Terms of service

General Terms and Conditions and Cancellation Policy

The legally required information about the right of withdrawal for distance contracts or contracts concluded outside of business premises for consumers can be found under Section 7 of the Terms and Conditions.

Your provider and contractual partner:

Wessels Garden Equipment

- Matthias Wessel -

Max-Planck-Str. 30

55435 Gau-Algesheim

hereinafter referred to as the “Seller” or “we”

Phone: 06725 – 20 51

Email: info@ego-power-plus.de

www.ego-power-plus.de

Sole proprietorship

VAT Identification Number pursuant to § 27a of the German VAT Act: DE329340247

Tax number: 08/189/51585

Business liability insurance: Baloise Sachversicherung AG Germany Address: Basler Straße 4, 61352 Bad Homburg v.d.H.

We also strive to find customer-oriented solutions in legal matters. If you have any questions or issues in this regard, feel free to call us. Of course, your rights remain fully intact even without making a call. The law requires online providers in particular to include numerous notices regarding the contract and applicable conditions. We have compiled these notices, instructions, and our additional shipping terms for you below.

General Terms and Conditions for Orders at Wessels Garden Equipment and/or in the Wessels Garden Equipment Online Shop – EGOPower+ Shop (www.ego-power-plus.de)

Scope and Definitions

(1) These General Terms and Conditions (hereinafter referred to as “GTC” or “general terms and conditions”) of the Seller apply to all contracts for the sale and/or delivery of movable goods (hereinafter also “goods”) concluded by a consumer or entrepreneur (hereinafter “customer”; the Seller and the customer hereinafter also collectively the “parties”) with the Seller at the Seller’s place of business (hereinafter the “retail store”) and/or via the EGOPower+ Shop at www.ego-power-plus.de (hereinafter the “online shop”) (hereinafter also “order”), even if these GTC are not explicitly referenced again when future contracts are concluded. The provisions that are explicitly limited to contracts concluded via the online shop do not apply to contracts concluded in the retail store.
(2) All contracts for the delivery of goods between the parties are governed exclusively by these GTC in their applicable version. Conflicting or deviating terms and conditions of the customer do not apply. These GTC shall also apply exclusively even if we perform the delivery and service unconditionally in the knowledge of the customer’s conflicting or deviating terms and conditions. The validity of the customer’s general terms and conditions is hereby expressly rejected unless the parties explicitly agree otherwise in text form. This also applies if the customer refers to their terms and conditions in orders or other statements and the Seller does not expressly object to them.
(3) “Consumers” within the meaning of these GTC are natural persons who conclude a legal transaction (the order) for purposes that are predominantly outside their trade, business, or self-employed professional activity (§ 13 German Civil Code – BGB). “Entrepreneurs” within the meaning of these GTC are natural or legal persons or partnerships with legal capacity who act in the exercise of their trade, business, or self-employed professional activity when concluding the legal transaction (the order) (§ 14 BGB).
(4) “Business days” within the meaning of these GTC are all weekdays except Saturdays, Sundays, and public holidays in Rhineland-Palatinate.
(5) For customers who are not consumers, our delivery terms and conditions also apply (see below, Sec. II).
(6) These GTC also apply to contracts for the delivery of vouchers, unless otherwise agreed in text form. Sec. 1(2) applies accordingly.

Storage Options and Access to Contract Text

(1) The customer can view these GTC, including the general contractual provisions contained herein, on our websites www.wesselsgartengeraete.de or www.ego-power-plus.de. The customer can also print or save this document using the standard functionality of their internet browser.
(2) You can also easily archive your order data by either downloading the GTC and saving the data summarized on the final page of the ordering process in the online shop using your browser functions, or by waiting for the automatic order confirmation. We will send this confirmation to the email address you provided after completing your order. This order confirmation includes your order details and can be easily printed or saved using your email program.

Delivery, Language

Orders in our online shop can currently only be placed in German and only for delivery addresses within Germany.

