Free shipping in Germany, Austria & Switzerland for orders over €50

Free shipping in DE, AT & CH for orders over €50

Terms of service

General Terms and Conditions for the Online-shop of Grau GmbH

1 General Scope
    1. For the business relationship between us, Grau GmbH, Siemensstraße 35b, 25462 Rellingen, AG Pinneberg HRB 4595 (hereinafter: "Seller") and specialist dealers or end customers (hereinafter: "Customers"), who order goods via the online sales platform at the internet address www.grau.art & pro.grau.art (hereinafter: "Online-shop"), exclusively the following General Terms and Conditions (hereinafter: "GTC") apply. The following GTC do not apply to orders placed outside the GRAU and GRAU Pro Online Shops.
    2. Unless individual provisions expressly apply only to consumers or entrepreneurs, these apply equally to both. For the purposes of these GTC, consumers are natural persons who enter into a business relationship without being attributed a commercial or independent professional activity (cf. § 13 BGB). Entrepreneurs are natural or legal persons or legally capable partnerships who enter into a business relationship and act in the exercise of a commercial or independent professional activity (cf. § 14 BGB).
    3. Contracts with the customer are concluded exclusively in German or English, depending on whether the customer places the order via the German-language or English-language side of the webshop. If the customer places the order via the German-language webshop, then the German version of these General Terms and Conditions is exclusively authoritative. If the order is placed via the English-language webshop, the English version of these General Terms and Conditions is authoritative, whereby in case of interpretative questions regarding the English version, the German version is binding.
    4. Customer's terms and conditions only apply insofar as they do not contradict the following conditions. This also applies in the case of unconditional delivery by the seller despite knowledge of opposing or contradictory conditions of the customer.
    2 Offer, Conclusion of Contract
      1. The presentation and advertising of products in the Seller's Online-shop do not constitute a binding offer to conclude a purchase contract, but only a non-binding invitation to order; errors in the presentation remain reserved. The seller reserves the right to make commercial deviations from the images and descriptions in the Online-shop, as well as deviations due to legal requirements or technical improvements, and the replacement of components with equivalent parts, provided they do not impair usability for the contractually intended purpose.
      2. By submitting an order via the Online-shop by clicking the button "Order now with obligation to pay" (in the GRAU Pro shop for dealers "Order"), the customer places a legally binding order. The customer is bound to the order for a period of two (2) weeks after placing the order; any right of the consumer to withdraw from the order pursuant to § 3 remains unaffected.
      3. Before placing the order, it is necessary for the customer to acknowledge the GTC as well as the cancellation policies. In addition, the customer receives from the seller an overview of the information they have provided Information and the possibility to correct any input errors.
      4. The seller will immediately confirm the receipt of the order placed via the online shop by e-mail. Such an e-mail does not yet constitute a binding acceptance of the order, unless it simultaneously declares acceptance along with the confirmation of receipt.
      5. A contract is only concluded when the seller accepts the customer's order by delivering the ordered items or by issuing a declaration of acceptance. In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the contractual terms including the General Terms and Conditions (GTC) will be sent to the customer by the seller on a durable medium (e-mail or paper printout). The contract text will not be stored by the seller after the contract is concluded.
      6. If delivery of the goods ordered by the customer is not possible, for example because the goods are permanently unavailable, the seller will refrain from issuing a declaration of acceptance. In this case, no contract is concluded. The seller will inform the customer immediately and refund any payments already received without delay.
      3 Right of Withdrawal
        1. If the customer is a consumer, they have a right of withdrawal in accordance with the statutory provisions.
        2. If the customer as a consumer exercises their right of withdrawal according to item 1, they shall bear the regular costs of return shipping.
        3. Otherwise, the regulations for the right of withdrawal are those detailed in the following

        Withdrawal Instructions

        Right of Withdrawal

        You have the right to withdraw from this contract within fourteen days without giving any reason.

