Terms & Conditions

GENERAL TERMS AND CONDITIONS (GTC)

0. Language and Validity

0.1 This document is provided in German (original version) as well as in English and French translations. The German version is definitive and legally binding. In the event of any discrepancy or doubt, the German text shall prevail.
0.2 All legal relationships between customers and NatureWatt GmbH shall be governed exclusively by German law (excluding the UN Convention on Contracts for the International Sale of Goods – CISG). The exclusive place of jurisdiction for all disputes arising out of or in connection with these terms shall be the registered seat of NatureWatt GmbH, provided such jurisdiction is permissible under applicable law.

1. Scope

1.1 These General Terms and Conditions (“GTC”) apply in their currently valid version to all orders placed via our online shop—whether the purchaser acts as a consumer or as an entrepreneur. A “consumer” is any natural person who concludes a legal transaction for purposes predominantly outside his or her commercial or independent professional activity (§ 13 BGB). An “entrepreneur” within the meaning of these GTC is any natural or legal person or any legally competent partnership who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity (§ 14 BGB). If conflicting or supplementary terms and conditions of the entrepreneur apply, we reject their validity unless we have explicitly accepted their application in writing.
1.2 For all legal transactions with NatureWatt GmbH—particularly all offers and contracts made by NatureWatt GmbH—only these GTC shall apply, unless expressly agreed otherwise in writing.
1.3 Any deviations from these GTC must be expressly agreed in writing; this requirement for written form also applies to any waiver of the written-form requirement itself.
1.4 Oral collateral agreements shall only become part of the contract if they are subsequently confirmed in writing.

2. Offers, Contractual Partner, Conclusion of Contract

2.1 All offers by NatureWatt GmbH are non-binding and subject to change until our written order confirmation. A contract is only concluded upon our express order confirmation or upon fulfilment of the order by performance.
2.2 Our offers are subject to the proviso that we are supplied by our own suppliers. NatureWatt GmbH undertakes to select its suppliers carefully and to ensure its own ability to perform—provided that the goods are generally available from the manufacturer. In particular, this applies to products that are produced in various batches. If it becomes apparent that delivery is not possible, we shall inform the customer within one week of becoming aware of the unavailability. Such notification shall be deemed a rescission from the contract, exempting us from performance, provided that non-delivery is not attributable to NatureWatt GmbH.
2.3 Illustrations, drawings, dimensions, weights and other goods or performance descriptions in the offer documents are—unless expressly stated otherwise—merely approximate and non-binding.
2.4 It is the customer’s responsibility to verify the suitability of the offered goods before concluding the contract.
2.5 The purchase contract is concluded between the customer and NatureWatt GmbH.

3. Prices

3.1 All prices displayed on our website are non-binding and serve only as a guideline. A purchase contract is concluded exclusively at the price bindingly specified in our written order confirmation.

4. Delivery

4.1 Delivery of the ordered goods takes place ex our warehouse, including customary packaging—whose type and quality are at the sole discretion of NatureWatt GmbH. We always deliver according to recognised technical standards; minor deviations due to technical changes, improvements in design or slight variations in colour and shape shall remain reserved and shall be deemed to conform with the contract. Partial deliveries are permissible insofar as they serve the fulfilment of the contract.
4.2 In the event of delivery default or inability to deliver, our liability shall be limited to intent and gross negligence; any further liability—especially for consequential damages or damages caused by force majeure—is excluded. Agreed delivery periods shall only give rise to the legal consequences of § 323 (2) no. 2 BGB (i.e. waiver of the requirement to set an additional deadline for rescission) if this has been expressly agreed in writing.
4.3 If delays occur due to circumstances for which the customer is responsible, risk and any additional costs—such as storage costs—shall pass to the customer at the moment the customer is informed of the readiness for delivery. Furthermore, if installation or assembly has been agreed, the customer must ensure unrestricted, unhindered access to the delivery or installation location. Any costs for the use of technical aids (e.g. lifts, freight elevators or cranes) shall be borne by the customer.

5. Payment, Offsetting and Payment Modalities

5.1 Prices and Invoicing
5.1.1 All stated prices are gross prices, ex our premises, unless otherwise agreed in writing. The invoice is issued on the day of delivery—this also applies to partial deliveries—and is due for payment immediately without deduction. Payment shall only be deemed made when NatureWatt GmbH has unrestricted disposal of the payment. All fees, discounts, collection costs and other incidental expenses shall be borne by the customer. We reserve the right to request a reasonable down payment.

5.2 Offsetting and Rights of Retention
5.2.1 Deductions for discounts or rebates are only permissible if expressly agreed. Payments shall be credited in the following order: first to accrued dunning costs and interest, then to the oldest outstanding invoice. The customer is not entitled to offset any claims against our claims or to exercise a right of retention, unless the customer’s counterclaim has been expressly acknowledged by NatureWatt GmbH or has been legally established. Claims assigned to the customer may generally not be offset against our claims. In the event of a material deterioration in the customer’s creditworthiness, we reserve the right to demand advance payments or security deposits. If the customer fails to fulfil his payment obligations within 30 days of receipt of goods and invoice, he shall be in default by operation of law; in such case, default interest at a rate of 5 percentage points above the base interest rate shall be payable, and we reserve the right to withhold further deliveries and revoke agreed payment terms, demanding immediate settlement of outstanding claims.

