Terms of service
Terms and Conditions for the GRIMME Landmaschinenfabrik SE & Co. KG Fan Merchandise Shop
- 1 Scope, general information
(1) Subject to any individual arrangements and agreements with you which take precedence over these General Terms and Conditions, the business relationship between you and us shall be governed exclusively by the following General Terms and Conditions; We do not recognise any terms and conditions of yours that conflict with or deviate from these terms and conditions, unless we have expressly agreed to their validity in writing.
(2) ‘Consumer’ within the meaning of these General Terms and Conditions means any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity; see Section 13 of the German Civil Code (BGB).
- 2 Conclusion of the contract
(1) All our offers are non-binding and subject to change, and are merely an invitation to submit a corresponding offer to purchase. You are submitting a binding offer to GRIMME Landmaschinenfabrik SE & Co. KG (hereinafter: GRIMME) once you have completed the online ordering process by entering the details requested there and clicked the ‘Buy’ button in step 5 (Review). As soon as we have received your order, you will first receive an order confirmation, usually by email, confirming that we have received your order and setting out its details (confirmation of receipt). This does not yet constitute acceptance of the order on our part. Once we have received your order, we will review it promptly and let you know within two working days, in an order confirmation, whether we are able to accept your order.
(2) A legally binding contract is only concluded upon our confirmation of the order. The contract relates only to those items listed in the order confirmation. We are not obliged to supply you with any further items you have ordered until we have sent you an order confirmation for those items as well.
(3) The sale of goods via the website “https://fanshop.grimme.com” (hereinafter: “the website”) is operated by GRIMME, whose registered office is at Hunteburger Str. 32, 49401 Damme, Germany, registered in the Commercial Register of the Oldenburg Local Court under HRA 110215, with VAT registration number DE 117770541. You may contact us by telephone on +49 (0) 5491 666-0 or by e-mail at grimme@grimme.de.
- 3 Prices and Terms of delivery
(1) The prices applicable are those in force at the time of ordering. All prices are quoted in euros [€]. All prices include the applicable German statutory value-added tax.
(2) Packaging and postage costs are charged separately and are specified on the order form. These costs are to be borne by you.
(3) Partial performance is permitted if it is reasonable for you in the specific case. Specifically, this means that if:
- the partial services are usable by you within the scope of the contractual purpose,
- the performance of the remainder of the subject matter of the contract is guaranteed within the contractually agreed performance period, and
- this does not result in any significant additional work or costs for you (unless we agree to cover these costs). If your order is split into several deliveries, you will only be charged the delivery charges for the first part of the order. If partial deliveries are made at your request, you will be responsible for the delivery charges for all individual deliveries.
- 4 Terms of payment
(1) Payment for the goods can be made by credit card (VISA / MasterCard), instant bank transfer (Klarna) or Apple Pay. We reserve the right, in individual cases, to exclude certain payment methods or to require payment in advance.
(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date is specified in the calendar, you will be in default simply by failing to meet that deadline. In this case, you will be required to pay us interest on arrears at a rate of 5 percentage points above the base rate.
(3) Your obligation to pay interest on arrears does not preclude us from claiming further damages arising from the delay.
(4) You may only set off such counter-claims as have been established by a court, are undisputed by us, or have been acknowledged by us in writing. You may only exercise a right of retention if the underlying claims arise from the same contractual relationship.
(5) The invoice will be sent to you exclusively in electronic form by email.
- 5 Retention of title
The goods supplied remain our property until the purchase price has been paid in full.
- 6 Warranty, Guarantee
(1) We are liable for material defects in accordance with the applicable statutory provisions.
(2) A guarantee for the items supplied by us shall only apply if we have expressly provided such a guarantee in the order confirmation.
(3) In the event of any disputes regarding the quality of the goods delivered, we will endeavour to reach an amicable solution and ask that you contact us at fanshop@grimme.de.
- 7 Exclusion of liability
Claims for damages are excluded. This does not apply to claims for damages arising from injury to life, limb or health, or from a breach of fundamental contractual obligations, nor to liability for other damages resulting from a breach of duty committed with intent or through gross negligence on our part, on the part of our legal representatives or on the part of our vicarious agents. Essential contractual obligations are those whose fulfilment is central to the contract and on which you are entitled to rely. However, in the event of a negligent breach of a material contractual obligation, our liability for damages is limited to the foreseeable loss that would typically occur. The provisions of the Product Liability Act remain unaffected.
- 8 Statutory right of withdrawal
(1) As a consumer, you are entitled to a statutory right of withdrawal, which you may exercise in accordance with the following provisions:
WITHDRAWAL POLICY
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal 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.
To exercise your right of withdrawal, you must notify us (GRIMME Landmaschinenfabrik SE & Co. KG, Hunteburger Str. 32, 49401 Damme, Germany, email: fanshop@grimme.de
Phone: +49 (0) 5491 666-0 by means of a clear statement (e.g. a letter sent by post or an e-mail) informing us of your decision to withdraw from this contract. You may use the model withdrawal form provided below for this purpose, although this is not mandatory.
To comply with the withdrawal period, it is sufficient for you to send notification of your intention to exercise your right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw from this contract, we shall refund to you all payments we have received from you, including delivery costs (with the exception of any additional costs arising from your choice of a delivery method other than the cheapest standard delivery option offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same payment method for this refund as you used for the original transaction, unless we have expressly agreed otherwise with you; under no circumstances will you be charged any fees in connection with this refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and, in any event, no later than fourteen days from the date on which you notify us of your withdrawal from this contract. The deadline is met if you post the goods before the end of the fourteen-day period. You are responsible for the direct costs of returning the goods. You are only liable for any loss in value of the goods if this loss is attributable to handling of the goods that goes beyond what is necessary to assess their nature, characteristics and functioning.
- End of the cancellation policy -
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(2) Please note that, in accordance with Section 312g (2) of the German Civil Code (BGB), the right of withdrawal does not apply in the following cases:
- Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual choice or specification by the consumer is decisive, or which are clearly tailored to the consumer’s personal needs.
- Contracts for the supply of goods which are liable to deteriorate rapidly or whose use-by date would be exceeded rapidly.
- Contracts for the supply of alcoholic beverages where the price was agreed at the time the contract was concluded, but which cannot be supplied until at least 30 days after the contract was concluded, and whose current value depends on market fluctuations over which the trader has no control.
- Contracts for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been broken after delivery.
- Contracts for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts.
- Contracts for the supply of audio or video recordings or computer software in sealed packaging, where the seal has been broken after delivery.
- Contracts for the supply of goods, where, following delivery, such goods have, by virtue of their nature, become inseparably mixed with other goods.
(3) To withdraw from the contract, you may use the following model withdrawal form, although this is not mandatory:
Model withdrawal form
(If you wish to withdraw from the contract, please complete this form and return it to us.)
to
WKS Textilveredlungs-GmbH
c/o GRIMME
Industriestr. 1
49849 Wilsum
Germany
E-mail: fanshop@grimme.de
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
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___________________________________________________________________
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Ordered on (*)/received on (*) _____________________
Name of the consumer(s) _____________________
Address of the consumer(s) _____________________
Signature of the consumer(s) (only for notifications on paper) _____________________ [date] _____________________
(*) Delete as appropriate
- End of the model withdrawal form -
- 10 Final provisions
(1) The law of the Federal Republic of Germany shall apply, to the exclusion of the conflict-of-laws provisions of German private international law and the UN Convention on Contracts for the International Sale of Goods.
(2) If you are a trader, a legal entity governed by public law or a special fund governed by public law, the place of jurisdiction for all disputes arising from contractual relationships between you and us shall be 49401 Damme.