Terms and Conditions and Client Information
I. General Terms and Conditions
1 Basic Provisions
(1) The following terms and conditions apply to the contracts you conclude with us as a supplier via the website http://www.grandpinot.de. Unless agreed otherwise,
you object to the inclusion of your own terms and conditions, if any.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that cannot be primarily attributed to his independent commercial or professional activity.
Entrepreneur is any natural or legal person or company of legal persons who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.
? 2 Formation of the contract
(1) The object of the contract is the sale of goods and/or the provision of repair services.
(2) As soon as the respective product is placed on our website, we make you a binding offer to conclude a contract under the conditions specified in the item description.?
(3) The contract is concluded via the online shopping cart system as follows:
Goods and/or repair services intended for purchase are placed in the “shopping cart”. You can use the corresponding button in the navigation bar to open the “shopping cart” and make changes there at any time.
After calling the “Pay” page and entering your personal data,
as well as the payment and shipping conditions, all order data is displayed again on the order summary page.
If you use an instant payment system (eg PayPal / PayPal Express, Amazon Payments, Sofort) as a payment method,
you will be redirected to the order summary page in our online store or you will first be redirected to the website of the provider of the instant payment system.
If you are forwarded to the respective instant payment system, please make the appropriate selection or enter your details there.
you will be redirected to the order summary page in our online store.
Before submitting the order, you have the option to check all the information again, modify it (also using the “back” function of the Internet browser) or cancel the purchase.
By submitting the order via the “buy” button,
you declare your acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(4) Your inquiries regarding the preparation of an offer are not binding on you. We will make you a binding offer in text form (for example, by email),
which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. Therefore, you must ensure that the email address you have provided to us is correct, the receipt of the email
The emails are technically protected and, in particular, are not protected by SPAM filters.
? 3 custom products
(1) You provide us with the appropriate information, texts or files necessary for the individual design of the products via the online ordering system or by e-
Mail no later than immediately after the conclusion of the contract. Any of our specifications for file formats must be observed.
(2) You agree not to transmit any data whose content infringes the rights of third parties (in particular copyright, naming rights,
trademark rights) or violate existing laws.
You expressly release us from all third party claims asserted in this context. This also applies to the costs of the legal representation required in this context.
(3) We do not verify the accuracy of the content of the transmitted data and assume no liability for errors in this regard.
? 4 Provision of Services for Repairs
(1) Insofar as repair services are part of the contract, we owe the repair work resulting from the service description.
We provide this to the best of our knowledge personally or through third parties.
(2) You are required to cooperate
in particular, you must describe the defect in the device as fully as possible and make the defective device available.
(3) You bear the cost of shipping the defective device.
(4) Unless otherwise stated in the respective offer,
the repair, including delivery of the device for shipment, will be carried out within 5-7 days after receipt of the device to be repaired (if advance payment has been agreed, however, only after the date of your instruction of payment).
(5) Do you exercise your right of withdrawal after ? 648p 1 use of BGB,
we may require 10% of the agreed fee as a flat fee if the execution has not started yet. However, this only applies if there is a legal right of cancellation if you only make use of your right of cancellation after the cancellation period has expired.
You have the right to try
that we actually incurred no costs or the costs were significantly lower?
? 5 Special agreements on the payment methods offered
(1) Credit check
If we make payments in advance, for example by paying on account or by direct debit,
Your data will be passed on to SCHUFA Holding AG
, Komoranweg 5, 65201 Wiesbaden, to protect our legitimate interests in carrying out credit checks on the basis of mathematical-statistical processes. We reserve the right to refuse your direct debit or account payment method as a result of the credit check.
(2) SEPA direct debit (basic direct debit and/or company)
When paying by SEPA central direct debit or by SEPA business direct debit, you authorize us to collect the invoice amount from the specified account by issuing the appropriate SEPA mandate.
Direct debit is charged within 10-
15 days after the conclusion of the contract.
The deadline for sending the pre-notification is reduced to 5 days before the due date. You are required to ensure that the account has sufficient funds on the due date. In case of chargeback due to your fault,
You will be responsible for the bank commission incurred.
? 6 lien,
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) ?The goods remain our property until the purchase price has been paid in full.
(3)? If you are an entrepreneur, the following also applies:
a) We retain ownership of the goods until all claims from the current business relationship have been fully resolved. The pledge or assignment of collateral is not allowed before ownership of the reserved goods has passed.
b) You may resell the goods in the ordinary course of business.
