FRONIUS WEBSHOP GENERAL ONLINE STORE TERMS AND CONDITIONS FOR THE PURCHASE OF USED PRODUCTS BY COMPANIES (“Terms of Use”) valid from January 2018

  1. Validity and information
    1. For the use of our internet platform FRONIUS WEBSHOP and for the purchase of used products from Fronius UK Limited, which are ordered by the Customer, and for any payments to us, these Terms of Use apply exclusively. Any kind of differing business or purchase conditions etc. by the Customer shall only be binding for us if we expressly acknowledge them in writing.

    2. During the use of or registration on FRONIUS WEBSHOP, the user (hereinbefore and hereinafter also referred to as the “Customer”) accepts and acknowledges the exclusive validity of the Terms of Use as defined herein by clicking on the appropriate checkbox. During ordering of our products, the Customer acknowledges the exclusive validity of the Terms of Use as defined herein by clicking on the corresponding checkbox. The version of the Terms of Use valid at the time of use, registration or ordering by the Customer shall apply.

    3. We offer our products to Companies only. “Company” shall be understood in the sense of the United Kingdom Companies Act 2006 or any rules and regulations replacing this Act. For Corporate Customers or Companies our “General Terms and Conditions of Delivery and Payment” shall apply which can be found at https://www.fronius.com/en-gb/uk/terms-and-conditions. In case of any omissions of these General Terms and Conditions of Delivery and Payment our Terms of Use shall fill the gaps.

    4. The Terms of Use as well as the registration process, the ordering process and the conclusion of contracts for distance sales are offered in English language. Contracts between Customers and Fronius UK (see section 4) can be concluded via our internet platform FRONIUS WEBSHOP on our website http://shop-uk.fronius.com.

    5. The Terms of Use can be viewed at any time on our homepage where you will find a clear reference/link to the current Terms of Use.

    6. We are Fronius UK Limited (hereinbefore and hereinafter referred to as “Fronius UK”) having our registered address at Maidstone Road, Kingston, Milton Keynes, MK10 0BD, phone +44 (0) 1908 512 300, fax +44 (0) 1908 512 329, email info-uk@fronius.com, www.fronius.com.

  2. Registration
    1. On FRONIUS WEBSHOP, our used products are offered to (registered) Customers

    2. registration on FRONIUS WEBSHOP, the Customer has to provide his e-mail address and must choose a password for access to FRONIUS WEBSHOP. This password and the e-mail address are then the access data to FRONIUS WEBSHOP. Fronius UK will never contact the Customer and request the disclosure of any of his access data. Please inform Fronius UK immediately in the case of any unauthorised approach. Disclosure of the access data to third parties (e.g. sponsors) shall be the sole responsibility of the Customer. Fronius UK accepts no liability in this respect as well as for any resulting damage.

  3. Used products
    1. The used products on FRONIUS WEBSHOP are described clearly and comprehensibly with regard to their essential characteristics.

    2. The delivery charges for deliveries within England, Scotland, Wales and Ireland are clearly shown for each of the products. For deliveries to Channel Islands, Outer Hebrides and the Isle of Man please call us for specific delivery charges.

    3. The warranty liability of Fronius UK for the new or used products shall be limited as explicitly stated for each of the offered products.

  4. Conclusion of contract
    1. The conclusion of the contract between the Customer and Fronius UK regarding the used products offered by us takes place by means of offer and acceptance. On FRONIUS WEBSHOP, the Customer can create orders – which are offers to buy – for one or more of the offered products and send them to us.

    2. The Customer will be informed about the possible payment methods on each page of our internet platform. The following technical steps result in a binding and fee-based order of our products:

      1. Customer selects the desired product by clicking on the selection button. The Customer then has the option of either selecting additional products by clicking on the respective selection button “Add to Cart” or by proceeding with the order process for the selected products by clicking on the button “Proceed to Checkout”.

      2. In the next step in the ordering process, the data of the Customer must be indicated (see “Registration” above) or a login with a username and password must be performed for already registered Customers.

      3. By clicking on “Shopping Cart”, the Customer receives a list of all products ordered from us, including the order details, whereby the Customer has the possibility of correcting any errors or adding comments. The contractual partner and the total net price, including all charges, are shown here.

      4. The binding and fee-based order (being Customer´s offer to buy) is made by the Customer by accepting the Terms of Use on the corresponding checkbox and by clicking on the button “Go to checkout”.

