Terms and Conditions

§ 1 Scope of Application
The following General Terms and Conditions (hereinafter referred to as "Conditions") apply to the sale and delivery of performance items and services by Epotronic GmbH (hereinafter referred to as "Epotronic"), as well as to all contractual relationships with entrepreneurs within the meaning of § 14 BGB, legal entities under public law, or special public law funds (hereinafter referred to as "Customers") and Epotronic.

These Conditions exclusively apply. Epotronic expressly rejects any contrary or deviating terms and conditions of the Customer, unless Epotronic has expressly agreed to their validity in writing.

These Conditions shall also apply if Epotronic, with knowledge of the Customer’s contrary or deviating terms, performs services without reservation.

Acceptance of deliveries or partial deliveries shall always be deemed as acknowledgment of these Conditions unless the Customer objects in writing within one (1) week after receiving the delivery.

These Conditions also apply to all future transactions between Epotronic and the Customer, without requiring renewed explicit inclusion. If these Conditions are amended, the updated version applies from the moment it is sent to the Customer or becomes accessible to them, unless the Customer objects in writing without delay.

§ 2 Contract Conclusion
The initial offer from Epotronic is non-binding and does not constitute a commitment. Orders are binding for the Customer. A contract is only concluded through the Customer’s order and the written confirmation of the order by Epotronic, either via letter, fax, or email. The contract is also deemed concluded if the Customer accepts the performance item under these Conditions and Epotronic provides the item without having previously sent a confirmation. In case of doubt, the order acceptance or confirmation from Epotronic shall prevail.

§ 3 Performance Item
Information contained in catalogs or similar documents and details made within or outside the written contractual content—such as illustrations, drawings, descriptions, measurements, weights, performance data, consumption figures, or references to the usability of equipment for new technologies—do not constitute guarantees or assurances of characteristics, unless explicitly stated as such and confirmed in writing by Epotronic.

Minor deviations from the offer description are deemed accepted and do not affect the fulfillment of the contract, provided they are not unreasonable for the Customer. This particularly applies to changes and improvements in line with technical advancements.

Epotronic performs its services—that is, performance items and/or services—according to the written contractual content, particularly as defined in the final specification of the performance item. Any alternative or additional specifications are only valid if explicitly confirmed in writing by Epotronic.

Performance items or services not covered by the explicit service descriptions in the contract must be agreed upon separately in writing.

§ 4 Prices and Payment
Unless agreed otherwise on an individual basis, prices are based on Epotronic’s valid price list at the time the contract is concluded (subject to printing errors and mistakes), which becomes part of the contract. Prices are net ex works (Epotronic's place of business, which is also the place of performance), plus the applicable VAT, and exclusive of packaging and installation. Freight, postage, customs, transportation, insurance, and other incidental costs are charged separately. Prices do not include any disposal fees in accordance with the European WEEE directive.

Shipping is arranged at Epotronic’s discretion. Epotronic delivers in standard commercial packaging. Special packaging (e.g., seaworthy packaging) or freight-/cost-free delivery is only provided if explicitly agreed in writing.

Deliveries are made on a prepayment basis only, unless another payment method has been agreed in writing. The preferred payment method can be indicated on the order form and must be confirmed by Epotronic in the order confirmation or invoice.

If the Customer is in default with a due payment or if facts become known that indicate a significant deterioration in the Customer’s financial situation or insolvency—or if the Customer is unwilling to pay without legal justification—Epotronic is entitled, in addition to § 4 paragraph 3, to demand immediate payment of all outstanding invoices and to require prepayment for all further deliveries. Alternatively, Epotronic may withdraw from the contract after setting a reasonable deadline for payment. The Customer may avert these rights by providing a security acceptable to Epotronic, typically an unlimited bank guarantee from a credit institution in the EU, USA, Japan, Australia, or Switzerland.

The Customer has no right of retention. Offsetting by the Customer with counterclaims—including reductions due to alleged defects—is only permitted with counterclaims that are legally established or undisputed. Claims for restitution under unjust enrichment remain unaffected. Outstanding credit notes do not entitle the Customer to withhold payment unless the credit is due.

