Terms of service
General Terms and Conditions (GTC) of Wattstone GmbH
1. Scope of Application
Our online store is exclusively aimed at entrepreneurs. In addition to verifying your entrepreneurial status during the ordering process, we are entitled to request proof of your entrepreneurial status by presenting suitable and current documents, e.g. commercial register excerpt or business registration.
These General Terms and Conditions (GTC) apply to all business relationships between Wattstone GmbH (hereinafter referred to as "Wattstone") and its customers. Deviating or supplementary conditions of the customer shall not become part of the contract unless Wattstone expressly agrees to them in writing. The GTC apply in the version valid at the time of the conclusion of the contract and also for future business relationships, without us having to refer to them again.
If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby opposed; they will only become part of the contract if we have expressly agreed to them.
2. Contracting parties, conclusion of contract, correction options
The purchase contract is concluded with Wattstone GmbH.
By listing the products in the online store, we make a binding offer for the conclusion of a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process.
The contract is concluded by you accepting the offer for the goods contained in the shopping cart by clicking the order button. Immediately after submitting the order, you will receive a confirmation via email once again.
3. Contract language, contract text storage
The language available for the conclusion of the contract is German. We store the contract text and send you the order data and our terms and conditions in text form. You can view the contract text in our customer login.
4. Delivery Conditions
In addition to the listed product prices, shipping costs will be added. You can find more information about the amount of shipping costs in the offers.
We only deliver by shipping. Unfortunately, self-collection of the goods is not possible. We do not deliver to parcel stations.
Subject to self-supply, we will ensure a fast delivery. If a part of the order is not immediately available because we are not supplied in a timely manner by our reliable supplier despite placing a corresponding order through no fault of our own, we will deliver the remaining goods without charging additional shipping costs, as long as this is reasonable for you.
If the product you ordered is not available from us because we are not supplied by our supplier through no fault of our own, we will inform you of this immediately and withdraw from the contract. In this case, we will promptly refund any payments already made.
5. Product Safety and Certification
Wattstone concrete substructures have been extensively tested and certified. All products meet the highest technical standards and have been tested in a wind tunnel by the Peutz Engineering Group / Peutz bv.
Relevant certifications and test results include:
- Test report W 15611-2E-RA-001 dated October 11, 2023 according to:
- DIN-EN 1990: 2010
- NEN-EN 1991-1-4: 2019
- DIN-EN 1991-1-4: 2021
- NEN 7250: 2021
- NEN-EN 1990: 2019
- CUR Recommendation 103: 2005
- WTG Information Sheet, September 2023
- Investigation of frictional adhesion according to TNO 2002-BS-R0195 (Test report MvU/JGZ//W 15611-4E-NO-001).
The Wattstone substructures are made of self-compacting concrete of strength class C55/67 and cement of class CEM I 52.5 R-LH/HS according to DIN EN 197. A Wattstone is a precast concrete element and is manufactured in compliance with CE according to DIN EN 12839, ensuring the highest safety and durability for use in the field of photovoltaic systems.
6. Project-specific static and wind load calculations
Before construction begins, project-specific inquiries regarding the statics and calculations of wind suction loads must be sent to partner@wittstone.com sent. To ensure correct calculation, at least the following information must be provided:
- Address of the construction project
- Number of solar modules
- Layout and arrangement of the modules
- Module type and exact module dimensions
- Roof type (e.g. green roof, gravel roof, concrete roof, bitumen roof, etc.)
- Building height
- Height and distance to the parapet
- Last reserve of the roof structure
On the basis of this information, Wattstone conducts an examination using the certified Peutz calculation tool to determine whether the intended module layout is permissible or if additional loadings are required.
Wichtig: Wattstone assumes no liability for projects that have not received an object-related wind load calculation from Wattstone. The responsibility for the structural load-bearing capacity of the building on which the substructures are mounted lies with the client.
7. Payment
You agree to the transmission of all invoices via email. The consent can be revoked at any time.
For the case of a payment delay, we reserve the right to charge you the statutory default interest of nine percentage points above the base interest rate as well as a flat fee of 40 euros. Further claims remain unaffected by this.
In our shop, the following payment methods are generally available to you:
- Prepayment
When selecting the payment method prepayment, we will provide you with our bank details in a separate email and deliver the goods after payment has been received.
- Credit Card
In the ordering process, you provide your credit card details. Your card will be charged immediately after placing the order.
- PayPal, PayPal Express
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your login credentials, and confirm the payment instruction. The payment transaction will be carried out by PayPal immediately after placing the order. Further information will be provided during the ordering process.
PayPal can offer additional payment methods in the customer account to registered PayPal customers selected according to its own criteria. However, we have no influence on the offering of these methods; any individually offered payment methods affect your legal relationship with PayPal. You can find more information about this in your PayPal account.
- PayPal
In collaboration with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal Services. Unless otherwise stated below, payment via PayPal does not require registration with PayPal. Further information can be found with each payment option and during the ordering process.
- Credit card via PayPal
Your card will be charged by PayPal after the goods have been dispatched.
- Direct debit via PayPal
The payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. By confirming the payment order, you grant PayPal a direct debit mandate. You will be informed by PayPal about the date of the account debit (so-called prenotification). The account debit occurs before the goods are shipped.
- Purchase on account via PayPal
The purchase on account via PayPal requires an address and credit check and is processed directly through PayPal.
