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 commercial nor independent professional. An entrepreneur is a natural or legal person, or a partnership with legal capacity, who, when entering into 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 them.
2. Contracting parties, conclusion of contract, correction options
The purchase contract is concluded with Graefer Trading GmbH.
The presentation of products in the 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 during the ordering process. By clicking the order button, you submit a binding offer for the goods contained in the shopping cart. We reserve the right to accept the order. Confirmation of receipt of your order will be sent by email immediately after you submit the order. This 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 will be 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 selected payment method (see "Payment").
- the item is handed over to a shipping partner and sent.
The alternative that is relevant to 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 the conclusion of the contract: German
4. Delivery conditions
The shipping times listed on the website are only estimates that are realistic under normal circumstances. We do not guarantee that the goods will arrive within the stated timeframe.
We have no influence on the exact time of arrival. If you require delivery at a specific time, this requires a separate arrangement and will incur additional costs.
In the event 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 losses 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 only accept returns of items if they are in their original condition.Original condition means that any returned item 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 pack the item securely to prevent transport damage.
The customer bears the costs of return.
6. Payment
All prices are gross prices and include VAT.
In our shop you can generally use the following payment methods:
Prepayment
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
During the ordering process, you enter your credit card details. Your card will be charged immediately after you place your order.
SEPA direct debit
By placing your order, you grant us a SEPA direct debit mandate. We will notify you of the debit date at least one banking day in advance (so-called prenotification). A banking day is every working day, except Saturdays, federal 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 rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your login details, and confirm the payment order. The payment transaction will be processed by PayPal immediately after you place your order. Further information will be provided during the ordering process.
PayPal may offer additional payment methods in the customer account to registered PayPal customers selected according to its own criteria. However, we have no influence on the availability of these methods; additional individually offered payment methods affect your legal relationship with PayPal. Further information on this can be found 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 placing the order. Further information will be provided 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 feature, authenticate yourself with your login details, and confirm the payment instruction. The payment transaction will be processed immediately after placing the order. Further information will be provided during the ordering process.
giropay / paydirekt
In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main ("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 activated for online banking, verify your identity, and confirm the payment order. Your account will be debited immediately after placing your order. Further information will be provided during the ordering process.
paydirekt
In order to pay the invoice amount via paydirekt, you must have a bank account activated 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 are entitled to 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 and events that – to the extent they could have been foreseen – are beyond the control of the parties. This includes, in particular, 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 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, insurrection, 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, and 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 a claim for damages. Graefer Trading GmbH shall 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 in their power and reasonable to mitigate damages.
If the interruption due to an event of force majeure lasts longer than two 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.
9. Retention of title
The goods remain our property until full payment has been made.
The following applies additionally to entrepreneurs: We retain title to the goods until all claims arising 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; however, we may also collect claims ourselves if you fail to 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 report such defects to the delivery person as soon as possible and contact us immediately. Failure to file a complaint or contact us will have no consequences for your statutory rights and their enforcement, in particular your warranty rights. However, you will help us assert our own claims against the freight carrier or transport insurance.
For entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have handed over the item to the freight forwarder, carrier or other person or institution 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 shall apply.
The following limitations 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 and fraudulent intent
- 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
For businesses, only our own information and the manufacturer's product descriptions included in the contract are deemed to be an agreement regarding the quality of the goods. We assume 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 goods is one year from the transfer of risk.
The statutory limitation periods for the right of recourse pursuant to Section 445a of the German Civil Code (BGB) remain unaffected.
Regulations for merchants
Merchants are subject to the obligation to inspect and notify defects stipulated in Section 377 of the German Commercial Code (HGB). If you fail to provide the notification stipulated therein, the goods shall be deemed accepted, unless the defect was not detectable during 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 freight documents may not be signed without indicating any transport damage. Graefer Trading GmbH must be notified immediately, no later than the next business day.
- 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.
After the customer has put the product into operation, claims can only be asserted if they are only apparent after commissioning. Complaints must be made in writing and include the product name, order number, serial number, purchase date, as well as a detailed description and photos of the defect. To meet the deadline, it is sufficient to submit the notification of defects in a timely manner. In the event of a dispute, the customer bears the burden of proof of receipt of the notification of defects.
11.2 Guarantees
Information on any additional warranties that may apply and their exact terms and conditions can be found with the product and on special information pages in the online shop.
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 determining 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.
Normal 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 instruction manual, the product 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 is essential for the proper execution of the contract 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, liability is limited to the damage foreseeable at the time the contract was concluded and which must typically be expected to occur.
Otherwise, claims for damages are excluded.
14. Code of Conduct
We have submitted ourselves to the following codes of conduct:
15.dispute settlement
The European Commission provides a platform for online dispute resolution (ODR), which you here We are willing to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.
The Federal Universal Arbitration Board at the Center for Arbitration eV, Straßburger Straße 8, 77694 Kehl am Rhein, is responsible. 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 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 registered office 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, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
Any other agreements that go beyond these 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 copywriter