Terms of service

OVERVIEW

This website (shop.hoymiles.com) (“Website”) is operated by Hoymiles MyEnergy GmbH, a company registered in Germany under the laws of Germany, with its registered office at Lurgiallee 10, 60439 Frankfurt am Main (“Hoymiles”). Throughout the site, the terms “we”, “us” and “our” refer to Hoymiles and its affiliates. Hoymiles offers this website, including all information, tools and Services (as defined below in Section 3) available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

The use of our Website and the purchase of our products on our Website shall be governed by these Terms of Service and General Terms and Conditions of Purchase (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and available by hyperlink. 

These Terms of Service apply to all users of the site, including without limitation users who are vendors, customers, merchants, and/ or contributors of content, who have accepted these Terms of Service.

To the extent that these Terms of Service contain our general terms and conditions of purchase, you may only place an order with us, if you are submitting an order in your capacity as a consumer, i.e. a natural person who places the order for a purpose that cannot be attributed to their commercial or self-employed professional activity. Commercial dealers, retailers, distributors or customers acting in their capacity as a trader, i.e. a natural or legal person, irrespective of whether privately or publicly owned, who is acting, including through any other person acting in his name or on his behalf, for purposes relating to his trade, business, craft or profession, are not entitled to order any products on our Website. Such traders may directly contact our customer service for their business inquiries. 

Please read these Terms of Service carefully before accessing or using our website and before making a purchase or contribution content to us. 

By accessing our website and/or purchasing products from us, you engage in our "Services" and agree to be bound by these Terms of Service ("Terms"), including any additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the website, including, without limitation, vendors, customers, merchants, contributors of content, and browsers.

By accessing or using any part of this website, you agree to be bound by these Terms of Service.If you do not agree to these Terms of Service and the terms referred to herein, then you may not access the Website, make a purchase, upload your content or use any Services. 

Any new features or tools which are added to the current Website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ELIGIBILITY

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and otherwise possess the legal capacity to enter into binding agreements under applicable law.

When you are a legal person or company, you represent and warrant that you have the legal capacity to represent and act on behalf of that legal person or company and to accept these Terms of Service.
 

SECTION 2 - GENERAL CONDITIONS

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 - USER ACCOUNTS,INFORMATION ACCURACY AND SECURITY

3.1 Account Registration

To access certain features of our websites, apps, devices and related services (collectively, the “Services”), you may need to create an account and provide certain personal information such as your name, email address, username and a password.

3.2 Accuracy of Information

You agree to provide true, accurate and complete information when creating and using your account, and to promptly update such information if it changes.

You shall not use false identities, usernames, profile information or other content to impersonate any person or entity.

We reserve the right to suspend or terminate your account if any information provided is inaccurate, incomplete or misleading.

Your personal information will be processed in accordance with the applicable Privacy Policy.

3.3 Account Security

You are responsible for maintaining the confidentiality and security of your account credentials and for all activities conducted under your account.

You shall not use another person’s account, share your login credentials with unauthorized parties, or bypass any account security measures. You may not transfer your account to any third party without our prior written authorization, unless such transfer occurs automatically by way of legal or testamentary succession.

You must immediately notify us of any unauthorized use of your account or any security breach.

 

SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The material on this site is provided for general information only. Any reliance on the material on this site is at your own risk and responsibility.
 
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time. You agree that it is your responsibility to monitor changes to our site.

You remain solely responsible for independently assessing the suitability of any product or Service for your intended use and operating environment. Should you have any questions regarding the characteristics of a product or Service and whether it suits your intended use, you may contact our customer service using the contact details set out in these Terms of Service.
 

