General Terms and Conditions (AGB)
General terms and conditions
The following terms and conditions of sale apply to all contracts concluded via the online shop at the URL https://agriladen.de between
Grünwelt Maschinen GmbH.
represented by the managing directors: Dmytro Korost, Ievgen Opanasenko
Halberstädterstr. 115
39112 Magdeburg
Magdeburg, Germany
Phone: +49 (0)391 - 582 30 407, +49 (0)157 - 314 50 718
E-mail: info@agriladen.de
VAT ID No.: DE 313912907
Commercial register: HRB 24779
Register court: Local court Stendal
and the customer.
1.2 Customers within the meaning of these GTC are both consumers and entrepreneurs. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.3 The relationship between the contracting parties shall be governed by the law applicable in the Federal Republic of Germany. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
1.4 The language of the contract is German.
1.5 The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
Conclusion of contract in the online shop
2.1 The products and services listed in the online shop do not constitute binding offers on the part of Grünwelt Maschinen GmbH; rather, they are an invitation to the customer to submit a binding offer by placing an order.
2.2 By sending the order from the "virtual shopping basket", the customer places a binding order for the items contained therein. The customer is requested to check and, if necessary, confirm the details before finally submitting a contractual declaration. Grünwelt Maschinen GmbH will immediately confirm receipt of this order by e-mail.
2.3 Grünwelt Maschinen GmbH is entitled to accept the customer's contractual offer within 3 (three) working days of receipt of the order. The contract with the customer is only concluded with the express acceptance of the order by Grünwelt Maschinen GmbH, whereby the express acceptance is equivalent to the dispatch of the goods to the customer.
2.4 Grünwelt Maschinen GmbH does not assume any procurement risk and reserves the right to release itself from the obligation to fulfil the contract in the event of incorrect or improper self-delivery by suppliers. Grünwelt Maschinen GmbH's liability for intent or negligence in accordance with the liability provisions of Section 10 of these GTC remains unaffected by this. In the event of non-availability or only partial availability of the service, Grünwelt Maschinen GmbH will inform the customer without delay; in the event of cancellation, the consideration will be refunded to the customer without delay.
Contract text storage
3.1 The contract language is German.
3.2 The text of the contract is stored by Grünwelt Maschinen GmbH. The order data together with the contractual provisions including these GTC will be sent to the customer separately in text form.
Right of cancellation and cancellation policy
Consumers are entitled to a right of cancellation for distance selling contracts in accordance with § 355 BGB. The statutory cancellation period is fourteen days. As a consumer, you therefore have the right to cancel your contractual declaration in accordance with the following cancellation policy:
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason. The purchased goods must be in a saleable condition (no signs of use) and in their original undamaged packaging.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise the right to cancel, you must inform us (Grünwelt Maschinen GmbH, Halberstädterstr. 115 in D-39112 Magdeburg / Germany; Phone: +49 (0)391 - 58230407; E-Mail: info@agriladen.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample cancellation form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Consequences of cancellation
If you cancel this contract, we will refund all payments we have received from you, including delivery costs. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired.
You shall bear the direct costs of returning the goods. The direct costs of returning goods which, due to their nature, cannot be returned by normal post, are estimated at a maximum of approximately 500.00 EUR.
Appendix: Sample cancellation form
Model cancellation form
in accordance with Annex 2 to Art. 246a § 1 para. 2 sentence 1 no. 1 and § 2 para. 2 no. 2 EGBGB
(If you wish to cancel the contract, please complete this form and return it to us).
- To: Grünwelt Maschinen GmbH, Halberstädterstr. 115 in D-39112 Magdeburg / Germany; Tel.: +49 (0)391 - 58230407; E-Mail: info@agriladen.de
- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notification on paper)
- Date(s)
______
(*) Delete as appropriate
Prices, delivery and shipping costs
5.1 The prices stated in the respective offers are final prices. They therefore include all price components including any applicable taxes; however, in the case of cross-border deliveries, additional taxes (e.g. in the case of an intra-Community purchase) and/or duties (e.g. customs duties) may have to be paid by the customer in individual cases.
5.2 The delivery and shipping costs incurred are not included in the purchase price; they are based on the respective specific offer and the shipping information provided therein and are to be borne by the customer.
Terms of payment
6.1 Grünwelt Maschinen GmbH accepts the payment methods listed on the respective offer website and selected by the customer. The customer himself selects his preferred method of payment from the payment methods available.
6.2 In the case of payment by bank transfer or PayPal, the customer undertakes to pay the purchase price plus any delivery and shipping costs incurred no later than 7 (seven) days after receipt of the notified request for payment without deduction. The account details will be communicated together with the request for payment.
6.3 If the customer collects the goods (himself) against cash payment, payment of the amount due shall be made in cash at the time the goods are handed over.
6.4 The customer is only authorised to exercise the right of retention if his counterclaim arises from the same contractual relationship.
Shipping conditions
7.1 Unless otherwise agreed with the customer, the goods shall be shipped to the delivery address provided by the customer. Collection by the customer is possible.
7.2 The customer assures that he has provided the correct and complete delivery address with his order. Should the customer have entered incorrect address data and should this result in additional costs for the shipment - such as additional shipping costs - these shall be borne by the customer.
