General Terms of Trade for purchases in the online shop
§ 1 General, sphere of application of the ToT
1.1 All deliveries and services are made solely on the basis of the following General Terms of Trade (referred to below as the “ToT”) in the version valid upon the date of order. Unless specifically agreed otherwise in writing, contrary business conditions do not apply.
1.2 The contractual partner is
58675 Hemer / Germany
Telephone: +49 (0)2372 93 - 0
Fax +49 (0)2372 93-1322
(referred to below as the “Seller”).
1.3 Customers in the sense of these Terms of Trade can be both consumers and entrepreneurs (referred to below as the “customer”). The customer is a consumer if the purpose of the deliveries and services ordered cannot primarily be assigned to his commercial or independent profession. In contrast, an entrepreneur is every natural person, legal entity or legally-capable business partnership acting in exercise of their commercial or independent profession when concluding the contract.
§ 2 Conclusion of contract, realisation of the contract
2.1 Once you have found the desired product, you can view this in more detail, without obligation, by clicking on the product name or on the product image. You can place the article in the shopping trolley by clicking on the “In the shopping trolley” button. You can view the contents of the shopping trolley at any time, without obligation, by clicking on the [Shopping trolley] button. You can remove or change the products in your shopping trolley again by clicking the “Change” and “Delete” graphics. If you want to purchase the products in the shopping trolley, click in the shopping trolley on the “To the check-out” button.
2.2 In the course of the further order process, enter your invoice and delivery address under “Your address”. In the next step, you again receive a summary of your order data and can once again check all the details. You can correct typing errors by navigating backwards in your browser or by aborting the order process and starting again.
2.3 As the last step of your order, enter your payment information under “Type of payment and shipment” on a secure page encoded with SSL. You are able to pay our invoices by credit card (we accept Visa and Master Card), debit card or purchase on account.
2.4 Both the payment information and your order are transmitted by clicking on the “Order with liability to pay” button. By submitting your order, you make us a binding offer of concluding a contract with you. We accept this offer by sending our order confirmation to you by e-Mail and the purchase contract enters force.
§ 3 Storage of the contractual text
We store your order and the order data you have entered. We will send you an order confirmation with all order data by e-Mail. You also have the opportunity to print out both the order and our General Terms of Trade before sending the order to us.
§ 4 Prices and costs of shipment
4.1 All prices contain value-added tax but do not include the costs of shipment. We deliver by UPS or another provider of our choice.
4.2 In case of a revocation, the customer bears the direct costs of returning the goods.
§ 5 Delivery conditions
5.1 We deliver solely within Estonia.
5.2 Unless stated otherwise in the offer, the goods are handed over to the carrier at the latest 3 days after the confirmation of order has been delivered.
§ 6 Terms of payment
6.1 Payment per credit card
Payment can be made per credit card (we accept Master Card and Visa) or by debit card. If you are paying with a credit card, your account will first be charged after the confirmation of order has been sent to you.
6.2 Payment with Paypal
You pay the invoice sum through the online provider Paypal, PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (referred to below as “PayPal”), under validity of PayPal’s conditions of use, which can be called-up at: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. In principle, you must be registered there or registrate yourself for the first time, legitimise yourself with your access data and confirm the payment instruction to us (an exception is possibly a guest access). You will receive further information during the order process.
6.3 Purchase on account
In the case of a purchase on account, the invoice sum is due for payment to our external partner Billpay GmbH by the calendar date stated on the invoice (20 calendar days after the date of invoice). The purchase on account method is not available for all offers and, among other things, it requires a successful check on creditworthiness by Billpay GmbH. When a customer is allowed to purchase certain offers on account after reviewing creditworthiness, the payment is processed together with Billpay GmbH, to whom we assign our claim to payment. In this case, the customer can only pay Billpay GmbH with the effect of discharging the debt. Even in the case of purchase on account through Billpay, we remain responsible for general customer inquiries (e.g. involving the goods, delivery times and dispatch), for returns, complaints, declarations of revocation and sending back goods or credit notes. The General Terms of Trade of Billpay GmbH apply.
6.4 Reservation of title; offsetting; right of retention
(1) In the case of consumers, we reserve ownership to the purchase item until complete payment of the invoice sum. If you are an entrepreneur exercising your commercial or independent profession, a legal entity under public law or a public law special trust, we reserve ownership to the purchase item until all outstanding claims from the business relationship with the purchaser have been settled. The appropriate rights of security can be transferred to third parties.
