Terms and Conditions

General Terms and Conditions (GTC)

1. Scope  

The following General Terms and Conditions of the company Grahl & Nicklas GmbH (hereinafter referred to as “the Company”) in the version in effect at the time the order is placed shall apply exclusively to all business relationships between the Company and the Customer. Deviating terms and conditions of the Customer shall be subject to the Company’s express written consent. 

2. Execution of the Agreement 

The submission of a purchase order shall constitute an offer made by the Customer to the Company to enter into a purchase contract. The purchase contract shall not be effective until the goods are delivered, an order confirmation has been issued or a notice of delivery has been received. If the Customer should not have received an order confirmation, notification of delivery or the merchandise within two days after placing an order, the Customer shall no longer be bound by the order placed. In this case, any payments already made shall be refunded immediately. 

The Customer’s contractual partner is: 

Grahl & Nicklas GmbH
Gwinnerstr. 13
60388 Frankfurt
Germany
VAT ID No.: DE 114219684
Domicile of the company: Frankfurt/M
Commercial Register Frankfurt – HRB No. 25 820 

General Manager: Jürgen Grahl, Christine Pfletschinger

All products shall be sold only in volumes considered normal for retail sales to households. This shall apply to both, the number of products ordered in one purchase order and to multiple orders for the same product. Products shall be sold only to individuals who are at least 18 years of age.

German shall be the exclusive contract language. Translations into other languages are provided for Customer’s convenience only. 

3. Payment, Due Date, Delivery and Fulfilment Details 

Unless otherwise agreed upon, the shipment shall be delivered to the delivery address provided by the Customer. 

If delivery to the Customer should not be possible because of delivery hindrances at the Customer’s end or because the delivered goods cannot be passed through the front door, door to the house or stairwell or does not fit into the Customer’s lift; or if the Customer should not be at the provided delivery address at the time of delivery although the time of delivery had been scheduled with plenty of advance notice, the Customer shall be responsible for the costs of the failed delivery attempt. 

The purchase price shall be due for payment as soon as the ordered goods are dispatched. The Customer shall have the option to pay the purchase price upon receipt of invoice. If the Customer should be in default of payment, the Company shall have the right to charge late payment interest in the amount of 5 percentage points per annum above the prime rate set by the European Central Bank. If the Company has verifiably incurred higher damages as a result of the default, the Company shall have the right to demand reimbursement for these damages.

4. Prices 

All prices quoted on the website are posted in EUR and include applicable value added tax. Shipping charges shall be billed separately. 

The following shipping costs apply:

  • Germany: 3,00 €
  • Austria, Denmark, Netherlands, France, and Italy: 9,90€
  • Rest EU: 15,00€
  • Worldwide: 35,00€

In the event of typographical, printing or mathematical errors in the online store pricing or if the Supplier should have made price adjustments in the interim, the Company reserves the right to reject the contract offer. 

5. Title Retention  

Until paid in full, the delivered goods shall remain the property of the Company. 

 

6. Information Regarding Revocation Rights 

a) Revocation Right 

The Customer shall have the right to revoke this Agreement without being under any obligation to provide grounds for a period of fourteen days. 

The revocation period shall total fourteen days as of the date the Customer or any third party designated by the Customer other than the transportation company/agent has taken possession of the goods. 

To exercise the revocation right, the Customer shall notify the Company of the decision to exercise the right to revoke (Grahl & Nicklas GmbH, Gwinnerstr. 13, 60388 Frankfurt, Germany telefax: +49 69 942098-40, e-mail: info@notenshop-service.de). To do this, the Customer may use the enclosed revocation template; its use, however, is not mandatory. 

The deadline for revocation shall be deemed met if the Customer sends the notice of exercising the revocation time prior to the expiration of the revocation period. 

b) Consequences of Revocation 

If the Customer should revoke this Agreement, the Company shall undertake to promptly refund – within a maximum period of 14 days as of the date the Company has received the revocation notice – any payments the Customer has already made, including the delivery costs (with the exception of the additional costs incurred as a result of Customer having selected a different mode of delivery than the standard option offered by the Company at a lower cost). To disburse the refund, the Company shall use the same method of payment the Customer used in the original transaction unless another agreement to the contrary has been expressly made. Under no circumstances shall the Customer be charged fees for this refund. The Company may refuse to pay the refund until it has received the returned goods or until the Customer has presented evidence that the Customer has returned the goods – whichever incident occurs earlier. 

The Customer shall undertake to return the goods promptly and in any event not later than fourteen days after the data on which the Customer has notified the Company of the return shipment or handover of the goods. The deadline shall be considered met if the Customer sends the goods prior to the end of the fourteen-day deadline. 

The direct return shipment costs shall be paid by the Customer. 

The Customer shall be liable for any value reduction of the goods only if the loss of value has to be attributed on any handling of the goods that is not necessary to check its condition, properties and functions. 

Download the revocation form here: Widerrufsformular.pdf

End of the Information Concerning Revocation Rights 

 

7. Exclusion of Revocation 

The right to revoke shall not be in effect for remote sales agreements 

Concerning goods that have not been pre-manufactured and the production of which is contingent upon the Customer’s selection or determination or that are clearly tailored to the personal needs of the Customer; 

Concerning the delivery of audio or video recordings or computer software in sealed packaging if the seal has been removed post-delivery. 

Concerning the delivery of newspapers, magazines and periodicals. 

8. Return Shipping Costs

If the Customer exercises the right to return, the Customer shall be responsible for the return shipping costs if the delivered goods are congruent with the ordered goods. If goods cannot be sent as packages but have to be sent via freight forwarder, the Customer shall be required to pay the return shipping costs only if the amount of return shipping costs has been concisely announced in advance or, if the costs cannot be reasonably calculated in advance, if the estimated maximum return shipping costs have been concretely communicated.

Return shipments made without prepaying the shipping costs shall principally not be accepted. 

9. Warranty 

The statutory warranty coverage shall apply. In the event that remedial action should be taken by way of replacement shipment, the Customer shall undertake to return the initially delivered deficient goods to the Company within 30 days upon the Company’s request. 

10. Place of Fulfilment and Jurisdiction 

This Agreement shall be governed by German law. If the Customer should be domiciled outside of Germany, the agreed upon sole place of jurisdiction shall be the domicile of the Company. 

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