Order Process and Conclusion of Contract

(1) Technical process of an order and conclusion of contract (applies only to contracts concluded via the online shop):

To purchase an item from Wessels Garden Equipment, the customer must place an order. The following technical steps are required:

The customer first selects the goods from the Wessels Garden Equipment offering by simply clicking on the item. By clicking on "Add to cart", the item is added to the customer’s shopping cart.
The customer can then click on the "Checkout" button. They will be redirected to a page where they can either register as a new customer or proceed by clicking the "Continue" button to the confirmation page of Wessels Garden Equipment or EGO Power+.
By clicking the "Order" button, the customer submits a binding declaration of intent to Wessels Garden Equipment to conclude a purchase contract regarding the goods in the shopping cart (hereinafter also referred to as a "purchase offer"). Reference is made to Sec. 4(4) of these GTC.
The customer will then receive a confirmation email stating that Wessels Garden Equipment has received the order and will review it further. Reference is also made to Sec. 4(4) of these General Terms and Conditions.

(2) Identification and Correction of Input Errors (Applies only to contracts concluded via the online shop):

The customer can modify or delete the contents of the shopping cart by accessing the "Cart" menu. Changes can be made using the mouse. To do so, click with the left mouse button on the quantity field to change it and overwrite it, or click the "Remove" button. By clicking the "Checkout" button, the customer is taken to a page where they can register as a new customer if not already registered in the Wessels Garden Equipment / EGO Power+ system. On the same page, the customer can review and modify their shipping and payment preferences, and view the General Terms and Conditions. By clicking the "Continue" button, the customer reaches the confirmation page where they can review and change all their information again. At this point, the customer can cancel the order; in that case, no contract is concluded.

(3) Contract Content; Characteristics of the Goods:

The characteristics of the goods within the meaning of § 434(1) BGB are based on the product descriptions shown in the retail store or in the online shop. A subjective agreement on characteristics within the meaning of § 434(2) BGB is not made unless the parties have expressly agreed otherwise in text form. In the event of such a subjective agreement, the goods are deemed to meet the objective requirements of § 434(3) BGB if they meet the subjective ones. No agreement on characteristics or warranties is made unless expressly agreed otherwise in text form by the parties.

(4) Conclusion of Contract:

The presentation of goods in the online shop or their display in the retail store does not constitute a legally binding offer by the Seller, but rather a non-binding invitation for the customer to submit a purchase offer (so-called "invitatio ad offerendum").
For contracts concluded in the online shop: The confirmation of receipt of the order according to Sec. 4(1)(d) of these GTC follows immediately after the order is submitted. This confirmation is for informational purposes only and does not constitute acceptance of the customer's offer. Acceptance of the offer by the Seller occurs through the dispatch of an order confirmation via email or other means, or by delivery of the goods within five (5) business days after receipt of the offer by the Seller. The decisive factor for this deadline is the time at which the goods are handed over to the shipping provider. If the Seller does not accept the customer's offer within the aforementioned period, either by confirmation or delivery, the offer is considered rejected and the customer is no longer bound by their declaration of intent. Even upon acceptance of the customer's offer, the conclusion of the contract is subject to the condition specified in Sec. 6(3) of these GTC.
For contracts concluded in the retail store: The purchase contract is concluded at the checkout.

(5) For contracts concluded via the online shop: Order processing and communication generally occur via email and automated processing. The customer must ensure that the email address provided for order processing is correct and that emails sent by the Seller can be received at this address. In particular, the customer must ensure that, if using spam filters, all emails sent by the Seller or third parties commissioned by the Seller for order processing can be delivered.

