General Terms and Conditions of Trade
As of December 2020
1. Validity of deliveries, offers and sales are exclusively based upon the following conditions
These terms of trade shall become part of all contracts and shall also be valid for future business relationships without further agreement. Contradicting terms of trade or deviant counter-confirmations are only accepted after expressed written agreement of Grimmeissen.
2. Offer, acceptance and contract
Written or verbal offers are not binding and subject to change, even if not marked as such. The Grimmeissen internet offers are an invitation to contract according to BGB. A purchase and sales contract between the customer and Grimmeissen is only formed after Grimmeissen confirms the customer’s order by letter or E-Mail.
3. Deadline, delayed acceptance and special warranty
According to § 146 BGB a tender‘s order is terminated if it is either not accepted or rejected by Grimmeissen. Grimmeissen shall confirm any customer’s offer within seven days after receipt of the offer. If Grimmeisen doesn’t comply with this time limit, the purchase and sales contract fails and the customer is released from his binding offer. If Grimmeissen only confirms a customer’s order after the given period of time has expired, no purchase and sales contract is realized because the customer is released by the expiry of the given period. The order confirmation has to be seen as a new offer and the customer is free to either accept or deny it.
4. Right of cancellation according to § 145 BGB
The tender’s offer is binding. However, Grimmeissen grants right of cancellation according to § 3 Abs. 3 Fernabsatzgesetz. The customer may recede from the purchase and sales contract. The period for the right of cancellation comes into force only by correct and complete return of the delivered goods to Grimmeissen. Return costs are the responsibility of Grimmeissen.
5. Right of cancellation on the part of Grimmeissen
Grimmeissen reserves the right to cancel any purchase and sales contract. This may take place for example in cases of any supply bottleneck or unpredictable problems of delivery.
6. Prices and shipping costs
All listed or quoted prices are not binding. Errors and price alterations are reserved. All prices are to be understood as given in EURO.
Other agreements provided, Grimmeissen delivers ordered items within the BRD with a purchase price up to EURO 1,000.00, charging shipment costs of EURO 10.00 including postage, package and insurance. If the purchase price exceeds EURO 1,000.00 delivery is free for the customer. Other agreements provided, Grimmeissen provides insurance covering the purchasing price of each delivery. However, Grimmeissen reserves the right to charge possible insurance fees for shipment in certain cases after informing the customer. Some insurances exceeding the above given value require a special agreement. Additional costs for this increased insurance are charged to the customer.
Deliveries abroad, especially to non EU-countries, are charged with an adequate flat-rate for shipping according to the destination.
Other agreements provided, the flat-rate for shipping to EU-countries is EURO 25.00 per delivery including postage, package, shipment, and insurance. The flat-rate for deliveries to non EU-countries (USA/Overseas) is EURO 51.00. Other agreements provided, Grimmeisen provides insurance covering the purchase price of each delivery. However, Grimmeissen reserves the right to charge possible insurance fees for shipment in certain cases after informing the customer.
7. Passing of risk
Delivery / collection of goods shall be at the risk of Grimmeissen. Returns shall be at the risk of the customer and are only accepted by insured parcel (in the amount of the purchase price)
All binding dates of delivery are subject to expressed written confirmation. Part deliveries are permitted. Also in cases of binding agreements on deadlines and dates Grimmeissen is not liable for delays of delivery and performance by reasons of unforeseen circumstances and events essentially impeding or preventing delivery, i.e. strikes, breakdowns, official orders, problems of procurement also of suppliers.
The purchaser shall be obliged to accept ordered and delivered goods. In case the purchaser denies or omits acceptance, the purchaser is in default of acceptance. Following another failed attempt of delivery, Grimmeissen reserves the right to charge 20 % of the value of the goods ordered as compensation (subject to a possible higher damage).
9. Conditions of payment
All deliveries are made against remittance, cheque payment, or cash. Mode of payment has to be arranged with Grimmeissen. Further modes of payment are possible upon agreement with Grimmeissen (advance payment, bank cheque). Payment is settled the moment the amount payable is credited to the account of Grimmeissen. Customer’s delay of payment authorizes Grimmeissen to charge a maximum interest of 5 % or the prime rate of the European Central Bank respectively. Enforcement of any further damage caused by delay is reserved explicitely.
10. Retention or set-off
The customer is only authorized to retention or set-off of partial amounts if a counterclaim which shall be set off is finally decided or is confirmed in writing by Grimmeissen.
11. Reservation of ownership
Grimmeisen reserves proprietary rights until all claims of Grimmeissen against the customer are settled, including future claims and claims arising from contracts made at the same time or later. This is also valid if some or all claims of the vendor were included in a current account and the balance is struck and accepted.
For all delivered goods Grimmeissen provides warranty coverage according to the statutory provisions for all damage resulting from material or production after passing of risk according to the following provisions:
The customer obliges himself to examine all deliveries from Grimmeissen on receipt to be free from defects and in due condition.
Grimmeissen reserves the right for two attempts of remedy of defect. If the remedy of defect should fail the customer generally has the right of withdrawal or rescission. Warranty does not cover any defects caused by improper handling of the goods by the customer or a third party. In case of any claims the customer has to give an exact description of the defect to Grimmeissen. The removal of any marking, stickers or identification labeling off the goods causes loss of warranty.
13. Customer’s return privilege
Grimmeissen generally offers the customer a 14-day (after receipt of delivery) return privilege for all goods.
In case of return the customer immediately informs Grimmeissen about his intent of return and returns the goods to Grimmeissen. The shipping costs are Grimmeissen's responsibility. Only if the goods are delivered to Grimmeissen the customer can change the article, otherwise Grimmeissen shall refund the purchase price of the same. The customer may decide upon the way of refunding. Refunding takes place 30 days after receipt of delivery at the latest.
If the purchased goods are unsalable after being returned to Grimmeissen because of damage or use by the customer, refunding is impossible. Grimmeissen reserves the right to abate the amount of refunding or to return the goods to the customer. According to § § 346 ff BGB the customer has no general return privilege in case of improper return of the goods.
14. General conditions
If any provision of these Terms of Trade or of any other contractual agreements is or shall become invalid, the remaining provisions and agreements shall nevertheless remain in full force and effect. The partners oblige themselves already today to agree upon an alternative provision replacing the same in the best possible original, economic, and legal form.
Any modifications or amendments whatsoever of these Terms of Trade shall only be legally effective in written form. This is also valid for waiving the written form requirement.
As far as this is legally possible, place of performance and jurisdiction is Heilbronn. Any dispute arising shall be governed by the German version of these Terms of Trade and by German Law.