General Terms and Conditions of Business & CANCELLATION INFORMATION
1. General, clientele, language
(1) All offers, sales contracts, deliveries and services based on orders placed by our customers via our website www.grillwerk.eu (hereinafter the “Web Shop”) are subject to these General Terms and Conditions.
(2) The range of products offered in our web shop is aimed equally at consumers and entrepreneurs, but only at end users. For the purposes of these General Terms and Conditions of Business, (i) a consumer is any natural person who concludes the contract for a purpose that cannot be attributed to his commercial or self-employed professional activity (§ 13 of the German Civil Code – BGB) and (ii) an “entrepreneur” is a natural or legal person or a partnership with legal capacity who is acting in the exercise of his commercial or self-employed professional activity when concluding the contract (§ 14 para. 1 BGB).
(3) General terms and conditions of the customer shall not apply, even if we do not separately object to their validity in individual cases.
2. Conclusion of contract
(1) Our offers in the web shop are not binding.
(2) When placing an order, the customer makes an offer to purchase the goods mentioned by clicking on the “Buy Now” field after correctly filling in the correct part of the order form.
The offer shall only be deemed to have been accepted by us as soon as we declare acceptance to the customer by e-mail or otherwise or send the goods. The purchase contract with the customer is only concluded with our acceptance.
3. Information on cancellation for distance selling contracts
Right of withdrawal: You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods.
In order to exercise your right of withdrawal, you must notify us, the
Grillwerk GmbH & Co KG
by means of a clear statement (e.g. a letter, fax or e-mail sent by post) about your decision to revoke this contract. You may use the attached model revocation form, which is not mandatory. In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation: If you revoke this contract, we shall reimburse you for all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive the notification of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to make any refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You shall bear the direct costs of the return of the goods.
Exclusion of the right of revocation: The right of revocation does not apply to distance selling contracts with entrepreneurs and in the cases of § 312g para. 2, 3 BGB.
4. Prices and payment
(1) For deliveries and services within the Federal Republic of Germany, our prices include the statutory value added tax and, where indicated, the shipping costs. Costs for shipping abroad, customs duties and similar charges shall be borne by the customer. Each order for delivery abroad is therefore not possible automatically, but must be placed by email, fax or telephone.
(2) Unless expressly agreed otherwise, we only deliver against advance payment and against invoice, which is sent by e-mail and may also be included in our acceptance.
(3) Our invoices are due for payment immediately after receipt.
(4) Please make payments in accordance with the payment terms of the web shop or by bank transfer to our account:
Grillwerk GmbH & Co KG
Account number 310527700
Commerzbank Frankfurt am Main
SORT CODE 500 400 00
IBAN EN11 5004 0000 0310 5277 00
(5) The customer has no right of set-off or retention, unless the counterclaim is undisputed or has been legally established
5. Dispatch of the goods
(1) We will dispatch the goods to the customer as quickly as possible within the agreed delivery periods, but not before receipt of the full purchase price. The purchase price shall also be deemed to have been received if it is received by a partner used by us as a payment service provider.
(2) If the goods cannot be delivered within the regular delivery period, we shall notify the customer immediately. If the goods are not available in the foreseeable future, we shall be entitled to withdraw from the purchase contract. In the event of withdrawal, we shall immediately reimburse the customer for any payments made to us. The legal rights of the customer due to delay in delivery shall not be affected by the above provision, whereby the customer may only claim damages in accordance with the special provisions of Section 9 of these General Terms and Conditions.
(3) We shall be entitled to make partial deliveries of separately usable products included in an order, whereby we shall bear the additional shipping costs incurred as a result.
6. Shipping, insurance and transfer of risk
(1) Unless expressly agreed otherwise, we shall determine the appropriate mode of dispatch and the transport company at our reasonable discretion.
(2) We only owe the timely and proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company. A shipping time stated in the web shop is therefore also non-binding in this respect.
(3) If the customer is a consumer, the risk of accidental destruction, accidental damage or accidental loss of the delivered goods shall pass to the customer at the point in time at which the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk shall pass to the customer upon delivery of the goods to the transport company.
(4) We shall insure the goods against the usual transport risks at our expense.
(5) If the goods are bulky goods such as barbecues, they will be delivered to the curb. The prerequisite is that the customer provides a telephone number when ordering and is at home when the goods are delivered.
7. Retention of title
We retain title to the goods delivered by us until the purchase price (including value added tax and shipping costs) for the goods in question has been paid in full.
(1) If the delivered goods have a defect, the customer may initially demand that we remedy the defect or deliver goods free of defects; if the customer is an entrepreneur, we may choose between remedying the defect or delivering goods free of defects. The choice can only be made by notifying the customer in text form (also by e-mail) within three working days after notification of the defect. We can refuse the type of subsequent performance chosen by the customer if this is only possible at disproportionate cost.
(2) If the supplementary performance according to item 8 (1) fails or is unreasonable for the customer or if we refuse the supplementary performance, the customer shall be entitled in each case in accordance with the applicable law to withdraw from the purchase contract, to reduce the purchase price or to claim damages or reimbursement of his futile expenses. In addition, the special provisions of Section 9 of these General Terms and Conditions of Business shall apply to the customer’s claims for damages.
(3) The warranty period for our grills is two years from delivery. In all other respects the statutory warranty rights shall apply.
(4) The following applies only to companies: The customer must carefully examine the goods immediately after delivery. The delivered goods shall be deemed to have been approved by the customer if we are not notified of a defect (i) in the case of obvious defects within five working days of delivery or otherwise (ii) within five working days of the defect being discovered.
(5) We are constantly working on the further development and improvement of our products. We therefore reserve the right to make minor design changes without negative influence on functionality.
(1) In the event of a delay in delivery, our liability for simple negligence shall be limited to an amount of 10% of the respective purchase price (including VAT).
(2) In the case of simple negligence, we shall not be liable (irrespective of the legal grounds) for damages which are not typically to be expected according to the type of the respective order and the goods and in the case of normal use of the goods.
(3) The limitations of this clause 9 shall not apply to our liability for guaranteed characteristics of quality as defined by § 444 BGB, due to injury to life, body or health or according to the German Product Liability Act (Produkthaftungsgesetz).
10. Data protection
(1) We may process and store the data relating to the respective purchase contracts to the extent that this is necessary for the execution and settlement of the purchase contract and as long as we are obliged to store this data due to statutory provisions.
(2) We reserve the right to transmit personal data of the customer to credit agencies, as far as this is necessary for the purpose of a credit check, provided that the customer expressly agrees to this in individual cases. We will also not forward any other personal customer data to third parties without the customer’s expressly declared consent, except where we are legally obliged to disclose data.
(3) We are not permitted to collect, transmit or otherwise process personal data of the customer for purposes other than those mentioned in this clause 10.
11. Applicable law and place of jurisdiction
(1) The purchase contract existing between us and the customer is subject to the laws of the Federal Republic of Germany subject to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) If the customer is a businessman in the sense of § 1 para. 1 of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts in Hamburg shall have exclusive jurisdiction for all disputes arising from or in connection with the contractual relationship concerned. In all other cases, we or the customer may bring an action before any court having jurisdiction based on statutory provisions.