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GTC

General Business Terms and Conditions

The terms and conditions published here apply exclusively to Germany. For deliveries to other countries, other terms of delivery and payment apply, due to varying VAT rates and shipping charges. We will be happy to send you appropriate terms and conditions for your country or region prior to you placing your order.

Your order will be processed immediately and if you can specify your customer number, the process will be faster. Delivery takes place from our warehouse. Partial deliveries are considered to be concluded transactions if the goods concerned can be used independently of each other.

Articles in this catalogue are generally delivered as depicted. Colour variations in print are reserved. All technical specifications in our catalogues are based on manufacturers’ data at the respective time of publication and do not represent assurance or warranty. Due to the long term nature of the choice of products on offer, we expressly reserve the right to make appropriate technical changes and improvements which do not affect the application and value of the goods.

The presentation of products in the Online Shop does not constitute a legally binding offer, but is a non-binding, online catalogue. By clicking the button "Buy" / "order with the obligation to pay", you place a binding order for the goods contained in the shopping basket. Confirmation of the receipt of that order follows immediately after it has been sent to us but does not constitute a contractual acceptance of the order. We can accept your order either by sending an e-mail order confirmation or by delivering the goods within five days.

Shipping (or Dispatch) Charges

The standard shipping cost within Germany is €5.95. Shipping cost for ammunition is €15.90 with a surcharge for shipping ammunition to German islands of €39.00.

Express Shipping

We will deliver goods in stock to addresses on the German mainland (with the exception of labelled hazardous substances) and against an increased shipping charges under the following conditions. Unfortunately, express shipping to the German islands is not possible.

When orders are received:

  • Monday - Thursday 07:30 – 12:00: the following working day
  • Friday 07:30 - 12:00: the following Monday
  • Friday 12:01- Monday 07:30 – 12:00: the following Tuesday

Express shipping (within mainland Germany) costs €15.95 per package up to 31.5 kg. Over 31.5 kg no express shipping is possible.

A few, particularly heavy or bulky items are marked as such in our catalogues. For these articles, the price is ex-warehouse / factory. These items can be picked up free of charge or we can organise transport for you. Just contact us for help and advice.

If a particular item is not available, we will notify you immediately of that non-availability and promptly reimburse any pre-payment received.

Purchasing and the Delivery of Ammunition

Restricted ammunition shall be delivered only upon presentation of a valid purchase entitlement. We supply ammunition exclusively with Overnite. In case of any returns, please contact us before returning the product (only full, sealed original packaging). We will send you a return note.

Buy without risk – Your right to cancel & Safe Transport

If you are unsure about any cancellation, please call us. We can offer reliable and friendly help. Return Hotline: +49 (0) 51 94/90 02 80 We have taken out insurance against any damage caused in transport or loss of a consignment so you can make a purchase without taking any risk.

Cancellation Policy

A consumer is anyone who enters into a legal transaction (contract) for purposes which cannot be attributed primarily to their employed or self-employed commercial activity.

The Right to Cancel / Revoke

As a consumer, you have the right to cancel a contract within a period of fourteen days without having to give any reason(s). The period of cancellation / revocation is fourteen days from the date on which you or any third party you designate, which is not the carrier, has accepted receipt of the product. In order to exercise your right of cancellation / revocation, you must contact us (Grube KG Forstgerätestelle, Hützelerdamm 38, 29646 Bispingen, phone: +49 (0) 5194/9000, fax: +49 (0) 5194/900270, e-mail address: info @ Grube.de) and make a clear declaration (e.g. in a letter sent by mail, fax or e-mail) about your decision to revoke the contract. You can, but do not have to use the sample return form enclosed with the product. You can also fill out and submit the return form or make any other clear statement electronically on our website - http://widerruf.grube . If you do use this option, we will immediately send you an e-mail confirmation of the receipt of that revocation. In order to maintain the revocation period, it is sufficient that you send us notification of you exercising your right to revoke / cancel the contract before the end of the revocation period.

Consequences of Cancellation / Revocation

If you cancel the contract, we will repay you all the payments we have received from you, including delivery charges, within a period of fourteen days from the date on which the notice of revocation was received by us. (Except where there have been additional costs resulting from you having chosen a different type of delivery than the most favourable standard delivery offered by us.) For such repayment, we use the same method of payment you used in the original transaction, unless you have expressly agreed otherwise. In no case will you be charged for these repayment charges. We may refuse repayment until we have recovered the goods or until you have proved that you have returned the goods, whichever is earlier. You should return the goods to us immediately but in no case no later than fourteen days from the date on which you informed us that you were revoking the contract. The deadline is met when you send the goods before the end of the 14 days. We bear the cost of returning the goods. There would only be liability for loss in value of the goods, if that loss in value were attributable to handling, which was not necessary for the purpose of checking the quality, characteristics and function of the goods.