If shipping or delivery is delayed by more than one (1) month at the Customer's request after notification of readiness for shipment, or if deliveries are not accepted within the agreed time, or orders not called off, Epotronic is entitled—after setting a deadline and issuing a warning of rejection—to withdraw from the contract. In such cases, Epotronic may charge the Customer a storage fee of 0.5% of the delivery value for each month or part thereof, up to a maximum of 5% in total. Proof of higher or lower storage costs remains unaffected for both parties.

Customer claims against Epotronic may only be assigned with Epotronic’s explicit consent.

§ 5 Delivery Time and Performance
Delivery deadlines and dates indicated by Epotronic are non-binding unless expressly agreed as binding. Any changes made subsequently to the contract regarding the performance item invalidate previously agreed deadlines and dates. In such cases, Epotronic and the Customer shall agree on reasonable new performance deadlines and dates.

Compliance with delivery deadlines and dates by Epotronic requires the timely fulfillment of the Customer’s duties to cooperate, including the provision of all documents to be supplied by the Customer, necessary approvals and clearances (especially plans), as well as compliance with agreed payment terms and other obligations. If Epotronic is awaiting Customer cooperation or information, or is otherwise impeded in execution through no fault of its own, the delivery deadlines and dates shall be extended by the duration of the impediment and a reasonable start-up time thereafter. Epotronic must notify the Customer of the impediment beforehand. If the failure to meet deadlines is due to force majeure or other disruptions not attributable to Epotronic, § 12 applies; in such cases, agreed deadlines shall be extended appropriately. Delivery deadlines and dates are deemed met if, by their expiry, the performance item has left Epotronic’s warehouse (place of performance) or readiness for shipment has been communicated to the Customer.

Epotronic is expressly entitled to make partial deliveries and perform partial services if this is reasonable for the Customer.

Epotronic is only in default upon receiving a formal reminder. In the event of a delay attributable to Epotronic or if performance becomes impossible due to Epotronic’s fault, the Customer is entitled to withdraw from the contract—but only after setting a reasonable grace period or, if a grace period is inappropriate due to the nature of the breach, issuing a written warning with a threat of rejection upon expiry. This right applies to all deliveries not reported as ready for shipment by the deadline. All reminders and notices from the Customer must be in writing to be effective.

The Customer is obliged, upon request from Epotronic, to state within a reasonable period whether they will withdraw from the contract due to the delay or insist on performance. The Customer’s right of withdrawal is excluded if the delay or impossibility is not attributable to Epotronic.

Epotronic may use independent subcontractors to fulfill its obligations. However, Epotronic remains directly liable to the Customer. Epotronic decides at its sole discretion which employees are used or replaced to perform the contract.

§ 6 Transfer of Risk / Shipping
The risk passes to the Customer—even in the case of carriage paid delivery—when the performance item is dispatched or picked up. For shipping and delivery of the performance item, Epotronic usually takes out insurance against common transport risks amounting to 1% of the item’s value, up to a maximum of 5 euros. The cost of transport insurance is borne by the Customer. This insurance can be waived upon written request from the Customer.

If dispatch, delivery, transfer into the Customer's operations, or trial operation is delayed for reasons attributable to the Customer, or if the Customer is in default of acceptance for other reasons, the risk shall pass to the Customer.

The Customer is obliged to accept goods that are ready for shipment. They may not refuse acceptance due to minor defects. The Customer may not accept deliveries under reservation.

In case of damage or loss of the performance item during transport, the Customer must immediately request a report and damage protocol from the carrier. Epotronic must be notified in writing within five (5) days. Transport damage does not constitute a defect. Epotronic is not liable for transport damage.

For claims regarding incorrect or incomplete delivery, § 8 paragraphs 1 to 3 of these Terms and Conditions apply.

§ 7 Deliveries Outside Germany
The Customer in the respective country agrees to place goods on the market only if the technical and legal requirements of the respective country are fulfilled. The Customer shall bear the implementation costs. The valid legal and technical regulations of the Federal Republic of Germany are decisive for the quality of the performance item. Epotronic does not guarantee that the performance item complies with the legal and technical requirements of the respective country.

