General Terms and Conditions of Trade
As of May 2021
1. Deliveries, offers and sales are made exclusively on the basis of the following conditions
These general terms and conditions become part of all contracts and also apply to all future business relations, even if the GTC are not expressly agreed again. Contradictory general terms and conditions or deviating counter-confirmations shall only be accepted if Grimmeissen expressly confirms them in writing.
2. Offer, acceptance and contract
Written and verbal offers are subject to change and non-binding, even if they are not marked as such. The offers of Grimmeissen on the internet are to be understood as an invitation to submit an offer according to the German Civil Code (BGB). A contract of sale between the customer and Grimmeissen shall only be concluded if Grimmeissen confirms the customer’s order in writing or by e-mail.
3. Acceptance period, delayed acceptance and indemnification of the customer
According to § 146 ff BGB the order of the applicant expires if it is rejected or not accepted in time by Grimmeissen. Grimmeissen has to confirm an offer of the customer within a period of seven days after receipt of the offer. If this deadline is not met by Grimmeissen, no valid purchase contract will be concluded and the customer will be released from his binding offer. If Grimmeissen confirms an order of the customer after the expiration of the aforementioned period, no contract of sale is concluded, because the customer is released by the expiration of the period. The order confirmation is to be understood as a new application and can be accepted or rejected by customers.
4. Right of withdrawal according to § 145 BGB
The applicant is bound to his application. However, Grimmeissen grants its customers a right of withdrawal according to § 3 para. 3 Distance Selling Act. Within a period of 14 calendar days after receipt of the goods the customer may withdraw from the purchase contract. The time limit for the effective exercise of the right of withdrawal is only kept by correct and complete return of the delivered goods to Grimmeissen. The costs for the return shipment shall be borne by Grimmeissen.
5. Right of withdrawal on the part of the Grimmeissen company
Grimmeissen reserves the right to withdraw from a purchase contract. This may be the case, for example, in the event of delivery bottlenecks or unforeseeable delivery problems.
6. Prices and delivery charges
All prices published verbally or in writing are non-binding. Errors and price changes at short notice are always reserved. All prices are quoted in EURO.
Unless otherwise agreed, Grimmeissen will ship the ordered goods within Germany and the EU free of charge for a purchase price of € 1.000,- or more. Costs for shipment below € 1.000,- according to agreement. Unless otherwise agreed, the goods will be insured by Grimmeissen to a maximum value of the purchase price per shipping order. However, Grimmeissen reserves the right to claim any insurance costs for the shipment of goods in certain cases after informing the customer. Individual insurances with a value exceeding the above mentioned amount require a separate agreement. The additional costs for this increased insurance shall be borne by the customer.
For deliveries outside Germany, but especially to countries outside the EU, Grimmeissen charges a reasonable flat rate for shipping, depending on the destination.
In this case, Grimmeissen will insure the goods to be shipped up to a maximum value of the purchase price per shipping order, unless otherwise agreed, but reserves the right in certain cases, after informing the customer, to claim any insurance costs for the shipment of goods from the customer.
7. Transfer of risk
The dispatch / collection of the goods is at the risk of Grimmeissen. Returns are at the risk of the customer and have to be made exclusively by parcel with special value (in the amount of the purchase price).
All binding delivery deadlines require express written confirmation. Partial deliveries are permissible. Grimmeissen shall not be responsible for delays in delivery and performance due to force majeure and due to events which make delivery considerably more difficult or impossible, such as strikes, operational disruptions, official orders, difficulties in procuring materials, etc., even if they occur at the supplier’s, even if binding deadlines and dates have been agreed.
The acceptance of the ordered and delivered goods is an obligation of the buyer. If the buyer refuses to accept the goods or fails to accept the goods despite being requested to do so again, the buyer shall be in default of acceptance. The risk of accidental loss shall then pass to him. After a renewed and also failed delivery attempt, Grimmeissen reserves the right to claim 20 % of the order value as compensation (subject to proof of a possible higher damage). The customer reserves the right to prove that Grimmeissen has suffered less damage.
9. Terms of payment
The delivery of the goods shall be made against bank transfer or in cash. The choice of payment method is made after consultation with Grimmeissen. Furthermore, another payment method (advance payment) can be agreed upon after consultation with Grimmeissen. Payment shall be considered as made when the amount due has been irrevocably credited to the account of Grimmeissen. In case of default of payment by the customer, Grimmeissen is entitled to charge interest of up to 5 % above the respective discount rate of the Deutsche Bundesbank or the central rate of the European Central Bank. Grimmeissen expressly reserves the right to claim further damages caused by default.
10. Retention or set-off
The customer is only entitled to retain or offset partial amounts if a counterclaim with which the customer wants to offset has been legally established or accepted in writing by Grimmeissen.
11. Retention of title
Grimmeissen retains ownership of its goods until all claims of Grimmeissen against the customer arising from the business relationship, including future claims also from contracts concluded at the same time or later, have been settled in full. This also applies if individual or all claims of the seller have been included in a current invoice and the balance has been drawn and accepted.
12. Liability for material defects
Grimmeissen warrants all goods delivered by Grimmeissen to be free from defects in material and workmanship at the time of passing of risk, subject to the following provisions:
The customer is obliged to check all deliveries of Grimmeissen for defects and correctness upon receipt. Grimmeissen reserves the right to repair twice. Should the rectification of defects fail, the customer has the right to withdraw from the contract or to cancel the contract.
Defects caused by the customer or any other third party due to improper handling are excluded from warranty. In case of a complaint, the customer is obliged to describe the defect exactly to Grimmeissen. The removal of markings, stickers and other identification marks on the goods will result in the loss of the warranty claim.
Insofar as used goods were delivered, the limitation period for claims for compensation due to a defect - irrespective of the legal grounds - shall be one year from delivery. In the case of delivery of new goods, the statutory limitation period shall apply from delivery.
After the expiry of 6 months after handover, the customer shall bear the burden of proof that the defect was already present at the time of handover.
13. Right of return of the customer
The company Grimmeissen grants its customers in principle a right of return up to a period of 14 days (after receipt of the goods delivery by the customer).
In case of return, the customer informs Grimmeissen immediately about his intention to return the goods and sends the goods to Grimmeissen at Grimmeissen’s expense. Only if the goods are received by Grimmeissen, the customer can exchange the article or Grimmeissen will refund the purchase price of the goods to the customer in the way requested by the customer immediately, at the latest after 30 days.
If the purchased goods are no longer resalable upon arrival at Grimmeissen because they are damaged or have been used by the customer, a refund of the purchase price is not possible. In these cases Grimmeissen reserves the right to reduce the refund amount or to have the customer accept the goods. According to § 346 ff BGB there is basically no claim for return if the goods are not returned in proper condition.
14. Final provisions
Should a provision in these General Terms and Conditions or a provision within the framework of other contractual agreements be or become invalid, this shall not affect the validity of all other provisions or agreements. In this case, the parties already undertake to agree on a provision that comes as close as possible to the original, legal and economic intention.
All amendments, supplements, cancellations or deviating agreements in the General Terms and Conditions must be in writing to be effective. This also applies to the waiver of the written form requirement itself.
The place of performance and jurisdiction is Heilbronn, insofar as this can be legally agreed. In principle, the law of the Federal Republic of Germany shall apply.