These terms and conditions apply to all business relationships between the fri GmbH & Co. KG (https://www.fri.energy/impressum) and our customers.
Private customers in this sense are people with a place of residence and a delivery address in Germany, insofar as the goods you have ordered cannot be attributed to their commercial or independent professional activity.
- The prices shown are final prices including sales tax. The amount that was shown at the time of the binding order confirmation applies.
- In the case of contract changes or additions after signing the offer fri GmbH & Co. KG by the customer, corresponding price adjustments must be agreed in writing with the customer, unless a price adjustment is already evident from the nature of the matter.
Conclusion and content of the contract
- Offers from the fri GmbH & Co.KG, verbally or in writing, are always subject to change and non-binding, unless otherwise agreed. The order by the customer is considered a binding contract offer. Orders only become legally binding when they are confirmed in writing by fri GmbH & Co. KG are confirmed or the orders are executed as agreed with the customer's consent.
- Oral promises of fri GmbH & Co. KG prior to the conclusion of a contract are legally non-binding and verbal agreements between the fri GmbH & Co. KG and the customer are replaced by the written order offer, unless they expressly state that they continue to be binding.
- information of fri GmbH & Co. KG on the subject of the delivery and service are only approximately relevant, unless the usability for the contractually intended purpose requires an exact match or unless they are expressly designated as binding. Customary deviations that are due to legal regulations or technical improvements, as well as the replacement of parts by equivalent or higher-quality parts are permitted, provided they do not impair the usability for the contractually intended purpose. Assured properties or guarantees of quality and durability must be agreed separately in writing.
- The offer of fri GmbH & Co.KG includes the necessary electrical work for connection to the low-voltage network of the local energy supply company and registration with the energy supplier, as well as registration in the market master data register. As part of the application, the fri GmbH & Co. KG has no influence on whether and when the connection to the grid takes place. The delay in connection to the network by the network operator does not entitle the customer to refuse to pay the final bill or to reduce it.
- A specific level of profitability/ self-sufficiency of the photovoltaic system is not part of the contract. At the of the fri GmbH & Co. KG are non-binding model calculations.
Obligations to cooperate customer
- The fri GmbH & Co. KG cannot check whether the installation and operation of the photovoltaic system on the customer's roof conflicts with fundamental public law (e.g. building law or monument protection law) provisions. Any restrictions must be clarified by the customer and the fri GmbH & Co. KG.
- The customer allows the fri GmbH & Co. KG and those of the fri GmbH & Co. KG commissioned third parties unrestricted access to the assembly site, insofar as this is necessary for the provision of the contractually owed services. The customer must ensure that assembly and commissioning can be carried out without interruption.
transfer of risk
The risk of accidental loss and accidental deterioration passes to the customer when the goods are handed over. The handover during the assembly of a photovoltaic system takes place with the possibility of commissioning. It is not necessary for the network operator to reset the meter.
- Payment is made exclusively by invoice.
- The invoice for the order is sent by e-mail or by post.
- Payment is due within 5 days of receipt of invoice. There are installment payments according to the offer fri GmbH & Co. KG due.
- In the event of a delay in payment fri GmbH & Co. KG is entitled to demand interest on arrears at a rate of 5 percentage points above the base interest rate pa announced by the Deutsche Bundesbank for the time of the order. If a higher damage caused by default has demonstrably arisen, fri GmbH & Co.KG entitled to assert this.
Right of retention and set-off
- The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
- The customer can only offset claims that are undisputed or legally established.
- If, after conclusion of the contract, it becomes apparent that the claim for payment is at risk due to the customer's inability to pay (section 321 of the German Civil Code), the fri GmbH & Co. KG is entitled to withdraw from the contract according to the statutory provisions to refuse performance if the customer does not provide full payment or appropriate securities.
- The delivery is made to the delivery address specified by the customer, within Germany after agreement by a forwarding agent. Upon arrival, the delivery must be checked by the customer for completeness and damage.
