Terms and Conditions (AGB)

of Digital Power Systems GmbH, Haid- und Neu Str. 7, 76131 Karlsruhe, Germany (“Seller” or “we”) for the sale of goods via the online shop digitalpowersystems.eu.

The contract language is German. English and French are offered as additional communication and ordering languages. In case of discrepancies between the language versions, the German version is authoritative.

Section 1 Scope and Definitions

(1) These Terms and Conditions apply to all contracts, deliveries and other services of Digital Power Systems GmbH concluded via the online shop digitalpowersystems.eu – with consumers as well as with business customers (entrepreneurs within the meaning of Section 14 of the German Civil Code, BGB), legal entities under public law, and special funds under public law. A consumer is any natural person who enters into a transaction for purposes that are predominantly outside their trade, business or profession. A business customer is a natural or legal person or a partnership with legal capacity who, when concluding the transaction, acts in the exercise of their trade, business or profession.

(2) The checkout does not distinguish between ordering as a consumer or as a business; a business account with a VAT ID can optionally be created. Clauses in these Terms marked as applying only to consumers or only to business customers (“For consumers: …” / “For business customers (Section 14 BGB): …”) apply accordingly; all other clauses apply equally to both.

(3) Our Terms apply exclusively. Deviating, conflicting or supplementary terms of a business orderer become part of the contract only if we have expressly agreed to them in writing. The statutory provisions remain unaffected for consumers.

Section 2 Conclusion of Contract

(1) The presentation of products in the online shop does not constitute a legally binding offer, but a non-binding invitation for the customer to place an order (invitatio ad offerendum).

(2) By clicking the button labelled “Order with obligation to pay” (or the equivalent in the chosen language) at the end of the checkout, the customer submits a binding offer to purchase the goods in the shopping cart (button solution per Section 312j(3) BGB). Data can be reviewed and corrected at any time before that click. The offer can only be submitted after accepting these Terms via the corresponding checkbox.

(3) On receipt of the order, we send an automatic order-receipt confirmation email without delay, which also constitutes acceptance of the offer and thus concludes the contract, unless we decline the order within five (5) business days (paragraph 4). For consumer orders, the confirmation additionally contains the complete withdrawal notice and the model withdrawal form (see Section 6) on a durable medium.

(4) We may decline the offer within five (5) business days of receipt, in particular in case of an adverse credit check (for invoice payment), incorrect product information, or unavailable products.

(5) The contract text is stored; registered customers can retrieve it via their account, guest orderers receive it by email. These Terms can be viewed and printed at any time at /en/agb.

Section 3 Prices and Payment

(1) For consumers: All displayed prices are final prices in Euro (EUR) including statutory VAT of the delivery country (“incl. VAT”), plus shipping costs per our shipping cost overview. Within the EU, VAT is remitted to the destination country under the One-Stop-Shop (OSS) scheme; the displayed price adjusts automatically to the delivery country selected at checkout.

(2) For business customers (Section 14 BGB): Registered business customers are shown net prices plus applicable VAT; for intra-Community supplies to business customers with a valid VAT ID, invoicing is, after verification, zero-rated under the reverse-charge mechanism.

(3) Volume pricing: certain products offer quantity-based tiered pricing, shown on the product page; the total quantity per item in the cart is decisive.

(4) Payment methods: prepayment/bank transfer (dispatch on receipt of funds), credit card and other Mollie-processed methods (charged on dispatch), and invoice (30 days net from invoice date) – the latter only for registered business customers after a credit check. Details at Payment Methods.

(5) The buyer is in default if payment is not received within 30 days of the invoice becoming due and being received (Section 286(3) BGB); this does not apply to consumers without a specific notice on the invoice. Default interest is 9 percentage points above the base rate for business customers (Section 288(2) BGB) and 5 percentage points for consumers (Section 288(1) BGB).

(6) Deliveries to third countries (outside the EU) are exempt from German VAT as an export supply under Section 4 No. 1(a) in conjunction with Section 6 of the German VAT Act (UStG); the displayed price is a net price for these deliveries.

Section 4 Delivery

(1) Delivery time is stated in business days on each product page (“Delivery time: X business days”) and starts the day after payment is received (prepayment) or the day after the contract is concluded (other methods). Shipping cost depends on the delivery country per our shipping cost overview.

(2) Partial deliveries are permitted where reasonable for the customer and incur no additional shipping cost.

(3) For business customers (Section 14 BGB): we reserve the right to withdraw from the contract without delay, with immediate notice and refund of any consideration already received, if a congruent upstream supply is unavailable through no fault of our own (self-supply reservation). This reservation is not invoked against consumers.

(4) For deliveries to third countries (outside the EU), import duties, import VAT and customs clearance fees may be levied on arrival; these are set by the authorities of the destination country and are payable by the buyer as recipient, not included in the purchase price or shipping cost.

Section 5 Retention of Title

(1) For consumers: delivered goods remain our property until paid in full (simple retention of title).

(2) For business customers (Section 14 BGB), extended and prolonged retention of title additionally applies: the business customer may resell the reserved goods in the ordinary course of business and hereby assigns to us, in advance, all claims arising from such resale up to the invoice amount, which we accept; any processing or transformation of the reserved goods is always deemed carried out for us as manufacturer.

Section 6 Right of Withdrawal (consumers only)

Consumers have a statutory right of withdrawal. The complete withdrawal notice, the model withdrawal form, and the online withdrawal form are available exclusively and authoritatively at /en/withdrawal – that page is the single source of the exact wording and is not duplicated here. For goods manufactured to customer specification or clearly personalised (marked “Custom-made” on the product page), no right of withdrawal exists under Section 312g(2) No. 1 BGB; the exclusion is shown separately during checkout. For business customers (Section 14 BGB): no right of withdrawal exists.

Section 7 Warranty

(1) For consumers: the statutory warranty rights apply in full and unshortened, in particular the two-year limitation period from delivery (Sections 437, 438(1) No. 3 BGB). Consumers are not subject to any inspection or notification obligation.

(2) For business customers (Section 14 BGB): the warranty period is one year from delivery. The business customer must inspect the goods without delay upon receipt and notify obvious defects in writing within seven (7) business days, and hidden defects immediately upon discovery (Section 377 of the German Commercial Code, HGB); failure to notify is deemed approval of the goods.

(3) In both cases, on a confirmed defect we will, at our discretion, repair or replace the goods.

Section 8 Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, and to the extent of any guarantee assumed. For slightly negligent breach of a material contractual obligation (cardinal duty), liability is limited to the foreseeable, typical damage; liability for slight negligence is otherwise excluded.

Section 9 Dispute Resolution

We are not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of Section 36 of the German Consumer Dispute Resolution Act (VSBG).

Section 10 Final Provisions

(1) German law applies, excluding the CISG. For consumers: this choice of law applies only to the extent it does not deprive you of the protection afforded by mandatory provisions of the law of the country in which you have your habitual residence (Article 6(2) Rome I Regulation).

(2) For business customers (Section 14 BGB): the exclusive place of jurisdiction for all disputes arising from this contractual relationship is Karlsruhe.

(3) Should individual provisions of these Terms be invalid, the validity of the remaining provisions is unaffected.

Digital Power Systems GmbH
Haid- und Neu Str. 7
76131 Karlsruhe
Registration court: Amtsgericht Mannheim, HRB 738185
VAT ID: DE337552735