Terms and Conditions
1. General and Scope
The following General Terms and Conditions apply to all contracts concluded between OneStep.Solar Sp. z o.o., ul. Chmielna 73B/14, 00-801 Warsaw, Poland, represented by Managing Director Mr. Robert Pabierowski, email: kontakt@onestep.solar, phone: +498000010465, VAT ID: PL5273027756, REGON: 52366624000000 (hereinafter referred to as "the Seller") and the buyer for the delivery of goods by distance selling via www.onestep.solar. Conditions of the buyer that contradict or deviate from these General Terms and Conditions are not recognized by the Seller and are hereby expressly contradicted. Deviating general terms and conditions of the buyer, supplementary agreements, and/or side agreements are only valid if expressly agreed to by the Seller.
These terms and conditions contain specific regulations for consumers and entrepreneurs.
Consumer is defined according to § 13 BGB as any natural person who concludes a legal transaction for purposes that predominantly are outside their commercial or independent professional activity.
Entrepreneur is defined according to § 14 BGB as a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction. A partnership with legal capacity is a partnership capable of acquiring rights and incurring liabilities.
2. Offer and Conclusion of Contract
2.1 The presentation of products in the online shop is not a legally binding offer, but merely an invitation to place an order. These are so-called catalogue offers. The buyer can place one or more products in the virtual shopping cart. Once the shopping cart is opened, the buyer is in the checkout window.By entering the personal information required for the order and other information necessary for the execution of the order, the buyer submits a binding order for the goods listed on the order page by clicking the button “Order with obligation to pay”. The seller immediately confirms the receipt of the order by email. This order confirmation does not yet represent a binding acceptance of the order. The purchase contract is concluded when we confirm your order by a shipping confirmation via email.2.2 The contract text is stored on our internal systems. You can view the General Terms and Conditions at any time on this page at https://shop.onestep.solar/en/terms.html. A summary of the order, the terms and conditions, and the cancellation policy are sent to the buyer with the order confirmation by email.
3. Prices
3.1 The prices stated by the Seller are inclusive of the applicable statutory value-added tax for deliveries within Germany and are ex-works.3.2 If the buyer makes use of the reduced tax rate (zero tax rate) according to § 12 Abs. 3 UStG, he assures that he meets the necessary legal requirements, in particular:
- being the operator of the ordered photovoltaic system and
- installing the photovoltaic system either on or near private apartments, flats, or public and other buildings serving the public good, or
- ensuring that the installed gross capacity of the photovoltaic system according to the Market Master Data Register (MaStR) does not exceed 30 kilowatts (peak) or will not exceed.Should the information leading to a reduced tax rate later prove to be untrue, the Seller reserves the right to invoice and correct retrospectively.3.3 Additionally, shipping costs as specified will apply when the goods are dispatched. These can be accessed by clicking the link “plus shipping costs” for the respective offer and also under the category at https://shop.onestep.solar/en/delivery.html.
4. Delivery
4.1 Delivery times can be found in the respective product information. Goods will be prepared for shipment only after payment has been received and then dispatched. Unless otherwise stated in the product description, the delivery time is up to 10 working days. Unless a different delivery address is specified, we will send the ordered goods to the provided billing address. If the buyer wishes to receive the goods at a different time or outside the regular delivery times, he should contact the seller's customer service in advance.
4.2 Goods are shipped from Poland. Delivery of goods within the territory of the Federal Republic of Germany is carried out by the transport company Hermes Einrichtungs Service GmbH & Co.KG, Albert-Schweitzer-Straße 33, 32584 Löhne, Germany.
4.3 If the transport company returns the shipped goods to the Seller due to non-delivery, the buyer bears the costs for the unsuccessful shipment. This does not apply if the buyer 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 performance, unless the Seller had announced the performance a reasonable time in advance.
4.4 The Seller is entitled to make partial deliveries, as long as this is reasonable for the buyer. In the case of consumers, this also applies only if the partial delay or partial delivery does not result in the loss of interest in the entire contract. In the event of a dispute, the burden of proof for this, as well as for the reasonableness, lies with the Seller. Additional shipping costs will only apply in the case of partial deliveries if this has been expressly agreed. A partial delivery in the sense of these terms and conditions always refers only to the delivery of an order in several partial shipments/pieces. The Seller is not entitled to other partial services without prior express agreement with the buyer.
4.5 If the buyer is a consumer, the Seller bears the shipping risk in any case, regardless of the shipping method, unless the buyer has commissioned the forwarder, carrier, or the person or institution otherwise intended to execute the shipment, without the Seller having previously named this person or institution. If goods are delivered with obvious transport damage, the buyer is asked to contact the Seller immediately using the email address provided above under number 1.
4.6 If the buyer is an entrepreneur, all risks and dangers of the shipment pass to the buyer as soon as the goods have been handed over to the logistics partner commissioned by the Seller.