- The conclusion of the contract is subject to the correct and timely delivery to us by our suppliers. The delays in delivery and performance that arise due to the fact that the fri GmbH & Co. KG itself was not supplied in time or properly by the supplier or subcontractor fri GmbH & Co. KG not responsible if the fri GmbH & Co. KG carefully selected the supplier or subcontractor and ordered from them in good time so that timely delivery or execution and service could be expected. In the event of late self-delivery, the fri GmbH & Co. KG for a loss of earnings.
- If force majeure (natural disasters, war, civil war, terrorist attack, pandemics) makes delivery or any other service permanently impossible, an obligation to perform is fri GmbH & Co. KG excluded. Amounts already paid will be fri GmbH & Co. KG reimbursed immediately.
- fri GmbH & Co. KG can also refuse performance if this requires an effort that is grossly disproportionate to the customer's interest in the fulfillment of the purchase contract, taking into account the content of the purchase contract and the requirements of good faith. Amounts already paid will be fri GmbH & Co. KG reimbursed immediately.
- Bulky goods (packages with a volume of more than 1 square meter) are usually delivered by a forwarding agent. fri GmbH & Co. KG expressly points out that these goods are not carried into the house.
- If the goods are delivered with obvious transport damage, please report such defects to the deliverer as soon as possible and contact us immediately.
- No compensation will be paid for delays in delivery. We expressly exclude any liability for late delivery due to force majeure.
Retention of title
- The delivered goods remain the property of until all existing claims from the purchase contract have been settled in full fri GmbH & Co. KG.
- Due to the retention of title, the customer may neither resell the goods nor dispose of the goods and may not contractually grant third parties use of the goods.
- The fri GmbH & Co. KG reserves all property rights, copyrights and other intellectual property rights to all offers made by it as well as drawings, roof layout plans, calculations and other documents made available to the customer. Without the express consent of fri GmbH & Co.KG, the documents mentioned in S.1 may not be made accessible to third parties, neither as such nor in terms of content, disclosed, used or duplicated by third parties. On demand is the fri GmbH & Co. KG to return or destroy the documents and any copies made if they are no longer required by the customer in the ordinary course of business or if this did not lead to the conclusion of a contract. If the customer culpably violates the obligations named in paragraph 3, he is obliged to pay a contractual penalty of 10% of the offer value.
The customer agrees that the fri GmbH & Co. KG may name the installed systems as a reference and advertise with photos of the system.
The following data on the system will be published:
- completion date
- level of self-sufficiency
- Size of the system in kWp
- picture of the plant
The publication can take place on the following platforms:
- A product that is already defective upon delivery (warranty case) is fri GmbH & Co. KG at the customer's choice at the expense of fri GmbH & Co. KG with a defect-free replacement or have it professionally repaired (subsequent performance). The customer is informed that there is no warranty case if the product had the agreed quality at the time of the transfer of risk. A warranty case does not exist in the following cases in particular:
a) in the event of damage caused to the customer by misuse or improper use,
b) in the event of damage caused by the customer's products being exposed to harmful external influences (in particular extreme temperatures, humidity, exceptional physical or electrical stress, voltage fluctuations, lightning strikes, static electricity, fire).
- fri Furthermore, GmbH & Co. KG does not provide any guarantee for a fault caused by improper repairs by a service partner not authorized by the manufacturer.
- If the type of supplementary performance desired by the customer (replacement delivery or repair) requires an effort which, in view of the product price, taking into account the content of the contract and the requirements of good faith, is grossly disproportionate to the customer's interest in performance - with the value of the object of purchase in particular being defect-free condition, the significance of the defect and the question of whether the other type of subsequent performance can be used without significant disadvantages for the customer - the customer's claim is limited to the other type of subsequent performance. The right of fri GmbH & Co. KG to refuse this other type of subsequent performance under the aforementioned condition remains unaffected.
