Terms & Conditions
Terms & Conditions
General Terms and Conditions
(hereinafter referred to as “GTC”)
(hereinafter referred to as “GTC”)
§ 1 Scope of Application
(1) These General Terms and Conditions apply to all contracts concluded between us, Kemando Global Trade GmbH, represented by Chen, Xiong, Spaldingstraße 210, 20097 Hamburg, e-mail: qichengongsi@outlook.com, and you as our customer. They apply regardless of whether you are a consumer, entrepreneur or merchant.
(2) All agreements between you and us relating to the purchase contract or the service contract are contained in particular in these Terms of Sale, our written order confirmation and our declaration of acceptance.
(3) The version of the GTC valid at the time the contract is concluded shall be decisive.
(4) We do not accept any deviating conditions of the customer. This shall also apply if we do not expressly object to their inclusion.
(5) The GTC govern the sale of products and the provision of services in the field of solar systems.
(1) These General Terms and Conditions apply to all contracts concluded between us, Kemando Global Trade GmbH, represented by Chen, Xiong, Spaldingstraße 210, 20097 Hamburg, e-mail: qichengongsi@outlook.com, and you as our customer. They apply regardless of whether you are a consumer, entrepreneur or merchant.
(2) All agreements between you and us relating to the purchase contract or the service contract are contained in particular in these Terms of Sale, our written order confirmation and our declaration of acceptance.
(3) The version of the GTC valid at the time the contract is concluded shall be decisive.
(4) We do not accept any deviating conditions of the customer. This shall also apply if we do not expressly object to their inclusion.
(5) The GTC govern the sale of products and the provision of services in the field of solar systems.
§ 2 Formation of the Contract
(1) The presentation and advertising of articles on our websites and in our advertisements do not constitute a binding offer to conclude a purchase contract for a product or a service contract.
(2) Enquiries may be submitted to us in writing or electronically. We will prepare offers based on your individual requirements. Contracts may be concluded in various ways, including via our website, by e-mail or on site. The exact modalities of contract formation are explained in the respective offers and order confirmations.
(3) A contract is not concluded merely by your acceptance of the offer sent or handed to you. Any offer made by us merely constitutes the basis for you to submit a binding contractual declaration (offer).
(4) We will check receipt of your order without undue delay and likewise confirm it by e-mail. Such an e-mail does not yet constitute binding acceptance of the order, unless acceptance is declared in it in addition to confirmation of receipt.
(5) A contract is only concluded when we accept your order by issuing an order confirmation. The order confirmation contains a description of the agreed services, prices and payment terms. Amendments and additions to orders require the written consent of both contracting parties. The supplier reserves the right to make reasonable adjustments to prices and delivery dates.
(6) The provisions of paras. 1 – 5 regarding the formation of the contract apply both to the commissioning of a service and to the purchase of any of our products.
(7) Should it prove impossible to hand over the products you ordered, we will refrain from issuing a declaration of acceptance. In this case no contract is concluded. We will inform you of this without undue delay and refund any consideration already received without undue delay.
(8) Orders for delivery abroad will only be considered if they reach a minimum order value. You can find the minimum order value in the price information provided.
(9) We reserve the right to make design changes insofar as they concern customary and/or immaterial modifications, in particular improvements to the goods. However, we are under no obligation to make changes to products already delivered.
(1) The presentation and advertising of articles on our websites and in our advertisements do not constitute a binding offer to conclude a purchase contract for a product or a service contract.
(2) Enquiries may be submitted to us in writing or electronically. We will prepare offers based on your individual requirements. Contracts may be concluded in various ways, including via our website, by e-mail or on site. The exact modalities of contract formation are explained in the respective offers and order confirmations.
(3) A contract is not concluded merely by your acceptance of the offer sent or handed to you. Any offer made by us merely constitutes the basis for you to submit a binding contractual declaration (offer).
