General Terms and Conditions

grinera.de
Florian Prensena
Tulpenweg 14
53819 Neunkirchen Seelscheid

Germany

 

- hereinafter referred to as 'grinERA' -

1. General/Scope of application
These General Terms and Conditions shall form the basis of all deliveries and services performed by grinERA. Deviating and/or supplementary agreements shall require grinERA's express written consent. E-mail notification of consent shall be deemed sufficient.

2. Offers and contract
All offers made by grinERA on their websites are non-binding and subject to change. Minor deviations and minor technical changes to our illustrations or descriptions are possible. Color and grain texture in wood  in particular remain subject to variation, as they lie in the nature of the materials used and are common. The contract shall be concluded upon completion of the online order (via grinERA's website) and receipt of the e-mailed order confirmation from grinERA, or upon execution of the order by grinERA.

3. Right of withdrawal
Right of withdrawal instruction: you may cancel your contractual agreement without reason in writing (e. g. letter, fax, e-mail) within two weeks, or by returning the item. The deadline for cancellation begins upon receipt of this instruction in written form, but not before the delivery of goods to the recipient (in case of repeated deliveries of similar goods, not prior to receipt of the first partial delivery).

Important notice:
The right of withdrawal does not apply to distance contracts for the delivery of goods which are either custom-made to customer specifications or clearly tailored to meet personal requirements, or goods which are unsuitable for return due to their composition, or which are apt to suffer spoilage or have reached their expiry date. The right of cancellation shall not apply if you are an entrepreneur under § 14 German Civil Code (BGB) and are engaged in commercial or freelance business activities at the time of the contract's conclusion. Your right to withdrawal shall expire prematurely if we have begun to perform the service (e.g. designing and manufacturing a customised item according to your specific requirements) with your express consent before the end of the deadline for cancellation has commenced, or if you yourself have instigated the service.

The timely dispatch of the cancellation or item shall be deemed sufficient for compliance with the cancellation deadline. The cancellation should be sent to:

grinERA
Florian Prensena
Tulpenweg 14
53819 Neunkirchen Seelscheid

Germany

Fax: +49 2247 9693364
E-mail: service@grinera.de

4. Right of withdrawal instruction
In the case of an effective withdrawal, the services received by both sides should be returned, along with any possible benefits of use (e.g. interest). If you are unable to return the rendered service either in full or in part or only in a deteriorated condition, then you may be liable to pay compensation. In the case of items surrendered, this shall not apply if impairment of the item can be attributed exclusively to its examination, such as may occur in a retail store. However, you can avoid the obligation to compensate for loss through appropriate use of the item in the sense of refraining from using the item as if it is your personal property and avoiding any handling that would reduce its value. Items which can be sent by parcel shipment shall be returned at our risk. You must bear the cost of returns if the delivered goods conform with those ordered and if the price of the item to be returned does not exceed 40 euros, or, in the case of a more expensive item, if you have not yet performed the service in return or any partial payment as contractually agreed at the time of cancellation. Otherwise, goods can be returned by you free-of-charge. Items that are not suitable for consignment by parcel post shall be collected. You must perform the obligations of reimbursing payments within 30 days. For you, the deadline shall commence on the date you send the notice of cancellation or return the item, and for us, upon their receipt.

End of the withdrawal instruction


Irrespective of the legal regulations specified herein, grinERA shall endeavour to find a cost-effective solution to every customer request, even after the right of withdrawal has expired.

5. Prices and terms of payment
The prices indicated on the grinERA website at the time of ordering shall apply. All stated prices are final prices (in euros) and include the current statutory VAT of 19%. Obvious price errors are excepted. Shipping costs shall be charged separately. In transacting customer orders, grinERA shall accept all methods of payment offered on its website. The customer is able to choose his/her preferred payment method. (Possible) additional costs arising from the method of payment (e.g. a cash on delivery charge) shall also be charged separately.

A settlement of mutual claims shall only be permitted with the express written consent of grinERA.

6. Delivery, delivery times and shipping costs
The delivery of goods to the customer shall take place via the third party supplier (delivery services) stated in the ordering process. The buyer shall be notified of the shipping costs prior to placing the shopping basket order. Goods stored in the warehouse shall be dispatched within five working days of receiving the order. For goods not stored in the warehouse, the delivery time shall be approx. 6 - 12 weeks after receiving the order.

7. Non-deliverability due to force majeure
If a particular product cannot be delivered due to force majeure or due to unforeseeable causes, and a replacement is not possible, grinERA is entitled to withdraw from the contract. Of course, we will inform you immediately in such a case. Payments already made will be refunded immediately.

The customer is not entitled to any further compensation.

8. Warranty
Please check the delivery immediately upon receipt of the goods and inform us immediately of any damage or obvious defects. Any obvious transport damage needs to be immediately noted on the waybill. Failing to note this complaint on the waybill, however, has no consequences for your legal rights.

grinERA shall ensure that the purchased goods are free from material and manufacturing defects and also possess the contractually guaranteed qualities at the time of transfer of risk. The statutory warranty period shall apply for two years from the date of issue of the invoice. The warranty shall not cover natural wear and tear or abrasion.

Customer claims for compensation, e.g. due to non-fulfilment; culpa in contrahendo; infringement of secondary contractual obligations; consequential harm caused by defects; damages resulting from unauthorised actions; and other legal grounds are excluded. By way of exception, grinERA shall assume liability for absence of a guaranteed quality and for cases of intent or gross negligence. Claims arising from the Product Liability Act shall not be affected by this.

grinERA shall not be deemed liable for the continuous and uninterrupted availability of www.grinera.de, nor for technical or electronic errors contained in online offers.

9. Default of acceptance
If the customer does not answer the delivery of the message within a grace period or refuses to accept the delivery or explicitly states that he does not want to accept the delivery, grinERA can cancel the contract and claim damages for non-compliance.

The right of grinERA to require compliance remains unaffected.

As compensation for non-acceptance in arrears, the seller can ask for charges of 20% of the net price of the goods plus applicable sales tax. As far as the acceptance delay lasts longer than a month, the buyer has to pay the storage costs. grinERA can turn to a fulfillment service for storage.

10. Retention of title
All deliveries shall be performed under retention of title. The delivered goods shall remain the property of grinERA until the purchase price has been paid in full.

11. Data storage/data protection
Pursuant to §28 BDSG (Federal Data Protection Act), you are advised that data required for business transactions shall be processed and stored in an electronic data processing system in accordance with § 33 BDSG. All personal data collected from the customer shall be treated confidentially. The necessary data shall also be transferred to third parties, albeit solely within the context of order processing (payment, shipping). You are entitled to make an access request at any time, free-of-charge, in respect of the data held on you; for this, send an e-mail to service@grinera.de. For data protection reasons, the mail response may may be limited to the e-mail address provided by grinERA.

12. Place of performance and place of jurisdiction
Place of performance is our business location.

If the buyer is a company and the contract is relevant for the operation of his business, the jurisdiction for all disputes is our business location.

For all legal relations between us and the customers, the sole law applicable to legal relations between domestic parties is the law of the Federal Republic of Germany.

13. Company details

grinERA

Owner: Florian Prensena
Tulpenweg 14
53819 Neunkirchen Seelscheid

Fax: +49 2247 9693363

Tel:  +49 2247 9693364

Email: service@grinera.de
VAT-ID number: DE814246677

14. Severability clause
The invalidity or inefficacy of individual terms within these General Terms and Conditions does not affect the validity of remaining terms. Invalid or ineffective terms shall be replaced by legal regulations.