These General Terms and Conditions govern the contractual relationship between Sulis Labs GmbH, Reuchlinstr. 10-11, 10553 Berlin (HRB 246212, District Court of Berlin, VAT ID: DE356327514) - hereinafter also referred to as the "Provider" - and its customers - hereinafter referred to as the "Customer"

1. Scope, Definitions, Right of Modification

The business relationship between the Provider and the Customer is exclusively governed by the following General Terms and Conditions in the version valid at the time of the conclusion of the contract. Where these General Terms and Conditions refer to "consumers," these are natural persons for whom the purpose of the order cannot be attributed to a commercial, independent, or freelance activity. "Entrepreneurs," on the other hand, are natural or legal persons or partnerships with legal capacity that place orders for commercial, independent, or freelance purposes. "Customers" within the meaning of these General Terms and Conditions are both consumers and entrepreneurs.

2. Subject Matter of the Contract

The subject of the contract is the sale or use of the Provider's software applications and terminal devices, which serve to operate an auxiliary heater by means of a screw-in immersion heater.

The Provider's applications - hereinafter "Apps" - include both web-based applications and future mobile applications. The web application can be accessed via the Provider's website. The mobile apps are provided via the various app stores (iOS App Store, Android Play Store, Windows Store, etc.).

The Provider’s server infrastructure forms the central link between the applications themselves and the terminal devices. If maintenance work becomes necessary, the Provider will inform the Customer in a timely manner.

3.1 Conclusion of Contract

All offers from the Provider are subject to change and non-binding.

When purchasing terminal devices from the Provider, the contract is generally only concluded upon the Provider's declaration of acceptance, which is sent in a separate email (order confirmation) for telephone orders, orders via the webshop, or other ordering channels.

Regardless of the acceptance of the contract via an order confirmation by email, a binding contract is concluded upon ordering from the Provider at the latest when the terminal devices are delivered.

3.2 Purchases by Consumers, Businesses, Installers and Resellers

The goods offered in the webshop may be purchased by consumers and businesses, including installers and resellers purchasing products for resale to their customers.

Installers and resellers may contact the Provider for business enquiries and purchasing arrangements.

4. General Obligations of the Customer

The Customer guarantees that the data provided to the Provider during the order and registration process is correct and complete. The Customer undertakes to inform the Provider immediately of any changes to the provided data and, upon the Provider's request, to re-confirm the current accuracy of the data within 15 days of receipt. This applies in particular to the Customer's name, postal address, email address, telephone and, if applicable, fax number, as well as their legal form and details regarding the chosen payment method.

5. Prices and Payment Terms

The prices displayed on the Provider's website at the time of the order shall apply. If shipping costs are incurred, the Provider will inform the Customer of the amount during the ordering process.

All prices stated on the Provider's website include the applicable statutory value-added tax. The Provider reserves the right to commission third parties to process various payment options. Invoices are generally sent to the Customer by email.

The invoice amount is due no later than 14 days after receipt of the invoice. If the Customer defaults on a payment, the Provider is entitled to charge a flat-rate reminder fee for each reminder. For each unredeemed or returned direct debit or credit card payment, the Provider is entitled to charge a flat fee, unless the Customer proves that they are not responsible for the event that triggered the damage. The Customer remains free to prove that no damage or lower damage than the flat fee has occurred.

6. Delivery and Retention of Title

This storefront serves EU countries and the United Kingdom that do not have a dedicated Novolto country storefront. For countries with their own Novolto storefront, please use that storefront. Delivery to other destinations is available on request and subject to confirmation before ordering.

The Customer is responsible for ensuring that delivery can be made to the delivery address during normal business hours. Shipping charges and destination-specific delivery information are provided before payment.

In cases of force majeure, the delivery time shall be extended appropriately. Force majeure includes, among other things, strikes, lockouts, official intervention, energy and raw material shortages, transport bottlenecks, operational disruptions, for example due to fire, water, machine damage, and lightning strikes, and all other obstructions that the Provider could not foresee and is not responsible for. The start and end times of such delivery obstacles will be communicated to you by the Provider immediately.

In the event of a delivery delay of more than two weeks after payment, the Customer has the right to withdraw from the contract. Furthermore, in this case, the Provider is also entitled to withdraw from the contract. In this event, the Provider will immediately refund any payments already made by the Customer.

The Provider reserves the right to withdraw from the contract should delivery fail three times due to the Customer's fault. Any payments already made by the Customer will be refunded by the Provider in this case. If terminal devices are delivered with obvious damage to the packaging or the contents, the Customer must notify the Provider of this, without prejudice to their warranty rights, no later than two weeks after receipt of the terminal devices so that the Provider can assert the transport damage against the contracted logistics company.