      5. The Customer is then forwarded to the corresponding payment page where he can choose his desired payment method which can be either:
        (a) purchase on account, or
        (b) prepayment.

      6. As soon as the order has been received on our server, the Customer receives an automated confirmation of receipt by e-mail, which also includes the text of the order, the relevant delivery and the desired payment conditions.

      7. We are entitled to accept the order (being Customer´s offer to buy) explicitly by means of a separate e-mail (the “Order Confirmation”), or to reject the acceptance of the Customer´s offer without giving any reasons. This applies in particular if the information on our internet platform was incorrect or we cannot fulfil the order for any reason whatsoever. In this case, the Customer’s payments (if any) are refunded without any charges. Any further claims for compensation by the Customer shall be fully excluded.

      8. We are furthermore entitled to accept the order (being Customer´s offer to buy) solely under the condition that the Customer changes it´s desired payment method to another payment method chosen by us. The Customer is then free to accept our suggested payment method or to withdraw his offer as a whole.

    3. The Customer must ensure that the e-mail address specified by him is correct, so that the e-mails sent by us can be received at all times at this address, especially with regard to order confirmations. In particular, the Customer must ensure when using spam filters that all e-mails sent by us have been delivered. The Customer undertakes to notify us immediately in writing of any changes to his delivery address or his e-mail address. Relevant declarations are sent to the Customer at the latest notified (e-mail) address. This means that any communication or delivery shall be deemed to have been performed even if the Customer has changed his delivery address or his e-mail address without informing us accordingly.

    4. The text of the order is stored by us; however, we do not provide an ordering platform in the sense of access to orders placed by the Customer.

  5. Prices and payment terms; retention of title and set-off agreement
    1. The prices of our used products (including the charges) are clearly identifiable on FRONIUS WEBSHOP.

    2. All payments by the Customer are always due immediately without any deductions. Title shall be retained until full payment has been made. In the event of culpable default of payment by the Customer, we are entitled to charge default interest in the amount of 4 (four) percent above the applicable base rate. Furthermore, we may also claim compensation for other damage attributable to the Customer which we have accrued, in particular the necessary costs for appropriate out-of-court enforcement or collection measures, insofar as these are proportionate to the claim.

    3. We issue invoices for the products exclusively by postal service.

  6. Complaints, dispute resolution, guarantee, warranty and liability
    1. Complaints and claims concerning our products can be directed to the contact details shown in section 1.

    2. The EU online dispute settlement platform for online purchase and service contracts can be found at http://ec.europa.eu/consumers/odr/. We are, however, not obliged to participate in these alternative dispute settlement process.

    3. The warranty conditions stated for each of our products shall apply.

    4. Except for personal injury, we shall only be liable for deliberate or grossly negligent damage

  7. Data protection
    1. Our data protection declaration can be consulted at all times at http://www.fronius.com and can be downloaded as a PDF file. The data protection declaration forms an integral part of these terms of delivery and payment.

  8. Web disclaimer and reference to intellectual property
    1. The information provided on our internet platform is carefully checked and regularly updated. However, no warranty or liability can be accepted for all information being free of omissions or errors at all times.

    2. We do not accept any liability for links to other websites referred to directly or indirectly. All information may be changed, supplemented or removed without prior notice.

    3. The websites provided for the purchase of products were developed by or on behalf of FRONIUS International GmbH and all rights thereto belong to FRONIUS International GmbH. The Terms of Use for FRONIUS WEBSHOP entitles the respective user to use the services exclusively within the need for the offered functionalities. The content accessible via the websites (particularly text and images, etc.) shall not be copied, distributed, linked or otherwise made available to the public – also in parts or in revised form – without our explicitly written consent.

  9. Applicable law, dispute resolution and jurisdiction
    1. These Terms of Use and any disputes arising out of or in connection with any orders made under these Terms of Use shall be governed by and construed in accordance with the laws of England and Wales, and the application of the UN Convention on Contracts for the International Sale of Goods and the International Private Law shall be expressly excluded. The sole place of jurisdiction shall be London.
    2. For possible dispute mediation, see section 6.2.
  10. Severability clause
    1. If individual provisions are invalid or unenforceable or become invalid or unenforceable after the conclusion of this contract, the validity of the other provisions shall remain unaffected.
    2. Any invalid provision shall be replaced by a provision that corresponds to the economic purpose of the contract.
  11. Miscellaneous
    1. Wherever used herein, a pronoun in the masculine gender shall be considered as including the feminine gender unless the context clearly indicates otherwise.