General Commercial Terms and Conditions
General Commercial Terms and Conditions (GCTC) for purchases from the online shop at www.grohe.com/lt_LT
§ 1 General, GCTC Scope of Application
1.1 All deliveries and services are performed exclusively based on these General Commercial Terms and Conditions (hereinafter "GCTC") in the version in effect at the time of order. Unless explicitly agreed to in writing, commercial terms and conditions that depart herefrom shall not apply.
1.2 The party to the contract is Grohe AG Eesti filiaal, Tartu mnt 16, 10117 Tallinn, Estonia.
Telephone: + 372 661 6354, Telefax: + 372 661 6364 E-mail: firstname.lastname@example.org (here in after the "Seller").
1.3 The customer as defined in these commercial terms and conditions may be a consumer as well as a commercial enterprise (hereinafter the "Customer"). Consumers as defined in these commercial terms and conditions are natural persons who enter into contracts for a purpose that cannot be ascribed to their commercial or professional activity. Companies under these commercial terms and conditions are natural or legal persons or business partnerships with legal standing that are acting to exercise their commercial or independent professional activity in concluding a contract with the Seller.
§ 2 Concluding the Contract, Effective Date of Contract
2.1 Our offer is binding. Your order signifies your acceptance of our offer to enter into a contract. The contract takes effect when you send your order to us. You will receive an order confirmation by e-mail.
2.2 If you have found the product you desire, you can review it in greater detail without obligation by clicking on the product name or image. Clicking on the [Purchase Product] button places the item in the shopping cart. You can review the contents of the shopping cart at any time without obligation by clicking on the [Shopping Cart] button. You can change or remove products from the shopping cart by clicking on [Change] or [Delete]. If you would like to purchase the products in the shopping cart, click on the [Go to Step 2] button on the "Product Selection" page.
In the next steps of the ordering process, enter your billing and shipping address under "Personal Information". In the next step, you will receive another overview of your ordering information under "Summary" and can re-check all of the information. You can correct entry errors by navigating backwards in your browser or canceling the order process and starting over from the beginning. In order to continue, you must accept our general commercial terms and conditions and press the [pay for my order] button.
In the fourth and last step of your order, you will enter your credit card information under "Payment" on an SSL-encrypted secure page. Clicking on the [Continue] button sends both your credit card information as well as your order. We will then send you an e-mail confirmation of your order. After this, you will receive a separate order confirmation, which will finally constitute implementation of the contract.
§ 3 Storing the Contract Text
We will save your order and the order data you have entered. We will send you an order confirmation by e-mail, followed by an order confirmation containing all of the order information. You also have the option of printing both the order and the General Commercial Terms and Conditions before sending your order to us.
§ 4 Right of Cancellation for Consumers
The following right of cancellation exists solely for consumers engaging in long-distance transactions:
Right of cancellation
You have the right to cancel this contract within fourteen days without cause.
The cancellation period is fourteen days counted from the day on which you or a third party appointed by you who is not the carrier has taken possession of the goods.
To exercise your right of cancellation, you must notify us (Grohe AG Eesti filiaal, Tartu mnt 16, 10117 Tallinn, Estonia. Telephone: + 372 661 6354, Telefax: + 372 661 6364 E-mail: email@example.com) with a clear statement (e.g., a letter sent by mail or e-mail) of your decision to withdraw from this contract. You may use the attached sample cancellation form to do so, but it is not required.
The cancellation deadline is considered to have been met if you have sent the notice concerning exercising your right of cancellation prior to the expiration of the cancellation deadline.
Consequences of cancellation
If you cancel this contract, we are required to repay you all payments we have received from you, including delivery costs (with the exception of any additional costs arising due to the fact that you have chosen a type of delivery other than the most cost-effective standard delivery offered by us) immediately and within fourteen days from the date on which the notice of your cancellation of this contract was received by us. We will use the same means of payment for this repayment that you used for the original transaction, unless we have explicitly agreed to another arrangement with you; you will not be charged any fees for the repayment under any circumstances. We may refuse to withhold the repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or surrender the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of your cancellation of this contract. The deadline is considered to have been met if you send the goods before expiration of the fourteen-day period. You must bear the direct costs of returning the goods.