Offers, Prices, Shipping Costs

(1) The prices listed in the online shop or retail store for the goods are non-binding and subject to change unless they become part of a contractual agreement (see Sec. 4(4)). For orders in the online shop, the prices listed in the offer at the time of the order apply; for in-store purchases, the prices displayed at the checkout apply. The prices are total prices (plus any applicable shipping costs), meaning they include the applicable German VAT and other price components (except for any applicable shipping costs).
(2) Shipping costs are shown directly next to the price or in the order summary.
(3) The available payment method(s) will be communicated to the customer in the Seller’s online shop.

Payment, Delivery

(1) For contracts concluded in the online shop, the following applies: The seller only offers the payment methods indicated in the online shop. All payments must be made without deduction and are due no later than fourteen (14) days after receipt of the goods. If full payment is not made within this period, the customer shall be in default without requiring a reminder. In case of default, the customer owes default interest at the statutory rate. The seller reserves the right to claim greater damages. The customer is entitled to prove lesser damage.
Advance payment: If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract unless a later due date has been explicitly agreed.
(2) The seller strives to deliver the ordered goods promptly after accepting the offer.
(3) The obligation to deliver lapses or does not arise if and to the extent that the seller is not properly and/or timely supplied and is not responsible for the lack of or delayed availability (“self-supply reservation”). The contract conclusion for the respective order is subject to the suspensive condition of availability of the goods (§ 158(1) BGB). The seller does not assume a procurement risk.
(4) The delivery period from Sec. 4(4) shall be reasonably extended in the event of strikes or lockouts that affect delivery, as well as other circumstances beyond our control, especially in the case of delivery delays due to force majeure.
(5) If the customer is a consumer, the risk of accidental loss or deterioration of the sold goods transfers to the customer or a third party designated by them upon delivery. In case of mail-order purchases, this also applies upon delivery to the customer or the third party, regardless of whether the shipment is insured. If the customer commissions the carrier or another shipping party not previously designated by the seller, the risk transfers upon handover to that person.
(6) If the customer is a business entity, the risk of accidental loss or deterioration transfers (i) upon delivery to the customer or their representative, or (ii) for shipping purchases, when the goods are handed over to the carrier or another responsible party.
(7) We only deliver to addresses within the Federal Republic of Germany.
(8) Deliveries to P.O. boxes or poste restante addresses are not possible.
(9) If the seller offers shipping, the delivery will be made to the delivery address specified by the customer, unless otherwise agreed in writing. For the shipping process, the delivery address provided during order processing is decisive. However, if the payment method is PayPal, the delivery address saved in the customer’s PayPal account at the time of payment will apply.
For goods delivered by freight carrier, delivery is made "curbside," i.e., to the nearest public curb to the delivery address unless stated otherwise in the online shop or agreed differently in writing.
If delivery fails due to reasons attributable to the customer, the customer shall bear the reasonable costs incurred. This does not apply to the shipping costs if the customer effectively exercises their right of withdrawal. For return shipping, the conditions outlined in the seller’s cancellation policy apply.

If the seller offers pickup, the customer may collect the ordered goods during business hours at the address provided by the seller. In this case, no shipping costs will be charged. Risk transfers to the customer upon handover of the goods; the same applies if the customer delays pickup.

Vouchers will be provided to the customer at the seller’s discretion. The credit of a promotional voucher is neither paid out in cash nor earns interest.

Right of Withdrawal for Consumers (Applies only to contracts concluded via the online shop)

If the customer is a consumer, they are entitled by law to a right of withdrawal. Below is the legally required information regarding the conditions and consequences of the right of withdrawal:

Cancellation Policy

Right of Withdrawal:

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, takes possession of the last goods.

To exercise your right of withdrawal, you must inform us (Wessels Gartengeräte, Max-Planck-Str. 30, 55435 Gau-Algesheim, Tel.: 06725 – 20 51, Email: info@wesselsgartengeraete.de / info@ego-power-plus.de, www.wesselsgartengeraete.de / www.ego-power-plus.de) of your decision to withdraw from this contract by means of a clear declaration (e.g., a letter sent by post or an email). You may use the attached sample withdrawal form, but it is not mandatory.

