§ 1 General
- The following General Terms and Conditions apply to all contracts between us (FlowaPowa GmbH, Mahlower Str. 28, 15806, Zossen, represented by Tim Kochler and Tobias Leichtle; hereinafter FlowaPowa) and the customer, which are concluded via this online store and further sales channels of FlowaPowa. These General Terms and Conditions shall also apply to orders placed by FlowaPowa GmbH with entrepreneurs. The version valid at the time of the conclusion of the contract shall be decisive in each case.
- These General Terms and Conditions shall apply mutatis mutandis to contracts for the delivery of vouchers, unless otherwise expressly stipulated.
- Customers are consumers in the sense of § 13 BGB and entrepreneurs in the sense of §14 BGB.
Deviating, conflicting or supplementary general terms and conditions shall not become part of the contract, even if known, unless their validity is expressly agreed in writing.
- The contract language is German.
§ 2 Conclusion of contract
- The conditions for our goods in our online store are subject to change and non-binding. Our presentation of goods in our online store does not constitute a legally binding offer, but a non-binding invitation to the customer to make us an offer to conclude a purchase contract by placing an order. We reserve the right to make technical and other changes in form, color or weight within the bounds of what is reasonable.
- The confirmation of receipt of the order by e-mail does not constitute an acceptance, but only informs the customer that his order has been received by FlowaPowa.
has received the order. The receipt of an order by telephone does not constitute a binding acceptance by FlowaPowa. Acceptance of the order shall be effected by shipment of the goods or, in case of advance payment, by request for payment by e-mail and, in case of payment with cryptocurrencies, by request for payment immediately after the order has been placed. In case of cryptocurrencies, the full payment of the order must be made within one hour (1h).
- FlowaPowa accepts the contractual offer contained in the order within two weeks.
- FlowaPowa is entitled to limit the order to a household quantity.
- FlowaPowa reserves the right not to accept offers.
§ 3 Correction notice
- During the ordering process, the customer first places the selected goods in the shopping cart. There, the desired number of items can be adjusted or goods deleted at any time.
- If goods are stored in the shopping cart, clicking on the “Checkout” button takes the customer to a page where he can enter his data and select shipping and payment method. Input errors can be corrected at any time by clicking on the respective input field.
- If the ordering process is to be cancelled completely, the browser can simply be closed.
- If the ordering process is to be continued, a binding offer within the meaning of § 2 No. 1 of these GTC is submitted after clicking the button “Buy now”.
§ 4 Storage of the contract text
1. The storage with details of the ordered goods including the GTC and the cancellation policy will be sent to the customer by e-mail after the order. A storage of the contract terms by us does not take place.
§ 5 Delivery and shipping conditions, transfer of risk
- The delivery area includes the Federal Republic of Germany.
- The delivery of goods shall be made by shipping to the delivery address specified by the Purchaser, unless otherwise agreed. In case of an order via FlowaPowa’s online order form, the delivery address specified in the online order form shall be decisive. Notwithstanding the above, if the payment method PayPal is selected, the delivery address provided by the Purchaser to PayPal at the time of payment shall be decisive.
- In the case of goods delivered by a forwarding company, delivery shall be made “free curbside”, i.e. to the nearest public curbside to the delivery address, unless otherwise stated in the shipping information in FlowaPowa’s online store and unless otherwise agreed.
- If the shipping company returns the shipped goods to the Seller because delivery to the Purchaser was not possible, the Purchaser shall bear the costs for the unsuccessful shipment. This shall not apply if the Purchaser effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the offered service, unless FlowaPowa had given him reasonable advance notice of the service.
- If the Purchaser is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the Purchaser as soon as FlowaPowa has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.
- If the Purchaser is a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall not pass to the Purchaser until the goods are handed over to the Purchaser or a person authorized to receive them. The risk of accidental loss and accidental deterioration of the goods sold shall pass to the Purchaser as soon as FlowaPowa has handed over the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if the Purchaser has commissiond the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the Customer has not previously notified FlowaPowa of this person or institution.
- FlowaPowa reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery.
- In cases where FlowaPowa offers self-collection as a shipping method, the Seller shall first inform the Customer by e-mail that the goods ordered by the Customer are ready for collection. Upon receipt of this e-mail, the Customer may pick up the goods in 12309 Tempelhof- Schöneberg in Berlin during the opening hours, see “Shipping and Delivery Conditions” at https://flowapowa.de/versand-lieferbedingungen/.
- The Seller may determine the method of shipment, the shipping route and the company entrusted with the shipment at its discretion, unless the Customer gives express instructions.
- Partial deliveries by the Seller are permissible insofar as they are reasonable for the Purchaser.
§ 6 Prices, payment
- The price stated in our online store is binding. All prices are in euros and include statutory sales tax. In the case of a mail-order purchase, the price shall be understood to be plus a flat-rate shipping charge in accordance with § 5 of the General Terms and Conditions.
