§1 Scope
- These general terms and conditions apply to all business relationships between Grau Magazin – Sebastian Arne GbR (hereinafter graumagazin.com) and its customers, in the version current at the time the contract is concluded.
- Our general terms and conditions apply exclusively. graumagazin.com does not recognise any conflicting or deviating terms of the customer unless graumagazin.com has expressly agreed to their validity in writing in the individual case.
§2 Conclusion of the contract
- Goods are sold only in quantities usual for households. The presentation of the range of graumagazin.com on the website https://store.graumagazin.com does not constitute an offer within the meaning of §§ 145 ff. of the German Civil Code (BGB).
- By sending an order to graumagazin.com by e-mail or via the shop, the customer makes an offer within the meaning of § 145 BGB. The customer receives a confirmation of receipt of the order by e-mail. Where applicable, graumagazin.com will separately inform the customer of possible errors in the information on the range on the website and make a corresponding counter-offer.
- The contract with graumagazin.com is concluded when graumagazin.com accepts this offer. Acceptance is subject to the availability of the ordered goods. A declaration of acceptance by graumagazin.com to the customer is not required; to this extent the customer waives it within the meaning of § 151 sentence 1 BGB. If graumagazin.com cannot accept the customer's offer, the customer will be informed electronically.
- Data is processed for orders placed via the online shop. The processing is necessary for the performance of the purchase contract in accordance with Art. 6 (1) (b) GDPR and takes place at the request of the data subject. The data is not passed on to third parties and can be deleted at the customer's request.
§4 Delivery, shipping costs
- graumagazin.com will deliver the ordered goods promptly to the address given by the customer in the order. graumagazin.com is entitled to make partial deliveries. Delivery is made at the shipping costs shown in each individual case.
- Information on the expected delivery time is non-binding unless graumagazin.com has given the customer a binding commitment in writing in the individual case.
§5 Retention of title
Delivered goods remain the property of graumagazin.com until all claims against the customer have been settled in full.
§6 Due date and payment
- graumagazin.com only accepts the payment methods shown to the customer during the ordering process.
- The purchase price and any order fees and/or shipping costs become due upon conclusion of the contract.
- If the customer is in default, graumagazin.com is entitled to charge default interest of 5 % above the base interest rate announced by the European Central Bank per annum. If a higher damage caused by default can be proven, graumagazin.com is entitled to claim it.
- The customer is only entitled to set-off if their counterclaims have been legally established or acknowledged by graumagazin.com. In addition, the customer may only exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.
- It is not permitted, without the written consent of graumagazin.com, to sell vouchers, to trade with them in any way, or to redeem vouchers bought or acquired at auction from third parties when making a purchase.
§7 Right of withdrawal
- The customer is entitled to withdraw their declaration of intent to conclude the contract without giving reasons within 30 days of receipt of the goods in text form (by letter or e-mail) or by returning the goods to graumagazin.com. The period begins at the earliest upon receipt of this notice, but not before receipt of the goods. Timely dispatch of the withdrawal or the goods is sufficient to meet the withdrawal period. The withdrawal in text form is to be sent to:
Grau Magazin – Sebastian Arne GbR, Julius Sebastian Führ, Germany, e-mail: info@graumagazin.com. The return address for goods is the same. - In the event of an effective withdrawal, the customer is obliged to return the goods received. If the customer cannot return the goods received in whole or in part, or only in a deteriorated condition, the customer must compensate graumagazin.com for the corresponding loss in value in the event of withdrawal. If the customer has already paid the purchase price, graumagazin.com is entitled to deduct the loss in value from the amount to be refunded.
- The customer bears the costs of returning goods unless the goods delivered do not correspond to the goods ordered.
- In return, in the event of an effective withdrawal, graumagazin.com will refund any purchase price already paid to the customer. Any return shipping costs paid by graumagazin.com will be deducted. For payments abroad, transfer fees will also be deducted. Until the goods have been returned in full, graumagazin.com exercises its right of retention.
- The right of withdrawal does not apply to contracts
a. for the supply of newspapers, periodicals and magazines;
b. for the supply of audio or video recordings or software, provided the delivered data carriers have been unsealed by the customer. - If withdrawal and return are excluded, the customer bears the costs of re-sending the goods to them if they return the goods to us.
§8 Liability for defects
- graumagazin.com is liable, in accordance with the statutory provisions, for defects present at the time the goods are handed over, during a warranty period of 24 months.
- The customer will notify graumagazin.com in writing without delay of any defects that occur. If there is a defect for which graumagazin.com is responsible, it will be remedied, at the customer's choice, by repair or replacement.
- If the repair or replacement fails, the customer is entitled, without prejudice to any claims for damages, to withdraw from the contract or to demand a reduction of the purchase price.
§9 Liability
- graumagazin.com is liable without limitation for damage caused intentionally or through gross negligence, for fraudulent concealment of defects, where a quality guarantee has been given, for claims under the German Product Liability Act and for bodily injury.
- For other damage, graumagazin.com is only liable if an obligation is breached whose fulfilment is of particular importance for achieving the purpose of the contract (cardinal obligation), and only if the damage is typical and foreseeable given the contractual use of the goods.
- In such a case, liability is limited to an amount equal to twice the purchase price paid under this contract.
- graumagazin.com is not liable for damage that does not occur to the delivered item itself; in particular not for loss of profit or other financial losses of the customer.
§10 Applicable law
- German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
- If the customer is a merchant, Berlin is the exclusive place of jurisdiction for all claims arising from the business relationship.