SECTION 5 - MODIFICATIONS TO THE SERVICES 

We reserve the right to propose modifications to our Services (or any part or content thereof) at any time. If we decide to make such modifications, we will update the "Last Updated" date at the beginning of these Terms of Service. If the proposed changes are material, we will notify you in text form (e.g. by email) at least 30 days before the proposed effective date. The modifications offered to you will only take effect under the following conditions:

• (i)If the proposed modification is a significant modification, we ask for your acceptance to these modifications. Significant modifications are changes that significantly shift the previously agreed contractual relationship, in particular the relationship between performance and consideration, to your disadvantage or would be equivalent to the conclusion of a completely new agreement (e.g., changes to the type and general scope of services, term, and right of termination, or modifications of the functionality of the Services). Modifications due to a change in the law, a final court ruling, or a preliminary injunction do not constitute a significant modification.
• (ii)If the proposed modifications are not significant, we may update these Terms of Service by revising the "Last Updated" date at the beginning of these Terms of Service. Such modifications will become effective on the updated date without further notice, unless otherwise required by applicable law.
• (iii)By continuing to use the Services after any modifications become effective, you agree to the revised Terms of Service. Where a modification notice is required under this Section, your continued use of the Services after the proposed effective date specified in such notice will constitute your acceptance of the proposed modifications.

We reserve the right to discontinue our Services or any part thereof at any time in accordance with the Section on termination (Section 16) of these Terms of Service.

 

SECTION 6 – PRODUCTS, SERVICES AND CONCLUSION OF THE AGREEMENT

 

The display of products on our Website does not constitute a binding offer but merely an invitation to you to submit an offer to purchase such products subject to the conditions set out in the non-binding offer and the acceptance of these Terms of Service.

You may add the products you wish to purchase to your virtual shopping bag. Before submitting your order, you may review the contents of your virtual shopping bag and correct any input errors, including by removing products or adjusting the quantity of items you wish to purchase.

After you have entered your shipping and payment details (i.e., name, shipping address, email address, and payment method), you will be directed to an overview page summarizing your order, including the main characteristics of the products you wish to purchase and your shipping and payment details. On this overview page, you may review your order and all details provided and correct any input errors by using the return function of your browser to navigate back to the relevant input page.

Your submission of your order by using the “order with obligation to pay”  button constitutes your binding offer to purchase the products listed in your order. When placing an order with us, you are required to accept these Terms of Service. Without accepting these Terms of Service you are not able to place an order with us, purchase any products or receive any Services.

After you have placed an order, we will send you an email acknowledging receipt of your order and providing the details of your order (the “Order Confirmation Email”). The Order Confirmation Email is solely an acknowledgment of receipt and does not constitute our acceptance of your offer or order.

We reserve the right to accept or reject your order at our sole discretion prior to shipment. A binding purchase contract will only be formed when the ordered product is shipped and we send you a shipment confirmation email or when we expressly send you an email or notice accepting your order (whichever is earlier). 

The shipment confirmation email or the email or notice accepting your order will include these Terms of Service, which form an integral part of the binding purchase contract, and will outline the main elements of your order and the key characteristics of the product(s) ordered. 

The binding purchase contract will be stored by us in accordance with applicable data protection laws. The languages available for the conclusion of this agreement are English and German. The binding purchase contract will only be accessible via the shipment confirmation emai lor the email or notice accepting your order referred to above.

Shipping and handling times as well as the countries to which we currently ship our products are set out in our Shipping Policy.

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. Such selling restrictions are displayed on our Website and before you submit your order. 

We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. 

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, unless you may expect such quality from the nature of the goods or our public statements regarding the respective product.

Prices are subject to change at any time due to exchange rate fluctuations, discounts, and other commercial factors. The price applicable to your order is the valid price at the time your order is accepted by us. We reserve the right to change the prices of our products on our Website without prior notice.

We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

 

SECTION 7 – PRICES, ACCURACY OF BILLING AND ACCOUNT INFORMATION, PAYMENT METHODES 
 

All prices displayed on our Website are shown exclusive of VAT and shipping costs. The applicable VAT, duties (if any), and shipping charges will be calculated based on your delivery address and displayed at checkout before you place your order.

In Germany we offer free shipping. For deliveries to other European countries, applicable shipping charges will be calculated and displayed during the checkout process. The final amount payable, including VAT and shipping costs, will be shown in the order summary before you submit your binding order.

Payment of the purchase price is due immediately upon submission of your order. You shall be in default of your payment obligation if you fail to pay within thirty (30) days of the due date and receipt of a payment statement or invoice.

