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 entrepreneurs.

A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they will only become part of the contract if we have expressly agreed to this.

2. Contracting parties, conclusion of contract, correction options

The purchase contract is concluded with Graefer Trading GmbH.

The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. By clicking the order button, you make a binding offer for the goods contained in the shopping cart. We reserve the right to accept the offer. Confirmation of receipt of your order will be sent by email immediately after the order has been submitted. The confirmation of receipt does not constitute the conclusion of a contract.

A contract is concluded as soon as we accept the offer. We usually accept your offer within 2 days by

• we submit a declaration of acceptance in a separate email or
• if applicable, the payment transaction is carried out by our service provider or the selected payment service provider. The time at which the payment transaction is carried out depends on the payment method selected (see “Payment”).
• the item is handed over to a shipping partner and shipped.

The alternative that is relevant to you depends on which of the events listed occurs first.

We will only send you a written order confirmation upon your request.

3. Contract language

The language available for the conclusion of the contract: German

4. Delivery conditions

The delivery times stated on the website are only estimates that are realistic under normal circumstances. We do not guarantee that the goods will reach you within the stated time frame.

We have no influence on the exact time of arrival. If you would like delivery at a specific time, this requires a separate agreement and is subject to additional costs.

In case of delay in acceptance or breach of the customer's duty to cooperate, we reserve the right to invoice the customer for any additional costs or financial damage incurred.  

By prior arrangement, you have the option of picking up your order from Graefer Trading GmbH, Am Selder 39, 47906 Kempen, Germany during the following business hours: Mon. - Fri.: 8:00 a.m. - 4:30 p.m.

5. Return shipment

We will only accept returns of items if they are in their original condition. Original condition means that any item returned must be in the same condition in which you received it.

In case of previous damage, the customer is obliged to document this and to package the item securely so that no transport damage occurs.

The customer bears the costs of return shipment.

6. Payment

All prices are gross prices and include VAT.

In our shop you can generally use the following payment methods:

Payment in advance
If you choose to pay in advance, we will send you our bank details in a separate email and deliver the goods after receipt of payment.

Credit card
You provide your credit card details during the ordering process. Your card will be charged immediately after you place your order.

SEPA direct debit
When you place your order, you give us a SEPA direct debit mandate. We will inform you of the date on which your account will be debited at least one banking day in advance (so-called prenotification). A banking day is every working day with the exception of Saturdays, federal public holidays and December 24th and 31st of each year. Your account will be debited before the goods are dispatched.

PayPal
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further information during the ordering process.

PayPal can offer registered PayPal customers, selected according to its own criteria, additional payment methods in the customer account. However, we have no influence on the offering of these methods; other individually offered payment methods affect your legal relationship with PayPal. You can find further information on this in your PayPal account.

Google Pay
In order 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, identify yourself with your access data and confirm the payment instruction. The payment transaction will be carried out immediately after the order has been placed. You will receive further information during the ordering process.

Apple Pay
In order 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 data and confirm the payment instruction. The payment transaction will be carried out immediately after the order has been placed. You will receive further information 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
In order to pay the invoice amount via giropay, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment order. Your account will be debited immediately after the order has been placed. You will receive further information during the ordering process.

paydirect
In order to pay the invoice amount via paydirekt, you must have a bank account activated for online banking, be registered with paydirekt, identify 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 to cancel as described in the cancellation policy. Businesses are not granted a voluntary right of cancellation.

8. Force Majeure

Graefer Trading GmbH is not liable in cases of force majeure. This includes all unforeseeable events and events that – to the extent that they could have been foreseen – are outside the sphere of influence of the parties. This includes in particular, but not exclusively, the following events:

Natural disasters such as floods, storm surges, hurricanes and typhoons as well as other severe weather of catastrophic proportions, earthquakes, lightning strikes, avalanches and landslides, fires, epidemics, pandemics, epidemics and infectious diseases (insofar as such has been declared by the WHO or a ministry or a danger level of at least "moderate" has been determined by the Robert Koch Institute), war or warlike conditions, riots, revolution, military or civil coups, uprisings, blockades, authorities and government orders, strikes, lockouts.

