on our website by filling out a web form that is relevant for the planning and installation of the system. The customer can change and view this data at any time before sending it. Based on the data transmitted to us and after requesting photos of the house and existing electrical installations or other documents (such as drawings), we create a personalized proposal for the project for the delivery and installation of the system ("Customer Offer"). Any binding commitment to this customer offer by Woltanic is excluded. It merely serves to request the customer to request Woltanic's acceptance as order confirmation based on this offer proposal.
The customer offer is created on the condition that your house connection is equipped with a suitable meter cabinet in accordance with the technical connection conditions of your grid operator. Especially with old house connections, a meter cabinet change may be required, which is associated with additional costs.
By connecting the system, the grid operator may require a change of the electricity meter. The work and costs for this are not included in the offer proposal and are carried out by the grid operator and billed separately to the customer.
1.4
The customer can accept the customer offer and send Woltanic order confirmation.
1.5
Woltanic can accept this within thirty (30) days after sending the offer by sending an order confirmation to the customer. In the event that the customer needs funding/financing, the order confirmation is subject to the resolutive condition of rejection or non-granting of funding/financing. Non-granting occurs if the funding is not decided within twelve (12) months or the financing is not decided within three (3) months after acceptance of the customer offer.
1.6
After acceptance of the offer, the customer is requested to pay the down payment specified in the offer proposal within seven (7) days. If the customer does not pay on time, Woltanic can withdraw from the order confirmation. If the order confirmation is dissolved, this down payment will be refunded by us.
1.7
To check the feasibility of the project, an on-site inspection by our specialist installers usually takes place after order confirmation. In the event that deviations from the previously made information become apparent that require a planning change for the system or the project, Woltanic reserves the right to change the promised service accordingly, taking into account the affected interests. Should an adjustment of the customer's consideration also become necessary, such adjustments that work in favor of the customer (more favorable price) are covered by Woltanic's unilateral right to change. Should a price increase become necessary, a joint customer offer adjustment between the customer and Woltanic must be made. In the event that the on-site inspection shows that the project is not possible even with adjustment of the customer offer or a necessary adjustment does not take place, the order confirmation must be reversed. Woltanic has a corresponding right of withdrawal for this.
1.8
After order confirmation, the customer receives a document at least in text form, in which the respective offer proposal, the GTC and the cancellation policy are also made available for permanent inspection.
2 General Obligations of the Customer when Using Our Website
2.1
For the purpose of creating an offer, personal data such as first and last name, telephone number and email address must be transmitted. You may not use the name of a third (real or invented) person with the intention of passing yourself off as this third person. You may only use your real name.
2.2
All customers must be of legal age and fully legally competent. We reserve the right to request further information or documents from customers in suspected cases in order to verify their existence, age of majority and legal capacity.
3 Rights and Obligations of Woltanic
3.1
Woltanic undertakes to deliver the ordered systems free of defects and to carry out professional installation of the respective system in accordance with the project.
3.2
Information from manufacturers about ordered/delivered components, e.g. in data sheets or other manufacturer product information, is solely the responsibility of the respective manufacturers. Woltanic does not adopt this information. Only the information in the offer proposal possibly reconfigured according to Section 1.3 is relevant for freedom from defects. Manufacturer information is usually based on ideal conditions that do not occur in practice. For this reason, any yield forecasts and economic analyses are also non-binding.
3.3
Woltanic reserves the right to deliver components of comparable quality and equipment if certain components are not available.
4 Conditions and Requirements at the Customer
4.1
The customer is responsible for providing the current and applicable (building) legal requirements that are prerequisites for the installation of the system.
4.2
The customer is responsible for obtaining all consents, approvals and/or notifications required for the installation of the solar system before the start of installation of the system, insofar as these are necessary. This does not apply insofar as Woltanic and the customer have expressly agreed otherwise. The granting of power of attorney alone does not yet constitute an express agreement.
4.3
The customer ensures that the building to which the project relates can support the system and that he has the relevant building checked for its suitability, in particular the load-bearing capacity of the roof, for the installation of such a system by commissioning a corresponding specialist (structural engineer) at his own expense for structural stability. The functionality of any lightning protection and surge protection technology existing on the building side is assumed. Furthermore, a protective potential equalization in the form of a main earthing bar must be present in the building. This does not apply insofar as Woltanic and the customer have expressly agreed otherwise.
