Terms of Service

1. Validity
1.1. These general terms and conditions (“GTC”) apply to sales contracts for goods that are concluded between NEXT LEVEL ENERGY GmbH and the respective buyer (hereinafter “customer“) either as a consumer or an entrepreneur in connection with the order of the goods shown in the online shop and in the version valid at the time of the order. Any general terms and conditions of the customer do not apply.

2. Conclusion
2.2. The customer is obliged to fill in the fields (or details) provided in the order form completely and truthfully.
2.3. By clicking on the “Buy Now” button, the customer submits a binding offer to purchase the goods in the shopping cart and the general terms and conditions are accepted. The automatic order confirmations sent thereupon document that we have received the order, but do not yet constitute acceptance of the order on our part. A contract is only concluded with the express declaration of acceptance by NEXT LEVEL ENERGY GmbH. The product descriptions contained in the online shop of NEXT LEVEL ENERGY GmbH are not binding offers, but serve to submit a binding offer by the customer.
2.4. The customer can submit the offer via the online order form integrated in the online shop of NEXT LEVEL ENERGY GmbH or by email to NEXT LEVEL ENERGY GmbH. NEXT LEVEL ENERGY GmbH can accept the customer’s offer within five days,

  • by NEXT LEVEL ENERGY GmbH sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
  • by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
  • there are several of the aforementioned alternatives, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first.

2.5. Only the German language is available for the conclusion of the contract.
2.6. Order processing and contacting usually take place via email and automated order processing. The customer must ensure that the email address provided by him for order processing is correct so that emails sent by NEXT LEVEL ENERGY GmbH can be received at this In particular, when using SPAM filters, the customer must ensure that all emails sent by NEXT LEVEL ENERGY GmbH or by third parties commissioned to process the order can be delivered.

3. Place of fulfillment
3.1. The place of performance in mutually business-related transactions shall be the registered office of NEXT LEVEL ENERGY GmbH. In consumer business, § 7b KSchG shall apply.

4. Product availability
4.1. If the goods ordered by the customer are not available at short notice at the time of the order, we will inform you of this along with the expected delivery date. If shipment is not possible within 30 days, NEXT LEVEL ENERGY GmbH will inform the customer by email of the expected delivery date and ask the customer to comment on whether he would like to adhere to his offer under this condition. If the shipment to the customer is not made for any reason within the period of 30 days and the customer does not modify his offer, the customer is no longer bound to his offer and NEXT LEVEL ENERGY GmbH will immediately reimburse payments already made to the customer, where possible, NEXT LEVEL ENERGY GmbH will use the same means of payment that the customer used to process the payment. If the goods are permanently not available, no contract is concluded; the customer will also inform about this.

