Terms of service
1. Scope of application, Definitions
1. 1 These General Terms and Conditions apply exclusively to the business relationship between the following parties:
POWEROAK GmbH
Lise-Meitner-Str. 14, 28816 Stuhr, Germany
Authorized General Manager: Xiaoxiang Yan
Tel: +49 911 - 311 09 790
Email: bluetti-en@bluettipower. com
(hereinafter "Provider") and the client (hereinafter "Customer"). They are applied in their current version at the time of the order. Divergent general conditions of the Client will not be recognized, unless the Provider expressly accepts their validity in writing.
1. 2 The Provider's online shop is intended exclusively for consumers within the meaning of Article 13 of the German Civil Code (BGB).
1. 1 These General Terms and Conditions apply exclusively to the business relationship between the following parties:
POWEROAK GmbH
Lise-Meitner-Str. 14, 28816 Stuhr, Germany
Authorized General Manager: Xiaoxiang Yan
Tel: +49 911 - 311 09 790
Email: bluetti-en@bluettipower. com
(hereinafter "Provider") and the client (hereinafter "Customer"). They are applied in their current version at the time of the order. Divergent general conditions of the Client will not be recognized, unless the Provider expressly accepts their validity in writing.
1. 2 The Provider's online shop is intended exclusively for consumers within the meaning of Article 13 of the German Civil Code (BGB).
2. Celebration of the contract
2. 1 The descriptions of the products provided by the Supplier do not constitute a binding offer, but rather an invitation to the Customer to submit a binding offer.
2. 2 The Customer can select products from the Supplier's assortment and add them to the so-called shopping cart by clicking on the "add" button. to cart". By clicking on the "Pay" button, the Customer submits a binding offer to purchase the products in the shopping cart. Before sending the order, the Client can modify and consult the data at any time. However, the offer can only be sent and transmitted if the Client accepts these general conditions of the Provider by actively clicking on them and thus includes them in his offer.
2. 1 The descriptions of the products provided by the Supplier do not constitute a binding offer, but rather an invitation to the Customer to submit a binding offer.
2. 2 The Customer can select products from the Supplier's assortment and add them to the so-called shopping cart by clicking on the "add" button. to cart". By clicking on the "Pay" button, the Customer submits a binding offer to purchase the products in the shopping cart. Before sending the order, the Client can modify and consult the data at any time. However, the offer can only be sent and transmitted if the Client accepts these general conditions of the Provider by actively clicking on them and thus includes them in his offer.
2. 3 The Supplier will send the Customer an automatic order confirmation by email, in which the Customer's order is renumbered and can be printed using the "Print" function. Automatic order confirmation only documents that the Supplier has received the Customer's order and does not constitute an acceptance of the offer. The contract will only be executed when the Supplier sends a declaration of acceptance, which will be sent in a separate email (order confirmation). In this email or in a separate email, the Supplier sends the Customer the text of the contract (consisting of the order, the general conditions and the order confirmation) in a format that can be saved and reproduced. The text of the contract is stored guaranteeing data protection.
2. 4 The contract is sent in German.
3. Delivery, product availability
3. 1 The delivery times specified by us are calculated from the moment of order confirmation, provided that the purchase price has been paid in advance (except in the case of purchases with an invoice).
3. 2 If at the time of the order there are no copies of the product selected by the Customer available, the Supplier will immediately notify the Customer in the order confirmation. If the product is permanently unavailable, the Supplier will refrain from issuing a declaration of acceptance. In this case, no contract will be concluded.
3. 4 The following delivery restrictions apply: The Supplier only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, Austria, Belgium, Denmark, Estonia, Finland, France, Hungary, Italy, Luxembourg, the Netherlands, Poland, Portugal, Slovakia, Spain (50 of 52 provinces), Czechia, Romania, Croatia, Slovenia, Latvia, Lithuania Show less
3. 1 The delivery times specified by us are calculated from the moment of order confirmation, provided that the purchase price has been paid in advance (except in the case of purchases with an invoice).
3. 2 If at the time of the order there are no copies of the product selected by the Customer available, the Supplier will immediately notify the Customer in the order confirmation. If the product is permanently unavailable, the Supplier will refrain from issuing a declaration of acceptance. In this case, no contract will be concluded.
3. 3 If the product specified by the Customer in the order is temporarily unavailable, the Supplier will also notify the Customer immediately in the order confirmation.
3. 4 The following delivery restrictions apply: The Supplier only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, Austria, Belgium, Denmark, Estonia, Finland, France, Hungary, Italy, Luxembourg, the Netherlands, Poland, Portugal, Slovakia, Spain (50 of 52 provinces), Czechia, Romania, Croatia, Slovenia, Latvia, Lithuania Show less
4. Reservation of ownership
4. 1 The goods supplied remain the property of the Supplier until full payment of the purchase price.
5. Prices and shipping costs
5. 1 All prices indicated on the supplier's website include the applicable legal value added tax.
