Terms and Conditions (T&C)
1 Scope of Application
(1) These General Terms and Conditions of Sale (hereinafter referred to as “GTC”) apply to all contracts concluded via our online shop between us,
Greenfuture GmbH
Schrecken 390
6883 Au
Austria
Email: office@green-future.at
Management
Tobias Sohm (CEO)
Fabian Sohm (CEO)
Company Register: Regional Court of Feldkirch, FN 607727 t
VAT ID: ATU79614767
and you as our customer. The GTC apply irrespective of whether you are a consumer, entrepreneur, or merchant.
(2) All agreements made between you and us in connection with the purchase contract result, in particular, from these Terms of Sale, our written order confirmation, and our declaration of acceptance.
(3) The version of the GTC valid at the time the contract is concluded shall be decisive.
(4) We do not accept any differing terms and conditions of the customer. This shall also apply if we do not expressly object to their inclusion.
2 Conclusion of Contract
(1) The presentation and promotion of items in our online shop do not constitute a binding offer to conclude a purchase contract.
(2) By submitting an order via the online shop by clicking the button “Order with obligation to pay”, you submit a legally binding order. You are bound to the order for a period of two (2) weeks after placing it; your statutory right of withdrawal pursuant to § 3 remains unaffected.
(3) We will promptly confirm receipt of your order placed via our online shop by email. Such an email does not yet constitute a binding acceptance of the order unless it explicitly declares acceptance in addition to confirming receipt.
(4) A contract is only concluded when we accept your order either by issuing a declaration of acceptance or by delivering the ordered goods.
(5) Orders for deliveries abroad can only be considered from a minimum order value. The applicable minimum order value can be found in the price information provided in our online shop.
(6) Should delivery of the goods you ordered not be possible — for example, because the item is not in stock — we will refrain from issuing a declaration of acceptance. In this case, no contract is concluded. We will inform you immediately and refund any payments already received without delay.
3 Right of Withdrawal
(1) If you are a consumer (i.e., a natural person who places the order for purposes that are predominantly neither commercial nor self-employed), you are entitled to a right of withdrawal in accordance with the statutory provisions.
(2) If you exercise your right of withdrawal as a consumer pursuant to paragraph 1, you shall bear the regular costs of returning the goods.
(3) In all other respects, the regulations regarding the right of withdrawal apply as reproduced below:
Instructions on Withdrawal
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 designated by you, who is not the carrier, have taken possession of the goods.
To exercise your right of withdrawal, you must inform us [insert name of the company, address, and, where available, telephone number, fax number, and email address] of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). You may use the attached model withdrawal form, but this is not mandatory. You may also fill out and submit the model withdrawal form or any other unequivocal statement electronically via our website (insert Internet address). If you use this option, we shall immediately (e.g., by email) send you confirmation of receipt of such a withdrawal.
To meet the withdrawal deadline, it is sufficient that you send your communication concerning the 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 (except for any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us), without undue delay and in any event no later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. For this refund, we will use the same means of payment as you used for the initial transaction, unless expressly agreed otherwise; in no case will you be charged fees for this refund.
We may withhold the refund until we have received the goods back or you have supplied evidence of having sent the goods back, whichever is earlier.
You must return or hand over the goods to us or to (insert name and address of the person authorized by you to receive the goods) without undue delay and in any event no later than fourteen days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You 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.
– End of Withdrawal Instructions –
(4) The right of withdrawal does not exist for distance contracts:
(a) for the delivery of goods that are made to the consumer’s specifications or are clearly personalized, or which by their nature are not suitable for return, may deteriorate rapidly, or whose expiry date would be exceeded;
(b) for the delivery of audio or video recordings or computer software if you have unsealed the data carrier after delivery.
4 Terms of Delivery and Reservation of Advance Payment
(1) We are entitled to make partial deliveries, insofar as this is reasonable for you.
(2) For orders from customers whose place of residence or business is abroad, or in cases where there are justified indications of a risk of payment default, we reserve the right to deliver only after receipt of payment of the purchase price plus shipping costs (advance payment reservation). Should we exercise the right of advance payment, we will inform you immediately. In this case, the delivery period shall begin upon payment of the purchase price and shipping costs.
5 Prices and Shipping Costs
(1) All price quotations in our online shop are gross prices including statutory value-added tax (VAT), if applicable, and are exclusive of any applicable shipping costs.
(2) By applying the zero VAT rate (§ 12 para. 3 Austrian VAT Act – UStG), you declare that you meet the statutory requirements for applying this zero rate (§ 12 para. 3 UStG) for the specific purchase. By doing so, you confirm that you are the operator of the photovoltaic system and that it is installed on or in connection with a qualifying building, or that the installed gross capacity of the photovoltaic system, according to MAStR, does not exceed or will not exceed 30 kW (peak).
Should an external audit determine that the conditions for the zero VAT rate were not met, the applicable VAT will be subsequently charged.
(3) The shipping costs are specified in our price information provided in the online shop. The total price, including VAT and any applicable shipping costs, will also be displayed in the order form before you submit your order.
(4) If we fulfill your order pursuant to § 4 para. 1 by means of partial deliveries, you will only be charged shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
(5) If you effectively withdraw from the contract in accordance with § 3, you may request reimbursement of the costs already paid for delivery to you (outbound shipping costs) under the statutory provisions (see § 3 para. 3 for further consequences of withdrawal).