(4) We will check receipt of your order without undue delay and likewise confirm it by e-mail. Such an e-mail does not yet constitute binding acceptance of the order, unless acceptance is declared in it in addition to confirmation of receipt.
(5) A contract is only concluded when we accept your order by issuing an order confirmation. The order confirmation contains a description of the agreed services, prices and payment terms. Amendments and additions to orders require the written consent of both contracting parties. The supplier reserves the right to make reasonable adjustments to prices and delivery dates.
(6) The provisions of paras. 1 – 5 regarding the formation of the contract apply both to the commissioning of a service and to the purchase of any of our products.
(7) Should it prove impossible to hand over the products you ordered, we will refrain from issuing a declaration of acceptance. In this case no contract is concluded. We will inform you of this without undue delay and refund any consideration already received without undue delay.
(8) Orders for delivery abroad will only be considered if they reach a minimum order value. You can find the minimum order value in the price information provided.
(9) We reserve the right to make design changes insofar as they concern customary and/or immaterial modifications, in particular improvements to the goods. However, we are under no obligation to make changes to products already delivered.
§ 3 Performance of the Contracts
(1) Where our services do not involve the purchase of a product, the subject matter of our services is the provision of an agreed service (contract for services) and not the achievement of a specific result (not a contract for work). The services commissioned shall be deemed rendered when the required services have been performed and any questions that may arise have been dealt with. The customer undertakes, in his own interest, to provide all relevant information truthfully and completely.
(2) In the course of providing the services we apply our knowledge and skills in the above-mentioned areas. A subjectively expected result on your part cannot be promised or guaranteed. We undertake to provide the agreed service in accordance with the applicable quality standards.
(3) You are obliged to use the information materials, reports and analyses produced by us in the course of the service only for your own purposes. You receive an exclusive, non-transferable right of use thereto. All documents and tables are either personal and not usable by third parties or have been prepared individually for you by us.
(4) All documents produced by us are protected by copyright. This applies both to content on our website and to other documents. You are not entitled to reproduce, distribute or make such documents publicly available. You are also not entitled to make photographic, film or sound recordings of the methods of the service without our express permission.
(5) The service is based on co-operation. You are not obliged to implement the recommendations given. You acknowledge that all steps and measures taken by you in the course of the service are your sole responsibility.
(6) We are entitled to postpone the performance of a service if we or a third party engaged by us is prevented from performing the service at the agreed time through no fault of our own, e.g. due to civil unrest, strike, lock-out, natural disasters, severe weather, traffic disruption or illness. In this case you shall have no claim for damages.
(7) Illustrations and descriptions of services and products on our website are for illustrative purposes only and are only approximate. No guarantee is given that they will be fully complied with.
(8) We are entitled to make adjustments to the content or sequence of the service for professional reasons, e.g. if there is a need to update or further develop the content of the service, provided that this does not result in any material change in the content of the service and the change is reasonable for you.
(9) We do not have to perform the service ourselves; we are entitled at our discretion to delegate the performance of the service to third parties, e.g. subcontractors.
(1) Where our services do not involve the purchase of a product, the subject matter of our services is the provision of an agreed service (contract for services) and not the achievement of a specific result (not a contract for work). The services commissioned shall be deemed rendered when the required services have been performed and any questions that may arise have been dealt with. The customer undertakes, in his own interest, to provide all relevant information truthfully and completely.
(2) In the course of providing the services we apply our knowledge and skills in the above-mentioned areas. A subjectively expected result on your part cannot be promised or guaranteed. We undertake to provide the agreed service in accordance with the applicable quality standards.
(3) You are obliged to use the information materials, reports and analyses produced by us in the course of the service only for your own purposes. You receive an exclusive, non-transferable right of use thereto. All documents and tables are either personal and not usable by third parties or have been prepared individually for you by us.
(4) All documents produced by us are protected by copyright. This applies both to content on our website and to other documents. You are not entitled to reproduce, distribute or make such documents publicly available. You are also not entitled to make photographic, film or sound recordings of the methods of the service without our express permission.