5. 2 The corresponding shipping costs will be provided to the customer in the order form.
5. 3 The merchandise will be sent by post. The supplier bears the shipping risk if the customer is a consumer.
5. 4 In case of cancellation, the immediate costs of returning the merchandise will be borne by the customer.
4. 1 The goods supplied remain the property of the Supplier until full payment of the purchase price.
5. Prices and shipping costs
5. 1 All prices indicated on the supplier's website include the applicable legal value added tax.
5. 2 The corresponding shipping costs will be provided to the customer in the order form.
5. 3 The merchandise will be sent by post. The supplier bears the shipping risk if the customer is a consumer.
5. 4 In case of cancellation, the immediate costs of returning the merchandise will be borne by the customer.
6. Forms of payment
6. 1 The customer can make the payment by credit card.
6. 2 Payment of the purchase price is due immediately after the conclusion of the contract. If the payment due date is determined by the calendar, the customer will be considered to have missed the deadline. In this case, the customer must pay the supplier default interest at a rate of 5 percentage points above the basic interest rate for that year.
6. 3 The customer's obligation to pay late-payment interest does not exclude the provider from claiming other damages derived from non-compliance.
6. 1 The customer can make the payment by credit card.
6. 2 Payment of the purchase price is due immediately after the conclusion of the contract. If the payment due date is determined by the calendar, the customer will be considered to have missed the deadline. In this case, the customer must pay the supplier default interest at a rate of 5 percentage points above the basic interest rate for that year.
6. 3 The customer's obligation to pay late-payment interest does not exclude the provider from claiming other damages derived from non-compliance.
7. Warranty for material defects, warranty
7. 1 The supplier is responsible for material defects in accordance with the applicable legal provisions, in particular §§ 434 et seq. of the German Civil Code (BGB).
7. 2 There will only be an additional guarantee for the goods supplied by the supplier if it has been expressly provided for in the order confirmation for the respective item.
7. 1 The supplier is responsible for material defects in accordance with the applicable legal provisions, in particular §§ 434 et seq. of the German Civil Code (BGB).
7. 2 There will only be an additional guarantee for the goods supplied by the supplier if it has been expressly provided for in the order confirmation for the respective item.
8. Responsibility
8. 1 Claims by the customer for damages are excluded. This exclusion does not apply to customer claims for damages arising from injury to life, body or health, or breach of essential contractual obligations, compliance with which allows the proper performance of the contract and on whose observance the customer regularly relies. customer (cardinal obligations), as well as liability for other damages resulting from intentional breach or gross negligence of obligations by the provider, its legal representatives or executive assistants.
8. 2 In the event of a breach of cardinal obligations, the provider's liability shall be limited to typically foreseeable damage caused by simple negligence, except in the case of customer claims for damage resulting from injury to life, body or health.
8. 3 The limitations in paragraphs 1 and 2 also apply to the benefit of the provider's legal representatives and executive officers if claims are asserted directly against them.
8. 4 The limitations of liability derived from sections 1 and 2 do not apply if the supplier has fraudulently concealed the defect or has assumed a guarantee for the quality of the article. The same applies if the supplier and the customer have reached an agreement on the quality of the article. The provisions of the Product Liability Act remain unaffected.
8. 1 Claims by the customer for damages are excluded. This exclusion does not apply to customer claims for damages arising from injury to life, body or health, or breach of essential contractual obligations, compliance with which allows the proper performance of the contract and on whose observance the customer regularly relies. customer (cardinal obligations), as well as liability for other damages resulting from intentional breach or gross negligence of obligations by the provider, its legal representatives or executive assistants.
8. 2 In the event of a breach of cardinal obligations, the provider's liability shall be limited to typically foreseeable damage caused by simple negligence, except in the case of customer claims for damage resulting from injury to life, body or health.
8. 3 The limitations in paragraphs 1 and 2 also apply to the benefit of the provider's legal representatives and executive officers if claims are asserted directly against them.
8. 4 The limitations of liability derived from sections 1 and 2 do not apply if the supplier has fraudulently concealed the defect or has assumed a guarantee for the quality of the article. The same applies if the supplier and the customer have reached an agreement on the quality of the article. The provisions of the Product Liability Act remain unaffected.
9. Right of withdrawal
9. 1 Consumers have a legal right of withdrawal when entering into a distance selling contract, and the supplier must inform them of this in accordance with the legal model below. In section (2) a model withdrawal form is provided.
9. 1 Consumers have a legal right of withdrawal when entering into a distance selling contract, and the supplier must inform them of this in accordance with the legal model below. In section (2) a model withdrawal form is provided.
Withdrawal policy
Right of withdrawal
You have the right to withdraw from this contract within a period of fourteen days without justification.
The withdrawal period will expire fourteen days from the day on which you or a third party designated by you, other than the carrier, have taken material possession of the merchandise.
