Terms and conditions for private customers.

1. Contractors and scope

Contract partner is TP ENERGY GmbH, Lichtenstein 11, 37581 Bad Gandersheim, Germany, represented by Managing Director Florian Schneider. Commercial register: District Court of Braunschweig, HRB 200605. Contact: info@tp-energy.de, Telephone +49 5382 5898100. These conditions apply to purchases of goods as well as to expressly commissioned planning and assembly services for consumers within the meaning of § 13 BGB, including separately agreed individual goods productions. Individual agreements have priority.

Planning, assembly, repair, works and ongoing service contracts are only subject to contract if they have been commissioned and described separately. In addition, sections 11 and 12 apply to commissioned planning and assembly services.Special contract information and mandatory special regulations, in particular for consumer construction contracts, remain unaffected.

Consumers are any natural person who concludes the contract for purposes which are largely not attributable to their commercial or self-employed professional activities. A photovoltaic system or tax registration alone does not decide on this classification. The relevant version is included before the conclusion of the contract; a subsequent modification of this website does not change existing contracts.

2. Inquiry, offer and conclusion of contract

Our website enables product information and non-binding contact requests. The sending of the contact form is not an order and does not trigger a payment obligation. Automatic receipt or test confirmations are not contractual acceptance.

In case of an inquiry, we will inform you of the specific product or service, the total price, additional costs, payment and delivery conditions as well as the relevant consumer information before your binding contract declaration. The specific offer, including the corresponding specification and the effective agreed terms and conditions, is decisive.

You can accept our binding offer unchanged by e-mail or by the payment expressly provided for in the offer within the time limit indicated therein. An invoice or proforma invoice may contain such an offer if it is expressly referred to as a binding contract offer and indicates the scope of services, total price and acceptance conditions. Once you have placed an order, the contract is created by our express acceptance or by another clear declaration of acceptance. A mere sending of invoices is not independent of its content already a new contract offer.

The contractual language is German, unless otherwise agreed. You will receive the appropriate GTC, the required consumer information and, if necessary, the revocation instructions with a sample form before your binding declaration. We send the confirmation of the contract and required contract documents on a permanent data carrier, regularly by e-mail. You can notify us of corrections and changes before conclusion of the contract. This website does not provide a permanently accessible customer account or an online archive of the contract text.

In the case of orders in the separately linked online shop, its order process, correction options and the conditions agreed there before ordering are decisive. On this WordPress site there is no online purchase conclusion.

We may accept an order placed by you within five working days after we receive it. Working days are Monday to Friday, excluding public holidays at our registered office. If we do not accept in time, you are no longer bound by your order. A late or different confirmation constitutes a new offer. If we have made a binding offer, the acceptance period stated in that offer applies instead.

The acceptance of an offer or the payment of an invoice does not replace a separately required declaration of the early start of a service and no waiver of legal consumer rights.

3. Prices, VAT and payment

Consumer prices are agreed as total prices in euros including the applicable VAT. Shipping, packaging, delivery and other additional costs will be specified before conclusion of the contract. If applicable, a zero VAT rate applicable to photovoltaic products will only be taken into account if the legal requirements are met. Additional paid services require your express agreement.

For a purchase of goods only, payment is generally due in advance by bank transfer unless different payment terms are agreed. Payment is due within seven calendar days of conclusion of the contract and receipt of the invoice. Any different due date or down payment is agreed before the contract is concluded. Statutory rights to withhold performance or payment, particularly in the event of defects, remain unaffected. We do not change the price unilaterally after the contract has been concluded. Section 12 applies to work and installation services.

In the event of late payment, the statutory requirements and consequences shall apply. Consumers will not be charged the default flat rate of 40 euros only for debtors who are not consumers. Statutory set-off, performance refusal and retention rights remain in place.

4. Delivery, shipping and transport

Delivery area, delivery address, delivery type, delivery time and any conditions such as an agreed down payment will be specified in the specific offer. A forwarding delivery, unloading, delivery to the curb edge or a delivery to a specific location must be clearly described in the offer. Additional costs due to special access or unloading conditions will not be charged without prior information and agreement.