        The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

        To exercise your right of withdrawal, you must inform us

        Grau GmbH
        Siemensstraße 35b
        25462 Rellingen
        Telephone: +49 4101 370-0
        Fax: +49 4101 370-1000
        E-mail: support@grau.art

         

        by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You may either write the withdrawal yourself or use the model withdrawal form provided to you here.

        To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

        Consequences of Withdrawal

        If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the additional costs arising from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we receive the notification of your withdrawal from this contract. We will use the same means of payment for this reimbursement as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earlier.

        You have to return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.

        You bear the direct costs of returning the goods.

        You are only liable for any loss in value of the goods if this loss in value is due to handling the goods in a way that was not necessary to check their condition, properties, and functioning.

        End of the cancellation policy

        The right of withdrawal does not apply to distance contracts

        1. for the delivery of goods that are made to customer specifications or are clearly tailored to personal needs or that, due to their nature, are not suitable for return or may perish quickly or whose expiry date would be exceeded,
        2. for the delivery of audio or video recordings or software if you have unsealed the delivered data carriers.
        4 Delivery Conditions
        1. The shipment of goods takes place to countries that can be selected during the ordering process. For deliveries outside this delivery area, the customer is asked to send a request to info@grau.art.
        2. The seller is entitled to make partial deliveries as far as this is reasonable for the customer, especially if the partial delivery is usable by the customer within the contractual purpose and does not cause the customer significant additional effort or costs.
        3. The dispatch of the goods takes place after payment of the full amount using one of the offered payment methods within the delivery time specified on the respective product page.
        5 Prices, Shipping Costs
        1. The price information in the online shop depends on the delivery country. Within the EU, local prices including local VAT are displayed. In delivery areas outside the EU, net prices are displayed. Prices are exclusive of any applicable shipping costs. The shipping costs are broken down as follows:
        2. Consumer orders are within Germany free of shipping costs from an order value of 50 €.
        3. For all other orders, we charge consumers a flat shipping fee according to the table posted at the provided table. Trade customers can find their shipping costs in the overview posted in the GRAU Pro shop.
        4. The price including VAT and any applicable shipping costs is shown to the customer in the order form before submitting the order.
        5. If the seller fulfills the order according to § 4 para. 1 by partial deliveries, any shipping costs incurred will only be charged to the customer for the first partial delivery. If the partial deliveries are made at the customer's request, the seller charges the shipping costs incurred for each partial delivery.
        6. If the customer effectively revokes their contractual declaration according to § 3, they may claim reimbursement of already paid costs for shipping to them (outbound shipping costs) under the legal conditions (see also other consequences of withdrawal § 3 para. 3).
        6 Payment Terms and Set-off and Right of retention
          1. End customers can pay the purchase price and shipping costs at their choice by credit card, PayPal, Google Pay, Klarna purchase on account, and ApplePay.
          2. Specialist dealers are exclusively offered the option of purchase on account.
          3. The customer is not entitled to offset against claims of the seller unless his counterclaims are legally established or undisputed. The customer is also entitled to offset against claims of the seller if he asserts complaints or counterclaims from the same purchase contract.
          4. The customer may only exercise a right of retention if his counterclaim arises from the same purchase contract.
          7 Retention of title
            1. In contracts with consumers, the seller retains ownership of the goods until full payment of the purchase price and any applicable shipping costs.
            2. In contracts with entrepreneurs, the seller retains ownership of all delivery items – including items provided by the seller for sales promotion or otherwise (flags, displays, furniture, carpets, etc.) – until all claims from the business relationship and all claims from subsequent transactions such as spare parts deliveries and services, including future claims, also from contracts concluded simultaneously or later, have been settled. This also applies if individual or all claims have been included by the seller in a running account and the balance has been drawn and acknowledged. In the case of a running account, the entire reserved goods serve to secure the balance claim.
            3. If the value of the reserved goods exceeds the realizable value of the claims against the entrepreneur by more than 10%, the seller shall, at the customer's request, declare the release of the securities exceeding Height; the seller has the choice of which securities to release. The release declaration must be in writing or text form.
            4. The entrepreneur is obliged to provide written information about the stock of the reserved goods at any time and to treat them carefully.
            5. The entrepreneur may neither pledge the reserved goods nor transfer them as security to third parties. The entrepreneur must immediately inform the seller in writing about any damage, destruction, pledge, seizure, or other dispositions by third parties regarding the reserved goods. The same applies if an application for the opening of insolvency proceedings is filed.
            6. The seller is entitled, in the event of breach of contract by the entrepreneur, especially in the case of default in payment and violation of a duty according to lit. b and c, to withdraw from the contract according to legal provisions and to demand the return of the goods. This also applies if an application for the opening of insolvency proceedings over the assets of the entrepreneur is filed. After declared withdrawal, the seller is entitled to collect the reserved goods and to enter the place of custody or use of the reserved goods for this purpose. The entrepreneur waives the rights that might be granted to him from unlawful self-help.
            7. The entrepreneur is also entitled to resell the reserved goods within the framework of proper business management until revoked (see below). In such a case, the entrepreneur must reserve ownership of the reserved goods vis-à-vis third parties until full payment of the purchase price. The entrepreneur hereby assigns to the seller the claim due to him in the amount of Height of the invoice value of the reserved goods as well as the right to claim delivery in the event of resale. The Seller accepts the assignment. The obligations mentioned in lit. c also apply with regard to the assigned claims.