- Both in the case of repair and in the case of replacement delivery, the customer is obliged to return the product at the expense of fri GmbH & Co. KG, stating the order number, to the return address you specified. Before sending in the customer has to remove objects inserted by him from the product. fri GmbH & Co. KG is not obliged to examine the product for the installation of such items. liable for the loss of such items fri GmbH & Co. KG, unless it was for fri GmbH & Co. KG immediately recognizable that such an object has been inserted into the product (in this case informed fri GmbH & Co. KG the customer and keeps the item ready for the customer to collect; the customer bears the resulting costs). In addition, before sending in a product for repair or replacement, the customer must, if necessary, make separate backup copies of the system software on the product, the applications and all data on a separate data medium and deactivate all passwords. Liability for data loss is not taken. Likewise, after the repaired or replacement product has been returned to the customer, it is the customer's responsibility to install the software and data and to reactivate the passwords.
- The customer can choose to withdraw from the contract or reduce the purchase price if the repair or replacement delivery is made within a reasonable period of time Frist has not led to a contractual condition of the product.
- In addition, there may also be claims against the manufacturer within the framework of a guarantee granted by the manufacturer, which are based on the corresponding guarantee conditions.
- The statutory limitation periods applyfristen. If it is a purchase contract with assembly work, the statute of limitations isfrist 2 years according to § 438 Abs.1 Nr.3 BGB.
- The guaranteefrist is 24 months. The customer may use the photovoltaic system during the warranty periodfrist only be serviced and maintained by a specialist company qualified to carry out professional repairs.
- Liable for damages fri GmbH & Co. KG, for whatever legal reason, in the case of intent and gross negligence.
- liable for slight negligence fri GmbH & Co. KG only in the event of a breach of essential contractual obligations and limited to the foreseeable damage. This limitation does not apply to injury to life, limb or health. Liable for other slightly negligent damage caused by a defect in the purchased item fri GmbH & Co. KG does not.
- Regardless of fault fri GmbH & Co. KG remains liable fri GmbH & Co. KG in the event of fraudulent concealment of the defect or the assumption of a guarantee, as well as for any claims arising from the Product Liability Act. The manufacturer's guarantee is a guarantee from the manufacturer and does not constitute the assumption of a guarantee fri GmbH & Co. KG.
- fri GmbH & Co. KG is also responsible for the accidental impossibility of delivery that occurs during the delay, unless the damage would have occurred even if the delivery had been made on time.
- The personal liability of legal representatives, vicarious agents and employees is excluded fri GmbH & Co. KG for damage caused by slight negligence.
Right of withdrawal and cancellation policy
You have the right to revoke contracts concluded online within fourteen days without giving reasons.
The withdrawal period is fourteen days from the date of the conclusion of the contract.
To exercise your right, you have to (fri GmbH & Co.KG, Konrad-Zuse-Straße 1A, 18184 Roggentin) by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you revoke this contract, we have paid you the payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you. Under no circumstances will you be charged any fees for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You have to return the goods to us (fri GmbH & Co. KG, Konrad-Zuse-Straße 1A, 18184 Roggentin) to be returned or handed over. the Frist is preserved if you return the goods before the expiry of the Frist of fourteen days.
We bear the cost of returning the goods.
Refund Request Form Template
An fri GmbH & Co. KG, Konrad-Zuse-Strasse 1A, 18184 Roggentin
E-Mail: info @fri.energy
I/we (_______) hereby revoke the contract entered into by me/us (______) for the purchase of the following goods (__________)
Ordered on (____)/received on (______)
Name of consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only in the case of a communication on paper)
We are obliged to inform you about the alternative dispute resolution according to Art. 14 Para.1 ODR-VO and § 36 VSBG (Consumer Dispute Participation Act).
The Commission provides a platform for online dispute resolution, which you can find at this address:
We are not obligated and unwilling to participate in a dispute settlement procedure before a consumer arbitration board.
- German law applies to the exclusion of the UN purchase law.
- Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the rest of the contract, insofar as a contractual partner is not unreasonably disadvantaged as a result.
- Changes or additions to the contracts and agreements, including these General Terms and Conditions, must be made in writing to be effective. This also applies to the cancellation of this written form requirement. Transmission by e-mail is sufficient to comply with the written form.