1 SCOPE OF APPLICATION
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of the company GROCH & ERBEN GmbH (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the Seller’s online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.
1.2 Regarding the purchase of vouchers, these GTC shall apply accordingly, unless expressly agreed otherwise.
1.3 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity.
1.4 A trader pursuant to these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2. CONCLUSION OF THE CONTRACT
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The Client may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart.
2.3 The Seller may accept the Client’s offer within five days,
– by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
– by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
– by requesting the Client to pay after he placed his order.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
2.4 If a payment method offered by PayPal is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the Client does not have a PayPal account, subject to the Terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Client pays by means of a method of payment offered by PayPal which can be selected in the online order process, the Seller hereby declares the acceptance of the Client’s offer at the time when the Client clicks on the button concluding the order process.
2.5 When submitting an offer via the Seller’s online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller shall not make the contract text accessible beyond this.
2.6 Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.
2.7 The German and the English language are exclusively available for the conclusion of the contract.
2.8 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3. PRICES AND PAYMENT CONDITIONS
3.1 Unless otherwise stated in the Seller’s product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description
3.2 Payment can be made using one of the methods mentioned in the Seller’s online shop.
3.3 In case of delivery to countries outside the European Union, additional costs may incur in individual cases for which the Seller is not responsible and which have to be borne by the Client. This includes for example transfer fees charged by banking institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such costs regarding money transfer may also incur, if delivery is not made in a country outside the European Union and the Client carries out the payment from a country outside the European Union.
3.4 If prepayment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have arranged a later maturity date
3.5 If you select a payment method offered via the payment service “Shopify Payments”, payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online shop. To process payments, Stripe may use other payment services to which special payment conditions may apply, to which the customer may be notified separately. Further information about “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments-de.
3.6 If the customer acts as an entrepreneur, if the purchase on account payment method is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deductions within 14 (fourteen) days of receipt of the invoice, unless otherwise agreed. The seller reserves the right to only offer the purchase on account payment method up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.
3.7 If you select the purchase on account payment method, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction to Klarna AB, Sveavägen 46,11134 Stockholm, Sweden (www.klarna.de) within 14 (fourteen) days from the invoice date, unless otherwise agreed. The purchase on account payment method requires a successful credit check by Klarna AB. If the customer is allowed to use the purchase on account payment method after checking their creditworthiness, the payment will be processed in cooperation with Klarna AB, to which the seller assigns his payment claim. In this case, the customer can only make payments to Klarna AB with debt-discharging effect. Otherwise, the general terms and conditions of Klarna AB apply, which the customer can access as part of the ordering process. The seller reserves the right to only offer the purchase on account payment method up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.
4. RESERVATION OF PROPRIETARY RIGHTS
4.1 If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.
5. OFFSETTING AND RIGHT OF RETENTION FOR ENTREPRENEURSHIPS
5.1 As an entrepreneur, you are only entitled to set-off rights if your counterclaims have been legally established, are undisputed or have been recognized by us.
5.2 Furthermore, you are only authorized to exercise a right of retention to the extent that your counterclaim is based on the same contractual relationship.
5.3 The legal regulations regarding withdrawal are not affected by this.
6. SHIPMENT AND DELIVERY CONDITIONS
6.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Client unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing shall be decisive.
6.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client’s control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.
6.3 Personal collection is not possible for logistical reasons.
6.4 Vouchers will be provided to the Client as follows:
– by download
– by e-mail
7. ACCEPTANCE OF THE GOODS UPON SHIPPING
7.1 The company commissioned with the transport is liable for any damage suffered by the goods during transport. You must therefore carefully examine the goods or freight for damage and missing quantities before acceptance/acknowledgment, immediately complain about this to the transport company and take photos of the damage.
7.2 In the event of damage that is only discovered when unpacking, the goods must be left in the packaging in the condition they were found and photos of the damage must be taken. You must report any damage or loss incurred during transport to us immediately and send us the documents required to settle the damage.
7.3 The statutory warranty rights of consumers are not affected by this.
8. LIABILITY FOR DEFECTS (WARRANTY)
8.1 If the goods delivered are defective, you are entitled to statutory warranty rights.
8.2 If the customer acts as an entrepreneur,
– the seller has the choice of the type of supplementary performance;
– For new goods, the limitation period for defects is one year from delivery of the goods;
– In the case of used goods, rights and claims due to defects are excluded;
– the statute of limitations does not begin again if a replacement delivery is made within the scope of liability for defects.
9. REDEMPTION OF PROMOTIONAL VOUCHERS
9.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only during the specified period.
9.2 Promotional vouchers can only be redeemed by consumers.
9.3 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
9.4 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible.
9.5 Only one promotional voucher can be redeemed per order.
9.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
9.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to pay the difference.
9.8 The balance of a promotional voucher will neither be paid out in cash nor interest.
9.9 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.
9.10 The promotional voucher is only intended for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.
10. REDEMPTION OF GIFT VOUCHERS
10.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless the voucher states otherwise.
10.2 Gift vouchers and remaining balance of gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.
10.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible.
10.4 Only one gift voucher can be redeemed per order.
10.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.
10.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
10.7 The balance of a gift voucher will neither be paid out in cash nor interest.
10.8 The gift voucher is transferable. The seller can make payments with discharging effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization, incapacity or lack of authorization to represent the respective owner.
11. LIABILITY
11.1 Our liability for damages, regardless of the legal basis (particularly in the event of delays, defects or other breaches of duty), is limited to the foreseeable damage that is typical for the contract.
11.2 The above limitation of liability does not apply to our liability for intentional behavior or gross negligence, for guaranteed characteristics, for injury to life, body or health or under the Product Liability Act.
12. RIGHT TO CANCEL
12.1 Consumers are entitled to the right to cancel.
12.2 Detailed information about the right to cancel are provided in the Seller’s instruction on cancellation.
12.3 The right to cancel does not apply to consumers, who are no nationals of a member state of the European Union at the time of concluding the contract und whose exclusive domicile and delivery address were located outside of the European Union at the time of concluding the contract.
12.4 You can also download the sample cancellation form on our website: Widerrufsrecht
13. ALTERNATIVE DISPUTE RESOLUTION
13.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
13.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
14. PLACE OF JURISDICTION
14.1. German law applies exclusively to all legal relationships.
14.2. The place of jurisdiction for all claims arising from this contract is Cottbus.
As of 30.04.2024