General Terms & ConditionsFronius Solar Energy Webshop (shop-se.fronius.com) of Fronius Australia Pty Ltd(“Webshop Terms & Conditions”)

1. Scope; Provider Information

1.1 These General Terms & Conditions (“Webshop Terms & Conditions”) apply to the purchase of digital products (e.g., software) and services (e.g., warranties and extended warranties) via our Webshop. Within the scope of these Webshop Terms & Conditions only our own terms and conditions are applicable. Any deviating or additional terms and conditions applied by you are not binding on us, even if we do not object to them in specific cases, unless we explicitly acknowledge them. In such a case they will only apply to the individual contract in question.

1.2 Our General Terms and Conditions of Delivery and Payment (which can be accessed at https://www.fronius.com/en-au/australia/terms-and-conditions also apply. In the event of contradictions between these Webshop Terms & Conditions and the General Terms and Conditions of Delivery and Payment, the provisions of the Webshop Terms & Conditions will take precedence.

1.3 We are Fronius Australia Pty Ltd, of
90-92 Lembeck Drive | 3043 Tullamarine VIC, Melbourne | Australia T: +61/3/8340 2900 | E: pv-sales-australia@fronius.com.

Our registered office is Tullamarine, our Australian Business Number is 65 144 615 896 and our commercial objective is to produce and sell products in/from our Business Units Perfect Welding, Solar Energy, and Perfect Charging. The main regulations applicable to our company include the Commonwealth Competition and Consumer Law which can be accessed at http://www.legislation.gov.au.

2. Online Contract

2.1 The presentation of products in the Webshop constitutes a non-binding online catalog and not a legally binding offer.

2.2 The following technical steps result in a binding order, subject to payment, for services that we offer online:

2.2.1 You select the service you wish to purchase from us by clicking on th

e selection button. You then have the option of either selecting more services by clicking on the relevant selection button or continuing with the order process for the selected services by clicking on the corresponding button.

2.2.2  Clicking on the “Shopping Cart” button shows you a list of all the services selected for your order together with all the order details. You have the option of correcting any incorrect entries at any time before placing the order. Immediately before the order is placed we show you all the details again, such as the total price, including all taxes and charges, and, in the case of subscriptions, the total costs, duration, and cancellation options.

2.2.3 By clicking on the “Buy now” button, you place a binding order for the goods in your basket.

2.2.4 Once the order has been received by our server, we send you an automated technical confirmation of receipt by e-mail, which also contains the contract text for your order. We only store the contract text in the form of this e-mail.

2.2.5 Confirmation of receipt of the order is issued immediately after the order is sent and does not yet constitute acceptance of the contract. We can accept your order by sending confirmation of the order by e-mail or by making the digital content ordered available for download.

2.3 We are entitled to reject the offer without providing reasons. We may do so, in particular, if the information on our internet platform was incorrect or we cannot fulfill the order for any reasons whatsoever. In this case, any payments already submitted will be reimbursed free of charge. Any further claims for damages by the client are excluded.

2.4 You must ensure that the e-mail address you provide is correct so that the e-mails sent by us – in particular with regard to download links to digital content – can be received at this address at any time. In particular, when using SPAM filters, you must ensure that all e-mails sent by us can be delivered. You undertake to notify us immediately, at least in text form, of any changes to your delivery address, including e-mail address. We will send any legally relevant declarations to you at your last known (e-mail) address. Thus, delivery shall be deemed to have been effected even if you have changed your e-mail address without informing us accordingly.

3. Prices; Payment; Invoicing

3.1 The prices valid at the time of ordering will apply. All prices include the applicable goods and services tax.

3.2 The possible payment methods are specified during the order process.

3.3 Amounts for digital products and services are due and payable upon placement of the order. In the event of default in payment we have the rights to which we are entitled by law.

3.4 We may make an electronic invoice (e.g., in the form of a PDF document) available for download (e.g., via your user account) or send one to you via e-mail, unless otherwise agreed. At our discretion we may also send a paper invoice.

4. Offsetting; Right of Retention

You have the right to set-off or the right of retention only insofar as your counterclaim is legally established or undisputed, or your counterclaim arises from the same contractual relationship.

5. Warranty

5.1 In the event of defects, you have the rights to which you are entitled by law.

5.2 Details can be found in any terms and conditions of use relating to the digital products or in our General Terms and Conditions of Delivery and Payment (see Section 1.2).

5.3 In any case our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

a. to cancel your service contract with us; and
b. to a refund for the unused portion, or to compensation for its reduced value.

5.4 You are also entitled to choose a refund or replacement for major failures with goods.

5.5 If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.

5.6 You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

6. Liability

6.1 Without limiting clauses 5.3–5.6, our liability for damages and reimbursement of expenses is excluded unless the loss or damage results from our negligent act or omission or we have breached a material contractual obligation, that is an obligation that must be fulfilled in order for the agreement to be properly executed or that you may generally rely on being fulfilled. In this event, our liability is limited to the damages that are typical for this type of agreement and that we had to anticipate when concluding the agreement based on the circumstances known to us and we exclude any liability from our breach or negligence which does not arise naturally or in the usual course of things.

6.2 Our liability for damages resulting from physical injury, loss of life, or harm to health, in cases of intent and gross negligence, in cases where a guaranteed characteristic is absent, and under consumer guarantees under the Australian Consumer Law is, however, unlimited.

7. Data Protection

7.1 Details of how we handle information and personal data within the context of providing the Webshop and processing orders are provided in our Webshop data privacy statement, which can be viewed at any time at https://www.fronius.com/en-au/australia/data-privacy-statement and is available for download as a PDF.

8. Applicable Law; Place of Jurisdiction

8.1 The law of the Commonwealth of Australia apply, to the exclusion of its conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

8.2 The exclusive place of jurisdiction for all disputes arising from and in connection with this agreement is Melbourne, Australia. However, we shall be entitled to bring legal action also at the court with jurisdiction for your registered office.

9. Written Form; Severability Clause

9.1 Amendments or additions to these Webshop Terms & Conditions must be made in writing. This also applies to any revocation of this written form requirement. Unless otherwise stipulated explicitly in these Webshop Terms & Conditions, the agreed requirement to use the written form is also met by the use of e-mail.

9.2 Should individual provisions be ineffective or unfeasible, or become so after conclusion of the agreement, the effectiveness of the remaining provisions will not be affected. The ineffective provision must be replaced by one that matches the commercial purpose of the original provision as closely as possible.