General terms and conditions of business for private customers
Grindhouse GmbH
Altkönigstr. 12
65239 Hochheim
Germany
Geschäftsführer: Thorsten Rüffer
Handelsregister HRB 46882 Amtsgericht Frankfurt am Main.
Section 1 General
(1) Contractual services and offers made by Grindhouse GmbH are provided or made in accordance with the following conditions only. By taking note of these terms and conditions, the party to the contract is agreeing to their forming a part of the contract to be concluded with Grindhouse GmbH.
(2) The party to the contract's own general terms and conditions of business do not form a part of the agreement between the parties, even where this is not expressly stated by Grindhouse GmbH.
Section 2 Conclusion of contract
(1) Offers from Grindhouse GmbH catalogues and other information media are non-binding. By placing an order, the party to the contract makes a binding declaration that they wish to acquire the goods ordered.
(2) Grindhouse GmbH is entitled to accept the party to the contract's offers within a period of two weeks from receipt. The contract is concluded if Grindhouse GmbH provides written confirmation of acceptance of the offer by post or by e-mail or makes the delivery within this period. It is sufficient that the goods are dispatched or a confirmation is posted within this period.
Section 3 Subject of the contract
(1) The subject of the contract is solely the goods which are expressly confirmed by Grindhouse GmbH or are dispatched against an order placed by the party to the contract.
(2) Drawings, diagrams and other product descriptions - in particular in the catalogue - are non-binding and do not constitute a warranted property in terms of the German Civil Code.
Section 4 Delivery and payment
(1) Grindhouse GmbH is entitled to effect delivery of the goods forming the subject of the contract within a period of two weeks from the acceptance of the offer by Grindhouse GmbH.
(2) All prices given are in euros and are inclusive of VAT.
(3) There is a minimum order value of EUR 20 (50,- Euro for oversea orders).
(4) Goods are delivered by Grindhouse GmbH against cash in advance only.
(5) The party to the contract may, after receiving the order confirmation, make payment by bank transfer (citing their customer number), cash on delivery, by paypal or credit card (see payment methods).
(6) Grindhouse GmbH charges per order forwarding costs to the customer. (see ordering information)
(7) Grindhouse GmbH may make part deliveries where this is conducive to the execution of the contract and is not unreasonable for the party to the contract.
(8) The party to the contract may not assign debts due against Grindhouse GmbH without the express written consent of Grindhouse GmbH.
Section 5 Right of rescission and right to return in case of distance selling contracts
(1) The following provisions do not apply to audio and video recordings, to software if the data carriers supplied are unsealed, nor to newspapers and magazines. Also, they do not apply to merchandise made according to the contractual partner's specifications or which are obviously tailored to the contractual partner's individual needs.
For Customers from Germany: Return instructions
Right of return You can return the received goods without giving reasons within 30 days by returning said goods. The period for returning goods begins at the earliest with the receipt of the instruction for the right of return in text form (e.g. in a letter, fax or e-mail) but not before the receipt of the item (in case of periodical delivery of the same item not before the receipt of the first delivery) and not before complying with our information duty according to art. 246 sec. 2 in conjunction with sec. 1 subsection. 1 and 2 EGBGB (Introductory Act to the German Civil Law) and also not before complying with our duties according to sec. 312g, subs. 1, clause 1 BGB (German Civil Law) in conjunction with art. 246 sec. 3 EGBGB. You can place your return request in text form only in case of non package transportable items (e.g. bulky goods). To ensure keeping the term, send the goods or your return request within the term. The return will be made by all means at our risk and expense.
Please send the goods or your return request to:
Grindhouse GmbH
Altkönigstr. 12
65239 Hochheim
Deutschland
Fax: 0049 (0) 6146 83 765 10
E-Mail:
contact@grindhouse.eu Return consequences In the event of an effective return, the goods and payments received by both parties must be returned and if applicable any benefits derived must be restored. In the case of deterioration of the goods and for utilization (e.g. benefits of use) that cannot be returned to us in full or in part or only in an impaired condition, you are obliged to pay us compensation for lost value. You are only obliged to pay us compensation for lost value for deterioration of the goods and received benefits in as far as the utilization or deterioration is exclusively due to the features and correct functioning of the goods having been examined. "Examination of the features and function" is defined as testing and trying out of the respective goods in such a way as would be possible and common practice in a shop. The duty of restitution shall be fulfilled within 30 days. The period commences for you after returning the item or sending the return request, and it begins for us after receiving said item.