            The entrepreneur remains entitled to collect the claim alongside the seller. The seller undertakes not to collect the claim as long as the entrepreneur meets his payment obligations, no defect in his performance capability exists, and the seller does not assert the retention of title by exercising a right according to clause 7 lit. d. If this is the case, the seller may demand that the entrepreneur disclose the assigned claims and their debtors, provide all information necessary for collection, hand over the related documents, and notify the debtors (third parties) of the assignment. Furthermore, the seller is entitled to revoke the authorization for further sale and processing of the goods subject to retention of title.

            8 Shipping, Insurance and Transfer of Risk
              1. Unless expressly agreed otherwise, the seller determines the appropriate shipping method and the transport company at his reasonable discretion.
              2. The seller is only liable for the timely and proper delivery of the goods to the transport company and is not responsible for delays caused by the transport company.
              3. If the customer is a consumer, the risk of accidental loss, accidental damage, or accidental destruction of the delivered goods passes to the customer at the time the goods are delivered to the customer or the customer falls into default of acceptance. In all other cases, the risk passes to the customer upon handover of the goods to the transport company.
              9 Warranty
              1. The seller is liable for material or legal defects of delivered items in principle according to the applicable legal provisions, in particular §§ 434 et seq. BGB.
              2. A warranty claim does not exist if a defect is due to improper handling of the goods and/or incorrect assembly (e.g., due to non-compliance with Assembly instructions) and/or commissioning. The same applies if a defect is due to the fact that operating and maintenance instructions were not followed, repairs, modifications, or processing of the delivered goods or parts thereof were made without consent. Furthermore, the liability for defects does not cover natural wear and tear (e.g., tarnishing, abrasion of cables on height-adjustable lamps, etc.).
              3. Any seller guarantees given by the seller for certain items or manufacturer guarantees granted by the manufacturers of certain items are in addition to the claims for material or legal defects within the meaning of paragraph 1. Details of the scope of such guarantees are set out in the guarantee conditions, which may be enclosed with the items.
              4. If the customer is an entrepreneur, only the product description of the seller is generally agreed as the condition of the goods. Public statements, endorsements, or advertising by the seller do not constitute a contractual description of the condition of the goods.
              5. Entrepreneurs have warranty claims against the seller only if they fulfill their duty to inspect and give notice of defects in accordance with §§ 377, 378 HGB and report defects immediately in writing. The assembly instructions and technical information provided to support the entrepreneur based on existing experience to the best of knowledge according to the current state of knowledge do not exempt the entrepreneur from checking the products for their suitability for the intended purpose. to check on their own responsibility.
              6. In dealings with entrepreneurs, the seller initially provides warranty for defects in the goods at their own discretion through rectification or replacement delivery.
              7. If the entrepreneur chooses to withdraw from the contract due to a legal or material defect after unsuccessful subsequent performance, they have no claim for damages against the seller due to the defect. If the entrepreneur opts for damages instead of withdrawal, the delivered goods remain with the entrepreneur if this is reasonable for them. In this case, the claim for damages is limited to the difference between the purchase price and the value of the defective item. This does not apply if the seller has fraudulently concealed a defect or has given a guarantee for the condition.
              8. Any claim of the customer against the seller for reimbursement of costs incurred during subsequent performance according to § 445a BGB only exists insofar as the defective goods were incorporated into or attached to another object according to their nature and intended use. The reimbursement is limited to those expenses of the customer that are foreseeable and calculable for the seller. A special type of use of the goods— for example, involving extraordinary costs of incorporation or attachment—may therefore limit the claim for reimbursement.