(6) Section 28 para. 62 Austrian VAT Act (UStG 1994) provides that, for deliveries, intra-Community acquisitions, imports, and installations of photovoltaic modules, no VAT will be levied for a limited period beginning 1 January 2024 (so-called “zero VAT rate” or “genuine VAT exemption”).
The condition is that the total capacity of the photovoltaic system does not exceed 35 kW (peak) and that the system is operated by the owner in or near certain buildings.
Another condition is that no application for an investment grant under the Renewable Expansion Act (EAG), Federal Law Gazette I No. 150/2021 as amended, has been submitted for the respective photovoltaic system by 31 December 2023.
Should it turn out that the order does not meet these criteria upon independent verification, the customer shall be liable for providing incorrect information.
6 Terms of Payment, Set-off, and Right of Retention
(1) The purchase price and shipping costs must be paid no later than two (2) weeks after receipt of our invoice.
(2) You may pay the purchase price and shipping costs, at your option, by transferring the amount to our account specified in the online shop, by granting us a direct debit authorization, or by payment via EC/Maestro or credit card.
In the case of a direct debit authorization or payment by EC/Maestro or credit card, we will charge your account no earlier than the date specified in paragraph 1.
A granted direct debit authorization shall also remain valid for further orders until revoked.
(3) You are not entitled to offset our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to set off our claims if you assert complaints or counterclaims arising from the same purchase contract.
(4) As the buyer, you may exercise a right of retention only if your counterclaim arises from the same purchase contract.
Advance Payment
When selecting the payment method “advance payment”, we will provide our bank details in a separate email and deliver the goods after receipt of payment.
Payment via SOFORT / Instant Bank Transfer
When selecting the payment method “SOFORT / Instant Bank Transfer”, payment is processed via the payment service provider Sofort GmbH (Theresienhöhe 12, 80339 Munich, Germany; “SOFORT”).
Sofort GmbH is a company of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden).
To use the SOFORT payment method, you must have an activated online banking account. During the payment process within the order, you must authenticate yourself and confirm the payment instruction to SOFORT. Your bank account will be debited immediately after placing the order.
Further information about SOFORT can be found at: https://www.klarna.com/sofort/
PayPal Plus
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There, you can enter your payment details, confirm the use of your data by PayPal, and authorize the payment instruction to PayPal.
If you choose the payment method “PayPal”, you must be registered with PayPal or register first and authenticate yourself with your access data.
The payment transaction will be carried out automatically by PayPal immediately after confirmation of the payment instruction.
Further information will be provided during the order process.
If you choose the payment method “credit card”, you do not need to be registered with PayPal.
The payment transaction will be executed by your credit card company upon PayPal’s request after confirmation of the payment instruction and your authentication as the legitimate cardholder, and your card will be charged.
Further information will be provided during the order process.
If you choose the payment method “invoice”, you do not need to be registered with PayPal.
After a successful address and credit check and completion of the order, we assign our claim to PayPal. In this case, you may make payments with debt-discharging effect only to PayPal.
For payment processing via PayPal, the Terms and Conditions and Privacy Policy of PayPal apply in addition to our GTC.
Further information and the full PayPal Terms and Conditions for invoice purchases can be found here:
https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE
7 Retention of Title
The delivered goods remain our property until full payment of the purchase price has been made.
8 Warranty
(1) We are liable for material or legal defects in delivered goods in accordance with the applicable statutory provisions. Furthermore — with reference to § 377 para. 1 of the Austrian Commercial Code (UGB) — the appropriate period for giving notice of defects is set at one week from delivery of the goods.
The statutory limitation period for claims based on defects is two years and begins upon delivery of the goods.
(2) Any seller’s warranties granted by us for certain items or manufacturer’s warranties granted by the manufacturers of certain items shall exist alongside the statutory claims for material or legal defects within the meaning of paragraph 1.
Details of the scope of such warranties can be found in the warranty terms enclosed with the respective items, where applicable.
9 Liability
(1) We shall be liable to you in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(2) In all other cases — unless otherwise provided for in paragraph 3 — we shall be liable only in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you, as the customer, may regularly rely (so-called cardinal obligation).
In such cases, liability is limited to compensation for the foreseeable and typical damage.
In all other cases, our liability — subject to paragraph 3 — is excluded.
In particular, we shall not be liable for lost feed-in remuneration (Einspeisevergütung), unless this was caused by our intentional or grossly negligent behavior.
(3) Our liability for damages resulting from injury to life, body, or health, and under the Austrian Product Liability Act (Produkthaftungsgesetz), remains unaffected by the foregoing limitations and exclusions of liability.
10 Copyrights
We hold the copyrights to all images, films, and texts published in our online shop.
Any use of these images, films, or texts without our express consent is not permitted.
11 Applicable Law and Place of Jurisdiction
(1) The law of the Republic of Austria shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
If you placed the order as a consumer and your habitual residence at the time of the order is in another country, the mandatory legal provisions of that country shall remain unaffected by this choice of law.
(2) If you are a merchant and your registered office at the time of the order is located in Austria, the exclusive place of jurisdiction shall be the registered office of the seller in Nettetal.
In all other respects, the applicable statutory provisions shall apply to local and international jurisdiction.
(3) Dispute Resolution:
The European Commission has established an online platform for the out-of-court resolution of disputes. This platform serves as a point of contact for the out-of-court settlement of disputes arising from contractual obligations of online purchase agreements.
Further information is available at the following link: http://ec.europa.eu/consumers/odr