(5) The service is based on co-operation. You are not obliged to implement the recommendations given. You acknowledge that all steps and measures taken by you in the course of the service are your sole responsibility.
(6) We are entitled to postpone the performance of a service if we or a third party engaged by us is prevented from performing the service at the agreed time through no fault of our own, e.g. due to civil unrest, strike, lock-out, natural disasters, severe weather, traffic disruption or illness. In this case you shall have no claim for damages.
(7) Illustrations and descriptions of services and products on our website are for illustrative purposes only and are only approximate. No guarantee is given that they will be fully complied with.
(8) We are entitled to make adjustments to the content or sequence of the service for professional reasons, e.g. if there is a need to update or further develop the content of the service, provided that this does not result in any material change in the content of the service and the change is reasonable for you.
(9) We do not have to perform the service ourselves; we are entitled at our discretion to delegate the performance of the service to third parties, e.g. subcontractors.
§ 4 Prices, Payment Terms, Set-Off and Retention
(1) All price information in our offer are gross prices including statutory value-added tax. Payment modalities are set out in the individual contract.
(2) The purchase price or the fee for the service must be paid in full to the account specified by us within 14 days of receipt of our invoice, unless otherwise agreed or stated in the invoice.
(3) The customer may apply for payment by instalments. Payment by instalments is subject to the following conditions:
a) The customer may request the instalment payment option by written enquiry to us.
b) The amount and number of instalments shall be set out in a separate instalment plan drawn up by the seller and communicated to the customer.
c) Instalments are subject to a separate agreement, including any interest or fees incurred.
d) The first instalment is due at the time specified in the agreement. Subsequent instalments are due at the agreed times.
(4) In the event of default in payment we reserve the right to charge default interest and reminder costs in accordance with statutory provisions.
(5) You are not entitled to set off against our claims unless your counterclaims have been finally established by a court or are undisputed. You are also not entitled to set off against our claims if you assert notices of defects or counterclaims arising from the same purchase contract.
(6) As purchaser or client of the service you may only exercise a right of retention if your counterclaim arises from the same purchase contract or service contract.
(1) All price information in our offer are gross prices including statutory value-added tax. Payment modalities are set out in the individual contract.
(2) The purchase price or the fee for the service must be paid in full to the account specified by us within 14 days of receipt of our invoice, unless otherwise agreed or stated in the invoice.
(3) The customer may apply for payment by instalments. Payment by instalments is subject to the following conditions:
a) The customer may request the instalment payment option by written enquiry to us.
b) The amount and number of instalments shall be set out in a separate instalment plan drawn up by the seller and communicated to the customer.
c) Instalments are subject to a separate agreement, including any interest or fees incurred.
d) The first instalment is due at the time specified in the agreement. Subsequent instalments are due at the agreed times.
(4) In the event of default in payment we reserve the right to charge default interest and reminder costs in accordance with statutory provisions.
(5) You are not entitled to set off against our claims unless your counterclaims have been finally established by a court or are undisputed. You are also not entitled to set off against our claims if you assert notices of defects or counterclaims arising from the same purchase contract.
(6) As purchaser or client of the service you may only exercise a right of retention if your counterclaim arises from the same purchase contract or service contract.
§ 5 Duration and Termination of Service Contracts
(1) The duration of the service contract results from the respective contract. If it is a one-off provision of a service, this is noted in the contract and the following paragraphs of § 6 do not apply.
(2) Ordinary termination of the service contract must be effected in writing at the latest one month before the end of the respective contract term.
(3) The right to extraordinary termination remains unaffected.
(4) If the contractual relationship is not terminated at least one month before the end of the respective term, it shall be extended in each case by a further month if you are a consumer. In the case of entrepreneurs the contractual relationship shall be extended in each case by the original term.
(5) After expiry of the regular term the notice period shall be one month to the end of the extended term. Termination must again be in writing.
