AGB

**Terms and Conditions and Customer Information**  

**EnergieMind**

### I. Terms and Conditions

#### 1. Scope, Definitions

1.1. The following Terms and Conditions (hereinafter referred to as "T&Cs") apply to all contracts concluded between you (hereinafter referred to as "Buyer") and EnergieMind (hereinafter referred to as "Seller") for the sale and, if applicable, installation of goods.

1.2. Unless otherwise agreed, the inclusion of the Buyer's own terms and conditions is rejected, unless explicitly accepted in writing.

1.3. The Seller's offer is addressed to both consumers and businesses. A consumer within the meaning of these provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. A business is any natural or legal person, or a partnership with legal capacity, who, at the time of entering into a legal transaction, is acting in the exercise of their commercial or self-employed professional activity.

#### 2. Subject of the Contract

The specific subject of the contract is derived from the Seller's offer and these T&Cs.

#### 3. Conclusion of Contract

3.1. The Seller’s offers on the Internet are non-binding and do not constitute a binding offer to conclude a contract.

3.2. Inquiries by the Buyer for the creation of an offer are made via a contact form on the Seller’s website and are non-binding. The Seller will then contact the Buyer by phone to discuss details about the goods and possible installation services. The Seller will present a binding offer to the Buyer in text form (e.g., via email), which the Buyer can accept within 7 days.

3.3. The conclusion of the contract and its execution are handled via email and may be automated. Therefore, the Buyer must ensure that the email address provided to the Seller is correct, and that the receipt of emails is technically ensured and not blocked by spam filters.

#### 4. Right of Retention, Prohibition of Assignment

4.1. The customer may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.

4.2. The assignment of claims against the Seller to third parties is only possible with written consent.

4.3. The right of offset is only available to the customer if their counterclaims are legally established, undisputed, recognized by the Seller, or are synallagmatically linked to the Seller’s primary claim.

4.4. Ownership of any goods remains with the Seller until full payment of the agreed price. Ownership will only transfer to the Buyer once all claims from the ongoing business relationship have been fully settled.

#### 5. Warranty

5.1. Unless otherwise stated below, statutory rights for defects apply.

5.2. Sale of Goods and Services  

Where the subject of the contract is the sale of goods, the following provisions apply:

5.2.1. Only the Seller’s own specifications and the manufacturer’s product description are considered agreed upon as the quality of the goods, excluding any public promotions or statements by the manufacturer.

5.2.2. The Buyer is obliged to examine the goods immediately and with due diligence for quality and quantity discrepancies and to notify the Seller of obvious defects in writing within seven days of receipt of the goods. Timely dispatch of the notification is sufficient for compliance with the deadline. This also applies to hidden defects discovered later from the time of discovery. Failure to comply with the obligation to examine and notify excludes any warranty claims.

5.2.3. In the event of defects, the Seller may, at their discretion, provide warranty through repair or replacement. If the rectification fails, the Buyer may, at their discretion, request a reduction in price or withdraw from the contract. Rectification is deemed failed after the second unsuccessful attempt unless otherwise indicated by the nature of the item, the defect, or the circumstances. In the event of repair, the Seller is not obliged to bear the additional costs arising from transporting the goods to a location other than the place of performance, provided that the transportation is not in line with the intended use of the goods.

5.2.4. The warranty period is one year from the delivery of the goods. The shortened warranty period does not apply to damages caused by culpable injury to life, body, or health attributable to the Seller, nor to damages caused by gross negligence or intent, or fraud, and does not affect claims for recourse according to sections of the **UK Consumer Rights Act**.

5.3. Provision of Work Services  

Where the subject of the contract is the provision of work services, such as the installation of products, the following provisions apply:

5.3.1. Only the Seller’s own specifications and the parties’ agreements are considered the quality of the work.

5.3.2. The Buyer is obliged to examine the work immediately for quality deviations and to notify the Seller of obvious defects in writing within seven days. Failure to comply excludes warranty claims. The provisions of the **Sale of Goods Act 1979** remain unaffected.

5.3.3. In the event of defects, the Seller may, at their discretion, provide warranty through repair or replacement. If the rectification fails, the Buyer may, at their discretion, request a reduction in price or withdraw from the contract.

5.3.4. The warranty period is one year from delivery of the work.

5.3.5. The shortened warranty period does not apply to damages caused by culpable injury to life, body, or health attributable to the Seller, nor to damages caused by gross negligence or intent, or fraud, and does not affect claims for recourse according to sections of the **UK Consumer Rights Act**.

#### 6. Liability

6.1. The Seller is fully liable for damages resulting from injury to life, body, or health. Further, they are liable without limitation in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, or in cases of a guarantee for the condition of the purchased item, and in all other legally regulated cases.

6.2. The liability for defects within the scope of statutory warranty is based on the respective provision in the Customer Information (Part II) and Terms and Conditions (Part I).

6.3. For breaches of material contractual obligations, the Seller’s liability for slight negligence is limited to foreseeable damage typical of the contract. Material contractual obligations are essential obligations arising from the nature of the contract, whose violation would endanger the achievement of the contract’s purpose.

6.4. For breaches of minor contractual obligations, liability is excluded for slight negligence.

#### 7. Legal Framework, Place of Performance, Jurisdiction

7.1. **British law** shall apply first, followed by applicable **EU law**.

7.2. The provisions of the **UN Convention on Contracts for the International Sale of Goods (CISG)** do not apply.

7.3. The place of performance for all obligations and the jurisdiction is the Seller’s place of business, unless the Buyer is a consumer, in which case consumer protection laws will apply.

### II. Customer Information

#### 1. Identity of the Seller

EnergieMind  

T.V.K. Solar & Renewable Energy LTD  

33C Lansdowne Street

PO5 4BA - Southsea - Portsmouth  

Hampshire

United Kingdom  

Email: info@energiemind.com

The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at https://ec.europa.eu/odr.

#### 2. Information on Conclusion of the Contract

The technical steps for concluding the contract, the conclusion of the contract itself, and correction options are carried out according to section 3 of the Terms and Conditions (Part I).

#### 3. Contract Language, Storage of the Contract Text

3.1. The contract language is English.

3.2. The full contract text will not be stored by the Seller.

3.3. For offer inquiries, the customer will receive all contract data within the scope of a binding offer via email, which they can print or save electronically.

#### 4. Main Features of the Goods or Services

The main features of the goods and/or services can be found in the Seller’s offer and supplementary information on the Seller’s website.

#### 5. Prices and Payment Terms

5.1. The prices listed in the respective offers, as well as the shipping costs, represent total prices. They include all price components, including all applicable taxes.

5.2. The shipping costs are not included in the purchase price unless otherwise stated and are displayed separately. The customer is responsible for covering these costs unless free shipping is offered.

5.3. The available payment methods are listed in the respective offer.

5.4. Unless otherwise stated for the specific payment method, payment claims arising from the concluded contract are due immediately.

#### 6. Delivery Conditions

6.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found in the respective offer.

6.2. If the Buyer is a business, delivery and shipping are at their own risk.

#### 7. Legal Warranty Rights

Warranty claims for goods and services are governed by the provision "Warranty" in the Terms and Conditions (Part I).