§ 8 Inspection, Monitoring and Notification of Defects, Repairs
The Customer must inspect the performance item immediately upon receipt or have it inspected carefully and, if a defect is found, notify Epotronic in writing without delay, but no later than within five (5) days, with a precise description of the deviation from the agreed performance item (complaint). Receipt is deemed to have occurred when the item enters the Customer’s area of control, particularly when it has been handed over or otherwise made available for inspection.

If a defect is apparent upon careful inspection, it is deemed accepted if not reported in writing with precise details within five (5) days of receipt and inspection.

The Customer must monitor the performance item after receipt and, if a defect that was not initially apparent later becomes evident, notify Epotronic in writing without delay, but no later than five (5) days after discovery, with a detailed description. Otherwise, the defect is considered accepted.

If the performance item is returned to Epotronic and the reported defect is not confirmed, the Customer will be charged for inspection costs.

If the Customer requests rectification although no defect exists, the work will be carried out against reimbursement of the costs. Upon request, a cost estimate will be prepared. This estimate is subject to charges even if the repair is not performed.

Epotronic expressly points out to the Customer that specific safety guidelines apply for installation in public buildings or similar areas, including expert inspections. The Customer is responsible for obtaining the relevant information. Epotronic accepts no liability in this regard.

§ 9 Warranty
Epotronic provides a warranty for defects in the performance item at its discretion by means of subsequent improvement/replacement in the form of defect rectification or new delivery/performance of a defect-free performance item. If subsequent improvement/replacement fails at least twice, the Customer is entitled to demand a reduction of the price (reduction) or rescission of the contract (withdrawal). This also applies if Epotronic refuses subsequent improvement/replacement due to disproportionate costs.

If the Customer is entitled to a reduction or withdrawal according to paragraph 1, they may also claim damages or reimbursement of futile expenses in accordance with the limitations of liability stated in § 10.

Warranty claims do not apply to natural wear and tear or to damages caused after receipt due to improper or negligent handling, excessive or non-intended use, use of unsuitable operating materials, improper modifications by the Customer, or external influences not assumed under the contract. Minor deviations from the agreed condition or slight impairments of usability do not constitute defects. In software, only significant deviations from the specification of the most recent version provided to the Customer are considered defects.

If the Customer is obliged to pay compensation for use, the following depreciation applies unless lower or higher damage is proven: 1–2 months = 10%, 3–5 months = 20%, 6–12 months = 30% of the sales value. A 25% deduction applies to damaged goods or items not returned in original packaging.

Warranty claims expire within one year after delivery, except for claims related to buildings or items intended for permanent use in buildings. Claims for reduction or withdrawal are excluded if the right to subsequent improvement has expired. No warranty is provided for used goods.

Warranties or guarantees are only valid if expressly confirmed by Epotronic in writing.

§ 10 Limitation of Liability
Epotronic is fully liable for damages or reimbursement of futile expenses only in cases of intent and gross negligence, injury to life, body or health, claims under the Product Liability Act, failure to fulfill a guarantee, or other mandatory liability provisions.

In case of negligent breach of essential contractual obligations (cardinal duties), liability is limited to the foreseeable damage typical for the contract, usually not exceeding the order price or the annual payment for multi-year contracts.

Cardinal duties are those whose fulfillment is essential for the proper execution of the contract and on which the contracting party regularly relies.

Any further liability of Epotronic is excluded, regardless of the legal nature of the asserted claim, including breaches of main or ancillary obligations or tort claims.

The exclusion or limitation of claims also applies to Epotronic’s employees and agents.

These provisions do not imply a shift in the burden of proof.

The one-year limitation period under § 9 paragraph 5 also applies to claims under § 10.

§ 11 Retention of Title
The performance items (retained goods) remain the property of Epotronic until all obligations of the Customer, including ancillary claims, are fully satisfied.

Until revoked, the Customer is authorized to sell the retained goods in the ordinary course of business, provided they are not in default to Epotronic. In the event of resale, the Customer hereby assigns to Epotronic all claims arising from the resale, including all ancillary rights. The Customer is revocably authorized to collect the assigned claims but may not otherwise dispose of them. The Customer agrees not to enter into non-assignment agreements that would affect Epotronic’s rights. If a customer of the Customer insists on a non-assignment clause, the Customer must inform Epotronic immediately.