End of the return instructions
For Customers from other European countries: Revocation instruction
Right of revocation You have the right to withdraw your declaration of contract without stating a reason within 30 days in written form (e. g. letter, fax, e-mail) or if the goods were left to you before expiring date by returning the goods. The stated period of time starts at the earliest on receipt of this information in writing but not before receipt of the goods by the recipient (according to perseverative delivery of similar goods the stated period of time does not start before the receipt of the first part-delivery) and not before the performance of our duty to inform according to Art. 246 Para. 2 in connection with Para 1 clause 1 and 2 EGBGB as well as our obligations according to Para. 312g clause 1 Sentence 1 BGB in connection with Art. 246 Para 3 EGBGB. To comply with the stated period of time it is sufficient to dispatch the withdrawal or the goods in time. The cancellation has to be sent to:
Grindhouse GmbH
Altkönigstr. 12
65239 Hochheim
Deutschland
Fax: 0049 (0) 6146 83 765 10
E-Mail:
contact@grindhouse.eu Effects of Revocation In the event of an effective cancellation, the mutually provided goods and services shall be returned and, if applicable, any benefits enjoyed (e. g. interest) surrendered. In case you cannot return the provided goods and services as well as utilizations (e.g. benefits of use) in total or in part or only in deteriorated condition, you are obliged to pay us compensation for lost value. You are only obliged to pay us compensation for lost value for deterioration of the goods and received benefits in as far as the utilization or deterioration is exclusively due to the features and correct functioning of the goods having been examined. "Examination of the features and function" is defined as testing and trying out of the respective goods in such a way as would be possible and common practice in a shop. Goods, that can be dispatched by parcel, have to be returned on our risk. You shall be responsible for the return costs if the goods supplied complies with the goods ordered and if the price of the goods to be returned does not exceed the amount of 40 Euros or - in case the price does exceed the amount of 40 Euros - if you have at the moment of cancellation not yet provided for the payment or a contractually agreed part payment. In any other case you will not incur any charges for the return of goods. Goods, that cannot be returned as parcels, will be collected from your address. Obligations for refunding of payments must be fulfilled within 30 days. The period commences for you after sending the revocation request or returning the goods and it begins for us after receiving said goods.
End of revocation instruction
Section 6 Reservation of ownership
The goods forming the subject of the contract remain the property of Grindhouse GmbH until they have been paid for in full.
Section 7 Warranty
(1) The warranty period is two years from the date of delivery.
(2) In the event of warranty claims, it is necessary that Grindhouse GmbH is able to relate to the date of purchase. The item for which a warranty claim is made should be sent to Grindhouse GmbH together with a copy of the invoice, if the invoice is present. If the customer is not able to submit a copy of the invoice, this has no bearing on his warranty claims.
(3) For defects in the goods forming the subject of the contract, the terms of the implied warranty are effective.
(4) The party to the contract is obliged to examine the goods immediately on receipt. Grindhouse GmbH must be notified of damage arising during transportation or obvious defects. If the party to the contract fails to examine the goods and to notify damages the party to the contract does not lose his warranty claims.
(5) The warranty does not include normal wear and tear. If Grindhouse GmbH maintenance or care instructions are not observed, changes are made to the product, accessory parts are incorrectly mounted, parts are replaced or care products are used which do not meet Grindhouse GmbH's high quality standards, the warranty will be rendered invalid concerning to those defects which arise or have been arisen because of the violation of the foregoing regulations.
(6) The party to the contract is granted a guarantee in the legal sense only where this is expressly specified in writing by Grindhouse GmbH.
Section 8 Liability
(1) For breaches of the main contractual obligations as a result of ordinary negligence, Grindhouse GmbH's liability is limited to the average, foreseeable, direct losses typical for the type of goods in question. The same applies to breaches of obligations as a result of ordinary negligence by legal representatives of Grindhouse GmbH or persons employed in performing contractual obligations for which Grindhouse GmbH is vicariously liable.
(2) Otherwise where the party to the contract asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of representatives or persons employed in performing contractual obligations for which Grindhouse GmbH is vicariously liable, Grindhouse GmbH is liable in accordance with the legal regulations. Where no gross negligence or intentional breach of obligations is
asserted, Grindhouse GmbH's liability is limited to the average foreseeable damages which might typically be expected to arise in such circumstances.
(3) The above limitations of liability do not apply to losses arising from injury to life, bodily injury or injury to health.
Section 9 Batteries and accumulators
(1) If you received batteries or accumulators from us, you may return these free of charge to us after use or give them back at a local collecting point.
(2) Batteries and accumulators may not be depolluted together with the domestic waste. They contain harmful substances and are identified accordingly. The picture of a crossed waste container as well as the respective harmful substance (e.g. Cd: cadmium; PB: plumb; Hg: mercury) are shown on the respective Batteries and accumulators.
Section 10 Concluding provisions
The laws of the Federal Republic of Germany, with the exception of the UN Convention on Contracts for the International Sale of Goods (CISG), shall be applicable.
rollderdyhouse.eu, c/o Grindhouse GmbH, Hochheim, July 2014
