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Terms and Conditions English

General Terms and Conditions

Scope

The following General Terms and Conditions (GTC) apply to all orders placed through our online shop by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. An entrepreneur is a natural or legal person or a legally capable partnership acting in the exercise of their trade, business, or profession when entering into a legal transaction.

These GTC also apply to future business relationships with entrepreneurs, without the need for us to refer to them again. If the entrepreneur uses conflicting or supplementary GTC, their validity is hereby rejected; they only become part of the contract if we have expressly agreed to them.

Contractual Partner, Conclusion of Contract

The purchase contract is concluded with Graef GmbH.

By listing products in our online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order using the correction tools provided and explained during the order process. The contract is concluded when you accept the offer for the items in the shopping cart by clicking the order button. Immediately after submitting the order, you will receive confirmation via email.

A binding contract may also be concluded earlier in the following cases:

  • When you choose PayPal as your payment method, the contract is concluded at the time you confirm the payment instruction to PayPal.

The language available for the conclusion of the contract is German.

We store the contract text and send you the order details and our GTC via email. You can also view the GTC at any time on this page. Your past orders are not accessible online for security reasons.

Delivery Conditions

In addition to the stated product prices, shipping costs are added. Details about the shipping costs are available with the product offers.

We only deliver by shipping. Self-collection of the goods is not possible.

Payment

The following payment methods are available in our shop:

  • Credit card payments with Visa or Mastercard
  • PayPal

Right of Withdrawal

Consumers have the statutory right of withdrawal as described in the withdrawal policy. Entrepreneurs are not granted a voluntary right of withdrawal.

Retention of Title

The goods remain our property until full payment is made.

For entrepreneurs, the following applies additionally: We retain ownership of the goods until all claims arising from an ongoing business relationship have been fully settled. You may resell the goods in the ordinary course of business; all claims arising from this resale are assigned to us in advance in the amount of the invoice total, regardless of a connection or mixture of the goods with a new item. We accept the assignment. You remain authorized to collect the claims, but we may also collect claims if you fail to meet your payment obligations.

Transport Damages

For consumers: If goods are delivered with obvious transport damages, please report such defects immediately to the carrier and contact us without delay. Failure to report or contact us does not affect your statutory claims or their enforcement, particularly your warranty rights. However, you help us assert our own claims against the carrier or transport insurance.

For entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the goods to the carrier, freight forwarder, or person otherwise responsible for shipping. Among merchants, the obligation to inspect and give notice of defects as regulated in § 377 of the German Commercial Code (HGB) applies. If you fail to give notice as stipulated, the goods shall be deemed approved unless the defect was not recognizable during the inspection. This does not apply if we fraudulently concealed a defect.

Warranty and Guarantees

Unless expressly agreed otherwise below, the statutory liability for defects applies.

For entrepreneurs, the limitation period for defect claims is one year from the transfer of risk; the statutory limitation periods for the right of recourse under § 478 of the German Civil Code (BGB) remain unaffected.

For entrepreneurs, only our own information and the product description are binding for the characteristics of the goods; we assume no liability for public statements or other advertising statements.

If the delivered item is defective, we provide a warranty to entrepreneurs at our discretion by rectifying the defect (repair) or delivering a defect-free item (replacement).

The above restrictions and shortened periods do not apply to claims arising from damages caused by us, our legal representatives, or agents:

  • For injury to life, body, or health
  • For intentional or grossly negligent breaches of duty or fraud
  • For breaches of essential contractual obligations, which are necessary for the proper execution of the contract and on whose compliance the contractual partner regularly relies
  • Within the scope of a guarantee promise, if agreed
  • As far as the scope of the Product Liability Act is opened.

Liability

We are always fully liable for claims due to damages caused by us, our legal representatives, or agents:

  • For injury to life, body, or health
  • For intentional or grossly negligent breaches of duty
  • Under guarantee promises, if agreed
  • As far as the scope of the Product Liability Act is opened.

For breaches of essential contractual obligations due to slight negligence by us, our legal representatives, or agents, liability is limited to the foreseeable damage at the time of the conclusion of the contract.

In all other cases, claims for damages are excluded.

Online Dispute Resolution

Online dispute resolution pursuant to Art. 14 (1) ODR Regulation: The European Commission provides a platform for online dispute resolution (ODR), which is available at http://ec.europa.eu/consumers/odr/.

Final Provisions

If you are an entrepreneur, German law applies to the exclusion of the UN Sales Convention.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.