General terms and conditions of delivery and payment
Graichen Produktions- und Vertriebs GmbH, D-64625 Bensheim, Germany
1. applicability, clientele, language
1.1 All offers, purchase agreements, deliveries and services based on orders placed by our customers via our online store www.graichen.shop, (hereinafter the “Webshop”), including orders placed by telephone, e-mail, fax or by mail are subject to these General Terms and Conditions of Business
1.2 The product offer in our web store is aimed equally at consumers and entrepreneurs, but only at end users. For purposes of these Terms and Conditions.
1.3 The customer’s terms and conditions of business shall not apply, even if we do not separately object to their application in individual cases.
1.4 Contracts with the Customer shall be concluded exclusively in German or English, depending on whether the Customer places the order via the German-language page or non-German-language pages of the Webshop. If the customer’s order is placed via our German-language website, the German version of these General Terms and Conditions shall accordingly prevail exclusively. If the order is placed via our non-German language websites, only the English version of these General Terms and Conditions shall apply.
2. conclusion of contract
2.1 Our offers in the webshop are non-binding.
2.2 By placing an order in the webshop (which requires acceptance of these General Terms and Conditions), the Customer makes a binding offer to purchase the relevant Product. The customer is bound to the offer until the expiry of 14 calendar days following the day of the offer. We are entitled to accept the offer within this period.
2.3 We shall send the customer a confirmation of receipt of the offer without undue delay after receipt of the offer, which shall not constitute an acceptance of the offer. The offer shall only be deemed to be accepted by us as soon as we declare acceptance to the customer (by e-mail) or dispatch the goods. The purchase contract with the customer is concluded only with our acceptance.
2.4 Any customer who is a consumer shall be entitled to revoke the offer and return the goods in accordance with the special revocation and return instructions provided to him together with the confirmation of receipt of his offer.
3. prices and payment
3.1 Unless otherwise agreed, our prices current at the time of conclusion of the contract shall apply, ex warehouse (plus statutory VAT).
3.2 Unless expressly agreed otherwise, we shall deliver domestically and abroad only against advance payment, in each case against invoice.
3.3 If delivery on account has been agreed, our invoices shall be due for payment within 30 days after dispatch of the goods and receipt of the invoice by the customer; unless expressly agreed otherwise in writing.
3.4 Graichen Produktions- und Vertriebs GmbH accepts the payment methods listed in the webshop.
– On account
– Cash on collection
3.5 The customer shall have no right of set-off or retention unless the counterclaim is undisputed or has been finally adjudicated.
4. shipment of the goods
4.1 We will ship the goods to the customer no later than the shipping date shown on the respective offer page when the order is placed (the date on which the goods are handed over by us to the shipping company), whereby this date is only approximate and may therefore be exceeded by up to two business days. If no shipping date is specified, merchandise marked “IMMEDIATE” will be shipped no later than the fifth business day (subject to a sale permitted under paragraph 2) and all other merchandise will be shipped within three weeks. This period, which is decisive for the determination of the shipping date, begins in each case, (a) if delivery against advance payment has been agreed, on the day of receipt of the full purchase price (including VAT and shipping costs) or (b) if payment by cash on delivery or on account is agreed, on the day of the conclusion of the purchase contract.
4.2 If the goods are marked as “SOFORT” in the web store when the customer submits the offer and the delivery is made against advance payment, we will keep the goods in stock within a period of five working days after our acceptance of the offer; if we do not receive the payment within this period, we are entitled to sell the goods at any time. In this case, the shipment within the specified period of five working days only while stocks last. Otherwise, a period of three weeks from receipt of payment shall be deemed agreed for dispatch.
4.3 In the event that our supplier does not deliver goods to us on time which were not marked as “SOFORT” on the offer page in the web store when the customer placed the order or which were sold off in accordance with paragraph 2, the period otherwise applicable under paragraphs 1 and 2 shall be extended until delivery by our supplier plus two working days, but by a maximum period of three weeks. The prerequisite for this extension of the deadline is that we immediately reorder the goods and are not responsible for the delay in delivery by our supplier.
4.4 All delivery periods stated by us in the order or otherwise agreed upon shall commence, if delivery against prepayment is agreed upon, on the day of receipt of the full purchase price (including VAT and shipping costs) or on invoice is agreed upon, on the day of the conclusion of the purchase contract.
