Business Terms of the Einhell Germany AG

(1) The following general terms and conditions for the Einhell Germany AG are directed exclusively at consumers. A consumer, also in the sense of these general terms and conditions is every natural person who concludes a legal transaction for purposes, which predominantly can neither be attributed to his or her commercial nor freelance professional activity; Section 13 German Civil Code.

(2) The following general terms and conditions for the Einhell Germany AG are not directed at entrepreneurs. An entrepreneur, also in the sense of these general terms and conditions, is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or freelance professional activity; Section 14 German Civil Code.

(3) The Einhell Germany AG undertakes, on the basis of the General Terms and Conditions set out below, to sell spare parts, accessories and other items. Such services are done exclusively on the basis of the General Terms and Conditions set out below. The Einhell Germany AG does not accept any opposing conditions or conditions deviating from our terms and conditions of delivery, repair and payment, unless the Einhell Germany AG has expressly agreed to their applicability in writing. These General Terms and Conditions of the Einhell Germany AG shall apply also if the Einhell Germany AG renders the services to the Customer without reservation; in full awareness of the existence of opposing or deviating conditions of Customer. 

(1) The product presentations of the Einhell Germany AG do not constitute a binding offer, but are made to submit a binding offer for purchase by Customer.

(2) Customer may submit their offer by sending the online order form integrated in the Online Shop.

(3) During the order process, Customer may view, at any time, the contents of the shopping basket. Customer may remove goods, at any time, from the shopping basket. The usual browser, mouse and keyboard functions and commands are available to Customer for correcting any entry errors.

(4) Before Customer sends the online order form, they are once again requested to check their information, to accept these General Terms and Conditions and to correct any input errors. Customers submit a binding offer to buy the selected product when they send the online form, online, by clicking on the "Place Order" button.

(5) After receipt of the offer, the Einhell Germany AG will immediately send a confirmation by email to the Customer stating that the offer has arrived. This confirmation of receipt does not yet constitute an acceptance of the offer. The confirmation of receipt does, once again, comprise these General Terms and Conditions, Customer’s order data and the instructions on withdrawal for consumers.

(6) The Einhell Germany AG may accept Customer’s purchase order by sending a separate order confirmation by email or by delivering the goods within five working days.

(7) If Einhell Germany AG’s order confirmation contains typos or printing errors or if the price determination is subject to transmission errors for technical reasons, the Einhell Germany AG shall be entitled to contest the order, where it must prove the mistake to the Customer. Any payments which have already been made will immediately be reimbursed to Customer.

(8) Customer shall ensure that the email address specified by them for handling the purchase order is valid and that any emails sent by the Einhell Germany AG to this address can be received. If SPAM filters are used, Customer shall ensure that all emails sent by the Einhell Germany AG or by third parties engaged by the Einhell Germany AG for handling the order can be received.

If the customer is a consumer, he is entitled to a right of withdrawal in accordance with this paragraph. A consumer in the sense of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes, which predominantly can neither be attributed to his or her commercial nor freelance professional activity (Section 13 German Civil Code).

a. Right of withdrawal for sales contracts

You have the right to withdraw from the contract within fourteen days without stating reasons. The period for making the withdrawal shall be fourteen days from the day on which you or a third party appointed by you who is not the transporter have taken possession of the last goods.

To exercise your right of withdrawal, you need to inform us (Einhell Germany AG, Wiesenweg 22, 94405 Landau/Isar, Tel: +49 9951 959 2000, E-Mail: [email protected]) about your decision to withdraw from this contract by sending an unequivocal statement (e.g. a letter sent by post or by email). For that purpose, you may use the sample withdrawal form attached, that is, however, not a requirement. To comply with the withdrawal period, it is sufficient to send the notification of the exercise of the right of withdrawal before the end of the withdrawal period.

You can download the sample withdrawal form.

b. Consequences of the withdrawal

If you withdraw this contract, we shall reimburse you for all payments we have received from you, including delivery charges (except for any additional costs resulting from your selecting a different method of delivery than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the date on which we receive notification of your cancellation of this contract. We will use the same means of payment that you used for the original transaction to complete this reimbursement, unless expressly agreed otherwise with you; in no event will you be charged for this reimbursement. We may withhold the repayment until we have received the goods back or until you have submitted evidence that you have returned the goods, whatever occurs first.