              The seller is also entitled to refuse one or both types of subsequent performance if they involve disproportionate costs (this includes, in particular, disproportionate costs for the installation and removal of the defective goods).

              1. Claims for damages or reimbursement of futile expenses exist only according to the provisions of § 10 and are otherwise excluded.
              10 Liability
                1. Unless otherwise provided by these Terms and Conditions including the following provisions, the seller is liable for breach of contractual and non-contractual duties according to the statutory provisions.
                2. The seller is liable for damages—regardless of the legal grounds—within the framework of fault-based liability for intent and gross negligence. In cases of simple negligence, the seller is liable, subject to statutory liability limitations (e.g., care in own affairs; insignificant breach of duty), only
                3. for damages resulting from injury to life, body, or health,
                4. for damages resulting from the breach of a material contractual obligation (an obligation whose fulfillment enables the proper execution of the contract in the first place and on which the contractual partner regularly relies and may rely); in this case, liability is limited to compensation for foreseeable, typically occurring damage.
                5. The liability limitations arising from paragraph 2 also apply to breaches of duty by or for the benefit of persons whose fault the seller is responsible for under statutory provisions. They do not apply if the seller has fraudulently concealed a defect or has assumed a guarantee for the condition of the goods and for claims of the buyer under the Product Liability Act.
                11 Copyrights

                  The seller holds copyrights on all images, films, and texts published in our online shop. Use of the images, films, and texts is not permitted without our express consent.

                  12 Product labeling, sourcing
                    1. Any processing, Change and/or labeling of a product of the seller that could create the impression that it is a product of the customer is not permitted.
                    2. For each case of violation of the obligation in item 1, the entrepreneur shall forfeit a reasonable contractual penalty payable to the seller, to be determined by the seller at their reasonable discretion and, if necessary, subject to the discretion of the competent court, but at least in the amount of EUR 1,500.00 Height. Claims for injunctive relief remain unaffected by such payment.
                    13 Applicable Law and Jurisdiction, Partial Invalidity, Interpretation
                      1. The law of the Federal Republic of Germany applies, excluding the UN Sales Convention. If the customer placed the order as a consumer and at the time of the order has their habitual residence in another country, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.
                      2. If the customer is a merchant within the meaning of the Commercial Code, a legal entity under public law, or a special fund under public law, Hamburg shall be the exclusive – also international – place of jurisdiction for all disputes arising directly or indirectly from this contractual relationship. However, the seller is entitled in all cases to file a suit at the place of performance of the delivery obligation or a prior individual agreement or at the general place of jurisdiction of the customer. Mandatory statutory provisions, in particular exclusive jurisdictions, remain unaffected.
                      3. If a provision in these terms or a provision within the framework of other agreements is or becomes invalid, this shall not affect the validity of all other provisions or agreements. The invalid provision shall be replaced by one that economically corresponds to the contractual purpose.

                      14 Dispute Resolution

                      The EU Commission has established an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court resolution of disputes relating to contractual obligations arising from online purchase contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. The seller is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.


                       15 Black Week Offers 2024

                      The Black Week offers advertised on our website are valid exclusively for selected variants. The offers are valid from November 20th to 27th, 2023 and cannot be combined with other promotions or vouchers.

                        Status: 02/2024