5. Payment
5.1 The Seller uses the payment service provider Stripe, Stripe, Inc., 354 Oyster Point Blvd, South San Francisco, CA 94080, USA, for processing and managing payments. The payment service provider offers various payment methods. Should one of the payment methods temporarily not be available, this lies solely within the discretion of the respective payment service provider. The Seller assumes no liability for the availability of payment methods. For each of these payment methods, payment is due immediately upon conclusion of the contract.
5.2 In the event of the buyer's delay in payment, the statutory regulations on default apply. The interest rate for consumers is 5 percentage points above the respective base interest rate per annum according to § 288 BGB, and for entrepreneurs, it is 9 percentage points above the base interest rate per annum.
5.3 The buyer only has the right to offset if his counterclaims have been legally established, are undisputed, or have been recognized by the Seller.
5.4 If the buyer is an entrepreneur, he shall not have a right of retention unless his counterclaims, which do not arise from the same contractual relationship, are disputed by the Seller, have been legally established, or are ready for decision.
5.5 Upon dispatch of the goods, the buyer receives an invoice electronically to the email address provided during the order. It is the buyer's responsibility to check all provided data for accuracy and completeness before sending the order form. A claim for subsequent correction of the invoice exists only if the invoice data do not match the data in the completed order form. A subsequent change of the invoice recipient, such as from a private to a business buyer or vice versa, is not made.
6. Right of Withdrawal for Consumers (§ 13 BGB)
Consumers have the following right of withdrawal:
Right of Withdrawal / Instructions for WithdrawalIn addition to the statutory right of withdrawal, you have the right to withdraw from this contract within 30 days without giving any reason. For this, you can use the available form "I want to return the product" in the subsection “Orders”.
The withdrawal period is 30 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 by means of a clear statement (e.g., by using our return form, by letter, or email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, but it is not mandatory. To meet the withdrawal deadline, it is sufficient to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
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**Contact details:**OneStep.Solar GermanyHochstraße 17, 47228 DuisburgEmail: kundenservice@onestep.solarPhone: +498000010465
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Consequences of WithdrawalIf you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of 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 in any event not later than thirty days from the day on which we are informed about your decision to withdraw from 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 event will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.You must return or hand over the goods to us without undue delay and in any event not 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 thirty days has expired. We will specify the name of the courier or freight company at a later date and will arrange a corresponding pickup date with you. You are obliged to cooperate and find a suitable date.We will bear the direct costs of returning the goods.You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
You may use the following withdrawal form template withdrawal form template
Please avoid damage and contamination. If possible, return the goods in their original packaging. Use protective outer packaging if necessary. If you no longer possess the original packaging, please provide suitable packaging to ensure adequate protection against transport damage to avoid claims for damages due to inadequate packaging. All accessories, assembly accessories, fastening material, and all packaging components must be returned without fail. Should the goods have suffered a loss in value, been damaged, or destroyed while in the possession of the buyer, the Seller reserves the right to claim compensation for damages.
7. Warranty / Liability
7.1 The statutory provisions apply to liability for defects (warranty). The buyer is entitled to statutory warranty rights. To assert these rights, the Seller provides a corresponding form on the website (under “Orders” select “I would like to return/exchange the goods”).
7.2 Should the buyer exercise his warranty right and wish for an exchange of the goods, the defective goods will be collected by the courier service at the same time as the delivery of the replacement goods. The buyer is obliged to make the goods available for collection, to package the goods appropriately for transport, and then to hand them over.
7.3 Damage to or contamination of the packaging material, especially the box, does not constitute a defect in the sense of the law. The packaging of the goods may be opened before shipment to check for completeness and functionality.
7.4 The Seller exercises the utmost care in the creation of the offer on www.onestep.solar. Errors and changes regarding the correctness of manufacturer information, product descriptions and price indications, as well as for printing errors, technical changes, and errors caused by caching, are reserved.
7.5 For contracts with entrepreneurs or legal entities of public law, the following applies:
a. Claims for defects become statute-barred 12 months after the transfer of risk.
b. Obvious defects must be reported within a period of 14 days; otherwise, they are considered approved. Shortages must be reported within 4 days.
c. If the transaction is a commercial transaction for both parties, the buyer, deviating from item b, must comply with the obligations of § 377 HGB, i.e., to inspect the goods immediately after delivery by the Seller, insofar as this is feasible in the ordinary course of business, and, if a defect or shortage is found, to notify the Seller immediately. If the notice is omitted or delayed, i.e., not immediate, the goods are considered approved. Hidden defects must be reported immediately after their discovery; otherwise, they are also considered approved in case of omitted or delayed notification.
d. In the event of a defect in the purchased item, the Seller is entitled, at its discretion, to supplementary performance in the form of rectification or delivery of a defect-free item. The buyer must grant the Seller a reasonable period of time for supplementary performance, varying according to the actual circumstances of the individual case, but not less than 7 days. The cost and expense compensation within the scope of supplementary performance follows the statutory provisions.