Consequences of Withdrawal:

If you withdraw from this contract, we shall reimburse you for all payments received from you, including delivery costs (except for the additional costs arising if you chose a different type of delivery than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we received notification of your withdrawal. We will use the same means of payment for the refund as you used for the original transaction, unless explicitly agreed otherwise; in no case will you be charged any fees for this refund. We may withhold the refund until we have received the goods back or you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us without undue delay and in any case 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 dispatch the goods before the period of fourteen days has expired. You shall bear the direct cost of returning the goods. The cost of returning goods that cannot be returned by regular post (freight shipping) is estimated at a maximum of EUR 99.90 per item.

You are only liable for any diminished value of the goods if this loss in value is due to handling not necessary for testing the nature, properties, and functionality of the goods.

End of cancellation policy

General Notes:

Please avoid damage and contamination of the goods. Please return the goods in their original packaging with all accessories, documentation, instructions, and all packaging components. Use protective outer packaging if necessary.

Please do not send goods back freight collect.

Please note that compliance with the above instructions is not a prerequisite for the effective exercise of the right of withdrawal.

Retention of Title

(1) The seller retains ownership of the delivered goods until full payment of the purchase price (plus any shipping costs) has been received.
(2) If the customer is a business entity, they are entitled to resell the delivered goods in the ordinary course of business. In doing so, they must retain ownership until the buyer has paid the full purchase price. In such cases, the customer hereby assigns to the seller any claims arising from the resale, and the seller accepts this assignment. The seller revocably authorizes the customer to collect these assigned claims in their own name. This collection authorization may only be revoked in the event of default.

Warranty

(1) The statutory warranty provisions apply.
(2) For used goods, the limitation period for warranty claims is one (1) year from the transfer of risk.
(3) The customer shall reasonably assist the seller in identifying, narrowing down, and documenting defects where this is acceptable in good faith based on the contractual relationship.
(4) If the customer is a business entity:
– The seller has the right to choose the type of remedy;
– The limitation period for defects in new goods is one (1) year from the transfer of risk;
– For used goods, warranty claims are excluded;
– The limitation period does not restart with a replacement delivery under warranty.
(5) The limitations in Sec. 9(4) do not apply:
– if the seller has fraudulently concealed a defect or assumed a guarantee for the condition of the goods,
– for goods used in a building that caused its defectiveness,
– if the seller is obligated to provide updates for digital products in contracts involving goods with digital elements.
(6) For business customers, statutory limitation periods for recourse claims remain unaffected.
(7) If the customer is a merchant as defined in § 1 HGB, they must comply with the inspection and complaint obligations under § 377 HGB. Failure to comply shall result in the goods being deemed approved.
(8) Consumers are requested to report obvious transport damage to the carrier and notify the seller. Failure to do so will not affect statutory or contractual warranty rights.

Liability

(1) The seller is fully liable for damages caused by intentional or grossly negligent breaches of duty by the seller or their agents or legal representatives.
(2) The seller is also liable for slight negligence if it relates to breaches of essential obligations (cardinal duties), whose violation endangers the purpose of the contract or whose fulfillment is essential for proper execution and on which the customer regularly relies. In these cases, liability is limited to foreseeable, typical damages. The seller is not liable for slightly negligent breaches of duties other than those mentioned above.
(3) These liability limitations do not apply in cases of injury to life, body, or health, for defects after a guarantee has been assumed, in case of fraudulent concealment of defects, or for claims under §§ 445a–445c BGB. Liability under the Product Liability Act remains unaffected.
(4) Where the seller's liability is excluded or limited, this also applies to the personal liability of employees, agents, and vicarious agents.

Out-of-Court Dispute Resolution

Legal Notice pursuant to Art. 14(1) of Regulation (EU) No. 524/2013 (ODR Regulation): The European Commission provides a platform for out-of-court online dispute resolution, accessible at: http://ec.europa.eu/consumers/odr. The platform is available in all EU official languages and allows consumers and traders to resolve disputes related to online purchase or service contracts without court involvement.

The seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Applicable Law, Jurisdiction

(1) All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

(2) If the customer relocates their residence or habitual residence abroad after entering into a contract governed by these terms, the place of jurisdiction shall be 55411 Bingen. In this case, the seller is also entitled to bring an action at the customer's last known domestic residence.

In all disputes arising from the contractual relationship, if the customer is a merchant, legal entity under public law, or a special public fund, jurisdiction shall lie with the court at the seller’s principal place of business. The seller is also entitled to sue at the customer’s place of business.

13. Promotional Offer Conditions (Free Battery)

*FREE set of 4 x 10.0Ah batteries – Ride-On Promotion

When purchasing an EGO ride-on mower (ZT4200E-L, ZT5200E-L, ZT4200E-S, TR3800E-B, or TR4200E), you will receive a free first set of 40Ah batteries (4 x 10Ah batteries – BA5600T), valued at €2,236. This exclusive offer is valid only at participating EGO authorized dealers from 01/01/2025 to 12/31/2025 or while supplies last.

The free 4 x 10Ah batteries (BA5600T) will be provided and handed over by the participating EGO dealer from whom you purchased the ride-on mower.

This offer cannot be combined with other promotions or discounts.

If the batteries are temporarily out of stock, customers will not receive an alternative free product. All free products are subject to availability, are non-transferable, and cannot be redeemed for cash.

If the product is shipped directly to the customer, additional handling and shipping costs may apply.

The stated value of the free product is based on the price listed on www.egopowerplus.de as of 01/01/2025.

**FREE 5.0Ah Battery with a Purchase of €899 or More

Receive a free 5.0Ah battery (BA2800T), valued at €279, when you purchase EGO tools worth €899 or more in a single transaction. This offer is valid at participating EGO authorized dealers from 01/01/2025 to 12/31/2025 or while supplies last.

The free battery will be provided and handed over by the participating dealer from whom you made the qualifying purchase. Excludes accessories, robotic mowers, ride-on mowers, vouchers, and snow blowers.

This promotion cannot be combined with other offers. If the 5.0Ah battery (BA2800T) is unavailable, no alternative product will be provided. All free products are subject to availability, are non-transferable, and cannot be exchanged for cash.

The stated value of the free product is based on the company’s published price list as of 01/01/2025.

***FREE 2 x 2.5Ah Batteries with a Purchase of €899 or More

Receive two free 2.5Ah batteries (BA1400T), valued at €278, when you purchase EGO tools worth €899 or more in a single transaction. This offer is valid at participating EGO authorized dealers from 01/01/2025 to 12/31/2025 or while supplies last.

The two free 2.5Ah batteries will be provided and handed over by the participating dealer from whom the qualifying purchase was made. Excludes accessories, robotic mowers, ride-on mowers, vouchers, and snow blowers.

This promotion cannot be combined with other offers. If the 2.5Ah battery (BA1400T) is unavailable, no alternative product will be provided. All free products are subject to availability, are non-transferable, and cannot be exchanged for cash.

The stated value is based on the company’s published price list as of 01/01/2025.

14. Final Provisions; Severability Clause

If any provision of these general terms and conditions is or becomes invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, the relevant statutory provision shall apply. The same applies in the event of any unforeseen gaps.

General Terms and Conditions for Deliveries to Business Customers

The seller’s shipping terms apply additionally for deliveries to business customers. In the case of discrepancies or contradictions, the shipping terms take precedence over the above terms in Section I.

For online transactions with business customers, we reserve the right to send invoices exclusively by electronic means. The customer's consent to electronic invoicing is deemed given unless they request a paper invoice immediately after receipt. The customer retains the right to request a paper invoice at any time during the statutory retention period.

Last updated: 01/05/2025