In the event of default or significant deterioration in the Customer’s financial situation, Epotronic is entitled to take possession of the retained goods, sell them privately, notify third-party debtors of the assignment, and collect the claims. The Customer agrees to grant Epotronic access to their premises and surrender the items.

Upon request, the Customer must provide Epotronic with information about the inventory of retained goods and assigned claims. In the event of third-party access (e.g., seizure or confiscation), the Customer must notify Epotronic immediately and support enforcement of Epotronic’s rights, particularly by taking necessary legal action.

The Customer must insure the retained goods according to standard business practice and assigns any insurance or compensation claims in advance to Epotronic.

§ 12 Force Majeure
Epotronic is not liable for delays in delivery or impossibility of performance caused by force majeure.

Force majeure includes, but is not limited to, disruptions caused by weather, lightning, fire, water, snow, ice, production failures, machine breakdowns, network and IT failures, cable fires, strikes, lockouts, governmental actions, war, civil unrest, shortages of labor, materials, energy, raw materials, transport means, machine damage, accidents at work, or personnel absence, whether these occur at Epotronic or at suppliers or subcontractors.

§ 13 Intellectual Property, Protective Rights, and Liquidated Damages
Epotronic retains all rights—including ownership, copyrights, related rights, and industrial property rights (hereinafter "IP Rights")—to performance items, documents, proposals, documentation, all offer materials (quotes, images, drawings, texts, data/records, software, calculations, etc.), and all other items, documents, and information provided during the initiation and execution of the contract. These may only be used and/or exploited by the Customer within the contractually agreed scope. If no contract is concluded or the contract ends, these must be returned or deleted and may not be used or exploited.

If IP Rights apply to the performance item provided by Epotronic, they are exclusively owned by Epotronic and are not encumbered by third-party rights. Epotronic is free to dispose of these rights as defined in the contract.

The Customer is not permitted, even during contract execution, to use industrial property rights (patents, trademarks, titles, etc.) of Epotronic or the performance items without a separate written agreement with Epotronic.

If a third party asserts a legitimate claim against the Customer for infringement of IP Rights due to contractually used performance items delivered by Epotronic, Epotronic shall be liable as follows:

a) Epotronic shall, at its discretion and expense, either obtain a right of use for the performance item, modify it to avoid infringement, or replace it. If this is not feasible under reasonable conditions, Epotronic shall take back the item and refund the price.

b) These obligations only apply if the Customer promptly informs Epotronic in writing of such third-party claims, does not acknowledge the infringement, and leaves all defense measures and settlement negotiations to Epotronic. If the Customer discontinues use for damage mitigation, they must inform the third party that this does not constitute acknowledgment of the infringement.

No claims exist if the Customer is responsible for the infringement, or if it results from specific Customer requirements, an unforeseeable application, or unauthorized modification, integration, or combination with third-party items.

Further claims against Epotronic are excluded. § 10 remains unaffected, as does the Customer’s right of withdrawal. At the time of contract conclusion, no third-party IP rights were known to Epotronic that would be infringed by contractually compliant use of the performance items. Both parties agree to inform each other promptly of any known risks or claims and to cooperate in defending them.

If the Customer uses IP Rights not granted by Epotronic—especially in cases of unauthorized sublicensing—they must pay liquidated damages of three times the purchase price (§ 4(1)), but at least EUR 10,000.00 for each violation. Proof of lesser damage by the Customer remains possible.

§ 14 Confidentiality
Epotronic and the Customer agree to maintain confidentiality regarding all business, operational, organizational, and technical information, knowledge, and experience disclosed, made accessible, or otherwise obtained that is designated as "confidential" or should be treated as such in good faith due to the consequences of disclosure ("Trade Secrets"). Such information may only be used for contract purposes and not disclosed to third parties unless intended or already publicly known.

This confidentiality obligation also applies to contract content, implementation details, and insights gained during execution. Disclosure to third parties is prohibited, except to attorneys, auditors, financial advisors, or when legally required.

