Terms and Conditions

1. Scope

(1) These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded via our online store between us,

Greenfuture GmbH

Schrecken 390

6883 Au

Austria

Email: office@green-future.at

Management

Tobias Sohm (CEO)

Fabian Sohm (CEO)

Commercial Register: Feldkirch Regional Court FN 607727 t,

VAT ID: ATU79614767

and you as our customer. The GTC apply regardless of whether you are a consumer, entrepreneur, or merchant.

(2) All agreements made between you and us in connection with the purchase contract are based in particular on these Terms and Conditions of Sale, our written order confirmation, and our declaration of acceptance.

(3) The version of the Terms and Conditions valid at the time of contract conclusion shall apply.

(4) We do not accept any deviating terms and conditions of the customer. This also applies even if we do not expressly object to their inclusion.

2. Conclusion of the Contract

(1) The presentation and promotion of items in our online shop do not constitute a binding offer to conclude a sales contract.

(2) By submitting an order via the online shop by clicking the “Place Order” button, you are placing a legally binding order. You are bound by the order for a period of two (2) weeks after placing the order; your right to cancel your order under Section 3, if applicable, remains unaffected by this.

(3) We will immediately confirm receipt of your order placed via our online shop by email. Such an email does not yet constitute a binding acceptance of the order, unless it contains both the confirmation of receipt and a declaration of acceptance.

(4) A contract is only concluded when we accept your order by means of a declaration of acceptance or by delivering the ordered items.

(5) We can only process orders for international shipments if they meet a minimum order value. You can find the minimum order value in the price information provided in our online shop.

(6) If delivery of the goods you ordered is not possible, for example because the goods are out of stock, we will refrain from issuing a declaration of acceptance. In this case, a contract is not formed. We will inform you of this immediately and refund any payments already received without delay.

3. Right of Withdrawal

(1) If you are a consumer (i.e., a natural person placing the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you are entitled to a right of withdrawal in accordance with statutory provisions.

(2) If you, as a consumer, exercise your right of withdrawal pursuant to Section 1, you must bear the standard costs of the return shipment.

(3) In all other respects, the provisions set forth in detail in the following

Withdrawal Policy

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods.

To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by mail, fax, or email). You may use the attached model withdrawal form for this purpose, though this is not mandatory. You may also fill out and submit the model withdrawal form or another unambiguous statement electronically on our website (www.green-future.at). If you make use of this option, we will immediately send you (e.g., via email) a confirmation of receipt of such a withdrawal.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse you for all payments we have received from you (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us) without delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. For this refund, we will use the same payment method you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever occurs first.

You must return or hand over the goods to us or to (insert here, if applicable, the name and address of the person authorized by you to receive the goods) immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the fourteen-day period expires.

You bear the direct costs of returning the goods.

You are only liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties, and functionality.

– End of the Cancellation Policy –

(4) The right of cancellation does not apply to distance contracts

(a) for the delivery of goods that were manufactured according to customer specifications or that are clearly tailored to personal needs or that, due to their nature, are not suitable for return or are liable to spoil quickly or whose expiration date would be exceeded,

(b) for the delivery of audio or video recordings or software, provided that you have unsealed the delivered data carriers.

4. Delivery Terms and Requirement for Advance Payment

(1) We are entitled to make partial deliveries, provided this is reasonable for you.

(2) For orders from customers with a residence or place of business abroad, or if there are reasonable grounds to suspect a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (prepayment requirement). If we exercise the right to require payment in advance, we will notify you immediately. In this case, the delivery period begins upon payment of the purchase price and shipping costs.

5. Prices and Shipping Costs

(1) All prices listed in our online shop are gross prices including applicable sales tax, where applicable, and do not include shipping costs.

(2) By claiming the zero tax rate (§ 12(3) UStG), you declare that you meet the requirements for applying the zero tax rate (§ 12(3) UStG) for this specific purchase. By doing so, you certify that you are the operator of the photovoltaic system and that it is a qualifying building, or that the installed gross capacity of the photovoltaic system does not exceed or will not exceed 30 kW (peak) according to MAStR. Should an external audit reveal that the eligibility requirements were not met, the applicable VAT will be invoiced.

(3) Shipping costs are listed in our price quotes in our online shop. The price, including sales tax and applicable shipping costs, is also displayed in the order form before you submit the order.

(4) If we fulfill your order via partial deliveries in accordance with § 4(1), you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.

(5) If you effectively revoke your contractual declaration in accordance with § 3, you may, under the statutory conditions, demand reimbursement of shipping costs already paid for delivery to you (outbound shipping costs) (see § 3(3) regarding other consequences of revocation).