5. Delivery and transfer of risk
5.1. Unless otherwise agreed, delivery is made to the address given in the order, whereby the customer must bear the shipping costs for the goods or for the payment of the goods or the shipping costs shown on the invoice.
5.2. The risk of loss or damage to the goods passes to the customer as soon as it is delivered to him or to a third party determined by him. If the customer is an entrepreneur, the goods are delivered at his risk.
5.3. If the transport company sends the goods back to NEXT LEVEL ENERGY GmbH because delivery to the customer was not possible, the customer bears the costs of the unsuccessful shipment. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless NEXT LEVEL ENERGY GmbH had announced the service a reasonable time in advance.
5.4. In the case of self-collection, NEXT LEVEL ENERGY GmbH first informs the customer by email that the goods he has ordered are ready for collection. After receiving this email, the customer can collect the goods from NEXT LEVEL ENERGY GmbH’ headquarters after consultation with NEXT LEVEL ENERGY GmbH. In this case, no shipping costs will be charged.
5.5. If delivery delays occur due to force majeure or other circumstances beyond the control of NEXT LEVEL ENERGY GmbH (e.g. natural disasters, political crises, wars, pandemics or epidemics including related traffic restrictions), NEXT LEVEL ENERGY GmbH shall not be held liable by the customer for any non-performance or delay damages. In such cases NEXT LEVEL ENERGY GmbH shall not be in default at all. The delivery period shall be extended by the period of time by which the event lasts.
5.6. The expected delivery time is indicated directly in the shopping cart. In case of payment via direct bank transfer (prepayment) the delivery period starts one day after receipt of the amount on the bank account of NEXT LEVEL ENERGY GmbH. In case of payment via Paypal, credit card, instant bank transfer or purchase on account (corporate customers & private customer via KLARNA), the delivery period begins one day after the day of the conclusion of the contract. In other cases, the delivery period begins one day after receipt of the order.
5.7. NEXT LEVEL ENERGY GmbH shall not be responsible in the event of delivery obstacles in the area of suppliers or manufacturers. If delivery or compliance with an agreed or prospective delivery time becomes impossible due to circumstances for which NEXT LEVEL ENERGY GmbH is not responsible, NEXT LEVEL ENERGY GmbH shall be entitled to withdraw from the contract in whole or in part. NEXT LEVEL ENERGY GmbH shall inform the customer immediately in this respect. Claims for damages shall be excluded in this case, unless NEXT LEVEL ENERGY GmbH can be proven to be at fault. The customer shall be informed separately about existing delivery restrictions in an appropriate manner and within a reasonable period of time.

6. Prices, payment
6.1. All prices are in euros. Unless otherwise stated in the product description of NEXT LEVEL ENERGY GmbH, the prices quoted are total prices that include VAT. Any additional delivery and shipping costs incurred are specified separately in the respective product description.
6.2. For deliveries to countries outside the European Union, additional costs may arise in individual cases, which NEXT LEVEL ENERGY GmbH is not responsible for and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
6.3. The payment methods displayed at the end of the ordering process are available to the customer, e.g. Payment by credit card, PayPal, instant transfer. NEXT LEVEL ENERGY GmbH reserves the right to restrict the choice of payment methods in individual cases.
6.4. The entered data will not be saved by us, but possibly by the respective payment provider.
6.5. In the event of a delay in payment, NEXT LEVEL ENERGY GmbH is entitled, subject to the assertion of higher (specifically to be proven) damage caused by delay, interest amounting to 12% p.a. to invoice. In addition, the customer undertakes to reimburse third party reminder, collection and research costs (especially from lawyers) insofar as these costs were used for the appropriate legal prosecution.
6.6. Any reimbursement of payments made by the customer will be made to the means of payment used in the order.
6.7. Due to the current situation on the world market (health crisis, war, etc.), all prices offered by NEXT LEVEL ENERGY GmbH are to be considered variable and non-binding. In the event of an increase in our purchase prices of 5% or more, the exceeding part of the price increase will be passed on to the customer on a one-to-one basis. Upon the customer’s request, NEXT LEVEL ENERGY GmbH shall disclose its purchase prices to the customer on the days relevant for the respective order transaction.
6.8. Deliveries of photovoltaic systems will be made from January 1st, 2023 for non-commercial customers in Germany or from January 1st, 2024 (up to and including December 31st, 2025) for customers in Austria, at a zero tax rate if the conditions and requirements for a purchase with 0% sales tax – in Germany according to Article 16 of the Annual Tax Act 2022 (JStG 2022) or in Austria according to Section 28 Paragraph 62 UStG 1994 – are met.

The customer confirms either online (shop) or by acknowledging the general terms and conditions or in writing (post, email) that the requirements are met.If the information is incorrect or if VAT amounts are due due to a subsequent change in the law, we are obliged to invoice these subsequently.

7. Retention of title
7.1. The delivered goods remain the property of NEXT LEVEL ENERGY GmbH until full payment has been made.
7.2. The customer is not entitled to sell or encumber the reserved goods, in particular not to pledge or assign them as security.