(6) Cancellations of ongoing orders require the written consent of both contracting parties. We may demand reasonable compensation for services already rendered or costs incurred.
(1) The duration of the service contract results from the respective contract. If it is a one-off provision of a service, this is noted in the contract and the following paragraphs of § 6 do not apply.
(2) Ordinary termination of the service contract must be effected in writing at the latest one month before the end of the respective contract term.
(3) The right to extraordinary termination remains unaffected.
(4) If the contractual relationship is not terminated at least one month before the end of the respective term, it shall be extended in each case by a further month if you are a consumer. In the case of entrepreneurs the contractual relationship shall be extended in each case by the original term.
(5) After expiry of the regular term the notice period shall be one month to the end of the extended term. Termination must again be in writing.
(6) Cancellations of ongoing orders require the written consent of both contracting parties. We may demand reasonable compensation for services already rendered or costs incurred.
§ 6 Delivery and Deadlines
(1) Delivery dates or deadlines are non-binding unless expressly agreed otherwise in writing.
(2) An agreed delivery period begins, unless otherwise agreed in writing, upon dispatch of the order confirmation or expiry of the revocation period. It is conditional upon all commercial and technical questions having been clarified with the customer and the customer having fulfilled all obligations incumbent upon him, such as provision of required documents, approvals, releases and agreed payments; otherwise the delivery time is extended appropriately, unless we are responsible for the delay.
(3) Delivery deadlines are met
a) in the case of owed assembly, upon readiness for acceptance – in the case of carriage-paid delivery, upon handover,
b) in other cases, when the object of delivery has left the works or readiness for dispatch has been notified (ex-works delivery).
c) Delivery or performance delays due to force majeure and events that do not merely temporarily make delivery/performance significantly more difficult or impossible (in particular strike, lock-out, official orders, even if they occur at our suppliers or their sub-suppliers) – are not attributable to us even where deadlines/dates have been bindingly agreed.
We are entitled to postpone delivery/performance by the duration of the hindrance plus a reasonable start-up period and to withdraw from the contract in whole or in part in respect of the part not yet fulfilled. We shall inform the customer of the beginning and end of such hindrances as soon as possible.
(1) Delivery dates or deadlines are non-binding unless expressly agreed otherwise in writing.
(2) An agreed delivery period begins, unless otherwise agreed in writing, upon dispatch of the order confirmation or expiry of the revocation period. It is conditional upon all commercial and technical questions having been clarified with the customer and the customer having fulfilled all obligations incumbent upon him, such as provision of required documents, approvals, releases and agreed payments; otherwise the delivery time is extended appropriately, unless we are responsible for the delay.
(3) Delivery deadlines are met
a) in the case of owed assembly, upon readiness for acceptance – in the case of carriage-paid delivery, upon handover,
b) in other cases, when the object of delivery has left the works or readiness for dispatch has been notified (ex-works delivery).
c) Delivery or performance delays due to force majeure and events that do not merely temporarily make delivery/performance significantly more difficult or impossible (in particular strike, lock-out, official orders, even if they occur at our suppliers or their sub-suppliers) – are not attributable to us even where deadlines/dates have been bindingly agreed.
We are entitled to postpone delivery/performance by the duration of the hindrance plus a reasonable start-up period and to withdraw from the contract in whole or in part in respect of the part not yet fulfilled. We shall inform the customer of the beginning and end of such hindrances as soon as possible.
§ 7 Retention of Title
The delivered goods remain our property until the purchase price has been paid in full. You are obliged to treat the goods with care while the retention of title subsists.
The delivered goods remain our property until the purchase price has been paid in full. You are obliged to treat the goods with care while the retention of title subsists.
§ 8 Warranty
(1) We shall be liable for material or legal defects in delivered articles in accordance with the statutory provisions. The limitation period for statutory defect claims is two years and begins upon delivery of the goods.