- The customer can choose to pay in advance, PayPal (including credit card, giro-pay, Klarna, SEPA direct debit), cryptocurrencies or cash on collection. The company FlowaPowa reserves
reserves the right to exclude individual payment methods. The credit card will be charged on the day of the order. For orders in which only vouchers are used, payment by cash on delivery is excluded.
- If payment is not made within the prescribed time for orders in which the payment method cryptocurrencies was selected, FlowaPowa reserves the right to reject the offer.
- There is no minimum order value.
- Ist Vorauskasse per Banküberweisung vereinbart, ist die Zahlung sofort nach Vertragsabschluss fällig, sofern die Parteien keinen späteren Fälligkeitstermin vereinbart haben.
- Rückerstattungen des Kaufpreises erfolgen, soweit möglich, auf dem gleichen Zahlungsweg, wie die Zahlung durch den Besteller an den Verkäufer geleistet wurde. Bei Zahlung
per Kryptowährung ist der Kaufpreis in EURO maßgebend und wird zum Zeitpunkt der Rückerstattung in die vom Besteller beim Kauf gewählte Kryptowährung umgerechnet. Unmittelbar nach Rückerstattung des Kaufpreises in der entsprechenden Kryptowährung wird der Kunde per E-Mail informiert.
§ 7 Shipping costs
- The customer bears the cost of shipping from the place of FlowaPowa’s establishment.
- The shipping costs can be viewed at https://flowapowa.de/versand-lieferbedingungen/.
§ 8 Revocation for purchases
- The right of withdrawal applies only to consumers.
- Cancellation policy: You have the right to cancel this contract within 14 days without giving any reason. The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods. To exercise your right of withdrawal, you must send us (FlowaPowa GmbH, Mahlower
Str. 28, 15806 Zossen, firstname.lastname@example.org, Tel: 017657896038) of your decision to revoke this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the attached sample withdrawal form for this purpose, but it is not mandatory. You can also fill out and submit the model withdrawal form or another clear declaration electronically on our website (www.flowapowa.de). If you make use of this option, we will send you confirmation of receipt of such revocation without delay (e.g. by e-mail). To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Consequences of cancellation:
If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than 14 days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any case no later than 14 days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of 14 days. You shall bear the direct costs of returning the goods. The costs depend on the product and are estimated at about 10 EUR for products similar to FlowaOne. You must pay for any loss in value of the goods only if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
§ 9 Warranty
- The warranty towards consumers shall be governed by the statutory provisions.
- The warranty period for delivered goods vis-à-vis entrepreneurs is 12 months.
§ 10 Limitation of liability
- Subject to the following exceptions, our liability for breaches of contractual obligations and for tortious acts shall be limited to intent or gross negligence.
- We shall be liable without limitation in cases of slight negligence in the event of injury to life, limb or health or in the event of breach of a material contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible or if we have breached a material contractual obligation, our liability for material damage and financial loss resulting therefrom shall be limited to the damage typically foreseeable under the contract. An essential contractual obligation is an obligation the fulfillment of which makes the proper execution of the contract possible in the first place, the violation of which endangers the achievement of the purpose of the contract and the compliance with which you may regularly rely on.
§ 11 Retention of title
- The delivered goods shall remain the property of FlowaPowa until full payment has been made by the customer.
- The customer is obligated to treat the goods with care during the existence of the retention of title. If maintenance and inspection work is required, the customer shall perform such work regularly at its own expense. The Customer shall immediately notify FlowaPowa in text form of any access to the goods by third parties, in particular of enforcement measures, as well as of any damage to or destruction of the goods. The customer shall immediately notify a change of ownership of the goods as well as his own change of address. The Customer shall compensate FlowaPowa for all damages and costs resulting from a violation of these obligations and from necessary intervention measures against third party access to the goods.
- FlowaPowa shall be entitled to withdraw from the contract and demand the return of the goods in the event that the Customer acts in breach of the contract, in particular in the event of default in payment. In addition, FlowaPowa shall be entitled to withdraw from the contract and demand return of the goods in the event of a breach of an obligation pursuant to § 11 (2) if it is no longer reasonable to expect the Customer to adhere to the contract. The customer shall bear the costs of shipment from the place of FlowaPowa’s branch office.
§ 12 Dispute participation
- The EU Commission provides an online platform for online dispute resolution (ODR platform). You can access this via the following link: https://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform for the settlement of their disputes.
- We are not willing to participate in an out-of-court dispute resolution procedure.
We are not obligated or willing to participate in a consumer dispute resolution procedure in accordance with the German Consumer Dispute Resolution Act (VSBG).
§ 13 Jurisdiction and applicable law
- The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
- If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be Potsdam. The same shall apply if the customer does not have a general place of jurisdiction in Germany or if the customer’s place of residence or habitual abode is unknown at the time the action is brought.
- Should individual provisions of the contract with the Customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.