Terms and Conditions
General terms and conditions of business
1. Scope
The following terms and conditions apply to all orders placed via our online shop by consumers and businesses.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. A business is a natural or legal person or a legally capable partnership that, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.
The following applies to business customers: If the business customer uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they will only become part of the contract if we have expressly agreed to them.
2. Contracting parties, conclusion of contract, correction options
The purchase agreement is concluded with Graefer Trading GmbH.
The presentation of products in our online shop does not constitute a legally binding offer, but rather a non-binding online catalog. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained in the ordering process. By clicking the order button, you submit a binding offer for the goods contained in your shopping cart. We reserve the right to accept or reject your offer. Confirmation of receipt of your order will be sent by email immediately after you submit it. This confirmation of receipt does not yet constitute a contract.
A contract is formed as soon as we accept the offer. We usually accept your offer within 2 days by
- we will submit a declaration of acceptance in a separate email or
- The payment transaction may be processed by our service provider or the selected payment service provider. The processing time of the payment transaction depends on the selected payment method (see "Payment").
- the item is handed over to a shipping partner and shipped.
The alternative that is relevant for you depends on which of the listed events occurs first.
We will only send you a written order confirmation upon your request.
3. Contract language
The language available for concluding the contract: German
4. Delivery conditions
The shipping times stated on the website are merely estimates that are realistic under normal circumstances. We do not guarantee that the goods will arrive within the stated timeframe.
We have no control over the exact time of arrival at your address. Should you require delivery at a specific time, this requires separate arrangement and will incur additional costs.
In the event of default of acceptance or breach of the customer's duty to cooperate, we reserve the right to invoice the customer for any additional expenses or financial damage incurred.
You have the option of collecting your order from Graefer Trading GmbH, Am Selder 39, 47906 Kempen, Germany, by prior arrangement, during the following business hours: Mon. - Fri.: 08:00-16:30.
5. Return shipment
We only accept returns of items if they are in their original condition.Original condition means that every returned item must be in the same condition in which you received it. This excludes normal inspections, such as those that would be possible in a physical store.
You are only liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
In case of pre-existing damage, the customer is obliged to document this and to pack the item securely to prevent transport damage.
The customer bears the costs of the return shipment.
6. Payment
All prices are gross prices and include VAT.
The following payment methods are generally available in our shop:
prepayment
If you select prepayment as your payment method, we will send you our bank details in a separate email and deliver the goods after receipt of payment.
credit card
During the ordering process, you will enter your credit card details. Your card will be charged immediately after you submit your order.
SEPA Direct Debit Scheme
By placing your order, you are granting us a SEPA direct debit mandate. We will inform you of the debit date at least one banking day in advance (so-called pre-notification). A banking day is any working day excluding Saturdays, national public holidays, and December 24th and 31st of each year. Your account will be debited before the goods are shipped.
PayPal
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.ATo pay via PayPal (22-24 Boulevard Royal, L-2449 Luxembourg), you must be registered with PayPal, log in with your credentials, and confirm the payment. The payment transaction will be processed by PayPal immediately after you place your order. Further instructions will be provided during the checkout process.
PayPal may offer additional payment options to registered PayPal customers selected according to its own criteria within their customer account. However, we have no influence over the availability of these options; any further individually offered payment methods will affect your legal relationship with PayPal. You can find more information about this in your PayPal account.
Google Pay
To pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have activated the Google Pay function, authenticate yourself with your login details, and confirm the payment instruction. The payment transaction will be processed immediately after you place your order. You will receive further instructions during the ordering process.
Apple Pay
To pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay function, authenticate yourself with your login credentials, and confirm the payment instruction. The payment transaction will be processed immediately after you place your order. You will receive further instructions during the ordering process.
giropay/paydirekt
In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M ("giropay" or "paydirekt") we offer the payment methods giropay and paydirekt.
giropay
To pay the invoice amount via giropay, you must have a bank account enabled for online banking, authenticate yourself accordingly, and confirm the payment instruction. Your account will be debited immediately after placing your order. You will receive further instructions during the ordering process.
paydirekt
In order to pay the invoice amount via paydirekt, you must have a bank account enabled for online banking, be registered with paydirekt, authenticate yourself with your access data and confirm the payment instruction.
