Terms and Conditions

Table of Contents

1. Scope of Application
2. Conclusion of the Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Statutory Warranty Rights)
8. Liability
9. Special Conditions for the Processing of Goods According to Customer Specifications
10. Governing Law
11. Alternative Dispute Resolution

1. Scope of Application

1.1 These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) of Nouri Kamshouri und Grabowski GbR (hereinafter referred to as the “Seller”) apply to all contracts for the supply of goods concluded between a consumer or a business customer (hereinafter referred to as the “Customer”) and the Seller in respect of the goods displayed by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby expressly rejected unless otherwise agreed.

1.2 For the purposes of these Terms and Conditions, a “consumer” is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or independent professional activity.

1.3 For the purposes of these Terms and Conditions, a “business customer” is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in the course of their trade, business or independent professional activity.

1.4 If the Customer is based in Switzerland or Liechtenstein and uses a billing and delivery address provided by MeinEinkauf AG, Fürstenlandstrasse 35, 9000 St. Gallen, Switzerland (hereinafter referred to as “MeinEinkauf”), the following terms shall apply on the understanding that MeinEinkauf, rather than the Seller, becomes the Customer’s contractual partner. In this case, the Seller acts solely as an intermediary between the Customer and MeinEinkauf and does not itself become a party to the purchase contract. The Customer is expressly informed of this in the Seller’s online shop. In such cases, MeinEinkauf is responsible for handling the contract. The Seller handles correspondence with the Customer on behalf of MeinEinkauf. This also applies to correspondence concerning any problems with contractual performance, particularly where the Customer asserts rights relating to defective goods.

2. Conclusion of the Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller but are intended to enable the Customer to submit a binding offer.

2.2 The Customer may submit an offer using the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer in respect of the goods contained in the shopping cart by clicking the button that completes the ordering process. The Customer may also submit an offer to the Seller by email, via the online contact form or by post.

2.3 The Seller may accept the Customer’s offer within five days:

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), in which case receipt of the order confirmation by the Customer is decisive; or
• by delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive; or
• by requesting payment from the Customer after the Customer has placed the order.

If more than one of the above alternatives occurs, the contract is concluded at the time when the first of these alternatives takes place. The period for accepting the offer begins on the day following the day on which the Customer sends the offer and ends upon expiry of the fifth day following dispatch of the offer. If the Seller does not accept the Customer’s offer within this period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment will be processed through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal User Agreement available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or, if the Customer does not have a PayPal account, subject to the terms for payments without a PayPal account available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the moment the Customer clicks the button that completes the ordering process.

2.5 When an order is placed using the Seller’s online order form, the Seller stores the contract text after conclusion of the contract and sends it to the Customer in text form (e.g. email, fax or letter) after the Customer has submitted the order. The Seller does not make the contract text available in any other way. If the Customer has created a user account in the Seller’s online shop before submitting the order, the order details are archived on the Seller’s website and can be accessed by the Customer free of charge through their password-protected user account using the relevant login credentials.

2.6 Before submitting a binding order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. The browser’s zoom function, which enlarges the on-screen display, may be a useful technical means of identifying input errors more easily. During the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 The German language is available for the conclusion of the contract.

2.8 Orders are generally processed automatically by email. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at that address.

3. Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal is provided in the Seller’s Withdrawal Policy.

4. Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices inclusive of statutory value added tax (VAT). Any additional delivery and shipping costs are stated separately in the relevant product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These may include, for example, charges levied by financial institutions for transferring money (e.g. transfer fees or currency conversion fees) or import duties and taxes (e.g. customs duties). Such costs relating to money transfers may also arise if the goods are not delivered to a country outside the European Union but the Customer makes the payment from a country outside the European Union.

4.3 The available payment method or methods are communicated to the Customer in the Seller’s online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately upon conclusion of the contract unless the parties have agreed on a later payment date.

