§ 1 General – Scope of Application
Copyright notice: © gravelcologne.com 2018 / Reproduction or adoption of individual texts and/or images are permitted only with the express written permission of the owner. We reserve the right to file criminal charges in the event of non-compliance.
The general terms and conditions apply to online orders for goods via: www.gravelcologne.com
Owner: Blessing Cologne GmbH
The version valid at the time of the conclusion of the contract is authoritative, the text can be printed out.
§ 2 Conclusion of contract
The presentation of the products does not constitute a legally binding offer, but a non-binding catalogue (Offeratio ad Offerendum). By clicking on the order button, you place a binding order for the goods contained in the shopping basket. The confirmation of the receipt of the order takes place by automated e-mail immediately after sending the order and does not represent an acceptance of contract. We can accept the order by sending a separate order confirmation, or by delivering the goods within five days. 2.
2 We are entitled to make partial deliveries. In the case of partial deliveries we shall bear the shipping costs incurred. 3.
3. you will be informed immediately in case of delivery bottlenecks.
4. you have the possibility to conclude the sales contract in German or English language.
5. for deliveries to Switzerland no German value added tax is computed, the dispatch is limited up to a commodity value of 999.- Euro net. A division into several individual orders is possible.
The Swiss customs will charge you the statutory Swiss value-added tax and any customs duties incurred upon delivery. These costs will not be reimbursed by us.
§ 3 Retention of title
1 The delivered goods remain our property until full payment has been made.
2 The customer is obliged to treat the goods with care.
3 The customer is obliged to inform us immediately of any third party access to the goods, for example in the event of seizure, as well as of any damage to or destruction of the goods. The customer must notify us immediately of any change of ownership of the goods or of his own change of residence.
4. we are entitled to withdraw from the contract and demand the return of the goods in the event of conduct on the part of the customer contrary to the terms of the contract, in particular in the event of default in payment or breach of an obligation in accordance with clauses 2 and 3 of this provision.
4 Right of revocation for consumers
Definition: A consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his self-employed professional activity.
§ 5 right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took or has taken possession of the goods.
In order to exercise your right of revocation, you must inform Blessing Cologne GmbH of this by means of a clear declaration. If you make use of this possibility, we will send you a confirmation of the receipt of such a revocation.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this Agreement, we will refund to you as soon as possible all payments we have received from you, including delivery charges (other than additional charges resulting from your choosing a method of delivery other than the low-cost standard delivery offered by us). For this refund we will use the same means of payment that you used for the original transaction.
We may refuse to refund until we have received the Goods back or until you have proved that you have returned the Goods, whichever is earlier.
You must return or deliver the Goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the revocation of this Contract. This period shall be deemed to have been observed if you dispatch the goods before expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
Exclusion of the right of revocation
The right of revocation does not apply to contracts:
– for the delivery of goods which are not prefabricated and for the manufacture of which an individual choice or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
– the delivery of goods which are liable to deteriorate rapidly or whose expiry date would be exceeded rapidly,
– for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
– for the delivery of goods, if these have been inseparably mixed with other goods after delivery due to their nature.
§ 5 Agreement to bear costs
You shall bear the direct costs of returning the goods.
§ 6 Remuneration
1 The price offered is binding and becomes due upon delivery. The price includes the legal value added tax.
2. with the dispatch purchase the price understands itself inclusive forwarding expenses.
3 The customer can pay the price by credit card, PayPal or prepayment. We reserve the right to exclude individual payment methods.
We do not ship cash on delivery or on account!
If the customer is in default of payment, we are entitled to charge interest on arrears at a rate of 5% above the current base interest rate announced by the European Central Bank. However, the customer reserves the right to prove that no damage or less damage has been incurred.
5. in the event of non-redemption of a direct debit, costs are incurred which must be borne by the customer, either due to lack of funds in the account or due to incorrect account details. These costs currently amount to 6 euros. If a dunning procedure is initiated by us due to nonredemption, 10 Euro will be charged for the expenses incurred. If no payment is received from the customer on our account by the specified deadline, the incident will be passed on to our lawyer without further request. The latter shall apply to the competent court for a dunning notice and in serious cases and with intent we shall file a criminal complaint.
§ 7 Delivery / Transfer of Risk
1. in the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the consumer with the handover of the goods, even in the case of sale by delivery to a place other than the place of performance.
In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods shall pass to the entrepreneur upon delivery, in the case of sale by delivery to a place other than the place of performance, upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.
3. it is equivalent to the delivery if the customer is in default of acceptance.
§ 8 Warranty
1. the customer has the choice whether the supplementary performance is to be effected by rectification of defects or replacement delivery. We are entitled to refuse the type of supplementary performance chosen if it is only possible with disproportionate costs and the other type of supplementary performance remains without considerable disadvantages for the consumer.
If the supplementary performance fails, the customer may, at his discretion, demand a reduction in payment (reduction), rescission of the contract (withdrawal) or damages instead of performance. If the customer chooses damages instead of performance, the limitations of liability according to § 8 Ziff. 1 and 2 shall apply. In the case of only minor defects, however, the customer shall not be entitled to rescind the contract.
The warranty period for consumers is two years from delivery of the goods.
§ 9 Liability limitations and indemnification
In the case of slightly negligent breaches of duty, our liability shall be limited to the foreseeable, contract-typical, direct average damage. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents. We shall not be liable to entrepreneurs for slightly negligent breach of insignificant contractual obligations. 2.
The above limitations of liability do not apply to claims of the customer arising from product liability. Furthermore, the limitations of liability shall not apply to bodily injury or damage to health attributable to us or to loss of life of the customer.
3 As far as we allow access to other websites with links, we are not responsible for the external contents contained there.
The customer shall indemnify us from all disadvantages which may arise for us from third parties due to damaging actions of the customer – regardless of whether intentionally or negligently.
§ 10 Final provisions
1 The law of the Federal Republic of Germany shall apply. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.
2 Complaints can be asserted under the address mentioned in § 1.
3 Should individual provisions of the contract with the customer including these general terms and conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.