Exclusion or premature termination of the right of revocation

 

The right to revoke or cancel does not apply to long distance transactions

  • for the supply of goods which are not prefabricated and whose manufacture has been based on an individual selection or stipulation by the consumer or which are clearly tailored to the personal needs of the consumer.
  • for the delivery of goods that are likely to spoil or whose expiry date would be quickly exceeded.

 

The right to revoke or cancel expires early in the case of contracts

  • delivering sealed products which are not suitable for return on grounds of health or hygiene when the seal has been removed after delivery.
  • supplying goods which once delivered and due to their nature, become inseparably mixed with other goods.
  • delivering sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.

 

Payment and Cash Rebate

For orders over the value of €25 you will receive a 3% discount if you pay in advance or by bank transfer. Books have to be excluded from this arrangement due to the agreement on binding prices.

You can pay by; advance payment, bank deposit, credit card (Visa & Mastercard), cash on delivery, Paypal or invoice.

Payments for repairs are immediate and net.

We do not offer any discount for payment by credit card or Paypal.

The debit of your credit card or Paypal account is made upon completion of the order. In the case of direct debit payment, your account is debited when the goods leave our warehouse.

Note: Where justified and after detailed inspection, we reserve the right to exclude the type of payment you have selected and propose an alternative.

Ownership and Transfer of Ownership

We deliver only on the basis of ownership and transfer of ownership detailed below. This also applies to all future deliveries, even if we do not refer to them expressly We reserve the right of ownership of goods delivered until full payment has been made as per the delivery contract. After setting a reasonable time, we are entitled to take back the item purchased if the buyer behaves in breach of contract or particularly in default of payment.

For as long as transfer of ownership has not taken place, the buyer is obliged to treat the purchased item with care and to notify us immediately in writing if the delivered goods are seized or otherwise interfered with by third parties. If that third party is not in a position to reimburse us for court and extrajudicial costs of an action pursuant to §771 ZPO (Clause 771 in German Civil Law), the buyer is liable for the resulting failure.

The buyer is entitled to resell goods subject to retention of title (reserved goods) in normal business transactions. The buyer thereby assigns claims to us for the amount of the agreed final invoice amount (including VAT) from the resale of the reserved goods. This assignment applies irrespective of whether the purchased item has been resold without or after processing. The buyer is also authorised to collect the claim after the assignment. Our power to collect the claim ourselves remains unaffected. However, we will not collect the claim as long as the buyer complies with payment obligations from the agreed revenue, is not in default of payment and, in particular, no application is filed for insolvency proceedings or the payment being settled.

The processing or conversion of purchased goods by the buyer always takes place on our behalf. In this case, the purchaser's right to purchase the item continues. If the object of purchase is processed with other items not belonging to us, we acquire co-ownership of the new item in ratio to the objective value of our item in relation to the other processed items at the time of the processing. The same applies to the case of mixing. If the mixing takes place in such a way that the buyer's item is to be regarded as the main item, it is agreed that the buyer transfers to us joint co-ownership and retains sole proprietorship or co-ownership for us. In order to safeguard our claims against the buyer, the purchaser also assigns to us those claims which arise in connection with reserved goods on the property of a third party; with this we accept the transfer.

At the purchaser's request we undertake to release the securities to which we are entitled so long as their value exceeds the claims to be secured by more than 20%.

Warranty and Guarantee conditions

The warranty period for private customers is 2 years. For goods used for commercial purposes the warranty period is 1 year. Within those limits, we will remedy, free of charge, all defects, which are subject to statutory warranty. Your claim is limited to the subsequent performance (repair or replacement delivery) of a defect-free product. In the event of any failure of that subsequent performance, you have the option of withdrawing from the purchase contract or demanding a reduction in price. Our own warranty claims or those of our suppliers do not limit your statutory claims in respect of defects. Damage which is attributed to natural wear and tear, to improper use and to inadequate or incorrect care is excluded from guarantees.

Price changes

For products with a delivery time of more than four months, we expressly reserve the right to increase prices dependent on changes in the costs we incur (i.e. due to increased prices from our suppliers or in material costs). If that price increase is more than 5% of the original offer, you have the right to withdraw from the contract.