Cash on pickup
You pay the invoice amount in cash upon collection.
7. Right of withdrawal
Consumers have the statutory right of withdrawal as described in the cancellation policy. Businesses are not granted a voluntary right of withdrawal.
8. Force Majeure
Graefer Trading GmbH is not liable in cases of force majeure. This includes all unforeseeable events as well as events that – even if foreseeable – are beyond the control of the parties. This includes, but is not limited to, the following events:
Natural disasters such as floods, storm surges, hurricanes and typhoons, as well as other severe weather events of a catastrophic magnitude, earthquakes, lightning strikes, avalanches and landslides, fires, epidemics, pandemics, epidemics and infectious diseases (provided that such a thing has been declared by the WHO or a ministry, or a level of danger of at least "moderate" has been determined by the Robert Koch Institute), war or war-like conditions, riot, revolution, military or civilian coup, insurrection, blockades, official and governmental orders, strikes, lockouts.
If such an event of force majeure occurs, the affected contractual partner is obliged to inform the other contractual partner immediately, at the latest within 14 days of becoming aware of it, in text form about the occurrence of the event and the consequences of its impairment of performance.
In this case, Graefer Trading GmbH is entitled to extend its delivery dates and deadlines depending on the extent and duration of the force majeure event and its consequences, without granting the buyer a right to withdraw from the contract or claim damages. Graefer Trading GmbH will not be in default for the period of the justified extension of the delivery dates and deadlines.
Both we as the seller and you as the buyer are obliged to do everything within our power and reasonable to mitigate damages.
If the interruption caused by an event of force majeure lasts longer than 2 months, Graefer Trading GmbH is entitled to terminate the contract in whole or in part without the buyer being able to derive any claims for compensation therefrom.
9. Retention of title
The goods remain our property until full payment is received.
For businesses, the following applies in addition: We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you hereby assign to us in advance all claims arising from this resale – irrespective of whether the goods subject to retention of title are combined or mixed with other goods – up to the amount of the invoice, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect the claims ourselves if you fail to meet your payment obligations.We will release the collateral to which we are entitled at your request to the extent that the realizable value of the collateral exceeds the value of the outstanding claims by more than 10%.
10. Transport damage
For consumers: If goods are delivered with obvious transport damage, please report such defects to the delivery person as soon as possible and contact us immediately. Failure to report the damage or contact us will not affect your statutory rights and their enforcement, in particular your warranty rights. However, your cooperation helps us to assert our own claims against the carrier or transport insurance company.
For entrepreneurs, the following applies: The risk of accidental loss and accidental deterioration passes to you as soon as we have handed the goods over to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.
11. Warranty and Guarantees
11.1 Warranty law
Unless expressly agreed otherwise below, the statutory warranty rights apply.
The following limitations and reductions of time limits do not apply to claims based on damages caused by us, our legal representatives or agents.
- in case of injury to life, body or health
- in the case of intentional or grossly negligent breach of duty as well as fraudulent intent
- in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
- within the framework of a guarantee promise, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
Restrictions on entrepreneurs
With respect to businesses, only our own specifications and the manufacturer's product descriptions incorporated into the contract constitute an agreement regarding the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising claims. For businesses, the limitation period for claims based on defects in newly manufactured goods is one year from the transfer of risk.
The statutory limitation periods for the right of recourse under Section 445a of the German Civil Code (BGB) remain unaffected.
Regulations concerning merchants
Merchants are subject to the duty to inspect and give notice of defects as stipulated in Section 377 of the German Commercial Code (HGB). If you fail to give the required notice, the goods are deemed accepted, unless the defect was not discoverable upon inspection. This does not apply if we have fraudulently concealed a defect.