If the Customer is an entrepreneur and the contract is part of the operation of their commercial business, Section 377 of the German Commercial Code (HGB) applies.

Customers pay return shipping for non-defective returns, including withdrawal and voluntary 30-day returns. The Provider covers return shipping for defective devices. Statutory consumer rights remain unaffected. Devices remain the property of the Provider until full payment.

7. Right of Revocation

If the Customer concludes a contract with the Provider as a consumer and the Customer and the Provider use exclusively means of distance communication for contract negotiations and the conclusion of the contract (e.g., ordering via the Provider's webshop as well as by telephone, email, or fax), the Customer generally has a statutory right of revocation.

The revocation period for the delivery of terminal devices is 14 days from the day on which the Customer or a third party named by them, who is not the carrier, has taken possession of the terminal devices. If several terminal devices were ordered as part of a single order and they are delivered separately, the revocation period is 14 days from the day on which the Customer or a third party named by them, who is not the carrier, has taken possession of the last terminal device.

Customers pay return shipping for non-defective returns. The Provider covers return shipping for defective devices. Please contact the Provider to arrange the return. This does not limit statutory consumer rights.

Payments for in-app subscriptions and purchases via the Apple App Store or Google Play Store cannot be revoked and/or refunded via the Provider.

8. Voluntary Right of Return

The Provider offers a voluntary 30-day money-back trial for immersion heaters sold through this storefront. Notify the Provider within 30 days of delivery if you wish to use this offer.

Properly installed and tested immersion heaters may be returned under the voluntary 30-day offer. Return the device undamaged, complete with all supplied accessories and in its original sales packaging. The Provider may reduce or refuse the voluntary refund for damage or incomplete returns, subject to applicable law. These conditions do not restrict statutory withdrawal or rights relating to defective goods.

There is no entitlement to a refund of shipping and return costs when exercising the voluntary right of return. The statutory right of revocation (cf. Section 7) is not affected by compliance with the requirements set out in this Section 8 and remains in effect independently thereof.

Until the expiry of the period for the statutory right of revocation, the statutory conditions listed therein apply exclusively. The (voluntary) right of return does not limit any statutory warranty rights, which remain intact without restriction.

9. Installation & Technical Requirements

The use of the Provider's applications with full functionality requires a functioning and continuously existing internet connection at the installation site. For full use of the mobile applications, a mobile data connection is also required. The provision and maintenance of the functionality of the internet connections are the responsibility of the Customer.

Before purchasing and installing the devices, check the storage tank approval and installation requirements, and confirm that the electricity meter, measurement solution and integration are compatible. Automatic surplus solar power control requires a supported measurement solution, such as a compatible Shelly device, Tibber Pulse or poweropti, or a suitable system connected through MQTT. Check that your chosen solution works with your electricity meter and is supported by novolto before purchasing. Installation requirements depend on your storage tank, electrical installation and local regulations. Follow the installation and operating manual and use a qualified installer where required. Any return following a compatibility issue is handled under the applicable withdrawal rights or voluntary 30-day offer; statutory rights remain unaffected.

10. Data Protection

In all data processing operations (e.g., collection, processing, and transmission), the Provider acts in accordance with statutory regulations. The personal data, orders, and operating data of the terminal devices transmitted by the Customer are stored electronically by the Provider. Further information on the nature, scope, location, and purpose of the collection, processing, and use of personal data necessary for the execution of orders can be found in the Provider's privacy policy.

The Provider takes state-of-the-art measures to protect data against unauthorized access. Nevertheless, it is pointed out that state-of-the-art technology cannot completely prevent third parties from attempting to access this data without authorization.

11. Liability

For damages other than those resulting from injury to life, body, or health, the Provider is only liable insofar as these are based on intentional or grossly negligent action or on a culpable breach of a material contractual obligation, i.e., an obligation the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner may regularly rely, by the Provider or its vicarious agents. Any further liability for damages is excluded.

If a material contractual obligation is breached, the Provider's liability is limited to the foreseeable damage typical for the contract. Liability under the provisions of the Product Liability Act remains unaffected. Furthermore, the Provider is not liable for damage to third-party devices connected to the Provider's terminal devices or for damage to the Provider's terminal devices, or for a lack of usability of the terminal devices, if these are based on incorrect or incomplete information provided by the Customer during the compatibility check or disregard of the Provider's instructions.

The Provider recommends that the terminal devices be installed by a specialist. If the installation was not carried out by the Provider's installation service but by a third party commissioned by the Customer (e.g., an installation company), the third party commissioned by the Customer is liable for all damages resulting from improper installation. Self-installation of the Provider's terminal devices is always at the Customer's own risk.