(6) Section 28(62) of the Austrian Value Added Tax Act of 1994 (UStG 1994) provides that, effective January 1, 2024, no value-added tax will be levied on the supply, intra-Community acquisition, importation, and installation of photovoltaic modules (so-called “zero tax rate” or “genuine VAT exemption”). A prerequisite is that the peak output of the photovoltaic system (in total) does not exceed 35 kW (peak) and that the photovoltaic system is operated by the operator on or near specific buildings. A further prerequisite is that no application for an investment subsidy under the Renewable Energy Expansion Act (EAG), Federal Law Gazette I No. 150/2021, as amended, has been submitted for the photovoltaic system in question by December 31, 2023 (regarding the interaction between the application for an investment subsidy and the zero tax rate, as well as the transitional provision under Section 28(63) of the Value Added Tax Act 1994 for systems commissioned before January 1, 2024). Should an independent audit reveal that the order does not comply with these facts, the customer shall be liable for the false information.

(7) The following applies to deliveries to Switzerland: Customers with a delivery address in Switzerland agree to bear all costs incurred in the recipient country themselves. These include, in particular, customs clearance fees and Swiss import sales tax (CH import tax). These charges are not collected by Greenfuture GmbH but must be paid by the customer directly to the relevant authorities or the logistics company. A refund or assumption of these costs by us is excluded.

(8) If you request telephone or email support and consulting services after purchasing photovoltaic products and/or accessories, we will invoice you for our services. For customers seeking advice on products not purchased from us, we charge 100 euros net (120 euros gross, including VAT) per working hour (60 minutes). Furthermore, 75 euros net (90 euros gross, including VAT) per working hour will be charged if a customer has partially obtained consulting services for photovoltaic products and/or accessories from us (here, a functioning photovoltaic system is taken as a reference; for example, if solar modules from another seller are used in combination with system components from Greenfuture GmbH and consulting services are requested in this context, the aforementioned rate of 75 euros net applies). If a customer requests consulting services and has purchased all products for a photovoltaic system from us, no costs are incurred. Consulting services are billed in increments of 15 minutes.

(9) For deliveries of photovoltaic products and associated components to customers with a delivery address in Italy, a reduced Italian VAT rate (currently 10% instead of 22%) may be applied—provided that the requirements under Italian VAT law in effect at the time of delivery are met. During the ordering process, the customer may optionally select that the reduced VAT rate be applied to the respective order. By making this selection, the customer expressly confirms and warrants that they meet all legal requirements for the application of the reduced VAT rate and that the ordered products will be used exclusively for the installation or expansion of a photovoltaic system and not for mere resale or for other, non-eligible purposes. If, during the processing of the order or based on subsequent findings—such as during internal audits or audits by the relevant tax authorities—it turns out that the requirements for applying the reduced VAT rate were not met in whole or in part or have subsequently ceased to apply, in particular because the ordered products do not constitute parts of a photovoltaic system or are used for other purposes, we are entitled to apply the standard Italian VAT rate (currently 22%) and to subsequently invoice the customer for the resulting difference. The customer is obligated to pay these difference amounts immediately and to indemnify us against any additional tax claims, interest, and penalties imposed by the competent tax authorities that are based on incorrect or incomplete information provided by the customer.

6. Terms of Payment, Set-off, and Right of Retention

(1) The purchase price and shipping costs must be paid no later than two (2) weeks after receipt of our invoice.

(2) You may, at your discretion, transfer the purchase price and shipping costs to the account specified in our online shop, grant us a direct debit authorization, or pay by EC/Maestro or credit card. In the event of a granted direct debit authorization or payment by EC/Maestro or credit card, we will initiate the debit of your account no earlier than the time specified in paragraph 1. A direct debit authorization granted remains valid for future orders until revoked.

(3) You are not entitled to set off your claims against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to set off your claims against our claims if you assert complaints or counterclaims arising from the same purchase contract.

(4) As the buyer, you may exercise a right of retention only if your counterclaim arises from the same purchase contract.

(5) Prepayment

If you select the prepayment method, we will provide you with our bank details in a separate email and ship the goods upon receipt of payment.

(6) Payment via SOFORT / Sofortüberweisung

If you select the payment method SOFORT / Sofortüberweisung, payment processing is handled by the payment service provider Sofort GmbH (Theresienhöhe 12, 80339 Munich, Germany; “SOFORT”). Sofort GmbH is a company of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden). To use the SOFORT payment method, you must have an online banking account that has been activated for this purpose. During the payment process as part of the order, you must authenticate yourself and confirm the payment instruction to SOFORT. Your bank account will be debited immediately after the order is placed. For more information about SOFORT, please visit https://www.klarna.com/sofort/.

(7) PayPal Plus

As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There, you can enter your payment details, confirm the use of your data by PayPal, and confirm the payment instruction to PayPal.