You shall immediately return or hand over the goods to us, however within fourteen days from the day on which you notified us about the withdrawal from the contract. That period shall be deemed to be fulfilled, if you send the goods before the expiry of a period of fourteen days.

In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.

You must only pay for any loss in value of the goods, if such loss in value was caused by any use of the goods by you which was unnecessary for checking the quality, properties and functioning of the goods.

All instructions on withdrawals can also be found in our general terms and conditions of business for consumers.

(1) If the Customer is entitled to a right of withdrawal, they shall bear the direct costs arising from the return of the goods.

(2) Customer must only pay for any loss in value of the goods, if such loss was caused by any use of the goods which was unnecessary for checking the quality, properties and functioning of the goods.

(1) The ordered parts will be sent after a maximum of ten work days after receipt of the purchase order. If any ordered part cannot be delivered, in exceptional cases, the Einhell Germany AG team will inform the person making the purchase order about the estimated availability.

(2) Precondition for the compliance with the delivery obligation is also that customer properly fulfils their obligations in due time. The objection of non-fulfilled contract remains reserved, unless that impairs the rights of customer.

(3) If customer is in default of acceptance or if he culpably infringes any other duties to cooperate, the Einhell Germany AG shall be entitled to request the reimbursement of any damage incurred by the Einhell Germany AG on account of that, including any extra expenses, e.g. travel costs, which arise. The Einhell Germany AG shall, in particular, be entitled to charge a storage fee in the amount of 0.5 % of the price of the delivery items for each month that has started, however a maximum of 5 % if the hand-over of the goods is delayed by more than one month after the notification about the readiness for shipment on account of a fault of customer. The contract parties shall have the right to evidence that higher or lower storage costs have arisen. Any further claims shall remain reserved. The risk of any accidental loss or of an accidental impairment of the purchased object shall be transferred to the Customer at the time when they have defaulted on acceptance or payment.

(4) The replacement parts ordered will be delivered in their original design according to the state of the art prevailing at the relevant time. Minor changes which do not impair the intended use remain reserved.

(5) If a customer does not have a fixed delivery address in Germany, they have the option of having their order reserved for collection at the Einhell factory outlet in 94405 Landau an der Isar. The products can usually be collected within 1-3 working days. As soon as the ordered goods are ready for collection, the customer will be notified by email. The customer is obliged to collect the order within 10 days from receipt of this notification. When they come to collect the order, the customer must present their order confirmation or pick-up notification along with well as government-issued photo ID (e.g. passport, identity card or driving license). If the customer does not collect the order within 10 days of receipt of the first pick-up notification, Einhell Germany AG reserves the right to withdraw from the purchase contract for reasons of minimising storage costs. In such a case, the customer will receive a cancellation of their order. The withdrawal period is fourteen days from the day on which the customer receives the goods. For details on withdrawals, see §3.

(1) If a defect exists in the object of purchase, the legal provisions shall apply when nothing else regulated otherwise below.

(2) If the customer is an entrepreneur, a minor defect justified in principle no defects claim; the Einhell Germany AG has the choice of the kind of rectification; the period of prescription for defects of new goods amounts to one year since passing of risk; the rights and requirements are basically barred by used goods; the limitation doesn’t start once again if a replacement delivery occurs as part of a liability for defects.

The previous limitations of liabilities and periods of prescription don’t apply to recourses of damage and expenditures that the costumer is able to enforce defects in accordance mentioned in section 5 of these terms and conditions.

(3) If the customer is an entrepreneur, so following shall apply that the statutory periods of prescription for the right of recourse according to § 478 BGB remain unaffected. The same applies to willful misconduct and fraudulent concealment of defects.

(4) If the customer is a merchant in terms of § 1 HGB, the commercial duty of investigation and reprehension hits him according to § 377 HGB. If the customer does not comply with the obligations stipulated there, the goods shall be deemed to have been approved.

(1) The Einhell Germany AG reserves the title in the goods delivered until the complete payment of the purchase price.

(2) Before the transfer of ownership, any sale, pledging, assignment as security, processing or redesign shall be prohibited, unless the Einhell Germany AG has given its prior consent.

(1) The contract language shall be English.

(2) The purchase agreement existing between the Einhell Germany AG and the Customer shall be subject to the laws of the Federal Republic of Germany, subject to mandatory provisions under international private laws, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If any of the provisions of these General Terms and Conditions is ineffective, the remaining contract shall remain in full force and effect. The compulsory legal provisions shall apply instead of the ineffective provision.