4.5 If a payment method offered through the “PayPal” payment service is selected, payment will be processed through PayPal, which may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods through PayPal under which the Seller provides goods or services before receiving payment from the Customer (e.g. purchase on account or payment by instalments), the Seller assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically identified to the Customer. Before accepting the Seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a creditworthiness check using the Customer data provided. The Seller reserves the right to refuse the Customer’s selected payment method if the outcome of the check is negative. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the Customer can discharge their payment obligation only by paying PayPal or the payment service provider commissioned by PayPal. Even if the payment claim is assigned, the Seller remains responsible for general Customer enquiries, for example concerning goods, delivery times, shipping, returns, complaints, withdrawal notices and returned goods, or credit notes.

4.6 If the “Sofortüberweisung” (instant bank transfer) payment method is selected, payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter referred to as “Klarna”). To pay the invoice amount using “Sofortüberweisung”, the Customer must have an online banking account enabled for participation in “Sofortüberweisung”, authenticate themselves accordingly during the payment process and confirm the payment instruction. Klarna then executes the payment transaction immediately and debits the Customer’s bank account. Further information on the “Sofortüberweisung” payment method is available at https://www.klarna.com/sofort/.

4.7 If a payment method offered through the “Shopify Payments” payment service is selected, payment will be processed by Shopify International Limited, Victoria Buildings, 2nd Floor, 1–2 Haddington Road, Dublin 4, D04 XN32, Ireland (“Shopify”). The individual payment methods offered through Shopify Payments are communicated to the Customer in the Seller’s online shop. Shopify may use additional payment services to process payments; these services may be subject to special payment terms, which may be communicated separately to the Customer where applicable. Further information on “Shopify Payments” is available at https://www.shopify.com/legal/terms-payments/de.

4.8 If a payment method offered through the “Apple Pay” payment service is selected, payment will be processed by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland (“Apple”). The individual payment methods offered through Apple Pay are communicated to the Customer in the Seller’s online shop. Apple may use additional payment services to process payments; these services may be subject to special payment terms, which may be communicated separately to the Customer where applicable. Further information on Apple Pay is available at https://www.apple.com/de/apple-pay/.

4.9 If a payment method offered through the “Google Pay” payment service is selected, payment will be processed by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). The individual payment methods offered through Google Pay are communicated to the Customer in the Seller’s online shop. Google may use additional payment services to process payments; these services may be subject to special payment terms, which may be communicated separately to the Customer where applicable. Further information on Google Pay is available at https://pay.google.com/intl/de_de/about/.

4.10 If a payment method offered through the “Klarna” payment service is selected, payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter referred to as “Klarna”). Further information and Klarna’s applicable terms and conditions are available here:

https://granori.de/policies/shipping-policy

5. Delivery and Shipping Conditions

5.1 If the Seller offers to ship the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified during the Seller’s order processing procedure is decisive for the execution of the transaction.

5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the initial delivery costs if the Customer validly exercises their right of withdrawal. If the Customer validly exercises their right of withdrawal, the provisions on return shipping costs set out in the Seller’s Withdrawal Policy shall apply.

5.3 If the Customer acts as a business customer, the risk of accidental loss of or accidental damage to the goods sold passes to the Customer as soon as the Seller hands the goods over to the forwarding agent, carrier or other person or organisation designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss of or accidental damage to the goods sold generally passes to the Customer only when the goods are handed over to the Customer or a person authorised to receive them. By way of exception, even where the Customer acts as a consumer, the risk of accidental loss of or accidental damage to the goods sold passes to the Customer as soon as the Seller hands the goods over to the forwarding agent, carrier or other person or organisation designated to carry out the shipment if the Customer has commissioned that forwarding agent, carrier, person or organisation to carry out the shipment and the Seller has not previously identified that forwarding agent, carrier, person or organisation to the Customer.

5.4 If the Customer acts as a consumer resident in Germany or as a business customer, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the Seller by its supplier. This applies only if the Seller is not responsible for the failure to deliver and has, with due care, concluded a specific covering transaction with the supplier. The Seller will make all reasonable efforts to procure the goods. If the goods are unavailable or only partially available, the Customer will be informed without undue delay and any consideration already paid will be refunded without undue delay.

5.5 If the Seller offers goods for collection, the Customer may collect the ordered goods at the address specified by the Seller during the business hours stated by the Seller. No shipping costs will be charged in this case.