(2) You do not have a right of offsetting unless your counterclaims have been established by a court of law or have been recognised or are undisputed by us. Moreover, you do not have a right of retention unless and insofar as your counterclaim is based on the same contractual relationship.
§ 7 Warranty
7.1 If the purchase item has a material defect, the legal regulations apply as a matter of principle. In other words, this means that you can demand subsequent fulfilment (i.e. subsequent delivery or rectification of the fault at your discretion). If further legal prerequisites apply, you are entitled to reduce the purchase price or to withdraw from the contract. The regulations stated in § 10 of the General Terms of Trade apply – in addition or in deviation to the legal prerequisites – to claims to damages due to a defect in the item.
7.2. In case of subsequent fulfilment, we are only obliged to bear expenditure necessary for this (in particular, costs of transport, tolls, work and materials), insofar as these are not in-creased by moving the item to a different place than the headquarters or commercial branch office of the customer to whom the item was delivered. This Item does not apply in case of recourse under § 478 BGB.
7.3 Warranty claims expire by limitation of time in accordance with legal provisions.
7.4 The following are not material defects: wear and tear caused by use or other natural processes; the quality of the goods or damages as a result of improper treatment, storage or installation after the transfer of risk; non-observance of assembly or care instructions; excessive stress or usage; a lack of maintenance and care; the quality of the goods or damages caused by an Act of God or outside influences that are not envisaged in the contract; or caused by the use of the goods outside the normal application or the use envisaged in the contract.
§ 8 Liability for damages and recompense for expenditure
8.1 Claims to damages are excluded. Exceptions to this are claims to damages resulting from fatalities, physical injuries or harm to health, from the violation of cardinal contractual obligations and for liability for other losses, which are caused by a malicious or grossly negligent violation of duty on the part of the provider, its legal representatives or vicarious agents. Cardinal contractual obligations are those that are necessary to fulfil in order to achieve the object of the contract.
8.2 In the case of a violation of cardinal contractual obligations, we are only liable for the damages typically foreseeable for the contract if these have been caused by simple negligence, unless these concern claims to damages incurred by you from a fatality, physical injuries or harm to health.
8.3 The restrictions under Para. 1 and 2 also apply in favour of our legal representatives, staff, workers, employees and vicarious agents, if claims are pursued directly against these people.
8.4 The limitations of liability resulting from Para. 1 and 2 do not apply if we have maliciously concealed the defect or have given a written guarantee for the quality of the item. The same applies if we have made a written agreement with you concerning the quality of the item. The provisions of product liability law remain unaffected.
8.5 If the limitation of liability does not apply to claims from producer liability in accordance with § 823 BGB, our liability is limited to the recompense paid by the insurance company. If this does not occur or occurs only partially, we are liable up to the extent of the coverage sum. This Item does not apply to culpability in the case of fatalities, physical injuries or harm to health.
8.8 The foregoing regulations are not associated with a reversal of the burden of proof.
§ 9 Customer service/mediation of disputes
9.1 In case of questions, objections or complaints, you can reach our customer service from Mondays to Fridays from 9.00 hrs to 17.00 hrs at the telephone number +3725038971 and by e-Mail at firstname.lastname@example.org
9.2 Online settlement of disputes: the European Commission provides a platform to settle disputes online. This can be reached at http://ec.europa.eu/consumers/odr/.
GROHE shall not participate in a dispute settlement process in front of a consumer mediation office.
§ 10 Choice of law, place of jurisdiction
10.1 German law shall prevail to the exclusion of UN Commercial Law.
10.2 In the case of customers who conclude the contract for a purpose that cannot be assigned to their trade or commercial profession (consumers), this choice of law does not af-fect the overriding provisions of the law of the state, in which the customer has his normal residence.
10.3 The place of fulfilment and jurisdiction for deliveries and payments and for all disputes arising between ourselves and the customer from the contracts concluded between our-selves and the customer is Düsseldorf.
§ 11 Miscellaneous
11.1 The language of contract is English.
11.2 Should one or more regulations in these ToT be unworkable, this shall not affect the workability of the rest of the contract. If the provisions are unworkable, the content of the contract is oriented to legal provisions.