[This text is provided for informational purposes only. Please note that the English translation of the German original Allgemeine Geschäftsbedingungen des GROH-Design-Onlineshops is a courtesy translation only. The German version shall be legally binding.]
1.Scope: All deliveries of goods and services ordered through GROH-Design-Onlineshop (henceforth ‘onlineshop’) under the URL www.groh-design.com, are subject to these General Terms and Conditions stipulated by the contract partner; Groh Verlag Gmbh, Kleinfeldstraße 4, 82110 Germering, GERMANY, Tel.: +49 (0) 89 622336-0, FAX: +49 (0) 89 622336-77, e-mail: firstname.lastname@example.org, represented by managing director Joachim GROH (henceforth ‘GROH’). Different terms for customers are only valid in exceptional circumstances which have been recognised by GROH explicitly and in writing.
2. Contract completion: The presentation of the products in the online shop is not representative of any legal binding offer, rather it represents an invitation to make an order. By ordering a product and clicking the button “Zahlungspflichtig bestellen” you agree to a binding offer by purchasing the product in the shopping
basket. Before delivery the customer may amend and view the details of the order. GROH will conform receipt of the customer’s order immediately via e-mail. This automatically generated acknowledgement, which states the customer’s order and which can be printed by the customer via the “Print” function, is not
representative of the offer made by the individual placing the order. The contract with GROH will be sent as a separate e-mail order confirmation.
3. Delivery area, delivery companies and delivery time: GROH delivers to any address world-wide via a parcel delivery service or book consignment. Regarding the delivery of goods ordered through the onlineshop, GROH will commission the company Stein’sche Buchhandlung GmbH, Steinerstraße 10, 5947, Werl, GERMANY, Tel.: +49 2922 958900. Except wall objects (Wallspiration AD and Wallspiration Poly; henceforth “wall objects”) ordered through the onlineshop: Wall objects will be delivered by the relevant producers which are commissioned by GROH. The product will be delivered to the customer within the delivery times stated on the website of the offer. Should no delivery times be indicated on the offer’s website, the products will be delivered within 15 days. The delivery time begins, prior to payment of the price of purchase (except for invoice purchases), on the day that we accept the customer’s offer in acc. Number 2 (i.e. on the day that the purchase contract arises).
4. Billing, Quotes: Unless GROH, upon reaching a contractual agreement with the customer ascertains and saves their e-mail or the customer creates a profile with GROH, the customer agrees that GROH will invoice the customer via e-mail. The prices indicated by GROH include VAT (‘gesetzlichen Umsatzsteuer’) and any
other additional costs. Should the order incur additional costs to the shipping and delivery costs, these will be clearly specified again on the product page, in the shopping basket and on the order page.
5. Methods of payment: The customer can pay via credit card (MasterCard & Visa), Paypal, giropay or advance payment. In the case of advance payments, GROH will provide the customer with the relevant bank transfer details in the order confirmation. The purchasing price must be paid upon completion of the contract. If a calendar date and time
for payment has been specified, the customer will be in default without reminder should they fail to pay at that specified time. In this case, they must pay a default interest to the amount of 5 percent of the base rate. The customer’s obligation to pay interest on arrears does not rescind the validity of further delay damages
charged by GROH.
6. Retention of ownership: All delivery items shall remain the property of GROH until full payment has been recieved.
7. Right of revocation / Widerrufsrecht
7.1 Consumers have a 14-day right of revocation
Notice of revocation
Right of revocation
You are entitled to withdraw from the contract without any given reason within a period of 14 days.
The revocation period is 14 days from the day,
a) that you or a third party elected by you which is not the carrier, have taken possession of the products and/or if you have one or more products, ordered within the scope of a single order and the products are being delivered separately;
b) that you or a third party elected by you has taken possession of the last product and/or the products within the scope of a single order have been ordered and the products are being delivered separately;
c) that you or a third party elected by you which is not the carrier, have taken possession of the last part of an order or have taken possession of the last item, when you have ordered a product which is being delivered in parts or pieces.
Should further or aforementioned alternatives exist, the revocation period begins when you or a third party elected by you which is not the carrier has taken possession of the last product or last part of a delivery and/ or the last item.