7.3 If the customer purchases several items in close temporal connection, there is the possibility of uniform dispatch, if the customer so wishes; however, there is no entitlement to such dispatch.
7.4 In the case of payment by bank transfer or via PayPal or by credit card, the items purchased by the customer shall be dispatched within 3 (three) working days of receipt of payment. The delivery period within which the transport company delivers the goods is therefore 5-6 (five to six) working days after receipt of payment, unless a shorter or longer period is expressly stated in connection with the item offer.
7.5 The risk of accidental loss and accidental deterioration of the goods sold shall pass to the entrepreneur upon delivery to the entrepreneur himself or to a person authorised to receive the goods, in the case of a sale by dispatch already upon delivery of the goods to a suitable transport person. In the case of deliveries to consumers, the risk of accidental loss and accidental deterioration of the goods sold shall always pass to the consumer when the goods are handed over to the consumer. With regard to the transfer of risk, if the customer is in default of acceptance, this shall be deemed equivalent to handover.
Notification of transport damage
8.1 The customer will support Grünwelt Maschinen GmbH to the best of his ability if he asserts claims against the transport company concerned or a transport insurance company.
8.2 Deliveries of goods must be checked by the customer for any transport damage. In the event of externally recognisable transport damage, the customer undertakes to note this damage on the relevant shipping documents and have it acknowledged by the deliverer; if the delivery is not rejected, the packaging must be retained.
8.3 If the (partial) loss of or damage to the goods is not externally recognisable, the customer must notify Grünwelt Maschinen GmbH of this within 5 (five) days of delivery or at least within 7 (seven) days of delivery to the transport company in order to ensure that any claims against the transport company are asserted in good time.
8.4 Any rights and claims of the customer - in particular the statutory rights of the buyer in the event of defects in the (purchased) item - shall remain unaffected by the above provisions of Sections 8.1 - 8.3 of these GTC. These therefore also do not include a preclusion period for the customer's rights in accordance with Clause 9 of these GTC.
Warranty conditions
9.1 If the purchased item is defective, the customer shall be entitled to subsequent fulfilment in accordance with §§ 437 No. 1, 439 BGB if and to the extent that the requirements of the statutory provisions on rights in the event of defects are met.
9.1.1 In this respect, consumers have the choice of whether subsequent fulfilment is to take the form of rectification or replacement delivery. However, Grünwelt Maschinen GmbH remains entitled to refuse the type of subsequent fulfilment chosen if it is only possible at disproportionate cost and the other type of subsequent fulfilment is without significant disadvantages for the consumer.
9.1.2 Grünwelt Maschinen GmbH shall initially provide warranty to entrepreneurs for defects in the goods by repair or replacement delivery at its own discretion.
9.1.3 The rights of the buyer in the event of defects as defined in § 437 No. 2 and No. 3 BGB remain unaffected by the provisions of Clauses
9.2.1. up to and including
9.2.2. of these GTC.
9.2 Claims and rights of an entrepreneur due to defects shall become time-barred one year after delivery of the goods to the customer; claims and rights of a consumer due to defects shall become time-barred two years after delivery of the goods to the customer. These limitation periods do not apply to the extent that Grünwelt Maschinen GmbH is liable in accordance with Section 10 of these General Terms and Conditions or to the extent that the right in rem of a third party is involved, on the basis of which the surrender of the delivery item can be demanded.
9.3 The rights of recourse of entrepreneurs stipulated in Sections 478, 479 BGB remain unaffected by the provisions of Clauses 9.1 to 9.3 inclusive of these GTC.
9.4 Obvious defects must be reported by merchants within a period of two weeks from receipt of the goods using the above contact details; otherwise the assertion of the warranty claim is excluded. Timely dispatch of the notification of defects shall suffice to meet the deadline.
Liability provisions
10.1 In accordance with the statutory provisions, Grünwelt Maschinen GmbH is liable for damages resulting from injury to life, body or health which are based on a negligent or intentional breach of duty as well as for other damages which are based on a grossly negligent or intentional breach of duty as well as fraudulent intent.
10.2 In addition, Grünwelt Maschinen GmbH is liable without limitation for damages that are covered by liability under mandatory statutory provisions, such as the Product Liability Act, or if and to the extent that Grünwelt Maschinen GmbH has assumed a guarantee for the quality of the item or that the item will retain a certain quality for a certain period of time.
10.3 Any further liability is excluded, irrespective of the legal nature of the asserted claim.
Place of jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of Grünwelt Maschinen GmbH. The same applies if the customer, as an entrepreneur, has no general place of jurisdiction in Germany or if his place of residence or habitual abode is unknown at the time the action is filed. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.
Online dispute resolution / ODR platform
In accordance with Regulation (EU) No. 524/2013, the European Commission provides a European platform for the settlement of disputes between consumers residing in the European Union and traders established in the European Union arising from the online sale of goods or the online provision of services via an interactive website that can be accessed electronically in all official languages of the institutions of the European Union (so-called ODR platform / URL: http://ec.europa.eu/odr).
To submit a complaint on this ODR platform, consumers must complete an electronic complaint form. The individual pieces of information that must be provided when submitting a complaint are listed in the Annex to Regulation (EU) No. 524/2013.
Consumer arbitration
Grünwelt Maschinen GmbH is generally not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.