General Terms and Conditions
§1 Scope of application
(1) The following general terms and conditions shall apply to all business dealings between Edition Gruber GmbH and its customers in their version valid at the time the contract is concluded as long as they refer to business transactions handled electronically.
(2) These general terms and conditions shall be exclusively applicable. We do not recognize conditions conflicting with, or deviating from, our terms and conditions, unless – in any specific cases – Edition Gruber GmbH has explicitly agreed in writing to acknowledge them.
§2 Conclusion of the contract
(1) The description of our range of goods as offered by us on the Internet merely serves to inform the customer. It is not to be considered an offer for concluding a contract according to §145 BGB (German Civil Code). Contractual obligations to be fulfilled by Edition Gruber GmbH – such as for instance a delivery guarantee – do not arise therefrom.
(2) An order sent to Edition Gruber GmbH by the customer qualifies as an offer to conclude a contract on the part of the customer. Edition Gruber GmbH can either accept this offer by sending an order confirmation via email within the period of two weeks or by sending the goods ordered within the same period of time. In case some of the descriptions or specifications concerning the products stated on the website are faulty, Edition Gruber GmbH shall inform the customer after receipt of the order separately about this issue and submit an adequate counteroffer.
§3 Right of revocation
(1) The customer may revoke his contract declaration within a period of 14 days in written form (e.g. by letter, fax, email) without stating any reasons or – in case the goods have been supplied to him before the expiry of this recocation period – by returning the goods. The revocation period starts following receipt of this declaration in written form, however not prior to the receipt of the goods by the recipient (in case of recurring deliveries of similar goods not before the receipt of the first partial delivery) and not prior to our fulfilling the obligation to supply information according to Article 246 §2 in conjunction with §1 (1) and (2) EGBGB (Introductory Act to the German Civil Code) and our fulfilling the obligations according to the first sentence of §312e (1) BGB (German Civil Code) in conjunction with Article 246 §3 EGBGB (Introductory Act to the German Civil Code).
(2) Timely dispatch of the revocation or the goods shall suffice to meet the revocation deadline. Please send the revocation to:
Edition Gruber GmbH
72108 Rottenburg a.N.
Phone: +49. (0)7472.9864888
§4 Consequences of revocation
(1) In the event of a valid revocation the goods and payments received by both parties to the transaction are to be returned and possible benefits gained (such as e.g. interest) are to be surrendered. In case the customer cannot return the goods received completely or partially or can only return the goods in worse condition to Edition Gruber GmbH, the customer may be obliged to supply appropriate compensation. This does not apply to the permission to use the goods if the depreciation of the goods in question can merely be attributed to their inspection such as would have been possible in a retail shop.
(2) Moreover, the customer can avoid being obliged to provide compensation for the depreciated value of the goods in question caused by making use of the goods as intended if he does not use the goods as if they were his property and refrains from any action that would diminish their value.
(3) Goods consignable by parcel shipment are to be returned at the risk of Edition Gruber GmbH. The customer shall be obliged to bear the costs of the return shipment if the goods delivered correspond to the goods ordered and if the price of the goods to be returned does not exceed the amount of € 40 or if the customer, in case of a higher price of the goods, has not yet effected payment or a partial payment as agreed upon by contract at the time of the revocation. In any other case, the return shipment shall be free of charge for the customer. Goods that cannot be returned by parcel shipment shall be collected at the customer´s place.
(4) Obligations to refund payments must be met within a period of 30 days. For the customer, this period shall begin upon dispatch of the revocation declaration, for Edition Gruber GmbH upon receipt of the latter.
§5 Delivery of the goods ordered
(1) Edition Gruber GmbH shall effect shipment of the goods ordered to the address stated in the customer´s order as soon as possible.
(2) The customer shall be charged with the shipping costs of the individual consignments the amount of which has been specified by Edition Gruber GmbH.
(3) Details on delivery periods stated are non-binding unless expressly otherwise agreed.
§6 Retention of title
The goods delivered shall remain the property of Edition Gruber GmbH until full payment has been made.
§7 Maturity and payment
(1) Payment of the purchase price is due upon conclusion of contract.
(2) Payment is to be effected using the method chosen by the customer when ordering the goods.
(3) If the customer is in default of payment, Edition Gruber GmbH shall be entitled to charge the customer with default interest of 5% p.a. above the basic interest rate according to §1 of the Discount Rate Transition Act of 9 June 1998 (Federal Law Gazette (BGBI.) , Part I, p. 1242).
(4) The customer shall only be entitled to offset counterclaims that are either uncontested or have been recognized by declaratory judgement.
§8 Warranty and liability
(1) For the duration of the warranty period, Edition Gruber GmbH shall be liable for defects already existing upon delivery of the goods.
(2) The warranty period for antiquarian articles as well as facsimiles and originals lasts twelve months.
(3) The customer shall first have the choice as to whether the subsequent remedy is to take place by means of repair or replacement. Edition Gruber GmbH, however, shall be entitled to refuse the type of subsequent remedy chosen by the customer in case it can only be provided at unreasonably high costs and the alternative remedy option does not entail any considerable disadvantage for the customer. While remedy measures are being carried out, the reduction of the purchase price or a withdrawal from the contract by the customer shall be excluded. A subsequent remedy shall be considered as having failed after the second unsuccessful attempt, unless a different situation arises due to the type of article or defect or the other circumstances. In case the subsequent remedy has failed or Edition Gruber GmbH has refused to carry out the subsequent remedy as a whole, the customer shall be entitled to opt for either a reduction of the purchase price or a withdrawal from the contract.
(4) Claims for damages with respect to defective goods may be brought forward by the customer only if subsequent remedy has failed or has been refused by Edition Gruber GmbH, without affecting the customer´s right to claim further damages according to the conditions following hereafter.
(5) Notwithstanding the aforementioned provisions and the following restrictions on liability, Edition Gruber GmbH shall bear unlimited liability for damages or injuries to life, body and health caused by a negligent or intentional violation of duties on the part of Edition Gruber GmbH´s legal representatives, vicarious agents or assistants, as well as for damages covered by liability as specified by the German Product Liability Act (Produkthaftungsgesetz), as well as for any damages resulting from a breach of contract caused willfully or by gross negligence or fraudulent intent by Edition Gruber GmbH´s legal representatives, vicarious agents or assistants. Provided Edition Gruber GmbH has provided a quality and/or durability guarantee regarding all, or part of, the goods, Edition Gruber GmbH can also be held liable within the framework of this guarantee. In case of damages or defects based on a lack of the quality or durability guaranteed which do not directly affect the goods, Edition Gruber GmbH shall only be liable in the event that the risk of such damage is clearly covered by the quality and durability guarantee.
(6) Edition Gruber shall also be liable for damages arising from plain negligence insofar as this negligence pertains to the breach of such contractual obligations whose compliance is of particular significance to the achievement of the purpose of the contract (cardinal obligations). Nevertheless, Edition Gruber shall only be liable in case the damages are typically related to the contract and foreseeable. Yet, Edition Gruber GmbH shall not be liable for simple negligent violations of ancillary duties which are not of vital important to the contract. The liability restrictions contained in sentences 1 - 3 shall also apply insofar as the legal representatives, executive employees and other vicarious agents or assistants are concerned.
(7) Any further liability shall be excluded irrespective of the legal nature of the asserted claim. Insofar as the liability of Edition Gruber GmbH is excluded or limited, the same shall hold good for the personal liability of Edition Gruber GmbH´s employees, staff members, representatives or vicarious agents or assistants.