8. Right of withdrawal / revocation
8.1. If the customer is a consumer, he can revoke the contract. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity
8.2. The customer can withdraw from a contract or a contract declaration within 14 days without giving a reason. The withdrawal period for goods orders is 14 days from the day on which the customer or a third party named by him, who is not the carrier, takes possession of the goods. If the attempted delivery by the carrier to the customer fails and the goods are deposited at a point intended for collection, the period begins to run from the day on which the customer has the opportunity to have the deposited shipment rectified for the first time. In order to exercise the right of withdrawal, the customer must inform NEXT LEVEL ENERGY GmbH by means of a clear statement about his decision to cancel the contract. The customer can use the “Cancellation Form” from NEXT LEVEL ENERGY GmbH, but is not obliged to do so. To meet the deadline, it is sufficient if the customer sends the message about the exercise of the right of cancellation before the cancellation period expires. The notice of cancellation should be sent to: NEXT LEVEL ENERGY GmbH, Humboldstraße 4, 8010 Graz, Austria Email: office@nic-e.shop
8.3. There is no right of withdrawal,
  • if the customer is not a consumer within the meaning of the Austrian Consumer Protection Act (KSchG); the contract concluded can therefore be wholly or partly attributed to the professional or commercial activity of the customer;
  • in the case of contracts for goods that are manufactured according to customer specifications or that are clearly tailored to the personal needs of the customer;

8.4. If the consumer customer withdraws from the contract in accordance with FAGG, NEXT LEVEL ENERGY GmbH shall reimburse all payments made by the consumer, including delivery costs if applicable, without delay, but no later than within 14 days of receipt of the notice of withdrawal. It shall use the same means of payment for the repayment as the consumer used to make its payment; however, the use of another means of payment shall be permitted if this has been expressly agreed with the consumer and the consumer does not incur any costs as a result. If the Consumer has expressly opted for a type of delivery other than the most favorable standard delivery offered by the Entrepreneur, he shall not be entitled to reimbursement of the additional costs incurred by him as a result.NEXT LEVEL ENERGY GmbH may refuse repayment until it has either received the goods back or the consumer has provided it with proof that the goods have been returned; this shall not apply if NEXT LEVEL ENERGY GmbH has offered to collect the goods itself. The consumer customer shall return the received goods to NEXT LEVEL ENERGY GmbH without undue delay, however, no later than within 14 days from the date of the declaration of withdrawal; this shall not apply if NEXT LEVEL ENERGY GmbH has offered to collect the goods itself. The deadline for returning the goods shall be deemed to have been met if the goods are dispatched within the deadline. The direct costs of returning the goods shall be borne by the consumer. The customer shall return goods immediately after being informed about the revocation to: NEXT LEVEL ENERGY GmbH, Humboldtstraße 4, 8010 Graz, Austria.
8.5. In the case of damaged goods or goods impaired by signs of use, the customer shall pay reasonable compensation for the reduction in value. Compensation for loss in value is only to be paid if the loss in value is due to handling of the goods which exceeds the extent absolutely necessary for the examination of the condition, quality and functioning of the goods. The same applies if accessories are missing upon return.