We generally bear the risk of accidental loss or damage during transport until the goods are handed over to you or a third party designated by you who is not the carrier. The statutory exception for a carrier commissioned independently by the consumer and not previously proposed by us remains unaffected.

Please help us clarify visible transport damage by documenting it and notifying us promptly. Your statutory rights do not depend on immediate inspection or notification to the carrier. The commercial duty to notify defects under section 377 HGB does not apply to consumers.

We will inform you without delay in the event of delivery obstacles. Your legal rights in the event of delay, impossibility or non-delivery remain. Partial deliveries are made only by agreement or to the extent that they are reasonable and do not incur any additional costs.

5. Individual goods, technical specifications and installation

In the case of special construction and reproduction, the individual requirements, dimensions, tolerances, electrical characteristics, connections and quantities are documented before the conclusion of the contract or before an expressly agreed production release. Please check your own specifications and submitted drawings carefully. Our own testing, consulting and service obligations remain.

Changes after release will only be carried out if technical execution, additional costs and deadlines are agreed. A fee-based change does not arise solely from a question. A replica does not automatically take over the manufacturer's warranty, approval or certification of an earlier original product. The concretely agreed and legally owed properties remain decisive.

Installation and electrical integration may only be carried out by authorised specialists and in compliance with the technical and legal requirements. Planning or assembly by TP ENERGY is only due if agreed. This delimitation does not exclude liability for services owed by us.

The specific specification is assigned to the order by the offer number and, where applicable, the drawing or version status. A technical release can be made by e-mail or by payment if the offer expressly indicates the documents to be examined and this meaning of the payment. Subsequent changes require an agreement on execution, additional costs and deadlines. A technical release does not remove any own verification obligations and does not replace any separate consumer statements.

6. Legal rights of defects and guarantees

The statutory rights of defects apply; additional voluntary rights of defects or an extended warranty are not granted by these GTC. In the case of new goods, the statutory limitation period for claims for defects is in principle two years from delivery. Longer legal deadlines, especially with relevant construction reference, remain unaffected.

For goods expressly sold as used, the limitation period for defect claims can be shortened to one year from the statutory starting date only if you are specifically informed before your contractual declaration and expressly agree to the reduction separately. These terms alone do not shorten that period. The reduction does not apply in cases of fraudulent conduct, a guarantee given, buildings or items within section 438(1) no. 2 BGB, or damages claims under section 7. Without a valid separate agreement, the statutory periods apply. These terms do not agree any deviation from objective requirements.

If a defect occurs, you have the statutory rights to supplementary performance and, subject to their requirements, a price reduction, rescission, damages and reimbursement of expenses. Transport, travel, labour, material and, where applicable, removal and installation costs that we must bear by law are not transferred to you by these terms.

We do not provide an additional voluntary seller guarantee unless we expressly give one in an individual case. Manufacturer guarantees may provide additional benefits under the relevant guarantor's terms. Your statutory rights against TP ENERGY, which can be exercised free of charge, continue to apply independently. Product descriptions, technical approvals and payments alone do not constitute a guarantee declaration.

In the case of goods with digital elements, the relevant legal requirements, including necessary updates and information requirements, apply. Manufacturer or software conditions do not replace these seller obligations.

The respective statutory rights of defects and limitation periods apply to works and assembly services. Our liability for our own production, own marks or a legal manufacturer's position is not excluded by reference to manufacturer guarantees.

7. Liability

We shall be liable without limitation for intent and gross negligence, for culpable injury to life, body or health, according to the Product Liability Act, for fraud and to the extent of a guarantee expressly assumed by us.

In the event of simple negligence, we shall be liable in the event of breach of a substantial contractual obligation, the fulfilment of which only enables the proper execution of the contract and on whose compliance you may regularly rely, limited to foreseeable, contract-typical damage. Furthermore, liability for damage caused simply negligently is excluded, insofar as there is no mandatory statutory liability. This does not exclude the statutory liability for defects.

