Contracts concluded via our webshop at www.efoy-shop.com are transacted with SFC Energy AG, Eugen-Saenger-Ring 7, 85649 Brunnthal, Germany (hereinafter "SFC" or "we"). For all offers, deliveries and services provided by SFC, the following terms and conditions shall apply exclusively. The customer's terms and conditions shall not apply, unless their validity has been explicitly recognised by SFC.
1. Function of the webshop, offer and acceptance
1.1 The offer of goods for sale in the internet webshop represents a non-binding invitation to you to submit an offer for the purchase of the goods.
1.2 You may submit an offer to us for the purchase of goods (order) by doing the following:
Select the desired product in our webshop and click the "Add to cart" button. Our webshop then records your wish to order the article in a virtual shopping cart. You can open the shopping cart via the button at the top right that resembles a stylised shopping cart, and view the selected items, delete items from the cart or change the quantity. The delivery costs for your purchase are also displayed.
If you have added a product to your shopping cart, you can either select more products and add them to the shopping cart or complete the order.
To complete the order, open the shopping cart as described above, check your order and make any necessary changes. If you are satisfied with the contents of the shopping cart, click the "Next step" button.
Enter the billing and shipping address and click the "Next step" button.
Select the preferred method of payment. The following payment methods are available:
Please note the below payment conditions for the individual payment methods.
Click the "Next step" button.
In the next step you can check the order again and complete it by pressing the "Complete order" button. Please note that you need to confirm your acceptance of these terms and conditions and acknowledge the right of cancellation by checking the corresponding box before completing the order. If you do not agree with the validity of these terms and conditions, you may cancel the order process at this point without incurring any costs.
Please note that by pressing the "Complete order" button, you are making a binding offer to conclude the proposed purchase contract.
1.3 After completing your order you will receive a confirmation of receipt, from which you can once again view the contents of your order, information on the right of withdrawal and our terms and conditions. The confirmation of receipt is not an acceptance of your offer to complete the purchase contract. The purchase contract shall be concluded only when we have expressly confirmed the fulfilment of your order or sent the goods to you.
1.4 Please note that your contractual declaration will not be displayed again at a later time and will also not be stored for later retrieval by you. Therefore it is recommended that you save the confirmation of receipt and do not delete it.
1.5 The order invoice will be issued in writing by post or electronically by e-mail.
1.6 We do not offer products for sale to minors. If you are under 18 years old, the participation of your legal guardians is required.
2. Shipping costs, delivery times, shipping, transfer of risk
2.1 We deliver exclusively to the following countries: Germany, Austria, Belgium, Bulgaria, Cyprus, Denmark, Estonia, Spain, Finland, France, United Kingdom, Greece, Croatia, Ireland, Italy, Lithuania, Luxembourg, Latvia, Netherlands, Poland, Portugal, Sweden and Slovenia. Delivery to Germany costs €14.00 (per product) inclusive of statutory VAT. Delivery to France costs €50.00 (per product) inclusive of statutory VAT, delivery to all other countries costs €39.00 (per product) inclusive of statutory VAT.
2.2 After completing your order, we will deliver the goods within the delivery time specified for the respective product. The indicated delivery times refer to a delivery to Germany.
2.3 In the event of advance payment, the delivery times apply from the receipt of your payment by us. When paying by credit card, the specified delivery time starts on the day of order receipt.
2.4 If you do not receive the goods within the specified delivery time, you may give us a reasonable deadline for delivery. After this delivery deadline has elapsed, you may withdraw from the contract or withdraw your offer to purchase.
2.5 The risk of loss of — or damage to — the goods passes to the shipping company upon handover of the goods to them. We will support you in the assertion of claims against the transport company due to the loss of — or damage to — the goods.
2.6 If the delivered goods do not correspond to your order, do not use them and please let us know immediately so that the goods can be exchanged.
3. Retention of title
The goods shall remain our property until full payment has been received by us.
4. Prices, payment
4.1 You can pay us by prepayment or credit card.
4.2 All prices are inclusive of statutory VAT, unless explicitly stated otherwise. This also applies to the respectively specified delivery costs.
4.3 If you fall into arrears, you will be obligated to reimburse us for any resulting additional costs.
4.4 For payment by prepayment the following conditions shall apply:
After completing your order we will send you an invoice. We will only consider your order binding when your payment of this invoice has been received by us. If we receive no payment within 14 days, we shall have the right to cancel the order. Please note that the cost of the transfer shall be borne by you.
4.5 Within the scope of credit card payment, please note that payment must be authorised during the order process. Your credit card will only be charged, however, when you click on "order subject to charge" in the next step.
You can pay by Visa or Mastercard.
If the purchase agreement is reversed, paid amounts will be credited back to your credit card.
Should a product supplied by us be defective, you shall be entitled to the rights described below in accordance with the relevant statutory provisions.