A repair or any intervention in the heating system, even if carried out according to the Provider's instructions, is at the sole risk of the Customer. In case of doubt, the Customer must consult a specialist for the relevant system and commission them for interventions in the system. The Provider is not liable for damages resulting from improper installation, use, handling, operation, or storage.

Insofar as not already excluded by the preceding provisions, any liability of the Provider for damage to devices connected to the terminal devices is excluded, unless the damage is demonstrably attributable to the operation of one of the Provider's terminal devices. The burden of proof lies with the Customer. If proof is impossible due to an action by the Customer (e.g., unauthorized repair), the Provider's liability is excluded. Furthermore, the Provider assumes no liability for the limitation or refusal of voluntary warranty services by third parties due to the use of the Provider's terminal devices.

Warranty claims against third parties remain unaffected and must be asserted against the respective third party. Due to the high dependence of heating costs on various factors beyond the Provider's influence (such as weather, insulation, ventilation behavior, selected target temperature settings), any liability of the Provider for the Customer's heating costs is excluded.

The Provider reserves the right to interrupt access to the software and the unrestricted use of the Provider's applications as long and to the extent necessary for compelling reasons, e.g., for necessary maintenance work on servers or programs or the necessary infrastructure, in the event of unauthorized attacks on data or computers, for the elimination of unforeseen security vulnerabilities, or other serious malfunctions. In these cases, an independent control intelligence of the terminal devices will be activated as far as possible. These brief restrictions do not give rise to any liability or warranty claims by the Customer.

12. Warranty

Statutory warranty regulations apply. When purchasing terminal devices, these generally expire after two years. In the event that the purchase was made for a commercial or self-employed professional activity, warranty claims expire after one year. When renting terminal devices, there is a right to a warranty for the entire duration of the rental agreement.

13. Final Provisions

Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the other agreements. If the Customer has no general place of jurisdiction within the European Union or is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all claims arising from the contractual relationship shall be the registered office of the Provider.

The Provider is, however, entitled to also file suit at the Customer's place of residence. German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods, even in cross-border delivery traffic, provided the Customer is not a consumer.

If the Customer is a consumer, the mandatory consumer protection provisions applicable in the state in which the Customer has their habitual residence shall apply, provided these offer the Customer greater protection.

The Provider is entitled to unilaterally change these General Terms and Conditions - insofar as they have been incorporated into the contractual relationship with the Customer - to the extent necessary to eliminate subsequently arising disturbances of equivalence or to adapt to changing legal or technical framework conditions.

The Provider will inform the Customer about an adjustment by notifying them of the content of the amended provisions. The amendment becomes part of the contract if the Customer does not object to the inclusion in the contractual relationship to the Provider in writing or in text form within six weeks after receipt of the notification of amendment.

Instructions on Revocation for Terminal Devices

Consumers have a fourteen-day right of revocation.

Right of Revocation

You have the right to revoke this contract for the purchase of terminal devices within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the terminal devices.

In order to exercise your right of revocation, you must inform us (Sulis Labs GmbH, Reuchlinstr. 10-11, 10553 Berlin, Germany) by means of a clear declaration (e.g., a letter sent by post or an email) of your decision to revoke this contract. You can use the attached model revocation form, which is not mandatory.

The easiest way to submit the declaration is via a contact request at https://novolto.eu/pages/kontakt. If you make use of this option, we will immediately send you a confirmation of receipt of your revocation (e.g., by email). To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

To comply with the revocation period, it is sufficient if you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of Revocation

If you revoke this contract, we shall repay all payments we have received from you, including delivery costs, immediately and no later than fourteen days from the day on which we received the notification of your revocation of this contract.

For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this repayment. We may withhold the repayment until we have received the devices back or until you have provided proof that you have sent the goods back, whichever is the earlier point in time.

You must return or hand over the goods to us immediately and in any event 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 back the goods before the period of fourteen days has expired.

You will bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties, and functionality of the goods.

Model Cancellation Form

If you wish to cancel your contract, please send us a notification with the following content. Items marked with (*) are to be crossed out where inapplicable.

To

Sulis Labs GmbH
Reuchlinstr. 10-11
Gebäude Q
10553 Berlin

I/we (*) hereby give notice that I/we (*) cancel my/our (*) contract for the purchase of the devices from Sulis Labs GmbH.

Ordered on (*)/received on (*):

Name of consumer(s):

Address of consumer(s):

Date

Signature of consumer(s) (only if this form is notified on paper)