We offer various payment methods to pay the agreed purchase price. Such payment methods include, but are not limited to, credit card payment (Visa and Mastercard), PayPal or Klarna.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that you are the authorized holder of any payment card or payment method used to make purchases through our websites or applications. You further authorize us to charge such payment method for the purchase price of the products, together with any applicable taxes, shipping fees, handling fees, and other charges disclosed to you at the time of purchase.

Payments made through the website may be processed by independent third-party payment service providers such as for instance PayPal. Your use of third-party payment services may also be subject to the terms and privacy policies of the relevant payment provider.

We do not collect or store your full payment card details or authentication credentials used in connection with payment verification.

For more details regarding the payment methods accepted by us and the applicable payment processes, please visit Payment Methods.

Any products purchased on our Website shall remain our sole property until you have paid the agreed purchase price in full.

 

SECTION 8 – OPTIONAL THIRD-PARTY TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. The access and use of such third-party tools is subject to your acceptance of the terms and conditions of the provider or operator of such third-party tools.

You acknowledge and agree that access to such tools is provided on an “as is” and “as available” basis by the provider or operator of such third-party tools. We have no influence on and are not responsible for any warranty claims or conditions in relation to such third-party tools, as these tools are exclusively provided by the provider or operator of such third-party tool. We do not become party to the contract regarding the use of such third-party tools. Any claims in relation to such third-party tools must be directly addressed and resolved with the provider or operator of such tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
 

SECTION 9 - THIRD-PARTY LINKS

Certain content, products and Services available via our Service or Website may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. To the extent that we provide such links on our websites to third-party websites, we do not assume any responsibility for the continued accuracy, correctness, and completeness of the linked content, as such content is beyond our area of responsibility and control and we have no influence on its future design. Should you consider any content to be in violation of applicable law or inappropriate, we ask you to notify us accordingly.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies, terms and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
 

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property, third party rights (e.g. privacy rights) or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. 
 

SECTION 11 - PRIVACY POLICY AND COOKIES

Your submission of personal information through the store or our Website and our use of such personal information is governed by our Privacy Policy. 

When accessing or using our services, you should read and take note of our Privacy Policy and how we may use your personal information.

As further described in the Privacy Policy, we use cookies and similar technologies on our Website to collect certain information. If you access or use our websites, please carefully review our Cookie Policy to understand how such technologies are used. 
 

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or not accept orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
 

SECTION 13 - PROHIBITED USES

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature. 
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content:

• (a)  for any unlawful purpose; 
  
• (b)  to solicit others to perform or participate in any unlawful acts; 
  
• (c)  to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; 
  
• (d)  to infringe upon or violate our intellectual property rights or the intellectual property rights of others; 
  
• (e)  to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; 
  
• (f)  to submit false or misleading information; 
  
• (g)  to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; 
  
• (h)  to collect or track the personal information of others or to infringe upon or violate the privacy of others or their privacy rights; 
  
• (i)  to spam, phish, harm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or 
  
• (k)  to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. 
  

We reserve the right to immediately terminate your use of the Service or any related website or to suspend your user account for violating any of the prohibited uses or any of the Terms.

 

SECTION 14 - EXPORT CONTROL AND SANCTIONS COMPLIANCE

You represent and warrant that:

• (a) you are not subject to any applicable trade sanctions, export restrictions, embargoes, or similar measures imposed by the European Union, the United Nations, the United States, People’s Republic of China or any other applicable jurisdiction;
  
• (b) you are not located, organized, or ordinarily resident in any country or region subject to comprehensive sanctions or embargoes; and
  
• (c) you will not use, export, re-export, transfer, or otherwise make available the products or Services in violation of applicable export control or sanctions laws.
  We reserve the right to refuse, suspend, or cancel any order or Service where we reasonably believe that such transaction may violate applicable export control or sanctions regulations.

 

SECTION 15 - WARRANTIES ; GUARANTEES ; LIMITATION OF LIABILITY

If you are a consumer purchasing our products on our Website and receive a defective product within the meaning of statutory warranty laws, you are entitled to statutory warranty rights. Such statutory warranty rights include, but are not limited to, the right to require us to repair or redeliver a defective product at our cost and expense. Should we fail to fulfill your right to supplementary performance within a reasonable period of time, or should such supplementary performance be deemed to have failed, you may, provided the statutory requirements are met, rescind from the purchase contract or reduce the purchase price in accordance with the applicable statutory provisions.