To exercise your right to revocation you must, send an explicit declaration (for example a postal letter, a fax or e-mail) notify of your withdrawal from this contract to the following address
GROH Verlag GmbH,
Tel.: +49 (0) 89 622336-0,
FAX: +49 (0) 89 622336-77,
Although it is not mandatory, you may use the template form provided.
For compliance with the period of revocation, it is sufficient that you have sent your notice concerning your exercising of the right of revocation before the revocation period has lapsed.
Consequences of revocation
If you withdraw from the contract, we are obliged to refund all payments we have received from you, including delivery costs (with the exception of additional costs arising from choosing a different method of delivery than the cheapest standard delivery offered by us) within 14 days that we received the message informing us of your intention to withdraw from the contract. For repayments, we will use the same payment method with which the original transaction was initiated, unless both parties agree on a different payment method. Under no circumstances will refund fees be added. We reserve the right to withhold refunds until we are in possession of the products, or until we receive proof that the products have been dispatched -
depending on which we receive first.
In any case, you are required to send or return the products to us (Groh Verlag GmbH, Kleinfeldstraße 4, 82110 Germering, Tel.: +49 (0) 89 622336-0, FAX: +49 (0) 89 622336-77, e-mail: email@example.com) within 14 days of your notification of your intention to withdraw. The revocation period is preserved if you send the products before the 14 day period has lapsed. You are liable to pay the delivery costs to return the products. You only need to pay for any diminished value of the goods, if this value loss is necessary to ascertain the quality, characteristics and function of the product beyond the necessary extent.
Exclusion of right of revocation
The right of revocation does not apply to contracts for the delivery of goods which are prefabricated and required an individual selection or stipulation by the consumer in their manufacture or was personally manufactured to the needs of the consumer.
End of notice of revocation
7.2 We wish to emphasise that the cost of return a product from overseas is significantly higher than the cost of returning a product from within Germany.
8. Defects: The statutory warranty (Mängelhaftungsrecht) applies to GROH’s products. Only for businesses: Should the delivered product be intended for commercial or independent ventures rather than personal use, warranty claims may only be made within a period of one year following the delivery.
9. Liability: GROH is absolutely liable for statutory no-fault liability, likewise for personal injury (loss of life, bodily injury or damage to health). GROH is also absolutely liable for intent and gross negligence. In cases of slight negligence, GROH is only liable for breaches of cardinal obligation. Under cardinal obligations such obligations are to be understood , to be granted to the purchaser for meaning and purpose of the specific contract or whose fulfilment enables the proper execution of the contract and on whose compliance the buyer relies. In these cases GROH is not liable for indirect and unforeseeable damages, for consequential
damages, for loss of profits as well as lost savings. Furthermore, GROH is not liable for simple negligence. These terms are also valid for GROH’s legal representatives, employees, staff and vicarious agents. The
following is valid only for businesses: Should GROH be in breach cardinal obligations or be liable for simple negligent behaviour, compensation is limited to three times the gross invoice amount in damages from delivery or services.
10. Data storage: GROH will only save the customer’s details until the order contract is settled and in accordance with German federal data protection laws (Bundesdatenschutzgesetzes) as well as for tax and trade law archive reasons. GROH may share these details with the appropriate delivery companies
(Stein’sche Buchhandlung GmbH or the manufacturer of the ordered wall objects) or with other delivery companies contracted by GROH. For more information, please see GROH’s data privacy statement (Datenschutzerklärung).
11. Contract text: The contract text will not be stored or saved for the customer and will no longer be available to view on the GROH website www.groh-design.com after the contract is completed. General terms and conditions can be viewed by the customer at any time. The details of the order and the general terms and conditions will also be sent to the customer via e-mail. Upon completion of the order, the
customer’s details will no longer be available online due to security reasons.
12. Applicable law / Court of jurisdiction: Disputes outside of the scope of the contract will fall within the jurisdiction of Federal German Law (Recht der Bundesrepublik Deutschland). The UN decisions regarding purchasing rights are not applicable. Disputes between buyers and GROH will take place in Munich as the place of justice.