You are only responsible for any loss in the value of the goods if this loss in value is attributable to an unnecessarily extensive verification of the suitability, features, and operation of the goods by you.
There is no right of cancellation in the case of long-distance contracts
• for delivery of sealed goods that are not suitable for return for health safety or
hygiene reasons if their seal has been removed.
§ 5 Sample Cancellation Form
(If you wish to cancel the contract, please complete this form and return it to us.)
To: Grohe AG Eesti filiaal, Tartu mnt 16, 10117 Tallinn, Estonia. Telephone: + 372 661 6354, Telefax: + 372 661 6364 E-mail: firstname.lastname@example.org
I/we (*) hereby cancel the contract concluded by me/us (*) concerning the purchase
of the following goods (*)/performance of the following service (*)
Ordered on (*)/received on (*)
Name of consumer
Address of consumer
Signature of consumer (only for paper notification)
(*) Strike through items that do not apply.
§ 6 Prices and Shipping Costs
All prices include the statutory value added tax plus shipping costs. We deliver by UPS or another supplier of our choice.
§ 7 Terms of Delivery
7.1 We deliver exclusively inside Sweden.
7.2 The goods will be delivered, unless otherwise indicated in the proposal, 2 days after delivery of your order confirmation.
§ 8 Payment Terms
8.1 Payment may be made by credit card (we accept Visa or MasterCard) or debit card. When paying by credit card, your account will not be charged until your order confirmation is sent.
8.2 For consumers, we retain ownership of the purchased item until payment of the invoiced amount is complete. If you are a company exercising your commercial or independent professional activity, a corporate body under public law, or a special fund under public law, we retain ownership of the purchased item until all outstanding receivables from the business relationship with the purchaser have been settled. The corresponding security interests are transferable to third parties.
8.3 You are entitled to offsets only in cases where your counterclaims have been legally established or are undisputed or acknowledged by us. In addition, you have a right of retention only if and to the extent your counterclaim is based on the same contractual relationship.
8.4 If you are a consumer, interest at 5% above the base interest rate will be applied to the purchase price in the case of past-due payments for the period in arrears. If you are not a consumer, the interest rate for the period in arrears will be 9% above the base interest rate. We reserve the right to demonstrate and claim greater harm due to delay.
§ 9 Warranty
9.1 If you are a consumer and are placing the order with us for a purpose that cannot be ascribed to your commercial or professional activity, the warranty is based on the existing law.
9.2 If placing an order with us as a company, the following shall apply:
9.2.1 Delivered goods must be inspected by the Customer immediately after they are received, provided this is possible in the normal course of business. If a defect is evident, it must be reported to us immediately. If the customer fails to report it, then the good is deemed approved, unless it is a matter of a defect that could not have been detected during the inspection. If such a defect should arise later, then the report must be made immediately after it is discovered; otherwise the goods are considered accepted in regard to this defect as well. § 377 of the HGB [Commercial Code] remains unaffected hereby. The Customer is also not relieved of its duty to inspect in the case of recourse by the company to § 478 of the BGB. In the event it fails to report defects asserted by its receiving party, then the goods are also considered accepted in regard to this defect.
9.2.2 In cases where a defect is present, we are entitled to specify the manner of replacement in consideration of the type of defect and the justified interests of the Customer. Replacement under these contracts is deemed to have failed after the third unsuccessful attempt. This clause shall not apply in the case of recourse pursuant to § 478 of the BGB.
9.2.3 In the case of replacement for defects, we are obligated to bear the expenses required for this, specifically costs for transport, travel, labor, and materials, only to the extent these are not increased due to the fact that the item was brought to a location other than the site or the business office of the Customer to which it was delivered. This clause shall not apply in the case of recourse pursuant to § 478 of the BGB.