The limitation period for your statutory warranty rights shall be two (2) years, commencing upon delivery of the products to you.

Certain products or Services may require software, firmware, or application updates in order to maintain functionality, compatibility, security, or performance. To the extent such updates are necessary for these purposes, we will provide you with the relevant software, firmware, or application updates for your products or Services and inform you of their availability.
The relevant updates provided by us are usually installed automatically. However, certain updates may require manual installation by you, depending on the product or Service and its configuration and settings. You are obliged to install such updates within a reasonable period of time.

Your failure to install such updates within a reasonable period following the provision of the update may result in:

• (a)limited functionality, reduced performance, security vulnerabilities, or incompatibility with certain Services or features; and
  
• (b)the exclusion of our liability for any defects of the product that are exclusively caused by your failure to install the update, provided, however, that such failure is not attributable to erroneous or defective installation instructions provided by us.
  

In addition to your statutory warranty rights in the event of a defect, the product manufacturer offers a guarantee for certain products. The terms and conditions of the guarantee and its exercise can be found in the Limited Voluntary Warranty, which is available in our Warranty policy.

The use and any warranty rights in relation to our software and apps are subject to different terms and conditions, which may be viewed and accessed at User Agreement.

In light of the particularities of the Internet and the possibility of interruptions beyond our control, we do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

With respect to the Services offered by us, you are entitled to statutory warranty rights as a consumer (if any), provided that the statutory requirements are met.

We are not responsible for any incompatibility, interruption, malfunction, loss, or damage resulting from:

• (a)    third-party devices, software, applications, or services;
  
• (b)    installation, configuration, or maintenance performed by third parties and/or not in accordance with our installation, configuration or maintenance instructions;
  
• (c)    internet connectivity, utility grid conditions, or telecommunications failures; 
  
• (d)    modifications or alterations not authorized by us.
  

Compatibility with third-party systems or equipment is not guaranteed unless expressly confirmed by us in writing.

To our customers outside the EU and Germany, the following limitations of liability shall apply: Except where prohibited by applicable law, in no case shall Hoymiles, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

To our customers in Germany and Europe, the following limitations of liability shall apply: 
Either party is only liable towards the other party if (i) it is assuming a guarantee , (ii) acts intentionally, fraudulently or is or is grossly negligent, (iii) in cases of injury to life, body or health, or (iv) in case of a breach of essential contractual obligations , i.e. a duty the fulfilment of which is essential for enabling the due performance of the agreement and on the fulfilment of which the relevant party habitually relies and may rely on. However, in case of a slightly negligent violation of essential contractual obligations, either party's liability towards the other shall be limited to foreseeable damages which are characteristic for such type of contracts. Apart from that, neither party shall be liable towards the other, irrespective of its legal basis (contract, tort, etc).

If and to the extent that a party's liability is limited or excluded pursuant to the preceding paragraph, this shall also apply to the corresponding personal liability of the respective party's employees, vicarious agents, and legal representatives.

The limitations of liability in this paragraph do not apply with regard to liability under the Product Liability Act (ProdHaftG) or where the parties have assumed a guarantee .

Nothing in these Terms shall exclude, limit, or restrict any mandatory consumer rights or statutory protections that cannot be excluded or limited under applicable law.
 

SECTION 16 - INDEMNIFICATION

To the fullest extent permitted by applicable law and provided that you are not a customer from the EU or Germany, you agree to defend, indemnify and hold harmless Hoymiles, its affiliates, and their respective directors, officers, employees, agents, licensors and service providers (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, proceedings, liabilities, damages, losses, judgments, settlements, penalties, fines, costs and expenses (including reasonable attorneys’ fees and legal costs) arising out of or relating to: 

• (i)your access to or use of our services or products;
  
• (ii)your breach of these Terms, including any representation, warranty or obligation under these Terms; 
  
• (iii)any information, content, data or materials provided by you; 
  
• (iv)your violation of any applicable law, regulation or third-party rights; 
  
• (v)your misuse of the Services, including any prohibited conduct under these Terms; or 
  
• (vi)any actual or alleged infringement or misappropriation of any intellectual property, privacy or other rights of any third party by you.
  

