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| Conditions of Use |
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§ 1 Scope of application
Commercial relations between grosse-cases.de and the customer shall be governed exclusively by the following terms of business, in their currently valid version at the time or ordering.
Any differing conditions applied by the customer shall not be acknowledged, unless the said conditions have been confirmed by us in writing.
The place of processing for the completion of payments shall be the registered office of grosse-cases.de.
Where the customer is a commercial operator, the place of jurisdiction shall be dictated by the competent court for the registered office of grosse-cases.de.
§ 2 Conclusion of contract and withdrawal
The contract shall become effective upon the acceptance of the order, which shall be confirmed by e-mail to the customer.
§ 3 Delivery
Goods in transit shall be insured by grosse-cases.de, such that no costs shall be incurred by the receipient in case of the loss of an order after its dispatch.
Delivery times indicated shall be non-binding, unless a specific and binding delivery date has been negotiated.
§ 4 Due date for settlement, methods of payment and delays
The customer must transfer, in advance, the purchase price within 10 days.
Where the customer fails to complete the settlement by the due date, we shall be entitled to charge interest at 4% above the base rate, in accordance with § 288 para 1 and § 247 para 1 of the German Civil Code [Bürgerliches Gesetzbuch: BGB].
Transactions shall be conducted in Euro (EUR).
Transactions in other currencies shall be agreed in preposition.
§ 5 Right of cancellation
1. Under the terms of §§ 355 and 356 of the BGB, you are entitled to cancel the contract, to be concluded by means of written notification (e.g. by letter, fax or e-mail) within two weeks, with no statement of grounds, or by the return of the goods concerned.
The above time limit shall commence from the receipt of goods, but no earlier than the receipt of the instruction described above.
The application of this time limit shall be secured by the prompt dispatch of notice of cancellation or by the prompt return of goods. Cancellation shall be notified to the address, e-mail or fax at the contact details of grosse-cases.de.
2. Consequences of cancellation: Where cancellation takes effect, the mutual return of goods and services shall be undertaken, and any charges in respect of the utilisation of goods (interest charges) shall be subject to restitution. Where you are unable to return all or part of the goods, or where the goods can only be returned in an imperfect condition, you shall be required to pay compensation in respect of the lost value of the goods concerned.
This provision shall not apply where the deterioration of goods stems solely from the testing of the latter, e.g. on the premises of your retail business.
Loss of value can be avoided if goods are treated as though they were not your own property, and every effort is made to avoid any treatment of goods which will impair their value.
Goods to a total order value of € 40 or more, and which are suitable for posting, may be returned to us at our expense and risk. You are requested to pay the postage of the packages concerned, and the cost will then be refunded to you. We will not accept any packages which are returned postage unpaid.
§ 6 Subsequent delivery
Where a given product is currently unavailable, the order submitted for the said product shall remain in status until the latter becomes available once more.
§ 7 Special offers
Special offers shall only be valid for the period indicated, and shall be subject to the availability of the goods on offer.
§ 8 Retention, offsetting
The exercise by the purchaser of rights of retention or offsetting shall be subject to the confirmation of the legal validity of the purchaser’s counterclaim or to the demonstrable acknowledgement of the latter on our part.
The purchaser shall only exercise a right of retention in accordance with entitlements arising from their existing contractual relations.
§ 9 Retention of ownership
Goods delivered shall remain our property pending the completion of full settlement in respect thereof by the customer.
§ 10 Guarantee and liability
Where the customer lodges an enforceable claim in respect of defective goods, we shall, at our discretion, either repair or replace the goods concerned. If, for whatever reason, repair or replacement is not possible, the customer shall be entitled either to receive a reduction in the purchase price or to withdraw from the contract.
We shall only accept liability for defects in goods as supplied. Compensation claims against ourselves or our agents, on whatever legal grounds, except for claims in respect of injury to life, person or health of the injured party, shall be excluded.
The above provision shall not apply in case of damage arising from wilful action or gross negligence.
Liability shall not be excluded where goods purchased are used in accordance with instructions.
In case of inconsistencies in the Online Shop, the basis of reference to be considered shall be the German text and the prices indicated in Euro (EUR).
§ 11 Safeguard clause
Should specific provisions of the contract, including the present provision, prove to be wholly or partially ineffective, or in case of an omission in the said contract, the validity of the remaining provisions or parts thereof shall not be affected.
Agreement of place of jurisdiction with EU customers contracts concluded with legal or natural persons, or with undertakings under the terms of mercantile law, whose residence or registered office is located within a Member State of the European Union shall be governed by German law.
In respect of these contracts, the place of jurisdiction shall also be dictated by the competent court for the registered office of grosse-cases.de.
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19'' Rack Cases