e. If the rectification according to § 440 BGB fails, the buyer may demand withdrawal or reduction at his discretion.
f. In case of defects, the buyer may only withhold payments if a defect is asserted, about which there is no doubt, or if the defect complaint is undisputed or its legitimacy has been legally established. If the defect complaint is unjustified, the Seller is entitled to demand reimbursement of the expenses incurred from the buyer.
g. Further claims of the buyer, especially for consequential damages caused by defects, are fundamentally excluded. This does not affect the unlimited liability for damages resulting from injury to life, body, or health, as well as other damages that are based on a negligent or grossly negligent breach of duty by the Seller or an intentional or negligent breach of duty by a legal representative or vicarious agent. The unlimited liability also applies in case of breach of contractual cardinal obligations, i.e., contractual obligations on whose fulfillment the buyer relies and may rely. Otherwise, liability is limited to the typically occurring damage in the business transactions underlying these terms and conditions.
h. Liability under the Product Liability Act remains unaffected.
i. The statutory limitation period within the framework of a recourse claim according to §§ 478, 479 BGB remains unaffected.
8. Warranty / Warranty Extension
8.1 If the manufacturer/seller grants a voluntary warranty in addition to the legal warranty, this will be pointed out separately for the offered goods. Furthermore, the warranty terms of each product apply. Details can be found in the warranty terms.
8.2 For some products, the buyer may optionally purchase an additional and extended warranty for a fee. If this warranty extension is available to the buyer, he will be informed about it on the Seller’s website.
8.3 To assert any warranty claims, it is necessary to send a photo after the initial installation of the goods. This photo can be sent to the seller via email at kundenservice@onestep.solar or through the contact form. This is the only way to ensure smooth assertion of any warranty claims, as disassembly and reinstallation would exclude warranty claims. Details can be found in the warranty terms.
9. Retention of Title
The delivered goods remain the property of the Seller until the purchase price has been paid in full.
10. Information for Consumers in Distance Selling Contracts and Customer Information in Electronic Commerce Contracts
10.1 The Seller is not subject to any special and previously unmentioned codes of conduct.
10.2 Any input errors when placing the order can be recognized by the buyer at the final confirmation before the checkout and corrected at any time before sending the order by clicking on "Edit".
10.3 The essential characteristics of the goods offered by the Seller and the validity period of limited offers can be found in the individual product descriptions within the scope of the internet offer.
10.4 The language available for the conclusion of the contract is exclusively German. English versions of the texts may also be available. These are merely translations. In the event of legal disputes, the German texts shall be authoritative.
10.5 The buyer can save the contract text on his computer by clicking the right mouse button of his browser or print it out using the print function of his browser. The contract text (consisting of the order data and the terms and conditions) is also saved by the Seller and sent to the buyer by email after the conclusion of the contract. For security reasons, the order data is no longer accessible via the Internet to non-registered customers after the completion of the purchase.
10.6 Information on payment, delivery, or fulfillment can be found in the respective offer. Furthermore, the buyer finds more detailed information under Shipping and Payment. The delivery period begins the day after the payment order is issued to the transferring credit institution in the case of payment in advance, and with your order in the case of all other payment methods. If the last day of the period falls on a Sunday or a public holiday recognized by the state at the place of delivery, the next working day shall take the place of such a day.
10.7 Insofar as the Seller or another company, such as the manufacturer, of a product sold by the Seller grants a voluntary warranty, the respective warranty conditions apply for its exercise and assertion. The warranty conditions of the Seller can be accessed here. The Seller refers to the warranty conditions of other companies for the product advertised with the warranty. The buyer also receives the warranty conditions with the order confirmation. The statutory warranty rights remain unaffected by a foregoing guarantee. Complaints and warranty claims can be made by the buyer at the contact address provided in the Imprint. Additionally, the buyer can use the form available under “Orders” ("I would like to return the goods") for this purpose.
11. Final Provisions, Miscellaneous
11.1 The contractual relationship between the Seller and the buyer, who is domiciled in Germany or Austria, as well as the respective terms and conditions, are subject to the law of the Federal Republic of Germany. If the buyer is a consumer, the mandatory statutory provisions and rights in favor of the consumer under the law of the buyer's country of residence remain unaffected by this agreement. The application of UN sales law is excluded.
11.2 The exclusive place of jurisdiction is the court of the Seller's place of business, provided the buyer is a merchant within the meaning of the HGB or a legal entity of public law. The Seller also has the right to sue at the buyer's place of residence.
11.3 Should individual provisions of this contract be wholly or partially invalid or lose their legal validity later, this shall not affect the validity of the rest of the contract. The statutory provision shall replace the invalid provision.
11.4 The European Commission provides a platform for online dispute resolution (OS), available here https://ec.europa.eu/consumers/odr. The Seller is not obligated and unwilling to participate in dispute resolution proceedings before a consumer arbitration board.