6. Retention of Title

If the Seller delivers goods before receiving payment, the Seller retains title to the goods delivered until the purchase price owed has been paid in full.

7. Liability for Defects (Statutory Warranty Rights)

Unless otherwise provided below, the statutory provisions governing liability for defects apply. The following deviations apply to contracts for the supply of goods:

7.1 If the Customer acts as a business customer:

• the Seller may choose the form of subsequent performance (remedy of defects);
• for new goods, the limitation period for claims based on defects is one year from delivery of the goods;
• for used goods, claims based on defects are excluded; and
• the limitation period does not begin anew if replacement goods are supplied under the provisions governing liability for defects.

7.2 The limitations of liability and reductions of limitation periods set out above do not apply:

• to claims by the Customer for damages or reimbursement of expenses;
• where the Seller has fraudulently concealed a defect;
• to goods that have been used for a building in accordance with their customary purpose and have caused the building to be defective; or
• to any obligation of the Seller to provide updates for digital products under contracts for the supply of goods with digital elements.

7.3 Furthermore, in the case of business customers, the statutory limitation periods for any statutory right of recourse remain unaffected.

7.4 If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (Handelsgesetzbuch – HGB), the commercial duties of inspection and notification of defects under Section 377 HGB apply. If the Customer fails to comply with the notification obligations set out therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, they are requested to report any obvious transport damage to the delivery company and to inform the Seller accordingly. Failure to do so has no effect whatsoever on the Customer’s statutory or contractual rights relating to defective goods.

8. Liability

The Seller’s liability to the Customer for claims for damages and reimbursement of expenses arising from contractual, quasi-contractual and statutory obligations, including tort, shall be governed by the following provisions:

8.1 The Seller is liable without limitation on any legal basis:

• in cases of intent or gross negligence;
• in cases of intentional or negligent injury to life, limb or health;
• under a guarantee given by the Seller, unless otherwise provided in that guarantee; and
• under mandatory statutory liability provisions, such as the German Product Liability Act (Produkthaftungsgesetz).

8.2 If the Customer acts as a consumer resident in Germany or as a business customer, the following limitations of liability apply:

If the Seller negligently breaches a material contractual obligation, its liability is limited to the foreseeable damage typical of the contract, unless the Seller is liable without limitation under Clause 8.1 above. Material contractual obligations are obligations imposed on the Seller by the contract which are essential to achieving the purpose of the contract, the fulfilment of which makes proper performance of the contract possible in the first place and on compliance with which the Customer may regularly rely. In all other respects, the Seller’s liability is excluded unless the Seller is liable without limitation under Clause 8.1 above.

8.3 The above liability provisions also apply to the Seller’s liability for its vicarious agents and legal representatives.

9. Special Conditions for the Processing of Goods According to Customer Specifications

9.1 If, under the contract, the Seller is required not only to supply goods but also to process them according to particular specifications provided by the Customer, the Customer must provide the Seller with all content required for such processing, including text, images or graphics, in the file formats, layouts, image dimensions and file sizes specified by the Seller and must grant the Seller the necessary rights to use that content. The Customer alone is responsible for obtaining the content and acquiring the rights to it. The Customer declares and accepts responsibility for having the right to use the content provided to the Seller. In particular, the Customer must ensure that the use of the content does not infringe any third-party rights, especially copyright, trademark rights or personality rights.

9.2 The Customer shall indemnify the Seller against claims brought by third parties against the Seller in connection with an infringement of their rights arising from the Seller’s contractual use of content supplied by the Customer. The Customer shall also bear the necessary costs of legal defence, including all court costs and lawyers’ fees at the statutory rates. This does not apply if the Customer is not responsible for the infringement. If a third party brings a claim against the Seller, the Customer must promptly provide the Seller with all information required to assess the claim and prepare a defence, truthfully and in full.

9.3 The Seller reserves the right to reject processing orders if the content provided by the Customer for this purpose violates statutory or official prohibitions or accepted standards of morality. This applies in particular to content that is hostile to the constitutional order, racist, xenophobic, discriminatory, offensive, harmful to minors and/or glorifies violence.

10. Governing Law

All legal relationships between the parties are governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. In the case of consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

11. Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration or conciliation body.