9.2.4 The statute of limitations for defect claims by the Customer, including claims for damages, is one year. This shall not apply in the case of recourse pursuant to § 478 of the BGB, as well as in cases pursuant to §§ 438 Para. 1 No. 2 of the BGB and § 634a Para. 1 No. 2 of the BGB. This shall also not apply for claims for damages due to injury to life, health, or limb, or due to a grossly negligent or malicious breach of obligation by us or our agents.
§ 10 Liability for Damages and Reimbursement of Expenses
10.1 If you are a consumer and are placing the order with us for a purpose that cannot be ascribed to your commercial or professional activity, we are liable for damages based on the existing law.
10.2 If you are placing your order with us as a company, the following applies in the event we are liable for damages under the contract pursuant to 10.2 to 10.8 herein:
10.2.1 To the extent the claims are based on malicious breach of duty by us, our agents, or our representatives, we are liable in accordance with the law. In the event the claims are based on a grossly negligent breach of duty by us or our representatives or agents, then the liability is limited to the typically foreseeable damage.
10.2.2 In the event we or our representatives or agents are culpably in breach of an obligation which absolutely must be met for the proper performance of the contract, whose breach jeopardizes the achievement of the purpose of the contract, and which the Customer would ordinarily expect to be met - and such does not create a situation of liability under the law - the liability shall be limited to the typically foreseeable damage occurring in such a case.
10.2.3 Unless otherwise stipulated under 10.2.1 and 10.2.2, we shall not be liable for compensation for damage. The same applies as well in cases where claims for recourse under § 478 of the BGB is asserted against us as a supplier.
10.3 The liability exclusions and limitations listed under 10.2 apply as well for other claims, particularly tort claims or claims for compensation for wasted expenditures instead of performance.
10.4 The liability exclusions and limitations under 10.2 shall not apply for any claims arising under §§ 1, 4 of the Product Liability Act or for culpable injury to life, limb, or health. They shall also not apply in cases where we have assumed warranty for the suitability of our goods or successful performance or a procurement risk and the warranty has come into effect or the procurement risk has materialized.
10.5 We are subject to liability arising from a procurement risk only if we have explicitly accepted the procurement risk in writing.
10.6 Provided the liability limitation under 10.2 does not apply for claims arising from producer liability as defined under § 823 of the BGB, our liability is limited to the insurance compensation benefit. Should this not or only partially take effect, we are liable up to the amount of the liability coverage. This section shall not apply to cases of culpable injury to life, limb, or health.
10.7 In cases where our liability is excluded or limited, this applies as well to the personal liability of our officers, workers, employees, representatives, and agents.
10.8 The foregoing provisions are not associated with any reversal of burden of proof.
§ 11 Customer Service/Dispute Settlement
11.1 Please contact us if you have any questions, problems, or complaints. We can be reached Monday through Thursday between 08:00 and 18h00 and Fridays between 08:00 and 16:00 at: Telephone: + 372 661 6354, E-mail: email@example.com
11.2 Online Dispute Resolution: The European Commission provides a platform for online dispute resolution, which is accessible at http://ec.europa.eu/consumers/odr/.
GROHE will not participate in a dispute settlement procedure before a consumer conciliation body.
§ 12 Applicable Law, Legal Venue
12.1 This agreement is subject to the laws of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
12.2 For customers who are entering into the contract for a purpose that cannot be ascribed to their professional or commercial activity (consumers), this election of applicable law shall not affect the compulsory provisions of the law of the country in which the Customer normally resides.
12.3 For all disputes arising from this contractual relationship, if the ordering party is a salesperson, a corporate body under public law, or a special fund under public law, the legal venue shall be Düsseldorf.
§ 13 Miscellaneous Provisions
13.1 The contract language is english.
13.2 In the event one or more of the provisions of these GCTC are ineffective, such shall not affect the effectiveness of the remaining provisions. In cases where the provisions are ineffective, the content of the contract shall be applied as specified under current law.