General Terms and Conditions (B2C)
These Terms and Conditions apply to consumers, the withdrawal policy, the model withdrawal form, and include implementation guidance for online and direct sales.
Part 1 contains the Consumer Terms.
Part 2 contains the Withdrawal Policy for the sale of goods.
Part 3 contains the Model Withdrawal Form.
Part 4 contains implementation guidance.
Part 1 · Consumer Terms
1. Scope
1.1 These General Terms and Conditions apply to contracts between InstantVOLT-Energy GmbH, Kersenbrockallee 67, 33104 Paderborn – hereinafter referred to as the “Seller” – and consumers within the meaning of Section 13 of the German Civil Code (BGB) – hereinafter referred to as the “Customer” – concerning the sale of movable goods.
1.2 A consumer within the meaning of these terms is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity.
1.3 Separate B2B terms and conditions of the Seller apply exclusively to contracts with businesses.
2. Conclusion of Contract
2.1 The presentation of products, price details, and product information does not constitute a legally binding offer, but rather an invitation to place an order.
2.2 By placing an order, the Customer submits a binding offer to conclude a purchase contract.
2.3 The contract is concluded only when the Seller expressly confirms the order or dispatches the goods to the Customer.
2.4 The contract text and order data will be made available to the Customer to the extent required by law.
3. Product Characteristics and Limitations of Use
3.1 The agreed characteristics of the goods are exclusively those expressly stated in the relevant offer, the order confirmation, and the product description supplied with the product.
3.2 Information relating to performance, service life, charging behavior, range, efficiency, compatibility, operating time, or other technical parameters applies only under the stated or technically required conditions.
3.3 Deviations resulting from actual use, ambient temperature, connection conditions, power supply conditions, method of operation, maintenance, or other external influences do not constitute a defect, provided that the goods do not deviate from the agreed characteristics.
4. Prices, Shipping and Delivery
4.1 The total prices stated at the time of the order shall apply, including statutory VAT.
4.2 Any additional delivery, shipping, or other ancillary costs will be clearly communicated to the Customer before the order is placed.
4.3 Delivery times are specified in the respective offer or in the order confirmation.
4.4 Partial deliveries are permitted insofar as they are reasonable for the Customer.
4.5 If an ordered product cannot be delivered for reasons beyond the Seller’s control, the Customer will be informed immediately. Any payments already made will be refunded without delay.
5. Retention of Title
5.1 The delivered goods remain the property of the Seller until full payment has been made.
6. Right of Withdrawal
6.1 If the Customer has a statutory right of withdrawal in the case of an off-premises contract or a distance contract, the separately provided withdrawal policy and model withdrawal form shall apply.
6.2 The withdrawal policy and the model withdrawal form form part of the Seller’s consumer information.
6.3 In the case of services or installation services that are to begin before the expiry of the withdrawal period at the Customer’s express request, the Seller will inform the Customer in advance of the applicable legal requirements and possible legal consequences.
7. Payment
7.1 The available payment methods will be displayed to the Customer before completion of the ordering process.
7.2 The purchase price is due upon conclusion of the contract, unless otherwise provided in the ordering process or in the order confirmation.
8. Warranty and Guarantees
8.1 Consumers are entitled to the statutory rights in the event of defects.
8.2 A guarantee exists only if it has been expressly declared as such. Statutory rights of the Customer are not limited by a guarantee.
9. Liability
9.1 The Seller shall have unlimited liability in cases of intent and gross negligence, in the event of culpable injury to life, body, or health, and under the provisions of the German Product Liability Act.
9.2 In the event of a slightly negligent breach of essential contractual obligations, the Seller shall be liable only for the typical and foreseeable damage.
9.3 In all other cases, the Seller shall be liable for slight negligence only to the extent required by law.
10. Installation or Additional Services
10.1 If additional services such as standard installation, commissioning assistance, or instruction are agreed in addition to the sale of goods, the type and scope of these services shall be determined exclusively by the respective offer or the order confirmation.
10.2 The Customer must provide in good time the conditions necessary for the performance of such services, in particular access options, suitable connection conditions, and a safe working environment.
10.3 Larger-scale installation, conversion, or individualized project services are not provided solely on the basis of these Consumer Terms, but on the basis of separate contractual documentation.
11. Final Provisions
11.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods, unless mandatory consumer protection provisions provide otherwise.
11.2 Should any provision of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.
Part 2 · Withdrawal Policy
Withdrawal Policy
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 goods.
To exercise your right of withdrawal, you must inform us (InstantVOLT-Energy GmbH, Kersenbrockallee 67, 33104 Paderborn, Email: swetlana.majorow@instantvolt-energy.com) of your decision to withdraw from this contract by means of a clear statement (for example, a letter sent by post or an email). You may use the attached model withdrawal form for this purpose, although this is not mandatory.
To meet the withdrawal deadline, it is sufficient that you send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (except for any additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we received notice of your withdrawal from this contract.
We will use the same means of payment for this reimbursement as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this reimbursement.
We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is earlier.
You must 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.
You shall bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Part 3 · Model Withdrawal Form
Model Withdrawal Form
(If you wish to withdraw from the contract, please complete this form and return it.)
To:
InstantVOLT-Energy GmbH
Kersenbrockallee 67
33104 Paderborn
Email: swetlana.majorow@instantvolt-energy.com
Declaration of Withdrawal
I/We (*) hereby withdraw from 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.
Part 4 · Brief Implementation Guidance for Online and Direct Sales
1. Separation of Documents
1.1 Consumer documentation should be kept organizationally separate from B2B documentation.
1.2 For the online shop or digital sales processes, only the consumer package should be used whenever sales are made to end customers.
2. Online Sales
2.1 Before the order is placed, product features, total price, shipping costs, delivery conditions, payment methods, withdrawal information, and consumer terms and conditions must be clearly accessible.
2.2 The withdrawal policy and the model withdrawal form should be provided to the customer after the contract has been concluded on a durable medium, for example by email as a PDF or as part of the order attachment.
2.3 The ordering system used should be designed linguistically and technically so that the customer clearly understands before placing the order that a payment obligation is triggered.
3. Direct Sales / Off-Premises Sales
3.1 In the case of contracts concluded outside business premises, the consumer should be provided in good time and in an appropriate manner with the contract information, consumer terms and conditions, withdrawal policy, and model withdrawal form.
3.2 Where legally required, the provision of these documents should be documented on paper or on another durable medium.
4. Installation and Project Business with Consumers
4.1 As soon as individual planning, extensive installation, conversion, or permanent integration into buildings is added to the sale of goods, these documents alone should not be used.
4.2 In such cases, a separate consumer contract with project-specific service descriptions, technical requirements, acceptance arrangements, withdrawal logic, and separate legal review is recommended.