5.3 Payment Methods
We generally offer the following payment options:

Advance Payment (Vorkasse): Upon selection of this option, you will receive our bank details in a separate email. The goods will be dispatched only after receipt of full payment.
PayPal: Payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A. You must be registered with PayPal and log in with your credentials to complete the payment. The payment transaction is executed immediately after the order is placed.
Credit Card: Credit card payments are processed via Stripe. During the order process, you enter your credit card details, and the charge is made immediately upon order completion.

Any additional payment modalities, discounts or rebates require a separate, express agreement.

6. Claims for Damages in Case of Non-Acceptance of Goods

6.1 If the customer fails to accept the ordered goods or retains them due to default of payment, NatureWatt GmbH shall be entitled to demand liquidated damages. Such damages amount to 40 % of the value of goods already in production or ready for shipment at our supplier, and 20 % of the value of the remaining outstanding goods. This lump sum serves to cover costs, raw material price risks and lost profits. The customer may provide evidence that the actual damage is lower.
6.2 The assertion of further claims for damages remains unaffected.

7. Right of Withdrawal

Consumers have the statutory right to withdraw from the contract within the period specified in our separate Right of Withdrawal Notice. This right of withdrawal applies exclusively to consumers; entrepreneurs are not entitled to such a right.

8. Retention of Title

8.1 Until full payment of the purchase price and all associated claims, the delivered goods remain the sole property of NatureWatt GmbH. This applies to both consumers and entrepreneurs.
8.2 The customer is entitled to use the goods only in the ordinary course of business. Any other disposal—especially transfer, pledging, transfer of ownership by way of security or granting to third parties—requires our express written consent. Should third parties seize or otherwise interfere with the reserved goods, the customer must notify NatureWatt GmbH immediately and completely in writing (e.g. by presenting the seizure protocol or comparable evidence). If NatureWatt GmbH must repossess the goods due to risk of loss, damage or improper handling, such repossession shall not constitute rescission from the contract; any intervention costs incurred shall be borne by the customer.
8.3 For entrepreneurs, ownership of the reserved goods shall only pass upon full settlement of all claims arising from the ongoing business relationship.

9. Warranty, Guarantees and Manufacturer’s Warranty

9.1 Warranty
The statutory liability for defects shall apply. In the event of defects in the delivered goods, the customer shall have the statutory rights.

9.2 Guarantees and Customer Service
If guarantees extending beyond statutory warranty rights are offered, the specific terms applicable to each product or indicated on separate information pages in our online shop shall apply. Our customer service team is available to answer any questions regarding guarantee claims.

9.3 Manufacturer’s Warranty
NatureWatt GmbH does not assume any warranty beyond the statutory rights. In case of any manufacturer’s warranty, claims lie exclusively against the respective manufacturer within the scope of such warranty. Notwithstanding, the customer remains obliged to pay the contractual prices to NatureWatt GmbH.

10. Liability

10.1 Liability in Case of Intent, Gross Negligence or Special Damages
For damages caused by NatureWatt GmbH, its legal representatives or vicarious agents, we shall be fully liable in cases of injury to life, body or health, for injury caused intentionally or through gross negligence, for breach of expressly guaranteed characteristics, or insofar as the scope of application of the German Product Liability Act opens.

10.2 Limitation of Liability in Case of Slight Negligence
In the event of breach of material contractual obligations (“cardinal obligations”)—which are obligations whose fulfilment is essential for proper execution of the contract and upon which the contractual partner regularly relies—our liability for slight negligence shall be limited to foreseeable damage typical for such contracts.

10.3 Exclusion of Further Damages
Unless otherwise provided in clauses 10.1 or 10.2, all further claims for damages are excluded.

11. Unaffected Liability for Injuries or Statutory Mandatory Liability

The liability exclusions and limitations in clause 10 do not apply in the following cases:

Injury to life, body or health;
Intentional or grossly negligent breach of duty;
Breach of cardinal obligations;
Cases where statutory mandatory liability cannot be excluded.

12. Final Provisions, Applicable Law, Dispute Resolution and Severability Clause

12.1 Applicable Law and Jurisdiction
The legal relationships between NatureWatt GmbH and the customer are governed exclusively by the laws of the Federal Republic of Germany; the UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply. If you are a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising out of or in connection with contractual relationships between us shall be our registered office (Munich).

12.2 Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at https://ec.europa.eu/consumers/odr. Consumers have the option to use this platform for out-of-court dispute resolution. However, we are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

12.3 Written Form
Any amendments, additions or cancellations of individual provisions require written form to be effective—this also applies to any waiver of the written-form requirement. Oral collateral agreements, even those made before conclusion of the contract, shall have no effect.

12.4 Severability Clause
Should any provision of these GTC be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, a legally valid provision shall apply that most closely corresponds to the economic purpose of the invalid provision. If such a substitute provision cannot be agreed, statutory provisions shall apply.

13. Amendments to the GTC

NatureWatt GmbH reserves the right to amend or supplement these GTC at any time in order to comply with new legal, technical or commercial requirements. Customers will be informed of planned changes in a timely and appropriate manner. The amended GTC shall come into effect upon publication, unless a later date is expressly agreed. If the customer does not object to the changes within a reasonable period, they shall be deemed accepted. Should any provision of the amended GTC be invalid, the validity of the remaining provisions shall remain unaffected.