§ 1 General

(1) The following General Terms and Conditions of Gharieni Group GmbH, Moers, (hereinafter referred to as "Gharieni") apply to transactions with an entrepreneur, i.e. a natural or legal person or a partnership with legal capacity, which acts in the exercise of a commercial or independent professional activity when concluding the legal transaction with Gharieni. These GTC apply exclusively; Gharieni does not recognize any terms and conditions of the customer that conflict with or deviate from these terms and conditions.

(2) The goods offered in the catalog and on Gharieni's website are aimed exclusively at resellers and customers who use the goods for their commercial or independent professional activity. Gharieni does not conclude any transactions with private end consumers who wish to use the goods for a purpose that cannot be attributed to their commercial or independent professional activity.

§ 2 Conclusion of contract

(1) The customer's order constitutes an offer to Gharieni to conclude a purchase contract.

(2) A contractual relationship is concluded with the order confirmation from Gharieni for the object of purchase specified in the customer's order, which can also be sent by e-mail, or by execution of the order and invoicing.

§ 3 Payment

Customers from Germany

(1) For first orders, we only accept cash on delivery, advance payment, Pay Pal or cash on collection. From the second order you can also pay by SEPA direct debit.

(2) The deduction of discounts requires a separate agreement.

(3) Unless otherwise stated in the order confirmation or separate written agreement, the net purchase price (without deduction) is due for payment within 7 days of the invoice date.

(4) Checks and bills of exchange shall only be accepted by arrangement and only on account of performance. The costs arising from this shall be borne by the customer.

(5) The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by Gharieni. This does not apply if the customer asserts his warranty rights from the legal transaction on which Gharieni's claim is based. In addition, the customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

International customers

(1) For customers from all other countries outside Germany, we only offer the payment method prepayment.

(2) The deduction of discounts requires a separate agreement.

(3) Unless otherwise stated in the order confirmation or separate written agreement, the net purchase price (without deduction) is due for payment within 7 days of the invoice date.

(4) Checks and bills of exchange shall only be accepted by arrangement and only on account of performance. The costs arising from this shall be borne by the customer.

(5) The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by Gharieni. This does not apply if the customer asserts his warranty rights from the legal transaction on which Gharieni's claim is based. In addition, the customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

§ 4 Delivery times / production items / non-deliverable items

Deliveries to Germany

(1) If an ordered item is in stock, it will be ready for dispatch within 48 hours. The delivery time is five working days after handover to the parcel service/forwarding agent.

(2) If an item is not in stock or is marked as a production item, it will be pre-ordered with the order and will be ready for dispatch in 2 to 8 weeks, depending on the item. The customer will be informed of this.

(3) If a particular item is not available, Gharieni undertakes to inform the customer of the unavailability before accepting the order.

International deliveries

(1) If an ordered item is in stock, it will be ready for dispatch within 48 hours. The delivery time is five working days after handover to the parcel service/forwarding agent.

(2) If an item is not in stock or is marked as a production item, it will be pre-ordered with the order and will be ready for dispatch in 2 to 8 weeks, depending on the item. The customer will be informed of this.

(3) If a particular item is not available, Gharieni undertakes to inform the customer of the unavailability before accepting the order

All prices are ex works in Moers, Germany. Shipping costs for all countries except Germany are calculated individually and vary greatly depending on the country and the goods ordered. The shipping costs can therefore not be calculated by us when ordering online. The additional costs for shipping will be communicated to you upon order confirmation and will be charged separately.

§ 5 Guarantee

(1) All new treatment tables purchased from our company are guaranteed for 10 years on all metal parts and frames, five years on the motors and three years on all other parts. We give a two-year guarantee on all new equipment purchased from our company.

(2) Excluded from the guarantee are all wearing parts (e.g. light bulbs) or defects resulting from improper use of the appliances. The statutory rights of the customer under § 437 BGB are not restricted by the guarantee.

§ 6 Ancillary services

Transportation costs, installation and other contractually agreed ancillary services will be charged separately.

§ 7 Delivery

(1) Delivery shall be "ex works", unless otherwise agreed.

(2) The return of goods for reasons for which Gharieni is not responsible is only possible with the written consent of Gharieni and in principle carriage paid. In this case, the customer shall bear the risk of damage until receipt by Gharieni. Damaged goods are excluded from return.

§ 8 Warranty

(1) In the event of a defect in the object of purchase, Gharieni may choose between rectification of the defect and replacement delivery. If the rectification or replacement delivery fails, the customer is entitled, at his discretion, to withdraw from the contract or to demand a corresponding reduction in the purchase price.

(2) The warranty is excluded if goods have been purchased second-hand. In the case of goods that are reduced in price due to expressly designated defects, the warranty is also excluded with regard to these defects.

§ 9 Liability

(1) In the event of damage caused by Gharieni and/or its vicarious agents, Gharieni shall be liable in the event of intent and gross negligence, including that of its vicarious agents, in accordance with the statutory provisions. The same applies to negligently caused damages resulting from injury to life, body or health as well as to claims pursuant to § 1, 4 Product Liability Act.

(2) Gharieni and its vicarious agents shall only be liable for property damage and financial loss caused by negligence in the event of a breach of a material contractual obligation, but limited in amount to the damage foreseeable at the time of conclusion of the contract and typical for the contract (material contractual obligations are those whose fulfillment characterizes the contract and on which the customer may rely). Liability is otherwise excluded.

§ 10 Transfer of risk

(1) The goods are shipped at the customer's risk. The risk shall pass to the customer when the delivery item has left the factory by Gharieni handing over the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, even if carriage paid delivery has been agreed.

(2) In the case of collection by the customer, the risk shall pass when Gharieni has handed over the goods to the customer. If shipment is delayed or does not take place due to circumstances for which the customer is responsible, the risk shall pass to the customer from the day of notification of readiness for shipment.

§ 11 Retention of title

(1) Gharieni retains title to the purchased item until the purchase price claim has been settled in full.

(2) The customer is entitled to resell the goods subject to retention of title in the ordinary course of business, but not to dispose of them in any other way, such as pledging or transfer by way of security. The customer hereby assigns to Gharieni all claims in the amount of the final invoice amount agreed with Gharieni (including VAT) which accrue to him from the resale against his customer or third parties. The customer remains authorized to collect the claim even after the assignment. The authorization of Gharieni to collect the claim itself remains unaffected by this. If the customer is in default of payment or if an application for the opening of insolvency or composition proceedings has been filed, Gharieni may revoke the direct debit authorization and demand that the customer discloses the assigned claims and the debtors, provides all information necessary for collection, hands over the relevant documents and notifies the debtor (third party) of the assignment.

§ 12 Place of jurisdiction, place of performance, applicable law

(1) If the customer is a registered trader, the place of jurisdiction is Moers; however, Gharieni is also entitled to sue the customer at the court of his place of residence.

(2) If the customer is a registered trader and nothing to the contrary is stated in the order confirmation, Moers shall be the place of performance.

(3) The law of the Federal Republic of Germany shall apply exclusively to this business relationship between Gharieni and the customer, excluding the UN Convention on Contracts for the International Sale of Goods.

© Copyright 2021 Gharieni Group GmbH. All rights reserved. It is pointed out that all images and texts in the catalog and website are subject to industrial property rights of Gharieni Group GmbH or their owners and that no license is granted. The Gharieni logo is the registered trademark of Gharieni Group GmbH. All other product or service names mentioned in this catalog and on the website are trademarks of the respective companies. Reproduction - including excerpts - only with the express permission of Gharieni Group GmbH. Images may vary. Misprints, errors and price changes excepted.