4.5 If the goods cannot be delivered or cannot be delivered in time for one of the reasons mentioned in paragraph 3, we shall notify the customer thereof without undue delay. In these cases we will make an individual agreement with the customer regarding the delivery date. If the goods are not available from our suppliers for the foreseeable future, we are entitled to withdraw from the purchase contract. In the event of a withdrawal, we will immediately reimburse the customer for any payments made to us. The customer’s statutory rights due to delayed delivery shall not be affected by the above provision, whereby the customer may only claim damages in accordance with the special provisions of Section 8 of these General Terms and Conditions. If the goods are permanently not available, we refrain from a declaration of acceptance. A contract is not concluded in this case.
4.6 If we fail to meet a delivery date, the customer shall grant us a reasonable grace period, which shall not be less than one week.
4.7 We shall be entitled to make partial deliveries of separately usable products included in an order, whereby we shall bear the additional shipping costs caused thereby.
5. shipping. Insurance and transfer of risk
5.1 Delivery shall be ex works.
5.2 Unless expressly agreed otherwise, we shall determine the appropriate mode of shipment and the transport company at our reasonable discretion. We bear the shipping risk if the customer is a consumer.
5.3 We only owe the timely, proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company. A shipping time stated in the webshop is therefore non-binding.
5.4 If the customer is a consumer, the risk of accidental loss, accidental damage or accidental destruction of the delivered goods shall pass to the customer at the time the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk shall pass to the customer upon delivery of the goods to the transport company.
5.5 The shipping costs shall be borne by the Buyer. They include the costs of transport insurance taken out by us against the usual transport risks. The corresponding shipping costs are indicated to the customer in the order form.
6. retention of title
6.1 We retain title to the goods delivered by us until full payment of the purchase price (including VAT and shipping costs) for the goods in question.
7. warranty, guarantee
7.1 If the delivered goods have a material defect, the customer may first demand that we remedy the defect or deliver defect-free goods.
7.2 We may refuse the type of subsequent performance chosen by the Buyer if this is only possible at disproportionate cost.
7.3 If the supplementary performance pursuant to clause 7 fails or is unreasonable for the customer or if we refuse the supplementary performance, the customer shall be entitled in each case in accordance with the applicable law to withdraw from the purchase contract, to reduce the purchase price or to claim damages or reimbursement of its futile expenses. In addition, the special provisions of Section 8 of these General Terms and Conditions shall apply to the customer’s claims for damages.
7.4 The statutory warranty period shall be two years from delivery if the customer is a consumer, otherwise twelve months from delivery.
7.5 The customer shall carefully inspect the goods immediately after they have been sent. The delivered goods shall be deemed to have been approved by the customer if a defect has not been reported to us. (i) in case of obvious defects within ten working days after delivery or (ii) is otherwise notified within ten working days of discovery of the defect.
8.1 Our liability for negligence (except for gross negligence) shall be limited to an amount of (25)% of the respective purchase price (including VAT) in case of delay in delivery.
8.2 We shall not be liable (irrespective of the legal grounds) for damage that is not typically to be expected according to the nature of the respective order and the goods and in the case of normal use of the goods. The above limitations of liability shall not apply in the event of intent or gross negligence.
8.3 Claims for damages by the customer due to obvious material defects of the delivered goods are excluded if the customer does not notify us of the defect within a period of two weeks after delivery of the goods.
8.4 The limitations of this clause 8 shall not apply to our liability for guaranteed quality features within the meaning of the German Civil Code. § 444 BGB (German Civil Code), due to injury to life, body or health or according to the Product Liability Act.
9 Applicable law and place of jurisdiction
9.1 The purchase contract existing between us and the customer shall be governed by the laws of the Federal Republic of Germany, subject to mandatory international private law provisions, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
9.2 If the customer is a merchant within the meaning of. § 1 para. 1 of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the place of jurisdiction for any disputes arising from or in connection with the contractual relationship concerned shall be exclusively the registered office of Graichen. In all other cases, we or the customer may bring an action before any court having jurisdiction on the basis of statutory provisions.
Download the terms and conditions here
Alternative dispute resolution pursuant to Art. 14 para. 1 ODR Regulation and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are not obligated or willing to participate in dispute resolution proceedings before a consumer arbitration board.