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate fully with us in asserting any available defenses. You may not settle any such matter without our prior written consent if such settlement imposes any obligation, admission of liability or restriction on any Indemnified Party.

 

SECTION 17 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
 

SECTION 18 – TERM AND TERMINATION, ACCOUNT SUSPENSION

To the extent that you decide to use our Services and conclude a corresponding contract with us, such contract for our Services is concluded free of charge and for an indefinite period. 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. 

We may terminate these Terms of Service with respect to any contract for our Services at any time without cause by providing thirty (30) days' prior written notice, such termination to take effect at the end of the relevant calendar month.

Termination for good cause by either party remains unaffected. Good cause for us is given in particular if: 

• (i)You breach your obligations under these Terms and fail to remedy such breaches within the deadline specified in our prior warning;
  
• (ii)The information provided during the registration process is incorrect; or
  
• (iii)You grant any unauthorized third party access to your user account.
  

In addition, we may terminate the contract for our Services concluded with you, if you object to or refuse to accept the modifications proposed to you in accordance with Sections 5 or 21.

You may also terminate the contract for our Services concluded with us, if you do not agree with the modifications proposed to you in accordance with Sections 5 or 21.
Notice of termination must be given in text form (e.g. by email).

Upon termination or expiration of this Terms, all rights and licenses granted to you under this Terms (if any) shall automatically terminate immediately, including your right to access and use our Services. You must immediately cease all use of our Services.

Upon the effective date of the termination, we may suspend or terminate your access to the Services and delete or remove from our systems any data, files, or other information provided by you or otherwise associated with your use of the services, unless otherwise required by applicable law.

We reserve the right to take any actions we deem necessary to prevent or remedy any unauthorized use of the Services following termination, including without limitation implementing technical restrictions.

Upon termination or expiration of these Terms, all provisions that by their nature should survive termination shall survive.

We reserve the right to temporarily or permanently suspend your user account, if we have specific, actual indications that you breach these Terms of Service, infringe any third party rights (including copyright and privacy rights) or are in violation of the statutory law. This applies in particular when we have concrete indications that:

• (i)The information provided during the registration process is incorrect;
  
• (ii)You grant any unauthorized third party access to your user account;
  
• (iii)You continue using our Services through your user account after the effective date of the termination;
  
• (iv)Your use of our Services is likely to result in damages to our systems and tools; or
  
• (v)In the event of termination for good cause.
   
  

 

SECTION 19 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies referenced herein constitutes the entire agreement and understanding between you and us and govern your use of the Service and the purchase of our products on our Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

We may assign, transfer, subcontract, delegate or otherwise dispose of any of our rights and obligations under this Terms without prior notice to you or your consent.
 

SECTION 20 - GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Service and the contractual relationship between you and us shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and its provisions on conflict of laws. If you are a consumer with your habitual residence in another country than Germany, the mandatory consumer protection provisions of that country shall remain unaffected by this choice of law.

If you are a trader, merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be our registered office in Frankfurt am Main. We shall be also entitled to bring legal action against such trader, merchant, legal entity, or special fund before any competent court. Mandatory statutory provisions regarding exclusive places of jurisdiction shall remain unaffected. 

If you are a consumer, you may bring any disputes arising from this contract either at your place of residence or at our registered office in Frankfurt am Main.

We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

SECTION 21 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Changes to these Terms of Service become binding upon your acceptance during the checkout. 

To the extent that we have concluded a contract regarding the provision and use of our Services, the acceptance mechanism set out in Section 4 applies.

 

SECTION 22 – Independent Contractors

You and we are independent contracting parties. Nothing in this Agreement shall be construed as creating any agency, partnership, joint venture, fiduciary, or employment relationship between the parties.

 

SECTION 23 – No Third-Party Beneficiaries

Except for Hoymiles and its affiliates, indemnified parties, and our licensors and suppliers (to the extent expressly provided in this Agreement), this Agreement is solely for the benefit of the parties and does not confer any rights or remedies upon any third party.