To exercise your right of withdrawal, you must inform us, POWEROAK GmbH, Lise-Meitner-Str. 14, 28816 Stuhr, Germany, Tel: +49 911 - 311 09 790, sale-eu@bluettipower. com, of your decision to withdraw from this contract by means of an unequivocal statement (for example, a letter sent by postal mail or an email). You can use the attached withdrawal form model, but it is not mandatory.
To comply with the withdrawal period, it is enough that you send your communication regarding the exercise of the right of withdrawal before the withdrawal period expires.
Right of withdrawal
You have the right to withdraw from this contract within a period of fourteen days without justification.
The withdrawal period will expire fourteen days from the day on which you or a third party designated by you, other than the carrier, have taken material possession of the merchandise.
To exercise your right of withdrawal, you must inform us, POWEROAK GmbH, Lise-Meitner-Str. 14, 28816 Stuhr, Germany, Tel: +49 911 - 311 09 790, sale-eu@bluettipower. com, of your decision to withdraw from this contract by means of an unequivocal statement (for example, a letter sent by postal mail or an email). You can use the attached withdrawal form model, but it is not mandatory.
To comply with the withdrawal period, it is enough that you send your communication regarding the exercise of the right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs (except for additional costs resulting from your choice of a type of delivery other than the least expensive type of ordinary delivery that we offer), without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw from the present contract. We will make this refund using the same means of payment that you used for the initial transaction, unless you have expressly agreed otherwise; in any case, you will not incur any expenses as a result of said reimbursement.
We may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, depending on which condition is met first.
You must return or deliver the goods to us without undue delay and, in any case, no later than fourteen days from the date you notify us of your withdrawal from this contract. The period will be considered fulfilled if you return the goods before the period of fourteen days has elapsed. You will bear the direct costs of returning the goods.
You will only be responsible for the decrease in value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and operation of the goods.
(*) Delete what is not applicable.
If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs (except for additional costs resulting from your choice of a type of delivery other than the least expensive type of ordinary delivery that we offer), without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw from the present contract. We will make this refund using the same means of payment that you used for the initial transaction, unless you have expressly agreed otherwise; in any case, you will not incur any expenses as a result of said reimbursement.
We may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, depending on which condition is met first.
You must return or deliver the goods to us without undue delay and, in any case, no later than fourteen days from the date you notify us of your withdrawal from this contract. The period will be considered fulfilled if you return the goods before the period of fourteen days has elapsed. You will bear the direct costs of returning the goods.
You will only be responsible for the decrease in value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and operation of the goods.
9. 2 The supplier informs about the sample withdrawal form in accordance with the legal regulations as follows:
Sample withdrawal form
(If you wish to withdraw from the contract, please fill out this form and send it back.)
-A POWEROAK GmbH, Lise-Meitner-Str. 14, 28816 Stuhr, Germany, bluetti-es@bluettipower. com:
-I/we () hereby revoke the contract entered into by me/we () for the purchase of the following goods ()/the provision of the following service ()
-Ordered on ()/received on ()
-Name of Customer
-Address of Customer
-Signature of Customer (only for communication on paper)
-Date
(*) Delete what is not applicable.
10. Final provisions
10. 1 For contracts between supplier and customers, the law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods. The legal provisions regarding the restriction of the choice of applicable law and the applicability of mandatory provisions, in particular the country in which the customer has his habitual residence as a consumer, remain unaffected.
10. 2 If the customer is a trader, a legal person under public law or a special estate under public law, the competent jurisdiction for all disputes arising from contractual relations between the customer and the provider will be the registered office of the provider.
10. 3 Even if some provisions of the contract are legally ineffective, the other parts of the contract will remain binding. Instead of ineffective provisions, statutory provisions will apply, if available. However, if this would place an excessive burden on one of the parties, the entire contract would lose its validity.
10. 4 The European Commission offers an online dispute resolution (ODR) platform, which you can find here: https://ec. Europe. eu/consumers/odr/. In the future, consumers will be able to file claims against online retailers to initiate out-of-court dispute resolution procedures. POWEROAK GmbH is neither willing nor obliged to participate in dispute resolution procedures.
10. 1 For contracts between supplier and customers, the law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods. The legal provisions regarding the restriction of the choice of applicable law and the applicability of mandatory provisions, in particular the country in which the customer has his habitual residence as a consumer, remain unaffected.
10. 2 If the customer is a trader, a legal person under public law or a special estate under public law, the competent jurisdiction for all disputes arising from contractual relations between the customer and the provider will be the registered office of the provider.
10. 3 Even if some provisions of the contract are legally ineffective, the other parts of the contract will remain binding. Instead of ineffective provisions, statutory provisions will apply, if available. However, if this would place an excessive burden on one of the parties, the entire contract would lose its validity.
10. 4 The European Commission offers an online dispute resolution (ODR) platform, which you can find here: https://ec. Europe. eu/consumers/odr/. In the future, consumers will be able to file claims against online retailers to initiate out-of-court dispute resolution procedures. POWEROAK GmbH is neither willing nor obliged to participate in dispute resolution procedures.