5.1 A defect shall exist if the product supplied by us is defective or lacks a guaranteed feature. If certain features of the goods are specified in our webshop, these are regarded as guaranteed. Otherwise, a defect shall exist if the nature of the goods supplied negatively deviate from that expected pursuant to the purchase contract or if the goods are not suitable for the expected purpose in accordance with their nature. Furthermore, we assume no liability for the use of the product for a specific purpose, unless its use for the respective purpose has been expressly guaranteed.
5.2 If you notice a defect, you must demonstrate this defect to us. In the case of a justified notice of a defect, we shall be obliged to remedy the defect within a reasonable time or to provide a defect-free product (repair). Should we fail to meet this obligation to repair, or fail to do so within a reasonable time period, or should the repair be impossible, you shall be entitled to withdraw from the purchase contract or reduce the purchase price appropriately. In addition, where necessary we shall be obliged to compensate you for any resulting damages.
5.3 If we eliminate the defect via delivery of a defect-free item, you shall be obliged return the initially delivered item to us within 30 days at our expense.
5.4 The rights described above shall only apply if the item in question was already defective when delivered to you. If the defect should occur within 6 months, it shall be presumed that the defect already existed when the item was delivered. After 6 months, you shall be obliged to prove that the defect was already present upon delivery of the item.
5.5 Please note that your right to assert claims as described above shall expire two years following delivery of the item to you.
5.6 Please note that in general, no defect shall be considered to exist if you do not follow the instructions and warnings in the supplied operating instructions and thereby cause a deterioration to the delivered goods.
5.7 Please note that we shall be entitled to charge you for the costs associated with unwarranted notifications of defects such as transport costs, labour, materials and other additional expenses.
5.8 As a businessperson you shall be obliged to notify us immediately of any defects. Otherwise, your defect notification cannot be recognised.
5.9 If the manufacturer of the purchased product provides independent warranties, the manufacturer's warranty conditions shall apply. We provide a special warranty for the product EFOY GO!. You can find the warranty conditions here [http://www.efoy-go.com/sites/default/files/150804-Garantiebestimmung_GO_v1.pdf].
6.1 If no claim is asserted in accordance with Section 5 of this agreement or if a warranty commitment is violated, we shall be liable in accordance with the provisions of this clause.
6.2. We shall have unlimited liability if we cause damage by intentional or grossly negligent behaviour.
6.3 For damages resulting from ordinary negligence, we shall be liable only if we have violated a duty which endangers the purpose of the contract or whose fulfilment is essential to the proper execution of the contract and on whose compliance you regularly depend (so-called cardinal obligation). In this case, however, we shall only be liable for foreseeable damages which are typical of the contract.
6.4. The above-stated liability limitations shall not apply to injury to life, limb and health, for a defect after taking over a warranty for the quality of the product or for fraudulently concealed defects. Our liability under the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.
6.5. Insofar as our liability is excluded or limited, the same shall also apply for the personal liability of our employees, representatives and agents.
7. Place of performance, governing Law, jurisdiction
7.1 All legal relationships between you and us shall be governed by German law under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The jurisdiction for any disputes shall be Munich if the customer is a businessperson.
7.2 Between you and us German law shall apply under exclusion of the CISG. If you are a consumer and ordinarily resident outside the Federal Republic of Germany, the law of your country of residence shall apply if favourable statutory consumer protection provisions for you exist there.
7.3 Changes, additions and ancillary agreements shall only have validity if made in writing.
8. Right of withdrawal for consumers
8.1 When buying goods on the internet you are entitled to a statutory right of withdrawal. In the event of withdrawal, you shall be obliged to bear the costs of returning the goods.
8.2 The full statutory notice of the right of withdrawal is as follows:
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving a reason.
The withdrawal period shall be fourteen days from the date on which you (or a third party named by you other than the carrier) take possession of the goods. In the case of multiple deliveries, the withdrawal period shall be fourteen days from the date on which you (or a third party named by you other than the carrier) take possession of the last delivery of the goods.
In order to exercise your right of withdrawal, you must inform us,
SFC Energy AG
Fax: +49 89 / 673 592-369,
giving a clear declaration (e.g. in a posted letter, telefax or e-mail) of your decision to withdraw from the contract. To meet the deadline for withdrawal, it is sufficient that you send your communication concerning your decision to exercise your right of withdrawal before the expiration of the withdrawal deadline.
Consequences of withdrawal
If you withdraw from this contract, we will reimburse all payments we have received from you, including the costs of delivery (with the exception of the additional costs arising if you have selected a method of delivery other than the cheapest standard delivery offered by us) immediately and at the latest within fourteen days from the date on which the notification of withdrawal of this contract was received by us. For this repayment, we will use the same method of payment that you used in the original transaction, unless we have expressly agreed otherwise with you; in any case you will not be charged fees for this repayment.
Goods must be returned to
SFC Energy AG
immediately and in any event not later than fourteen days from the date on which you informed us about your withdrawal from the respective contract with us. This deadline shall be met provided that you dispatch the goods before the fourteen-day limit has expired. The direct cost of returning the goods shall be borne by you. You shall only be obliged to pay for any diminished value of the goods if the value loss is attributable to handling of the goods beyond that necessary to check their nature, characteristics and functioning.