Terms & Conditions
General Terms of Delivery for Consumers
Section 1: Applicability
(1) Our, Graupner / SJ GmbH, [LINK Imprint] deliveries, services and offers are made exclusively on the basis of these General Terms of Delivery. They are integral part of all contracts we conclude with consumers, our customers, on the goods offered by us.
(2) Our sales staff is not entitled to make any oral agreements with you in connection with the contract that deviate from the order form or these General Terms of Delivery
Section 2: Offer, partial delivery, right of revocation, return costs
(1) Offers and prices included in our online shop are subject to confirmation.
(2) The time the sales contract between you and us is concluded depends on the payment method you choose.
You can receive further details in our customer information [LINK: Customer Information].
(3) We supply our goods to customers within the European Union only.
(4) We are entitled to make reasonable partial deliveries.
(5) You have a right of revocation. If you revoke the contract, you pay the regular costs of return.
Section 3: Prices and shipping
(1) The prices include the statutory value added tax.
(2) You pay the shipping costs.
Section 4: Liability
(1) We are liable if we are guilty of intention or gross negligence. We are only liable for simple negligence if a duty is breached the fulfilment of which makes the proper execution of the contract possible in the first place and on the fulfilment of which the contractual partner may regularly rely on. In all other cases, the liability to pay damages for losses of any kind, irrespective on what basis, including the liability for fault when concluding the contract is excluded. If we are liable for simple negligence according to this paragraph, our liability is limited to the damage the accrual of which we typically had to expect in view of the circumstances known when concluding the contract.
(2) Our liability to pay compensation, irrespective of the legal ground (particularly in case of default, defects or other breaches of duty) is limited to the foreseeable damage typical for this type of contract.
(3) The above exclusions and limitations of liability do not apply to our liability due to intentional behaviour or gross negligence,
for guaranteed quality features, for injury to life, body or health or according to the Product Liability Act.
(4) The above exclusions and limitations of liability also apply in favour of my employees, vicarious agents or other third parties we use to execute our contracts.
Section 5: Miscellaneous provisions
(1) Other contractual regulations, particularly regarding the warranty for defects, are in accordance with the German statutory provisions. If the goods are used goods, the claims based on defects become statute-barred after one year after the receipt of
the goods. This does not apply to the liability for injury to life, body or health and in case of gross negligence. Mandatory foreign
law remains unaffected.
(2) You can find further details, particularly about us as your contractual partner, the conclusion of contract, right of revocation, prices, payment and delivery terms in our customer information [LINK Customer Information].
(3) You can find further details regarding the use of your personal data in our Data Privacy Statement
[LINK Data Privacy].
Section 6: Industrial property rights and copyrights
(1) You are granted the non-exclusive right to use the software delivered with the goods in connection with the use of the goods.
(2) You are not authorised to make copies of the software, except for the purpose of use or backup.
(3) You are only permitted to transfer the rights to the software granted to you to a third party if the ownership of the relevant
product is transferred to this third party at the same time and if you do not retain any copies of the software.
(4) We are never obliged to disclose the source code of the software.
Section 7: Platform for online dispute resolution
(1) You as a consumer have the option to settle any disputes arising from the contractual relationship with us out of court
through the platform for Online Dispute Resolution of the EU Commission.
It can be found at http://ec.europa.eu/consumers/odr
(2) The use of this platform for Online Dispute Resolution is not a mandatory precondition, but merely constitutes a voluntary alternative to court disputes for you.
(3) You are free to settle your legal claims without using the platform for Online Dispute Regulation of the EU Commission by taking legal action.
(4) We are not obliged or willing to participate in a dispute resolution procedure in front of a consumer conciliation body. As a precaution, according to § 37 VSBG, we refer to the possibility of an extraordinary dispute resolution at the General Consumer Conciliation Body of the Center for Conciliation e.V.: https://www.verbraucher-schlichter.de/ headquartered at Straßburger Straße 8 in 77694 Kehl am Rhein, Germany.
Section 8: Final provisions
(1) The law of the Federal Republic of Germany excluding the United Nations Convention on Contracts for the International Sale of Goods applies. Mandatory provisions of the state you have your habitual residence in remain unaffected.
(2) If you had your domicile or habitual residence in Germany when concluding the contract and relocated it either at the time the action is brought or if your residence is unknown at that time, place of jurisdiction for all disputes is the registered office of our company in Kirchheim/Teck.
If your domicile or habitual residence is not in a Member State of the European Union, the courts at our registered office are exclusively competent to settle any disputes.