Terms of service

Table of Contents

  1. Scope
  2. Conclusion of the Contract
  3. Right of Withdrawal
  4. Prices and Payment Terms
  5. Delivery and Shipping Terms
  6. Retention of Title
  7. Liability for Defects (Warranty)
  8. Liability
  9. Applicable Law
  10. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Björn Möser, operating under "www.graspmonkey.de" (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as "Customer") and the Seller with respect to the goods displayed in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby objected to unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or self-employed professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of the Contract

2.1 The product descriptions in the Seller's online shop do not constitute binding offers from the Seller but serve to submit a binding offer by the Customer.

2.2 The Customer can submit the offer via 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 offer to conclude a contract for the goods in the shopping cart by clicking the button that concludes the order process. Alternatively, the Customer may submit the offer to the Seller by email.

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 the receipt of the order confirmation by the Customer is decisive, or
  • By delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
  • By requesting payment from the Customer after the order has been placed.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 When choosing a payment method offered by PayPal, the payment is processed via 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 PayPal's terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or—if the Customer does not have a PayPal account—subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects a PayPal payment method during the online order process, the Seller declares acceptance of the Customer's offer at the moment the Customer clicks the button to conclude the order process.

2.5 When submitting an offer via the Seller's online order form, the contract text will be stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer has submitted their order. Beyond this, the contract text will not be made accessible by the Seller. If the Customer has created a user account in the Seller's online shop before submitting their order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account, provided the appropriate login credentials are entered.

2.6 Before bindingly submitting the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. A useful technical tool for better recognizing input errors may be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The Customer can correct their entries during the electronic order process using the usual keyboard and mouse functions until they click the button to conclude the order process.

2.7 The available languages for the contract conclusion are displayed in the Seller's online shop.

2.8 Order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is accurate so that emails sent by the Seller can be received at this address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Detailed information on the right of withdrawal can be found in the Seller's withdrawal policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the product description of the Seller, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 The available payment methods are communicated to the Customer in the Seller's online shop.

4.3 If advance payment by bank transfer is agreed upon, payment is due immediately after the contract is concluded unless the parties have agreed otherwise.

4.4 If the payment method "purchase on account" is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within the period specified on the invoice without deduction unless otherwise agreed. The Seller reserves the right to offer the payment method "purchase on account" only up to a specific order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in their payment information in the online shop. The Seller also reserves the right to conduct a credit check when selecting the payment method "purchase on account" and to reject this payment method in the event of a negative credit check.

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