The above limitations also apply in favour of our legal representatives, employees and vicarious agents. Mandatory legal rights remain unaffected.

8. Right of withdrawal and returns

In the case of distance contracts and contracts concluded outside business premises, consumers are entitled to the statutory right of withdrawal. Terms, deadlines, consequences and the model form are on our page Cancellation policy and model withdrawal form and will be notified for the specific process before the conclusion of the contract.

For non-prefabricated goods for which your individual selection or determination is decisive, or clearly tailored to your personal needs, the right of withdrawal according to § 312g paragraph 2 point 1 BGB may be excluded. The term "special order" is not enough. We inform before conclusion of the contract if this legal exception is relevant for the specifically offered goods. Defective rights remain.

We do not grant voluntary cancellation, exchange, buy-back or extended return rights in addition to your statutory rights. Voluntary cancellation, partial cancellation or taking goods back requires our express consent and an agreement on the conditions. We are not obliged to consent. Statutory rights of withdrawal, rights relating to defects, rescission and termination remain unaffected.

A cancellation request or our examination of it does not cancel the contract. Non-payment, failure to collect the goods or refusal to accept delivery also does not, by itself, end the contract. Statutory rights can still be validly exercised without our consent. We do not charge cancellation, processing or restocking fees for the exercise of a statutory right of withdrawal.

9. Retention of title and partner services

The goods remain our property until the full payment of the purchase price. Statutory requirements for a withdrawal remain.

Independent sales partners and specialist companies conclude contracts for their own offers in their own name. A mediation alone does not make TP ENERGY the contractual partner for their assembly or other independent services. Insofar as we ourselves owe a service or use persons to fulfil our obligations, we remain responsible.

10. Law and consumer dispute resolution

German law applies to the exclusion of the UN Sales Law. In the case of consumers who are habitually resident in another State, the mandatory protection provisions of that State shall remain in force in so far as they are applicable in accordance with the applicable rules. No exclusive place of jurisdiction will be agreed at the expense of consumers.

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration body. You can contact us with complaints using the contact details above. Statutory information obligations following a dispute remain unaffected.

In case of ineffectiveness of individual provisions, the statutory provisions, in particular § 306 BGB, apply. Changes to this website do not change already concluded contracts retroactively.

11. Explicitly commissioned planning and assembly

Planning, assembly, electrical work and commissioning are performed only to the extent expressly mandated. Whether further services are performed by us, a vicarious agent used by us or a company commissioned by the customer himself, is specified in the concrete contract. Our legal responsibilities apply to vicarious agents employed by us.

The customer enables the agreed work and provides necessary documents and accesses within his area of responsibility in good time. The procurement of permits, static evidence and system operator approvals shall be carried out by the party referred to in the contract. Without such an agreement, responsibility shall be governed by the law and the performance result due.

In the case of identifiable safety defects, unexplained load capacity or other circumstances that prevent professional execution, the work concerned may be interrupted until clarification. We inform the customer immediately. The consequences of compensation, appointment and termination depend on the legal requirements; a cause for which we are responsible does not justify any additional claims against the customer.

12. Progress payments, acceptance and termination

For work and installation services, payment becomes due in accordance with the law and the specific agreement. Subject to the statutory requirements, particularly section 632a BGB, we may request progress payments for the value of work performed in accordance with the contract. These terms do not create an obligation to pay the full price of work or installation services in advance. Special consumer construction contract protections and security requirements remain unaffected.

Where acceptance is required by law, work completed in accordance with the contract must be accepted; acceptance may not be refused because of minor defects. Deemed acceptance occurs only if the statutory requirements of section 640(2) BGB are met. For consumers, this requires, in particular, a separate notice in text form together with the request for acceptance. Mere use, silence or a partial payment does not constitute acceptance under these terms.

Statutory termination rights remain unaffected. If the customer terminates at their discretion, our entitlement to remuneration is governed by section 648 BGB, taking account of saved expenses and earnings obtained elsewhere or deliberately not obtained. Section 650 BGB, including its cross-references, applies to the supply of movable goods to be manufactured. No separate flat-rate cancellation fee is agreed.