 

SECTION 24 - NOTICE AND CONTACT INFORMATION; CUSTOMER SERVICE

All notices and other communications required or permitted under this Terms must be in text form. We may provide any notices or communications to you by email to the most recent email address provided by you to us. 

You are solely responsible for ensuring that your email address remains accurate and up to date.  

You must send all notices and communications to us at shop.support@hoymiles.com. Questions about the Terms of Service should be sent to us at shop.support@hoymiles.com.

You may contact our customer service at shop.support@hoymiles.com for any questions or inquiries regarding our products, Services, or your order. Should your inquiry relate to an order, please include your order number. Depending on the nature of your question or inquiry, our customer service may request additional information from you in order to respond to your request.

 

SECTION 25 – RIGHT OF WITHDRAWAL

If You are a consumer, i.e. a natural person who places the order for a purpose that cannot be attributed to their commercial or self-employed professional activity, residing in Germany or any other Member State in the European Union, you may exercise your right of withdrawal regarding the conclusion of the contract or for the provision and use of our Services, without paying any penalty and without stating any reason under the conditions set forth in this Section 25.

WITHDRAWAL POLICY FOR PURCHASE CONTRACTS
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us, Hoymiles MyEnergy GmbH, Lurgiallee 10, 60439 Frankfurt am Main, Germany, Email: shop.support@hoymiles.com, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

EFFECTS OF WITHDRAWAL
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

WITHDRAWAL POLICY FOR SERVICE CONTRACTS
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us, [Insert your name (including legal form), geographical address, telephone number and email address.] of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

EFFECTS OF WITHDRAWAL
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

 Model Withdrawal Form 
(complete and return this form only if you wish to withdraw from the contract)

To: Hoymiles MyEnergy GmbH [please add the complete company name (including legal form), geographical address and email address]
– I/We (1) hereby give notice that I/We (1) withdraw from my/our (1) contract of sale of the following goods (1)/for the provision of the following service (1)
– Ordered on (1)/received on (1)
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only if this form is notified on paper)
– Date

(1) Delete as appropriate 

EXCEPTIONS TO THE WITHDRAWAL
Your right of withdrawal in relation to the contract for the provision of our Services expires, where such contract does not require you to pay any fees, upon our commencement of performance of the Services.
Your right of withdrawal in relation to the contract for the provision of our Services expires, where such contract puts you under an obligation to pay, if the following conditions are met:
(i)We have fully performed the Services,
(ii)You have expressly requested that we commence the performance of the Services before the expiry of the withdrawal period, and
(iii)You have acknowledged that your right of withdrawal expires upon full performance of the Service contract.
Your right of withdrawal in relation to the purchase contract does not exist where we supply you with goods made to your specification or that are clearly personalized for you.

 

SECTION 26 – VOLUNTARY RIGHT OF RETURN, CANCELLATIONS, RETURNS, EXCHANGE

In addition to the statutory right of withdrawal applicable to our consumer residing in the European Union, we offer all of our customers a voluntary right of return. This voluntary right of return applies in addition to the consumer’s right of withdrawal (if any) and may be exercised without giving any reason within 30 days of the delivery of the products. The consumer’s right of withdrawal remains unaffected by this voluntary right of return.
The terms and conditions of our voluntary right of return and the procedures for returning the products are set out in our cancellation, returns & exchange policy, and is incorporated into these Terms of Service by reference.
Under the conditions set out in our cancellation, returns & exchange policy, you may also cancel an order before it is shipped.

 

Section 27 – PRE-CONTRACTUAL INFORMATION UNDER THE EU DATA ACT (REGULATION (EU) 2023/2854) ON CONNECTED PRODUCTS

The EU Data Act (Regulation (EU) 2023/2854) requires us, as the seller of connected products and the provider of related services, to provide you with certain information in a clear and comprehensible manner prior to the conclusion of the purchase contract and the related service contract. This information is available on our dedicated Pre-Contractual Information under the EU Data Act page.
 
Last updated: July 27, 2026.