Latest Version: 21.10.2025
1.1 These General Terms and Conditions (hereinafter referred to as „GTC”) of the company DiniTech GmbH (hereinafter referred to as „Seller”) apply to all contracts concluded between a consumer or a trader (hereinafter referred to as „Client”) and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur within the meaning of these GTC is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their independent professional or commercial activity.
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by fax, e-mail or post.
2.3 When the customer places an order via the seller's online shop, the seller sends the customer an e-mail confirming receipt of the customer's order by the seller and listing its details (order confirmation).
This order confirmation does not constitute acceptance of the offer by the seller, but is only intended to inform the customer that we have received their order.
2.4 When an offer is submitted via the seller's online order form, it is saved by the seller.
In addition, the offer is archived on the seller's website and can be accessed free of charge by the customer via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the seller's online shop before sending his order.
2.5 Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
2.6 A purchase contract is only concluded when the seller accepts the customer's offer. If the order is sent in more than one package, the customer may receive a separate shipping confirmation for each package.
3.1 The consumer may withdraw from a distance contract or an off-premises contract within 14 days without giving reasons.
3.2 The period for withdrawal begins
1. for service contracts, on the day the contract is concluded,
2. for sales contracts and other contracts for the purchase of goods against payment
a) on the day on which the consumer or a third party other than the carrier designated by the consumer acquires possession of the goods,
b) if the consumer has ordered several goods as part of a single order which are delivered separately, on the day on which the consumer or a third party named by the consumer who is not acting as a carrier acquires possession of the last goods delivered,
c) in the case of delivery of goods in several partial shipments, on the day on which the consumer or a third party designated by the consumer and not acting as a carrier acquires possession of the last partial shipment,
d) in the case of contracts for the regular delivery of goods over a fixed period of time, on the day on which the consumer or a third party other than the carrier designated by the consumer acquires possession of the goods first delivered.
3. in the case of a contract for the supply of water, gas or electricity not offered in a limited volume or quantity, the supply of district heating or the supply of digital content not stored on a tangible medium, on the day the contract is concluded.
3.3 The declaration of withdrawal is not bound to any particular form. The consumer can use the sample withdrawal form, which can be downloaded from the seller's website. The withdrawal deadline is met if the declaration of withdrawal is sent within the deadline.
3.4. In the event of withdrawal, the consumer shall bear the direct costs of returning the goods.
4.1 Unless otherwise stated in the seller's offer, the prices quoted are final prices that include statutory VAT. Any additional delivery and shipping costs incurred are stated separately in the respective product description.
4.2 Payment options are available to the customer, which are specified in the seller's online store.
4.3 Unless otherwise agreed, delivery will only be made against advance payment.
4.4 In the case of „delivery on account“, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction. The seller reserves the right to carry out a credit check for the payment method "delivery on account" and to reject this payment method if the credit check is negative.
4.5 Customs: If the Buyer orders products from the Seller for delivery outside the EU, this may be subject to import duties and taxes, which are collected once the package reaches the specified destination. Any additional charges for customs clearance must be paid by the customer; the seller has no control over these charges. Customs regulations vary from country to country, so the customer should contact their local customs office for more information. It should also be noted that when ordering from the seller, the customer is considered the importer and must comply with all laws and regulations of the country in which the customer receives the products. The protection of the customer's data is important to us and we would like to draw the attention of our international customers to the fact that cross-border deliveries are subject to opening and inspection by customs authorities.
5.1 Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address specified by the customer.
5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable advance notice of the service.
5.3 The risk of accidental loss and accidental deterioration of the goods sold shall pass from the seller to the transport company upon handover. If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration in the case of sale by dispatch shall pass upon delivery of the goods to a suitable carrier at the seller's place of business.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately.
5.5 In the case of self-collection, the seller first informs the customer by e-mail that the goods ordered by him are ready for collection. After receiving this e-mail, the customer can collect the goods from the seller's premises by arrangement with the seller. In this case, no shipping costs will be charged.
5.6 Delivery and performance dates are subject to timely delivery by the Seller's suppliers, provided that the Seller is not responsible for the delay or non-delivery by the Seller's suppliers. Force majeure, including strikes, lockouts, blockades, fire, traffic disruptions, disruptions in the supply of energy and raw materials, states of emergency and other sovereign measures for which the Seller is not responsible shall extend the delivery periods appropriately. If delivery becomes impossible or unreasonable in whole or in part as a result, the Seller shall be entitled to withdraw from the contract. The aforementioned circumstances shall not give rise to any claims for damages or price reductions on the part of the Buyer.
6.1 In the case of consumers, the seller retains ownership of the delivered goods until the purchase price owed has been paid in full.
6.2 In relation to entrepreneurs, the seller reserves the right of ownership of the delivered goods until all claims arising from an ongoing business relationship have been settled in full.
6.3 The seller prohibits the customer from reselling the reserved goods until the purchase price has been paid in full.
7.1 If the goods are defective, the statutory provisions apply.
7.2 For consumers, the limitation period for claims for defects is
a) for new goods, two years from delivery of the goods to the customer
b) for used goods, one year from delivery of the goods to the customer.
7.3 If the customer is acting as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.
7.4 If the supplementary performance has taken the form of a replacement delivery, the customer is obliged to return the goods first delivered to the seller within 30 days at the seller's expense. The defective goods must be returned in accordance with the statutory provisions.
7.5 We reserve the right to make printing errors, model changes, color and structural deviations in the advertising media that deviate from the product description.
The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:
8.1 The seller shall be liable without limitation for any legal reason
a) in the event of intent or gross negligence,
b) in the event of negligent or intentional injury to life, limb or health,
c) on the basis of a guarantee promise, unless otherwise agreed,
d) due to mandatory liability such as under the Product Liability Act.
8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with Section 8.1. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.
8.3 Any further liability of the seller is excluded.
8.4 The above liability provisions shall also apply with regard to the liability of the Seller for its vicarious agents and legal representatives.
9.1 Austrian substantive law shall apply. The applicability of the UN Convention on Contracts for the International Sale of Goods is excluded. Austrian domestic jurisdiction is agreed. The place of jurisdiction is the registered office of the seller.
9.2 For all actions brought against a consumer who has his domicile, habitual residence or place of employment in Austria due to disputes arising from this contract, one of the courts in whose district the consumer has his domicile, habitual residence or place of employment shall have jurisdiction.
9.3 If individual provisions of these terms and conditions are or become invalid or ineffective, this shall not affect the validity of the remaining provisions.
Our team will be happy to answer any questions you may have about NRGkick and the associated services.
DiniTech Straße 1
8083 Sankt Stefan / R
Austria
Sales: +43 664 537 62 51
E-mail: office@mobile-ladestation.at
© Copyright DiniTech GmbH