If you have selected PayPal as your payment method, you must be registered with PayPal or first register and authenticate yourself with your login credentials in order to pay the invoice amount. The payment transaction is automatically processed by PayPal immediately after confirmation of the payment instruction. You will receive further instructions during the ordering process.

If you have selected the credit card payment method, you do not need to be registered with PayPal to pay the invoice amount. The payment transaction will be processed by your credit card company immediately after confirmation of the payment instruction and after your authentication as the legitimate cardholder, at PayPal’s request, and your card will be charged. Further instructions will be provided during the ordering process.

If you have selected the “Invoice” payment method, you do not need to be registered with PayPal to pay the invoice amount. After successful address and credit checks and submission of the order, we assign our claim to PayPal. In this case, you may only make payments to PayPal with debt-discharging effect. In addition to our Terms and Conditions, PayPal’s Terms and Conditions and Privacy Policy apply to payment processing via PayPal. Further information and PayPal’s complete Terms and Conditions for purchase on account can be found here: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE.

(8) Payment via Stripe

If you select a payment method offered via the “Stripe” payment service (EPS, Giropay, Klarna, credit or debit card), payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). To process payments, Stripe may use additional payment services, which may be subject to specific payment terms and conditions that the customer may be notified of separately. Further information about Stripe is available online at https://stripe.com/de. Stripe’s complete Terms of Service can be found at https://stripe.com/de/legal/consumer.

7. Retention of Title

(1) The delivered goods remain our property until the purchase price has been paid in full.

8. Warranty

(1) We are liable for material defects or defects of title in delivered items in accordance with applicable statutory provisions, in particular. Furthermore—with reference to Section 377(1) of the Austrian Commercial Code (UGB)—the reasonable period for filing a complaint regarding defects is set at one week from delivery of the goods. The statute of limitations for statutory claims for defects is two years and begins upon delivery of the goods.

(2) Any seller’s warranties provided by us for certain items or manufacturer’s warranties granted by the manufacturers of certain items shall apply in addition to claims for material defects or defects of title within the meaning of paragraph 1. Details regarding the scope of such warranties are set forth in the warranty terms and conditions, which may be included with the items.

9. Liability

(1) We are liable to you in all cases of contractual and non-contractual liability for intentional acts and gross negligence in accordance with statutory provisions for damages or reimbursement of futile expenses.

(2) In other cases—unless otherwise provided in paragraph 3—we are liable only for a breach of a contractual obligation whose fulfillment is essential for the proper performance of the contract and on whose compliance you, as the customer, may regularly rely (so-called cardinal obligation), and such liability is limited to compensation for foreseeable and typical damages. In all other cases, our liability is excluded, subject to the provision in paragraph 3. In particular, we are not liable for lost feed-in tariffs, unless these were caused by our intentional or grossly negligent conduct.

(3) Our liability for damages resulting from injury to life, limb, or health and under the Product Liability Act remains unaffected by the foregoing limitations and exclusions of liability.

10. Copyrights

(1) We hold the copyrights to all images, videos, and texts published in our online shop. Use of the images, videos, and texts is not permitted without our express consent.

11. Governing Law and Jurisdiction

(1) The law of the Republic of Austria applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you placed the order as a consumer and have your habitual residence 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 made in sentence 1.

(2) If you are a merchant and have your registered office in Austria at the time of the order, the exclusive place of jurisdiction is the seller’s registered office, 6883 Au, Austria. In all other respects, the applicable statutory provisions govern local and international jurisdiction.

(3) Dispute resolution: The European Commission has established an online platform for the resolution of disputes. The platform serves as a point of contact for the out-of-court resolution of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.

12. Support, Obligations to Cooperate, and Returns

(1) In the event of a support request, the customer agrees to remote access to the respective photovoltaic system by Greenfuture GmbH or its sales partners (e.g., Solar Energy Anstalt). This applies regardless of whether the matter involves a warranty claim.

(2) The customer undertakes to actively cooperate during the support process, in particular by providing timely feedback, sharing technical information, and implementing simple instructions (e.g., performing firmware updates).

(3) Returns and repairs may only be made with prior written approval from Greenfuture GmbH. Unauthorized shipments will not be processed and will be returned at the customer’s expense.

(4) The customer must ensure that the latest firmware is installed on the relevant device prior to submitting a support request. If this requirement is not met, Greenfuture GmbH may arrange for the device to be returned or for a firmware update to be performed at the customer’s expense.

(5) If it turns out that no warranty claim exists (e.g., due to operating errors, improper handling, or the customer’s own fault), the support services provided will be billed to the customer. An hourly rate of 120 euros net (plus applicable sales tax) applies, with billing in 15-minute increments.