General Terms and Conditions

1. These General Terms and Conditions (GTC) apply to all contracts for the supply of goods that you conclude via our online shop, by e-mail or on the basis of a quotation with
   Grossmann GmbH i. Gr.
   Am Waggonbau 12
   06844 Dessau-Roßlau
   Germany
   (hereinafter “we” or “Grossmann”).
2. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 BGB). A business customer (Unternehmer) is a natural or legal person or partnership with legal capacity acting in the exercise of its trade, business or profession (§ 14 BGB). “Customer” means both.
3. For business customers these GTC apply exclusively. Deviating, conflicting or supplementary terms of the customer do not become part of the contract, even if we do not expressly object to them or deliver in knowledge of them.
4. Individual agreements – in particular in our quotation or order confirmation – take precedence over these GTC (§ 305b BGB).
5. For machines, plants, special machinery, installation and contract manufacturing, the provisions in § 13 apply in addition.

1. The presentation of products in the online shop is not a legally binding offer but an invitation to place an order.
2. Ordering process: you add products to the cart – for configurable products after completing the configuration – go to checkout, continue as a guest or with your customer account, enter your billing and, if different, delivery address and receive an order summary. Until you submit, you can check and correct all entries in the checkout steps and in the cart. By clicking the final order button you make a binding offer to purchase the goods in the cart.
3. Immediately after submission you receive an automatic acknowledgement of receipt by e-mail. It only documents that your order has arrived and is not an acceptance of your offer.
4. We review your order and accept it by an order confirmation (Auftragsbestätigung) in text form (e.g. by e-mail). The contract is only concluded with this order confirmation. It states the binding delivery date and the payment details. If we do not accept your offer within five working days of receipt, you are no longer bound by your order.
5. For products marked “price on request”, special sizes outside the configurators and special machinery we prepare an individual quotation on request. In that case the contract is concluded by your acceptance of our quotation or by our order confirmation.

Contract language and storage of the contract text

The contract language is German; translations of these GTC are for information only. We store your order data. If you use a customer account, you can view your orders there. You can access, print and save these GTC on this page at any time. We send you the contract terms including these GTC with the order confirmation in text form.

1. The results of our online configurators (e.g. for winding shafts, folding bearings, drives, web tension and web guides) are calculations based on your input. They do not replace a check of whether the product is technically suitable for your specific machine or plant. Towards business customers: we only owe suitability for a particular purpose intended by you if we expressly confirm it in the order confirmation. Towards consumers, the statutory provisions apply (§ 434 BGB).
2. You are responsible for the accuracy and completeness of your dimensional, load and operating data (e.g. clamping length, web width, roll weight, speed). Goods made to your specifications are supplied in accordance with those specifications.
3. On request we provide technical advice. Such advice is non-binding unless its result is recorded in the order confirmation as an agreed characteristic. Your statutory rights as a consumer remain unaffected.
4. Images, drawings and 3D models are for illustration. Towards business customers, dimensions and weights are customary approximate values unless expressly designated as binding.

1. All prices are in euros. In the shop we show net prices plus statutory VAT (currently 19 %). Before you place your order, the cart and checkout show the net amount, VAT, shipping costs and the total price including VAT. For consumers this total price is decisive.
2. Volume prices apply to some items; they are applied automatically in the cart. Prices of configured products are calculated by our system from the selected configuration.
3. Shipping costs: if the net goods value of an order is below € 500.00, we charge a flat shipping fee of € 29.90 net plus VAT (€ 35.58 incl. 19 % VAT). From € 500.00 net goods value (€ 595.00 incl. VAT) we deliver free of shipping costs within our delivery area. Details: Shipping & Delivery.
4. Bulky goods (e.g. long winding shafts, machines) are shipped by freight forwarder. If this results in costs exceeding the flat fee, we inform you before the order confirmation; the contract is then only concluded if you agree.
5. For deliveries outside Germany we state the VAT treatment in the order confirmation and invoice. Any customs duties and import charges for deliveries outside the EU are borne by the customer.

There is no online payment in the shop. You pay by bank transfer; our bank details are given in the order confirmation or invoice. The payment term stated in the order confirmation is decisive.

You may only set off counterclaims that have been finally established by a court, are undisputed or acknowledged by us, or are based on the same contractual relationship (in particular claims for defects). Business customers may only exercise a right of retention on the basis of claims from the same contractual relationship.

1. We deliver to businesses in Germany and the member states of the European Union, to consumers within Germany only. Deliveries to other countries only by agreement on request. Delivery is made to the delivery address given.
2. Items marked “In stock” (Ab Lager): delivery within 7 working days of conclusion of the contract or – with prepayment – of receipt of payment.
3. Made-to-measure winding shafts: delivery within 8 weeks of conclusion of the contract or receipt of payment.
4. Winding-technology assemblies (e.g. drives, web tension control, web guides, folding bearings, Flexwinder) and machines are supplied to businesses only or on quotation: delivery date as per order confirmation.
5. For businesses, the delivery date stated in the order confirmation is decisive.
6. Partial deliveries are permitted where reasonable for you. You incur no additional shipping costs as a result.
7. Towards business customers: if we ourselves are not supplied despite a supply contract concluded in good time and we are not responsible for this, we may withdraw from the contract; we will inform you without delay and refund any consideration already received without delay.

Impairments due to natural wear in the course of intended use – in particular of knives, blades, knife rings and rubber star wheels – and damage arising after the passing of risk from improper installation, operation or maintenance, or from incorrect dimensional or operating data supplied by the customer, are not defects. If improper installation is due to defective assembly instructions, your rights in respect of defects remain unaffected (§ 434 (4) BGB). We only give a guarantee within the meaning of § 443 BGB if it is expressly agreed as such in writing, including its terms.

Complaint and return process: Defects & Returns.

1. We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, for fraudulent concealment of a defect and to the extent of any guarantee given.
2. In the event of a slightly negligent breach of an essential contractual obligation (an obligation whose fulfilment makes proper performance of the contract possible in the first place and on whose observance you may regularly rely), our liability is limited to the foreseeable damage typical for the contract at the time of conclusion.
3. Otherwise, liability for slightly negligent breaches of duty is excluded.
4. These limitations also apply in favour of our legal representatives, employees and vicarious agents.

Consumers have a statutory right of withdrawal. Details, the model withdrawal form and the online withdrawal function are set out in the withdrawal information.

The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive, or that are clearly tailored to the consumer’s personal needs (§ 312g (2) no. 1 BGB) – with us in particular winding shafts with customer-specific clamping length, clamping beams made to length and other products made to customer specifications. Business customers have no right of withdrawal.

You can order as a guest without a customer account. A customer account is free of charge. Keep your login details confidential and inform us if you suspect misuse. You can request deletion of your customer account at any time by e-mail to info@grossmann.de; statutory retention obligations remain unaffected.

We do not sell machines, plants, special machinery, installation or contract manufacturing via the cart but on the basis of an individual quotation. The contract terms applicable to them – in particular on acceptance, installation, payment schedule and delivery time – are handed over with the quotation or order confirmation. Unless otherwise provided there, these GTC apply in addition.

1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law only applies insofar as it does not deprive you of the protection granted by mandatory provisions of the law of the state of your habitual residence.
2. If the customer is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our registered office in Dessau-Roßlau. We are also entitled to sue at the customer’s general place of jurisdiction. For consumers, the statutory places of jurisdiction apply.
3. We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board (Dispute resolution).
4. Should individual provisions of these GTC be invalid, the remainder of the contract remains valid. The statutory provisions replace the invalid provision (§ 306 BGB).