- Purchase on account via PayPal and Ratepay
The purchase on account via PayPal requires an address and credit check and is processed directly by Ratepay GmbH, Franklinstraße 28-29, 10587 Berlin ("Ratepay").
- Apple Pay
To pay the invoice amount through the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have the Apple Pay feature enabled, authenticate with your access credentials, and confirm the payment instruction. The payment transaction will be carried out immediately after placing the order. Further instructions will be provided during the ordering process.
You only have a right of set-off if your counterclaim arises from the same contractual relationship or is in a reciprocal relationship with our main claim, is not disputed by us, or has been legally established.
You only have a right of retention if your counterclaim is based on the same contractual relationship.
8. Responsibilities of the Client
The client is responsible for ensuring the load-bearing capacity of the roof on which the Wattstone substructures are installed. A minimum load reserve of 35 kg/m² is mandatory. The builder is responsible for the stability and structural suitability of the roof.
Wattstone is not liable for:
- Damage to the roof covering caused by the installation,
- Consequential damages that occur after assembly,
- Damage caused by insufficient load-bearing capacity of the roof.
Additionally, it must be ensured that the used construction protection mats are positioned centrally under the substructure and that there is no direct contact between the substructure and the roof covering. If you have questions about the suitable construction protection mat for your roof covering, please contact Wattstone.
9. Regular maintenance and inspection
The PV systems mounted on Wattstone substructures must be checked for functionality at least once a year.
The customer is particularly obliged to check the following points:
- The structural condition of the substructure (e.g. corrosion, wear),
- The secure fit of all fastening elements and module clamps,
- The adherence to the specified tightening torque of 10-12 Nm for the module clamps.
Wattstone is not liable for damages to the PV modules caused by excessive torque. Improper maintenance may result in the loss of warranty and guarantee claims.
10. Retention of title
We reserve ownership of the goods until all claims from an ongoing business relationship have been fully settled. You may resell the reserved goods in the ordinary course of business; all claims arising from this resale are assigned to us in advance, regardless of any connection or mixing of the reserved goods with a new item, up to the amount of the invoice, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect claims ourselves if you do not fulfill your payment obligations.
If you connect, mix, or process the reserved goods with other items, we acquire co-ownership of the new item in proportion to the value of the reserved goods to the other processed items at the time of connection, mixing, or processing. If your item is to be considered the main item, you must transfer us proportional co-ownership. We will release the securities due to us upon your request to the extent that the realizable value of the securities exceeds the secured claims by more than 10%.
11. Liability and Disclaimer
For claims arising from damages caused by us, our legal representatives, or vicarious agents, we are always fully liable:
- in case of injury to life, body, or health,
- in the case of intentional or grossly negligent breach of duty,
- in the case of warranty promises, as agreed, or
- as far as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on which the contractual partner may regularly rely (cardinal obligations), through slight negligence on our part, our legal representatives, or vicarious agents, liability is limited in amount to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. Furthermore, claims for damages are excluded.
Wattstone is solely liable for damages caused by gross negligence or intentional misconduct. Furthermore, Wattstone's liability for consequential damages and storm damages is excluded.
This applies particularly to:
- Damage caused by force majeure such as extreme natural events (e.g. hurricanes, tornadoes, floods, or earthquakes) that exceed normal climatic conditions.
- Damage caused by extreme weather conditions, such as extreme wind speeds, storms, hail, or floods, that exceed the loads specified in the technical guidelines of the substructures.
- Damage caused by insufficient regular maintenance and inspection of the PV system.
- Damage resulting from improper assembly or lack of static testing by Wattstone.
12. Transport damages
For transport damages the following applies: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the goods to the carrier, the freight forwarder, or any other person or institution designated for the execution of the shipment.
13. Warranty and Guarantees
Unless expressly agreed otherwise below, the statutory liability for defects applies.
The following limitations and deadlines do not apply to claims for damages caused by us, our legal representatives, or vicarious agents.
- in case of injury to life, body, or health
- in the case of intentional or grossly negligent breach of duty as well as deceit
- In the event of a breach of essential contractual obligations, the fulfillment of which is necessary for the proper execution of the contract and on which the contractual partner can regularly rely (cardinal obligations)
- as part of a warranty promise, as agreed, or
- as far as the scope of application of the Product Liability Act is opened.
Restrictions for entrepreneurs
Only our own specifications and the product descriptions of the manufacturer, which have been incorporated into the contract, are considered as agreements regarding the quality of the goods in relation to entrepreneurs; we accept no liability for public statements made by the manufacturer or other advertising claims. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The previous sentence does not apply to a good that has been used in accordance with its usual purpose for a building and has caused its defectiveness.
The statutory limitation periods for the right of recourse under § 445a BGB remain unaffected.
Regulations regarding merchants
Among merchants, the inspection and notification obligation regulated in § 377 HGB applies. If you fail to provide the notification specified there, the goods are considered approved, unless there is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.
14. Guarantees and Customer Service
Information about any additional warranties that may apply and their exact conditions can be found with each product and on special information pages in the online store.
Customer Service: You can reach our customer service for questions, complaints, and objections on weekdays from 9:00 AM to 5:00 PM at the phone number: +49 (0)2855 9389206 as well as by email at office@wittstone.com
15. Final provisions
law applies to the exclusion of the UN Sales Convention. If you are a merchant within the meaning of the Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.