Terms and conditions

1. Scope

The following terms and conditions apply to all orders placed by consumers and entrepreneurs through our online shop.
A consumer is any natural person who enters into a legal transaction for purposes which can be primarily attributed neither to their commercial nor to their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
With regard to entrepreneurs, these terms and conditions also apply to future business relationships, without the necessity to refer to them again. Any conflicting or supplementary terms and conditions of entrepreneurs are hereby rejected. They shall only apply if we have given our express consent.

2. Contract partner, conclusion of contract

The purchase contract is concluded with Grafix Unternehmensbeteiligungs GmbH.
By presenting the products in the online shop, we are making a binding offer to enter into a contract for the sale of the same. You can initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded by clicking on the order button to accept the offer for the goods contained in the shopping cart. Immediately after sending the order you will receive another confirmation by email.
A binding contract may also be concluded as follows beforehand:

  • If you have chosen to pay by credit card, the contract will be concluded at the time the credit card is charged.
  • If you have chosen to pay through PayPal, the contract will be concluded at the time your PayPal payment is confirmed.
  •  If you choose payment by instant transfer (Sofortüberweisung), the contract will be concluded at the time of confirmation of the payment instruction to SOFORT AG.

The contract language is German.

We will save the contract text and send you the order data and our general terms and conditions by email. You can also view and download the general terms and conditions at any time here on this page. Your previous orders can be viewed in our customer account area.


3. Terms of delivery


Shipping costs will be applied in addition to the indicated product prices. You can find out more about the shipping costs in the offers. You may also collect your order at Grill Heaven, Europaring 18, 2334 Vösendorf, Austria, during the following business hours: see footer. We do not deliver to packing stations.
We deliver exclusively to these EU countries: Austria, Germany, Slovakia, Slovenia, Hungary, Czech Republic. According to the relevant EU regulation, goods may also be purchase by citizens of other EU countries, but their collection or transport to the respective country must be organised by the buyer. To place orders outside Austria and Germany, please use our email address bestellung@grillheaven.at

4. Payment


The following payment methods are available in our shop:
Prepayment
If you choose prepayment, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.
Credit card
Your credit card will be charged upon completion of the order.
PayPal
You pay the invoice amount through the online provider PayPal. You must already be registered with PayPal or register with PayPal first, authorise yourself with your access data, and confirm your payment instruction to us (with the exception of guest access, if applicable). You will receive further information during the order process.
Instant transfer
We also offer instant bank transfer as a payment method. This allows us to have the transfer amount credited to our account instantly. This expedites the entire order process. All you need is an account number, bank code, PIN and TAN. Using the secure payment form of Sofort AG, which is not accessible to merchants, you can make an automated and real-time transfer from your online bank account. The purchase amount is transferred immediately and directly to the merchant's bank account. If you choose the immediate bank transfer method of payment, a prefilled form will open at the end of the order process. This already contains our bank details. In addition, the transfer amount and the purpose will already be filled in. You now need to choose the country where you have your online banking account and enter the bank code. Then enter the same data you use to log in to online banking (account number and PIN). Confirm your order by entering the TAN. You will receive instant confirmation of the transaction. In principle, any internet user can use instant transfer as a payment method if they have an activated online banking account with PIN/TAN procedure. Please note, however, that the instant bank transfer service is not yet available with some banks. Further information on whether your bank supports this service can be found here https://www.sofort.com/ger-DE/general/fuer-kaeufer/fragen-und-antworten/

5. Right of withdrawal


Consumers are entitled to the statutory right of withdrawal as described in the withdrawal instructions. Entrepreneurs are not granted a voluntary right of withdrawal.

6. Retention of title 


The goods remain our property until full payment has been made.
In addition, the following applies to entrepreneurs: we reserve the right to ownership of the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods under retention of title in the ordinary course of business; you will assign to us in advance all claims arising from such resale – irrespective of any combination or mixing of the goods under retention of title with a new item – in the amount of the invoice amount, and we will accept this assignment. You remain authorised to collect your accounts receivable, but we may also collect them ourselves if you fail to meet your payment obligations.

7. Transport damage


The following applies to consumers: if packaging and/or products are delivered to you which are obviously damaged, please file a complaint with the forwarder as soon as possible and get in touch with us without delay. Failure to make a complaint or to contact us has no consequences whatsoever for your legal claims and their enforcement, in particular your warranty rights. However, you will be helping us assert our own claims against the carrier and/or transport insurance.
The following applies to entrepreneurs: the risk of accidental loss and accidental deterioration transfers to you as soon as we have delivered the goods to the forwarding agent, the carrier or other agent responsible for shipping. The regulations regarding inspection and complaints in accordance with §377 of the German Commercial Code (HGB) apply to merchants. Should you fail to provide notice as required, the delivery shall be deemed accepted unless the defect was not readily recognisable during the initial inspection. This does not apply if we have fraudulently concealed a defect.

8. Warranty and guarantees

Unless otherwise expressly agreed below, the statutory liability for defects applies.
For consumers, the limitation period for warranty claims for used items is one year from the date of delivery.
For business persons the limitation period for warranty claims is one year from the transfer of risk; the statutory limitation period for the right of recourse according to § 478 BGB (German Civil Code) remains unaffected.
With regard to entrepreneurs, only our own data and the product description given by the manufacturer and included in the contract are valid as the agreement regarding the purchase of goods; we assume no liability for public statements by the manufacturer or any other promotional statements.
If the delivered goods are defective, we shall, at our own discretion, rectify the defect (improvement) or deliver a faultless item (substitute delivery) for the entrepreneur.
The above restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents

  • in the event of injury to life, limb or health
  • in case of intentional or grossly negligent breach of duty or fraudulent intent
  • in the event of breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
  • within the framework of a guarantee promise, if agreed
  • provided that the scope of the Product Liability Act is established.

For information on any additional warranties that may apply and their exact terms, please refer to the respective product and special information pages in the online shop.

9. Liability


We assume unlimited liability for claims due to damage caused by us, our legal representatives, or agents involving

  • injury to life, limb or health
  • intentional or grossly negligent breach of duty
  • guarantee promises, if agreed
  • provided that the scope of the Product Liability Act is established.

For breach of contractual obligations, the fulfilment of which renders a correct execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence by us, our legal representatives or agents, liability is limited to the foreseeable damage which must typically be expected to arise upon conclusion of the contract.
Otherwise, claims for damages are excluded.

10. Final provisions


If you are an entrepreneur, Austrian law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Subject to errors (e.g. incorrect prices, text or image changes) and prior sale.
If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our place of business.
Illustrations may differ from the original due to technical problems or changes made by suppliers. 
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