9. Warranty, guarantee and liability
9.1. In case of alleged defects, the entrepreneurial customer must send the goods to NEXT LEVEL ENERGY GmbH at its registered office for inspection of the defect claim. In the case of consumer customers, NEXT LEVEL ENERGY GmbH shall fulfill its warranty obligation at the place where the item was handed over; or, if the consumer so requires, at the place where the item is usually located, provided that this place is located in the domestic market, did not come as a surprise to NEXT LEVEL ENERGY GmbH, and provided that, due to the nature of the item, its transport to NEXT LEVEL ENERGY GmbH is not feasible for the consumer, especially because the item is bulky, weighty or has become immovable due to installation. The consumer shall make the defective item available to NEXT LEVEL ENERGY GmbH for improvement or replacement. NEXT LEVEL ENERGY GmbH may demand that the consumer sends the item to NEXT LEVEL ENERGY GmbH if this is feasible for the consumer; however, NEXT LEVEL ENERGY GmbH shall bear the risk of sending the item.
9.2. With the acceptance is not an acknowledgement of warranty claims, but this requires a separate review, the result of which the customer will be informed within a reasonable time by the respective service partner.
9.3. The statutory warranty provisions shall apply to consumers, which provide for a warranty period of 2 years for movable goods. We provide a warranty to entrepreneurs for 12 months from delivery of the goods.
9.4. The warranty expires in any case of interventions, repairs or attempted repairs by the purchaser or unauthorized third parties.
9.5. The assignment of warranty claims is excluded.
9.6. The customer is requested to complain about delivered goods with obvious transport damages to the deliverer and to inform NEXT LEVEL ENERGY GmbH about this. If the customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects.
9.7. The warranty is the manufacturer’s voluntary promise that an item will function accordingly for a certain period of time. The warranty is mostly bound to certain conditions and can be limited, e.g. granted to certain parts. Whether and under what conditions the manufacturer provides a manufacturer’s warranty for the goods purchased by the customer can be found in the package insert of the goods.
9.8. Liability for consequential or indirect damages, such as unrealized savings, lost profits, interruptions to ongoing operations, claims by third parties, as well as for consequential damages caused by defects or damages resulting from loss of data, is excluded to the extent permitted by law.
9.9. If the installation of a product is not carried out by NEXT LEVEL ENERGY GmbH or by a third party authorized by NEXT LEVEL ENERGY GmbH, NEXT LEVEL ENERGY GmbH shall not be liable for any faulty installation, defect or damage resulting from the faulty installation and, in particular, from non-compliance with the valid installation instructions.
9.10. NEXT LEVEL ENERGY GmbH shall only be liable for intent and gross negligence, except in cases of injury to life, body or health of a person. Liability for financial loss due to slight negligence is excluded.
9.11. Insofar as a manufacturer’s warranty exists, the customer must assert the claims arising from this directly against the manufacturer.
9.12. Warranty obligations of NEXT LEVEL ENERGY GmbH, however, shall not be limited by any manufacturer’s warranty. NEXT LEVEL ENERGY GmbH’s liability under the manufacturer’s warranty is excluded.
9.13. The Contractor does not provide any warranty that the photos published in the web store are identical with the actually delivered goods.
9.14. The entrepreneurial customer must always prove that the defect complained of was already present at the time of handover.
9.15. If the purchase is a business-related transaction for both parties, the customer shall notify NEXT LEVEL ENERGY GmbH in writing within seven days of handover of any defects in the goods which he has discovered or should have discovered by examination in the ordinary course of business after delivery. If the customer fails to notify NEXT LEVEL ENERGY GmbH, he shall no longer be entitled to assert claims for warranty, for damages due to the defect itself or due to an error regarding the defect-free nature of the item. If such a defect is discovered later, it must also be reported in writing within this period; otherwise the customer can no longer assert the claims just mentioned in view of this defect.

10. Data protection
10.1. NEXT LEVEL ENERGY GmbH will collect, process and store data of the customer arising from the order only in connection with the processing of the order and use it for internal market research and marketing purposes. Data will only be passed on to partner companies for the purpose of processing the order. Any utilization or disclosure beyond the scope hereby clarified will not take place.

11. Final provision
11.1. Austrian law applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident. If the customer is an entrepreneur and acts in this capacity, the exclusive place of jurisdiction is the competent court at the headquarters of NEXT LEVEL ENERGY GmbH.
11.2. These general terms and conditions remain binding in their remaining parts even if individual points are legally invalid.
11.3. The consumer customer shall only be entitled to set-off if his claim has been recognized by NEXT LEVEL ENERGY GmbH or has been established by a court or is related to the customer’s liability. The business customer, on the other hand, shall not be entitled to set off any of its own claims against NEXT LEVEL ENERGY GmbH’s claim for payment (offsetting prohibition).

As of December 2023