(2) Any seller’s warranties we may give for certain articles or manufacturer’s warranties granted for certain articles shall be in addition to the claims for material or legal defects within the meaning of para. 1. Details of the scope of such warranties result from the warranty conditions which may be enclosed with the articles. Manufacturer’s warranties/performance guarantees remain unaffected; however, they do not oblige us beyond the warranty period.
(1) We shall be liable for material or legal defects in delivered articles in accordance with the statutory provisions. The limitation period for statutory defect claims is two years and begins upon delivery of the goods.
(2) Any seller’s warranties we may give for certain articles or manufacturer’s warranties granted for certain articles shall be in addition to the claims for material or legal defects within the meaning of para. 1. Details of the scope of such warranties result from the warranty conditions which may be enclosed with the articles. Manufacturer’s warranties/performance guarantees remain unaffected; however, they do not oblige us beyond the warranty period.
§ 9 Liability
(1) We shall be liable to you in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with statutory provisions for damages or reimbursement of wasted expenditure.
(2) In all other cases we shall – unless otherwise regulated in para. 3 – only be liable for breach of a contractual obligation, the fulfilment of which first enables the proper performance of the contract and on the observance of which you as a customer may regularly rely (so-called cardinal obligation), and then limited to compensation of the foreseeable and typical damage. In all other cases our liability is excluded, subject to the provisions of para. 3.
(3) Our liability for damages arising from injury to life, body or health and under the Product Liability Act remains unaffected by the above.
(1) We shall be liable to you in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with statutory provisions for damages or reimbursement of wasted expenditure.
(2) In all other cases we shall – unless otherwise regulated in para. 3 – only be liable for breach of a contractual obligation, the fulfilment of which first enables the proper performance of the contract and on the observance of which you as a customer may regularly rely (so-called cardinal obligation), and then limited to compensation of the foreseeable and typical damage. In all other cases our liability is excluded, subject to the provisions of para. 3.
(3) Our liability for damages arising from injury to life, body or health and under the Product Liability Act remains unaffected by the above.
§ 10 Intellectual Property, Rights of Use and Copyright
(1) We reserve all proprietary rights and copyrights to tender documents as well as to all illustrations, drawings, calculations and other documents. Documents marked “confidential” may only be passed on to third parties with our express written consent.
(2) All copyrights and other intellectual property rights to the digital products created remain with us, unless otherwise agreed in the individual contract. We grant you the necessary rights of use to the digital products to enable you to utilise the agreed services.
(3) All sales permits, brand usage permits, images, data permits and rights to interpret functions are provided on the basis of agreements or contracts with Chinese manufacturers and are subject to the respective approval conditions.
(4) The customer receives from us the right to use brands, logos and technical data under the conditions set out in the agreements or contracts.
(5) The use of brands, logos and technical data is restricted to the purposes agreed in the contract, including sales, advertising, marketing, consulting and service.
(6) We reserve all proprietary rights and copyrights to tender documents as well as to all illustrations, drawings, calculations and other documents. Documents marked “confidential” may only be passed on to third parties with our express written consent.
(1) We reserve all proprietary rights and copyrights to tender documents as well as to all illustrations, drawings, calculations and other documents. Documents marked “confidential” may only be passed on to third parties with our express written consent.
(2) All copyrights and other intellectual property rights to the digital products created remain with us, unless otherwise agreed in the individual contract. We grant you the necessary rights of use to the digital products to enable you to utilise the agreed services.
(3) All sales permits, brand usage permits, images, data permits and rights to interpret functions are provided on the basis of agreements or contracts with Chinese manufacturers and are subject to the respective approval conditions.
(4) The customer receives from us the right to use brands, logos and technical data under the conditions set out in the agreements or contracts.
(5) The use of brands, logos and technical data is restricted to the purposes agreed in the contract, including sales, advertising, marketing, consulting and service.
(6) We reserve all proprietary rights and copyrights to tender documents as well as to all illustrations, drawings, calculations and other documents. Documents marked “confidential” may only be passed on to third parties with our express written consent.
