Terms of service

General Terms and Conditions

from

Grunemeyer Hydraulics
Chris Grunemeyer
Westersteder Str. 28
26345 Bockhorn


Our deliveries, services, and offers are made on the basis of these terms and conditions. By placing an order, the buyer agrees to these contractual terms.

§ 1 Conclusion of Contract and Reservation of Amendments

(1) The conclusion of the contract is governed by eBay's General Terms and Conditions, in particular § 9 thereof. We act as entrepreneurs in accordance with § 14 of the German Civil Code (BGB). However, this does not exclude private sales outside of our business operations; such sales are clearly indicated within the respective offer. These Terms and Conditions do not apply to private sales.

(2) Our performance obligation is subject to the availability of corresponding stock or timely delivery by our suppliers. We reserve the right to deliver technically and visually equivalent items in place of goods that cannot be supplied.

(3) Our online catalog outside of auctions is non-binding and does not constitute a legal offer.

§ 2 Buyer's Duty to Provide Information

(1) The buyer is obliged to provide only truthful information regarding data important for our business relationship (e.g., name, address, email address, consumer status) and to promptly notify us of any changes to this data that occur during the course of the business relationship. Incorrect information entitles us to withdraw from the contract.

(2) The buyer guarantees that the email address provided by them is accessible. If the receipt of emails is prevented due to forwarding, deactivation, or overfilling of the account, we reserve the rights pursuant to paragraph (1).

§ 3 Right of Return

(1) The buyer may return the received goods without giving any reason within two weeks by sending the goods back. The period begins no earlier than upon receipt of the goods and the instruction about this right of withdrawal. Only for goods that cannot be shipped by parcel (e.g., bulky items) may the buyer declare the return by requesting withdrawal in text form (e.g., by letter, fax, or e-mail). To meet the deadline, it is sufficient to send the goods or the withdrawal request in time. In any case, the return shipment is at our expense and risk. The return or withdrawal request must be sent to:
Grunemeyer Hydraulics
Chris Grunemeyer
Westersteder Str. 28
26345 Bockhorn

(2) In the event of a valid return, the services received by both parties must be returned, and any benefits derived (e.g., usage advantages) must be surrendered. Compensation for diminished value may be claimed in case of deterioration of the goods. This does not apply if the deterioration of the goods is solely due to their inspection—as would have been possible, for example, in a retail store. The buyer can avoid the obligation to compensate for diminished value by refraining from using the goods as an owner would and by avoiding anything that impairs their value.

(3) If the buyer is an entrepreneur, the above provisions do not apply; if the goods are free of defects, the buyer is neither entitled to a right of withdrawal nor a right of return.

§ 4 Prices

(1) Unless otherwise agreed, the prices listed in our online product description shall apply.

(2) The prices include the German value-added tax (VAT) applicable at the time of the order, plus the flat-rate shipping costs specified in the order. For deliveries to countries outside the European Union, the price is reduced by the amount of the German VAT. In such cases, the buyer is responsible for paying any customs duties and import VAT incurred upon importation. The buyer shall indemnify us against any claims in this regard.

(3) If partial deliveries are made at the buyer's request, the buyer shall bear the additional costs incurred as a result.

§ 5 Deliveries, Force Majeure

(1) The delivery times mentioned in our online description are non-binding unless expressly agreed otherwise. If non-binding delivery times are exceeded by more than two weeks, we will inform the buyer immediately. If the delay exceeds two weeks, the buyer is entitled to notify us of their withdrawal from the order. This declaration by the buyer must be made within one week; otherwise, the new non-binding delivery time is deemed approved.

(2) Temporary delivery obstacles due to force majeure (e.g., war, trade restrictions, strikes, traffic disruptions) and other unforeseeable events beyond our control entitle us to delay delivery until such obstacles have been removed. We will promptly inform the buyer of the existence of such an obstacle. If the obstacle persists for more than two weeks beyond our regular delivery periods, both we and the buyer are entitled to withdraw from the contract with reasonable notice.

§ 6 Delay in Acceptance

If we withdraw from the contract due to the buyer's default in acceptance, and the other legal requirements are met, we are entitled to claim a flat-rate compensation amounting to 25% of the agreed net invoice value. The assertion of a higher actual damage remains reserved. The buyer has the right to prove that no damage or a lesser damage has occurred.

§ 7 Payment

(1) Our invoices are payable in advance, unless otherwise agreed.