Both parties must impose equivalent confidentiality obligations on their employees, subcontractors, and others involved in contract execution.

This confidentiality obligation applies indefinitely and continues beyond contract termination.

§ 15 References, Publicity
Epotronic is entitled to use the services rendered to the Customer, including related usage/production by the Customer, for demonstration, advertising, self-promotion, informational purposes, and in marketing materials across all media platforms (TV, digital media, website, print), unless the Customer has a legitimate written objection.

Epotronic and the Customer shall cooperate in good faith regarding promotional and public communications about their relationship, the contract, the Customer’s use of Epotronic’s services, or any other agreed topic. Neither party may publish such communication without the prior written consent of the other (which shall not be unreasonably withheld).

§ 16 Final Provisions
Epotronic and the Customer agree to seek mutual solutions when asserting their respective rights and to consider each other's particular circumstances.

The contract and the rights under this contract may not be transferred or assigned without prior written consent from the other party. Such consent may not be unreasonably withheld. The Customer’s consent is not required if Epotronic transfers rights and obligations to a person or entity that substantially acquires all assets, shares, or the business of Epotronic through sale, merger, or other means, or if the contract is transferred to an affiliated company pursuant to §§ 15 ff. AktG. § 354a HGB remains unaffected.

This contract, including these Conditions, represents the entire agreement and supersedes all prior agreements regarding its subject matter. No oral side agreements exist.

Amendments, supplements, or waivers regarding any provision of this contract or these Conditions must be in writing to be effective. This also applies to a waiver of this written form requirement itself. Email transmission does not fulfill the requirement of written form.

Exclusively the laws of the Federal Republic of Germany apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

The place of performance is Epotronic’s registered office. Exclusive jurisdiction for all disputes arising from and in connection with this contract is Düsseldorf, unless Epotronic chooses to sue at the Customer's place of business or branch office.

If one or more provisions of this contract or these Conditions are invalid or unenforceable, the validity of the remaining provisions shall not be affected. In such a case, a valid and enforceable provision shall be substituted that best reflects the original economic intent. The same applies to any contractual gaps.

Cancellation Policy

The following cancellation policy applies only to consumers (excluding business clients, freelancers, self-employed persons, or other commercial customers).

Commercial customers should contact us directly. We will strive to accommodate your concern as generously as possible.

Right of Withdrawal for Consumers

You have the right to withdraw from this contract within 14 days without giving any reason.

Please use our return form at:

Withdrawal Form

Or send your withdrawal by email to:

shop@epotronic.com

To meet the withdrawal deadline, it is sufficient to send your declaration before the period expires.

Consequences of Withdrawal

You will be reimbursed for all payments made to us, including delivery costs, promptly and at the latest within 14 days of the day we receive your withdrawal notification (postal or electronic). This does not apply to physical goods. For goods, the 14-day refund period starts once you provide proof of shipment with adequate insurance or once we receive and inspect the goods—whichever occurs first.

We do not offer pickup services or provide return shipping labels. No fees will be charged for the refund.

If you do not return the goods within 14 days of your withdrawal, the right to withdraw expires. You are responsible for all return shipping costs and related risks, including for freight shipments.

You are liable for any diminished value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the goods.

Note on DJI Drones: By flying or activating the drone and linking it to DJI Care, a value reduction occurs, which will be charged in the event of withdrawal. Do not activate or fly your drone if you do not accept this.

Used or unboxed goods should be returned to:
Epotronic GmbH
Reisholzer Werftstraße 52
40589 Düsseldorf

Factory-sealed goods should be sent to:
Solectric Distributions GmbH
Epotronic Lager 1
Ubstadter Str. 23
76698 Ubstadt-Weiher

Please mark your return with your order number and email us your delivery number, or use our return form at:
Withdrawal Form

Exceptions

The right of withdrawal does not apply to customized, adapted, or made-to-order goods, activated insurances (e.g., DJI Care Refresh), or activated software products.

The right of withdrawal expires early for sealed goods that are not suitable for return for health protection or hygiene reasons if their seal was removed after delivery, or if they were inseparably mixed with other items or degraded in quality as a result.