§ 11 Right of Revocation
(1) If the customer is a consumer, we refer to the separate revocation instruction.
(2) If the customer is a business, the right of revocation is excluded.
(1) If the customer is a consumer, we refer to the separate revocation instruction.
(2) If the customer is a business, the right of revocation is excluded.
§ 12 Data Protection
(1) The customer expressly consents to the electronic processing of his personal data within the framework of the following provisions. Customer data will be treated in strict confidence. The data provided by the customer will be used exclusively for the preparation of personalised offers and consultations as well as for our own market research and contract performance. Data will not be passed on to third parties.
(2) We undertake to comply with data protection regulations, in particular the EU General Data Protection Regulation (GDPR) and other relevant legal norms. The processing of personal data is carried out in accordance with our data protection provisions.
(3) The separate data protection provisions on our homepage under the link Data Protection apply.
(1) The customer expressly consents to the electronic processing of his personal data within the framework of the following provisions. Customer data will be treated in strict confidence. The data provided by the customer will be used exclusively for the preparation of personalised offers and consultations as well as for our own market research and contract performance. Data will not be passed on to third parties.
(2) We undertake to comply with data protection regulations, in particular the EU General Data Protection Regulation (GDPR) and other relevant legal norms. The processing of personal data is carried out in accordance with our data protection provisions.
(3) The separate data protection provisions on our homepage under the link Data Protection apply.
§ 13 European Online Dispute Resolution
(1) We draw attention to the online dispute resolution pursuant to Art. 14 para. 1 ODR-Regulation: The European Commission provides a platform for online dispute resolution (ODR) which you can find at https://ec.europa.eu/consumers/odr. This can be used for the out-of-court settlement of consumer disputes arising from online contracts.
(2) We are neither ready nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
(1) We draw attention to the online dispute resolution pursuant to Art. 14 para. 1 ODR-Regulation: The European Commission provides a platform for online dispute resolution (ODR) which you can find at https://ec.europa.eu/consumers/odr. This can be used for the out-of-court settlement of consumer disputes arising from online contracts.
(2) We are neither ready nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
§ 14 Final Provisions
(1) German law shall apply. If you placed the order as a consumer and your habitual residence was in another country at the time of your order, the application of mandatory legal provisions of that country remains unaffected by the choice of law in sentence 1.
(2) If you are a merchant and your registered office was in Switzerland at the time of the order, the exclusive place of jurisdiction shall be our registered office in Zug. Otherwise the statutory provisions on local and international jurisdiction shall apply.
(3) Oral promises, side agreements and assurances given by employees require the written form to be legally effective; this shall also apply to supplements, amendments or side agreements.
(4) Should individual provisions of the respective purchase contract or service contract be or become invalid or void, the validity of the purchase contract as a whole shall not be affected. The invalid or void provision shall instead be interpreted freely and replaced by a provision which comes closest to the purpose of the contract or the intention of the parties.
(5) Amendments and supplements to the purchase contract or service contract require the written form to be effective. There are no oral side agreements.
(1) German law shall apply. If you placed the order as a consumer and your habitual residence was in another country at the time of your order, the application of mandatory legal provisions of that country remains unaffected by the choice of law in sentence 1.
(2) If you are a merchant and your registered office was in Switzerland at the time of the order, the exclusive place of jurisdiction shall be our registered office in Zug. Otherwise the statutory provisions on local and international jurisdiction shall apply.
(3) Oral promises, side agreements and assurances given by employees require the written form to be legally effective; this shall also apply to supplements, amendments or side agreements.
(4) Should individual provisions of the respective purchase contract or service contract be or become invalid or void, the validity of the purchase contract as a whole shall not be affected. The invalid or void provision shall instead be interpreted freely and replaced by a provision which comes closest to the purpose of the contract or the intention of the parties.
(5) Amendments and supplements to the purchase contract or service contract require the written form to be effective. There are no oral side agreements.