To explain Section 377 of the German Commercial Code (HGB) in more detail, the following provisions apply:
- Visible transport damage, including damage to the packaging, must be reported to the carrier upon receipt of the goods. The shipping documents must not be signed without noting any existing transport damage. Graefer Trading GmbH must be informed immediately, at the latest on the next working day.
- Any defects that can be detected during a proper inspection in the normal course of business must be reported within 7 days of delivery.
- Hidden defects, i.e., defects that are not detectable during a proper inspection in the normal course of business, must be reported within 7 days of discovery, but within the warranty period.
Claims can only be made after the customer has put the goods into operation if the defects were only apparent after commissioning. Any complaint must be submitted in writing and include the product name, order number, serial number, date of purchase, a detailed description, and photos of the defect. To meet the deadline, it is sufficient to send the notice of defects in a timely manner. In case of disputes, the customer bears the burden of proof for receipt of the notice of defects.
11.2 Guarantees
Information on any applicable additional warranties and their exact terms can be found with the product and on special information pages in the online shop.
Manufacturer warranties must be handled directly with the manufacturer.
12. Warranty
Provided that the customer has duly fulfilled his obligations in accordance with Section 7 and the delivered goods have a material or legal defect, the relevant provisions of the German Civil Code (BGB) shall apply, unless otherwise specified below.
The decisive point in time for the existence of a defect is the point at which the risk passes to the customer. Warranty claims for defects that only become apparent after the transfer of risk exist only if the buyer can prove that the cause already existed at the time of the transfer of risk.
Normal wear and tear, as well as improper use of the goods, do not constitute a defect.
Also excluded from the warranty are damages resulting from improper care and maintenance. Unless otherwise stated in the operating instructions, the item must be cleaned of dust and dirt after each use. Additionally, moving parts and chains are excluded. & Clean and service engines after each use.
Cleaning equipment (sweepers and scrubber-dryers) must be used at walking speed (5-7 km/h) during cleaning operations, even if driving would allow a higher speed.
For all devices (especially power generators), the maintenance schedule according to the operating instructions must be followed precisely in order to avoid losing warranty claims.
13. Liability
For claims arising from damages caused by us, our legal representatives or agents, our liability is always limited or governed by the statutory provisions:
- in case of injury to life, body or health,
- in the case of intentional or grossly negligent breach of duty,
- in the case of warranty promises, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on which the contractual partner may regularly rely (cardinal obligations), due to slight negligence on the part of us, our legal representatives or vicarious agents, our liability is limited to the amount of the foreseeable damage that typically arises at the time of conclusion of the contract.
Furthermore, claims for damages are excluded.
14.Code of conduct
We have committed ourselves to the following codes of conduct:
15. Settlement of disputes
The European Commission provides a platform for online dispute resolution (ODR), which you can use to... here We are prepared to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.
The Federal Universal Arbitration Board at the Centre for Arbitration is responsible. e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de.
16. Use customer data as a reference
By accepting the purchase agreement, the customer declares that GRAEFER Trading may use the customer's name as a reference customer free of charge and may also use the customer's logo for this purpose (u.U. in a color-modified form) on the website of graefer-trading.de The customer may integrate and link to the website. This permission is valid indefinitely until revoked by the customer. Should the customer subsequently object to the use of the company data in writing, the company data will be removed from the website within a maximum period of one month.
17. Final Provisions
Should individual provisions of these General Terms and Conditions (GTC) be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a legally permissible provision that most closely approximates the economic purpose of the invalid provision.
The customer may not assign claims against us to third parties without our consent.
If the customer is a merchant, a legal entity under public law, or a special fund under public law, our place of business shall be the exclusive place of jurisdiction for all disputes arising from or in connection with this contractual relationship. Information on data protection and the processing of personal data can be found in our privacy policy.
If you are an entrepreneur, then German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
Any agreements beyond these terms and conditions must be in writing. This also applies to any waiver of the written form requirement.
Terms and Conditions created with the Trusted Shops Legal text writer