4.4
The customer is responsible for:
- checking the legal requirements required for feed-in with the grid operator; Woltanic points out that in rare exceptional cases it may be possible for grid operators to refuse the connection due to circumstances not attributable to Woltanic; use is then only possible for self-consumption;
- providing a radio remote control receiver and, if applicable, further components or measures required by new legal requirements, whereby Woltanic, deviating from this, coordinates the initial installation of the required measuring device required for measuring the EEG electricity quantities fed into the grid operator's grid;
- creating a new or changing and maintaining an existing grid connection for electricity procurement;
- checking the electrical customer installation for its suitability for the system or creating the suitability of the existing electrical customer installation;
- assuming charges or levies that are levied on the feed-in tariff or self-consumption at the time of contract conclusion or thereafter;
- compliance with the obligations and cooperation obligations incumbent on the system operator under the Renewable Energy Sources Act in its respective current version ("EEG") or other legal requirements for the feed-in of solar power and the receipt of remuneration (according to EEG), such as notification to the Federal Network Agency, insofar as Woltanic and the customer have not expressly agreed otherwise. The granting of power of attorney alone does not yet constitute an express agreement.
4.5
The customer also declares that the building on which the system is to be installed is in his ownership or that he has other authorization to conclude a contract regarding the installation of a PV system for this building.
4.6
The requirements mentioned in Sections 4.1 to 4.5 inclusive must be arranged by the customer in good time before installation of the system and at his expense and are each a prerequisite for our provision of services for the installation of the system and implementation of the project. We reserve the right to request further evidence for the purpose of verifying the existence of the requirements from Sections 4.1 to 4.5 inclusive.
4.7
Insofar as required for the provision of our services according to the project, the customer will grant us or third parties commissioned by us unhindered access to the properties, building parts or roof areas on which the system is to be installed after appointment coordination.
4.8
The customer is obliged to accept the system after installation in compliance with the applicable legal provisions.
5 Prices, Payment and Due Date
5.1
All prices and services are understood to include statutory value-added tax, which may be shown separately.
5.2
Woltanic is entitled to demand a down payment if this is shown in the offer proposal. Furthermore, Woltanic is entitled to demand a partial payment after delivery and before installation of the solar modules and/or electricity storage systems. The partial payment amounts to a maximum of 70% of the total price, less the down payment already made according to Section 1.6. If solar modules, electricity storage systems and other components are not delivered at the same time, Woltanic is entitled to demand the partial payment already after delivery of the solar modules.
5.3
All payments by the customer are made via bank transfer and in the case of down payment also via PayPal, whereby no fees are charged by us for the payment methods. Woltanic is entitled to assign claims from the business relationship with the customer to third parties.
5.4
The final invoice is issued immediately after installation of the components ordered by the customer (solar modules, inverters and/or storage) or – if this does not occur during installation – immediately after the first technical commissioning of the system. Subject to deviating agreements, the respective invoice amount – less any advance payments made – becomes due for payment seven (7) days after receipt of the respective invoice.
5.5
Should material and/or installation costs increase by more than 10% by the delivery date due to supplier-related price increases compared to the order time, Woltanic is entitled to increase the price accordingly. This only applies if the announced delivery time is greater than 4 months.
6 Shipping and Costs
6.1
Delivery of the goods according to the project is carried out via an external service provider. We bear the shipping risk if the customer is a consumer.
6.2
The corresponding shipping costs are shown in the respective offer proposal.
7 Warranty
The applicable statutory warranty provisions apply.
8 Manufacturer Guarantees
Some manufacturers issue their own guarantees. Woltanic does not adopt these, even if they are shown on Woltanic's website. The customer can only assert manufacturer guarantees with the manufacturer.
9 Cancellation Policy
If the customer is a consumer, he has the following statutory right of withdrawal: You have the right to withdraw from the contract within fourteen (14) days without giving reasons. The withdrawal period is fourteen (14) days from the day of conclusion of the contract.
10 Reservation of Title
10.1
The systems, components or other goods ("Goods") delivered or installed by Woltanic to the customer remain the property of Woltanic until full payment of the final invoice according to Section 5.3 ("Secured Claims").
11 Liability
11.1
Our liability for damages caused by or in connection with the exercise of obligations under this contract is excluded, except in cases of intent or gross negligence.
12 Online Dispute Resolution and Alternative Dispute Resolution
12.1
The European Commission provides a platform for online dispute resolution, which can be found at https://ec.europa.eu/consumers/odr/.
13 Data Protection
Information about how we handle your personal data is contained in our privacy policy.
14 Final Provisions
14.1
Disputes arising from and in connection with contracts between us and customers are governed by the law of the Federal Republic of Germany, excluding the UN Sales Law.
Contact
WOLTANIC GmbH
Palisadenstraße 41
D-10243 Berlin
Phone: +49 0 30 837 913 15
Email: info@woltanic.de
Registered in Berlin under: HRB 249934 B
Tax Number: 37/598/50709
VAT ID: DE359776454
Managing Director: Jan Artur Blaszak