For Overseas Deliveries

There are a number of specific conditions, which we need to send to you prior to delivery. Dispatch takes place from our warehouse and the court of jurisdiction for both parties, whether you are a merchant or a private customer not resident in Germany, is exclusively the place where our company is based (Hützeler Damm 38, 29646 Bispingen, Germany)

Storage of Contract Data

We store contract data and send you your order data plus our general terms and conditions by e-mail. You can check our terms and conditions on our website at any time you wish and you can view your past orders once logged in as a customer.

Language of the Contract

The legally binding language for concluding the contract is German.

Information on Regulations Relating to Batteries

As batteries and accumulators (rechargeable batteries) may be contained in our consignments, we are obliged under German law to inform you that batteries and rechargeable batteries must not be disposed of in domestic waste. Used batteries and rechargeable batteries must be returned to collecting stations. Waste batteries may contain harmful substances which can damage the environment and your health if stored or disposed of incorrectly. However, batteries also contain important raw materials, e.g. iron, zinc, manganese or nickel, which can be recycled. You can either return the batteries to us free of charge or dispose of them at collecting station in your immediate vicinity (for example, in supermarkets or at municipal collection point.

Dispatch of batteries to sales outlets is restricted to the usual quantities end users require, plus those needed by the distributor when offered as replacements.

The sign with the crossed-out dustbin means that you are not allowed to dispose of batteries and accumulators in household waste. This symbol also contains the following symbols and meanings:>p> Pb: Battery contains lead

Cd: Battery contains cadmium

Hg: Battery contains mercury (quicksilver)

I. Supplementary General Terms and Conditions

1. Scope and General Conditions of Use

The following supplementary general terms and conditions (hereinafter referred to as "General Terms and Conditions") are valid between you and the dealer relating to all contracts concluded when goods are purchased by instalment using easyCredit. In the event of a conflict, these Supplementary General Terms and Conditions shall take precedence over the dealer’s other General Terms and Conditions. Purchase by instalment is governed by Clause 13 of German Civil Law (§ 13 BGB) and is only available to customers who have reached the age of 18.

2. Purchase by Instalment

When making your purchase over the Internet, the dealer supported by TeamBank AG Nuremberg, Beuthener Strasse 25, 90471 Nürnberg (hereinafter referred to as TeamBank AG) will provide you with the payment option of making the purchase by instalment. The dealer reserves the right to check a customer’s creditworthiness. For further details, please refer to the terms of data protection when purchasing by instalment (see Section II below). Should creditworthiness prove insufficient or a credit limit be crossed, purchasing by instalment would not be possible. The dealer then reserves the right to offer an alternative method of payment.

The purchase agreement concluded is between the customer and the dealer. When purchasing by instalment, the customer agrees to pay the purchase price in monthly instalments. Those monthly instalments are payable over a fixed term although the final instalment may differ from previous instalments. The ownership of the goods remains reserved until payment is complete. Claims resulting from the use of this purchase- by-instalment facility are transferred from the dealer to TeamBank AG within the framework of an ongoing factoring agreement. Payments to discharge the debt should be made exclusively to TeamBank AG.

3. Payment by SEPA Direct Debit

A SEPA direct debit mandate issued when a purchase is to be made by instalments, authorises TeamBank AG to collect payments by means of a SEPA direct debit from the bank account specified in the order process.

TeamBank AG will notify the customer by e-mail at least one calendar day prior to the due date of the SEPA direct debit (pre-notification). Collection will not take place prior to the date shown in the pre-notification but will be made shortly thereafter

If there is any reduction in the purchase price between the pre-notification and the due date (for example, by credit notes), the amount billed may differ from the amount specified in the pre-notification.

The customer must ensure that his or her current account has sufficient funds to cover the instalment. The bank or financial institution in question is not obliged to pay the direct debit if there are insufficient funds in the specified account.

Should there be insufficient funds to cover payment or if a customer has raised an unauthorised objection or if the specified account has been closed, the customer will deemed to be in be in arrears (with no separate reminder sent) unless the returned debit note resulted from a circumstance outside the customer’s control.

Fees resulting from a debit note being returned by a customer’s bank or financial institution to TeamBank AG will be forwarded to and must be settled by the customer. If the customer remains in default, TeamBank AG is entitled to charge an appropriate reminder fee or interest on arrears at a rate of five percentage points above the European Central Bank’s respective base rate.

Due to the high costs involved with returned debit notes, we request customers do not cancel any SEPA direct debit order should there be a case of withdrawal from the purchase contract, a return or a complaint. In such cases, and in consultation with the dealer, the transaction will be repaid by payment reversal of the corresponding amount or by credit note.

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