(2) Payment is to be made within two weeks of receipt of our order confirmation. The decisive factor is the time at which the payment is received by us. In the event of a deadline being exceeded, we are entitled to withdraw from the contract and refund the amount paid.

(4) The buyer may only exercise a right of retention if their counterclaim arises from the same contractual relationship. The buyer is entitled to set off only if their counterclaim has been legally established or acknowledged by us.

§ 8 Warranty

(1) All visual representations of the goods in our online presentation are for illustrative purposes only. They do not necessarily depict the respective item exactly as it is, but serve solely for illustration. The items may differ from the images. The technical description of the items is authoritative.

(2) Drawings, illustrations, technical data, weight, dimension, and performance descriptions are to be understood as approximate values and are only binding if we expressly designate them as binding in writing. Statements regarding the condition are only guaranteed within the meaning of § 443 BGB if we explicitly declare a corresponding guarantee in writing. Changes to the condition of the items prior to delivery are reserved, provided they do not affect the quality of the goods or only do so to a minor extent. Otherwise, only the manufacturer's product description is considered the agreed condition of the goods, not descriptions in public statements, endorsements, or advertising measures.

(3) In the case of defective goods, we shall, at our discretion, provide subsequent performance either by remedying the defect or by delivering defect-free goods.

Obvious defects of the goods must be reported to us in writing within 2 weeks of receipt; otherwise, our warranty obligations shall lapse. Transport damages must be complained about to the carrier upon delivery or reported and recorded at the post office within 7 days. In the case of significant transport damages, acceptance of the goods must be refused.

For every complaint regarding defects, the buyer must return the disputed goods to us along with all accessories, a copy of the delivery note with which the goods were delivered, and a detailed description of the defect. The goods must be returned in the original packaging or in suitably appropriate packaging at our expense.

If the buyer is a business entity, the inspection and notification obligations pursuant to § 377 HGB apply; it is presumed that a bilateral commercial transaction exists.

(5) If the buyer is a consumer, the warranty period is 2 years for newly manufactured goods and 1 year for used goods, starting from the delivery of the goods. If the buyer is a business, the warranty period for newly manufactured goods is reduced to 1 year; the warranty for used goods is excluded.

(6) No warranty is assumed for damages resulting from inappropriate or improper use, faulty assembly or commissioning by the buyer or third parties, natural wear and tear, faulty or negligent handling, unsuitable operating materials, failure to observe operating and maintenance instructions, as well as improper modifications or repair work carried out by the buyer or third parties.

(7) If the goods continue to be used despite knowledge of a defect, we are only liable for the original defect, but not for any damages that have arisen from the continued use.

§ 9 Liability

We are fully liable for damages resulting from breaches of contractual and non-contractual obligations in cases of fraud, intent, and gross negligence. If we negligently breach an essential contractual obligation, our liability for damages is limited to the typical, foreseeable damage arising from the contract. The same applies to breaches of duty by our vicarious agents. Further claims are excluded. Our liability under the Product Liability Act, from a guarantee, or for personal injury remains unaffected.

§ 10 Retention of Title

Until full payment of the purchase price has been made, our goods remain our property. If the reserved goods are combined with other goods, we acquire co-ownership of the new item in proportion to the invoice value of our goods relative to the invoice value of the other combined goods. The buyer stores the reserved goods or the item in which we hold co-ownership free of charge on our behalf. Pledging or transferring security interests in the goods owned or co-owned by us is not permitted. In the event of third-party access to the reserved goods, the buyer shall indicate our ownership and notify us immediately. The buyer hereby assigns to us, as security, all claims arising from resale or any other legal grounds (insurance, tort) concerning the reserved goods in full.

§ 11 Prohibition of Assignment

The assignment of any claims or demands against us to third parties is excluded unless we expressly consent to the assignment in writing. We are obliged to consent if the buyer demonstrates a legitimate interest in the assignment. The prohibition of assignment also applies to warranty claims.

§ 12 Data Protection

We are entitled to store and process the data received in connection with the business relationship concerning the buyer, whether these originate from the buyer themselves or from third parties, in accordance with data protection laws, insofar as they are necessary for the business relationship. The data will only be disclosed to third parties with the buyer's consent, except in cases of legal or official reporting obligations.

§ 13 Final Provisions

(1) The law of the Federal Republic of Germany shall apply to the business relationship with the buyer, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(2) The place of jurisdiction shall be the Local Court of Brake (26919 Brake), insofar as this is legally permissible.

(3) If any of the preceding provisions are wholly or partially invalid, this shall not affect the validity of the remaining clauses or parts thereof.

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