General terms of delivery and payment

Graichen Produktions- und Vertriebs GmbH, D-64625 Bensheim

1. applicability, clientele, language

1.1 All offers, purchase contracts, deliveries and services based on orders placed by our customers via our online store www.graichen.shop, (hereinafter the “Webshop”), including orders by telephone, e-mail, fax or post, are subject to these General Terms and Conditions of Business

1.2 The products offered in our webshop are aimed equally at consumers and entrepreneurs, but only at end customers. For the purposes of these General Terms and Conditions.

1.3 The customer’s terms and conditions shall not apply, even if we do not separately object to their validity in individual cases.

1.4 The contracts with the customer are 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 places the order via our German-language website, only the German version of these General Terms and Conditions shall apply. 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 by 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 will send the customer a confirmation of receipt of the offer immediately after receipt of the offer, which does not constitute acceptance of the offer. The offer shall only be deemed to have been 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 only concluded upon our acceptance.

2.4 Every customer who is a consumer is 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 current prices at the time of conclusion of the contract shall apply, ex warehouse (plus statutory VAT).

3.2 Unless expressly agreed otherwise, we deliver in Germany 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 of 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
– Paypal
– Cash on collection

3.5 The customer shall have no right of set-off or retention unless the counterclaim is undisputed or has been legally established.

4. shipment of the goods

4.1 We will dispatch the goods to the customer no later than the dispatch date shown on the respective offer page when the order is placed (date on which we hand over the goods to the shipping company), whereby this date is only approximate and may therefore be exceeded by up to two working days. If no dispatch date is specified, goods marked as “IMMEDIATELY” will be dispatched on the fifth working day at the latest (subject to a sale permitted under paragraph 2) and all other goods within three weeks. This period, which is decisive for determining the dispatch 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 on delivery or on account has been agreed, on the day on which the purchase contract is concluded.

4.2 If the goods are marked as “SOFORT” in the webshop when the customer submits the offer and delivery is made against advance payment, we will keep the goods in stock for a period of five working days after our acceptance of the offer; if we do not receive payment within this period, we are entitled to sell off the goods at any time. In this case, the goods will only be dispatched within the aforementioned period of five working days while stocks last. Otherwise, a period of three weeks from receipt of payment shall be deemed agreed for shipment.

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 shall commence, if delivery against advance payment has been agreed, on the day of receipt of the full purchase price (including VAT and shipping costs) or, if agreed on account, on the day of conclusion of the purchase contract.

4.5 If the goods cannot be delivered or cannot be delivered on time for one of the reasons stated in paragraph 3, we will notify the customer immediately. In such cases, we shall reach an individual agreement with the customer regarding the delivery date. If the goods are not available from our suppliers for the foreseeable future, we shall be entitled to withdraw from the purchase contract. In the event of withdrawal, we shall immediately reimburse the customer for any payments made to us. The statutory rights of the customer due to delay in 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 unavailable, we shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.

4.6 If we fail to meet a delivery date, the customer must set us a reasonable grace period, which may not be less than one week.

4.7 We are entitled to make partial deliveries of separately usable products included in an order, whereby we shall bear the additional shipping costs incurred as a result.

5. shipment. Insurance and transfer of risk

5.1 Delivery is 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 shall 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 destruction, accidental damage or accidental loss of the delivered goods shall pass to the customer at the time at which 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 transportation company.

5.5 The shipping costs shall be borne by the Buyer. They include the costs of transportation insurance taken out by us against the usual transportation risks. The corresponding shipping costs are indicated to the customer in the order form.

6. reservation of title

6.1 We reserve 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 subsequent performance pursuant to Section 7 fails or is unreasonable for the customer or if we refuse subsequent performance, the customer shall be entitled to withdraw from the purchase contract, reduce the purchase price or demand compensation for damages or reimbursement of his futile expenses in each case in accordance with the applicable law. The customer’s claims for damages are also subject to the special provisions of Section 8 of these General Terms and Conditions.

7.4 The statutory warranty period is two years from delivery if the customer is a consumer, otherwise twelve months from delivery.

7.5 The customer must carefully inspect the goods immediately after delivery. The delivered goods shall be deemed to have been approved by the customer if a defect is not notified to us (i) in the case of obvious defects within ten working days of delivery or (ii) otherwise within ten working days of discovery of the defect.

8. liability

8.1 Our liability for negligence (excluding gross negligence) in the event of delayed delivery shall be limited to an amount of (25)% of the respective purchase price (including VAT).

8.2 We shall not be liable (irrespective of the legal grounds) for damages that are not typically to be expected according to the nature of the respective order and the goods and under 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 in the delivered goods are excluded if he does not notify us of the defect within a period of two weeks after delivery of the goods.

8.4 The limitations of this Section 8 shall not apply to our liability for guaranteed characteristics within the meaning of Section 444 BGB. § 444 BGB, for injury to life, limb or health or under the Product Liability Act.

9 Applicable law and place of jurisdiction

9.1 The purchase contract existing between us and the customer is subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods, subject to mandatory international private law provisions.

9.2 If the customer is a merchant within the meaning of sec. § Section 1 (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 in question 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.

Bensheim 12-2021

Download the AGB here