If such an event of force majeure occurs, the contracting party affected is obliged to inform the other contracting party immediately, at the latest within 14 days of becoming aware of it, in writing 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 the buyer being granted a right to withdraw from the contract or a claim for 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 seller and you as buyer are obliged to do everything in their power and reasonable to minimize damage.

If the interruption due to 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 from this.

9. Retention of title

The goods remain our property until full payment.
The following also applies to entrepreneurs: We retain title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

10. Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and contact us immediately. Failure to complain or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the freight carrier or transport insurance.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment.

11. Warranty and guarantees

11.1 Liability for defects

Unless expressly agreed otherwise below, the statutory liability for defects applies.

The following restrictions and shortening of time limits do not apply to claims based on damages caused by us, our legal representatives or vicarious agents

• in case of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty or malice
• in the event of a breach of essential contractual obligations, the fulfilment of which is essential 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 open.

Restrictions on entrepreneurs

In relation to businesses, only our own information and the manufacturer's product descriptions that have been included in the contract are deemed to be an agreement regarding the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements. For businesses, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk.

The statutory limitation periods for the recourse claim according to Section 445a BGB remain unaffected.

Regulations for merchants

Among merchants, the obligation to inspect and give notice of defects as set out in Section 377 of the German Commercial Code applies. If you fail to give notice as set out there, the goods are deemed to have been approved, unless the defect was not apparent during the 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 transport person upon receipt of the goods. The shipping documents may not be signed without reference to existing transport damage. Graefer Trading GmbH must be informed immediately, at the latest on the next working day.
• Obvious defects, i.e. defects that can be identified 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.

After the customer has put the goods into operation, claims can only be made if they are only apparent after commissioning. A complaint must be made in writing and must include the product name, order number, serial number, date of purchase, as well as a detailed description and photos of the defect. In order to meet the deadline, it is sufficient to send the notification of defects in good time. In the event of a dispute, the customer bears the burden of proof of receipt of the notification of defects.

11.2 Warranties

Information on any additional guarantees that may apply and their exact terms and conditions can be found on the product itself and on special information pages in the online store.

Manufacturer warranties must be handled by the manufacturer.

12. Warranty

If the customer has properly fulfilled his obligations according to 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 material defect is the point in time at which the risk is transferred to the customer. Warranty claims for defects that only become apparent after the transfer of risk only exist if the buyer can prove that the cause already existed at the time of the transfer of risk.

Usual wear and tear as well as improper use of the goods do not constitute a material defect.

Also excluded from the warranty are damages caused by improper care and maintenance. Unless otherwise stated in the operating instructions, the item must be cleaned of dust and dirt after each use. In addition, moving parts, chains and motors must be cleaned and serviced after each use.

Cleaning equipment (sweepers and scrubber-driers) must be used at walking speed (5-7 km/h) when cleaning, even if driving would allow a higher speed.

For all devices (especially power generators), the maintenance schedule according to the operating instructions must be strictly followed in order not to lose any warranty claims.

When returning an item due to stated

13. Liability

For claims based on damages caused by us, our legal representatives or vicarious agents, our liability is always limited or in accordance with the statutory provisions:

• in case of injury to life, body or health,
• in the event of intentional or grossly negligent breach of duty,
• in the case of guarantee promises, if agreed, or
• insofar as the scope of application of the Product Liability Act is open.

In the event of a breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, the liability is limited to the amount of damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

14. Code of Conduct

We have subjected ourselves to the following codes of conduct:

• Trusted Shops ( https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf )

15. Dispute settlement

The European Commission provides a platform for online dispute resolution (ODR), which you can find here . We are prepared to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.
The responsible body is the Federal Universal Arbitration Board at the Center for Arbitration eV, Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de .

16. Final provisions

Should individual provisions of these General Terms and Conditions (GTC) be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a legally permissible provision that comes closest to 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 is agreed as 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, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

Any other agreements that go beyond these General Terms and Conditions must be agreed in writing. This also applies to any waiver of the written form requirement.

Terms and conditions created with the Trusted Shops legal text generator