In this case, you already assign us all the credits for the amount of the invoice that correspond to you for the resale, and we accept the assignment. In addition, you are authorized to collect the claim. If you do not adequately meet your payment obligations? comply,
We reserve the right, however,
collect the claim yourself.
c) If the reserved goods are combined and commingled, we acquire co-ownership of the new item in relation to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We commit to
release the guarantees to which we are entitled at your request to the extent that the realizable value of our guarantees exceeds the claim to be guaranteed by more than 10%. We are responsible for selecting the values to release.
? 7 Warranty
(1) Statutory liability rights for defects exist.
(two)? As a consumer,
you are asked to
check the item immediately after delivery for completeness, obvious defects and transport damage and notify us and the carrier of any complaints as soon as possible. Failure to do so will have no effect on your statutory warranty claims.
(3) If you are an entrepreneur,
applies in deviation from the above warranty standards:
a) Regarding the quality of the article, only our own information and the description of the manufacturer’s product shall be considered as agreed, but not other advertisements, public promotions and declarations of the manufacturer.
b)? In case of defects, we offer guarantee,
at our discretion, by repair or subsequent delivery. After a second unsuccessful attempt, the defect correction will be considered unsuccessful,
unless something else arises from the nature of the item or the defect or other circumstances. In the case of rectification,
we do not have to bear the increased costs arising from the transfer of the goods to a place other than the place of performance,
if the shipment does not correspond to the intended use of the goods.
c) ?The warranty period is one year from the delivery of the goods. The term reduction does not apply:
– damages caused negligently to us for injuries to life,
of the body or health and other damage caused intentionally or by gross negligence;
– to the extent that we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
– with things
that have been used for a building in accordance with its normal use and have caused its defect;
– in the event of statutory rights of recourse you have against us in relation to rights based on defects.
? 8 Choice of law
(1) ?German law applies. For consumers, this choice of law only applies
to the extent that this does not withdraw the protection granted by mandatory provisions of the law of the state of habitual residence of the consumer (principle of favourability).
(two)? The provisions of the UN Sales Convention do not expressly apply.
II. Customer information
1. Identity of the Seller
with business address OSA McQuillan ? Accountants and Business Advisers, 69 Main Street, Blackrock, Co Dublin A94 N6D0
Company Complaints Office:?
Alternative conflict resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS
platform) available at https://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations “Conclusion of the contract” of our General Terms and Conditions (Part I)
Contract language, contract text storage
3.1. Is the language of the contract German?
3.2. We do not keep the full text of the contract. Before submitting the order through the online shopping cart system,
Contract data can be printed or saved electronically using the browser’s print function.
After we have received the order, the order data, the information required by law for distance sales contracts and the General Terms and Conditions will be sent to you again by email.
3.3. For requests for quotes outside the web
With the shopping cart system, you will receive all contract data as part of a binding offer in text form, for example by e-mail, which you can print or save electronically.
4. Codes of conduct
4.1. We have the buyer’s stamp.
Quality criteria of Höndlerbund Management AG and thus subject to the Ecommerce Europe Trustmark Code of Conduct, available at: https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatsinstrumente.pdf and https: //www .ecommercetrustmark.eu/the-code-of-conduct/
Essential characteristics of the good or service
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and payment terms
6.1. The prices listed in the respective offers, as well as the shipping costs, represent total prices.
They include all components of the price, including all applicable taxes.
The shipping costs incurred are not included in the purchase price and can be viewed via a correspondingly designated button on our website or in the respective offer,
?are displayed separately during the ordering process and are at your expense, unless free delivery has been promised.
If the delivery is made to countries outside the European Union, additional costs may be incurred for which we are not responsible, such as customs duties,
Taxes or money transfer fees (bank transfer or exchange rate) that are your responsibility?
?The costs incurred for the transfer of money (bank transfer or exchange fees) are at your expense in cases where the delivery is made to an EU member state,
but the payment was initiated outside the European Union.
The payment methods available to you are displayed on a correspondingly designated button on our website or in the respective offer.
6.6. Unless otherwise stated for individual payment methods,
claims for payment of the concluded contract must be paid immediately.
7. Terms of delivery
Existing delivery terms, delivery date and delivery restrictions can be found on a correspondingly designated button on our website or in the respective offer.
If you are a consumer,
it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are delivered to you, regardless of whether the shipment is insured or not. this does not apply
if you have independently commissioned a carrier not named by the contractor or other designated person to carry out the shipment.
If you are an entrepreneur, delivery and shipping are at your own risk.
8. Legal liability for defects
Liability for defects is based on the “Warranty” provision of our General Terms and Conditions (Part I).
9.1.?Information on the termination of the contract and the terms of termination can be found in the rules on “repair services” in our General Terms and Conditions (Part I),
as well as in the respective offer
These General Terms and Conditions and customer information were created by H?ndlerbund lawyers, who specialize in IT law, and are constantly checked for legal compliance.
Höndlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/agb-service.