General terms and conditions

General terms and conditions

§ 1 General

(1) The following general terms of the Gharieni Group GmbH, Moers (hereafter referred to as Gharieni, shall apply to commercial operations with a entrepreneur, viz. Any natural or legal person or a partnership having legal capacity, which - at the time of conclusion with Gharieni – acts in practice of a commercial activity or as a self-employed person. These GT&C apply exclusively; conflicting conditions or deviating conditions of the customer will not be accepted by Gharieni.

(2) The range of products in Gharieni's catalogue and website is intended for retailers and customers, who use the products for their commercial or self-employed activity only. Gharieni does not close a deal with private end users, who intend to use the products for any purpose, which is not part of their commercial or self-employed activity.

§2 Conclusion of contract

(1) The order of a customer represents an offer to Gharieni for the conclusion of a sales contact.

(2) A contractual relationship for the object of purchase precisely-named by the customer when ordering comes into force by Gharieni's order confirmation. The confirmation can be made by e-mail or by executing and invoicing the order.

§ 3 Payment

International customers

(1) We only offer payment in advance for customers from other countries than Germany.

(2) The deduction of discounts shall require a special agreement in writing.

(3) Unless nothing else arise from the order confirmation or separate written agreements, the net purchase price (without deductions) shall be due within 7 days of the date of invoice.

(4) Cheques and bills of exchange are accepted only as conditional payment upon consultation. The customer shall be liable for any costs arising thereof.

(5) Rights of set-off can be only granted to the buyer if his counterclaims are found absolutely, are undisputed or accepted by Gharieni. This shall not apply if the customer asserts warranty claims from the same contractual relationship. In addition the customer shall only be authorised to exercise a right of retention if his counterclaim based on the same contractual relationship.

§ 4 Delivery Times / Production Article / Undeliverable Articles

Deliveries (International excl. USA + UAE)

(1) When the ordered article is in stock, it will be ready for dispatch within 48 hours. The delivery period (after transfer to the parcel service/forwarder) is depending on country and forwarder.

(2) If an article is not in stock or not marked as a production article, the relevant article is pre-ordered by the order and – depending on the article itself - ready to be dispatched after 2 to 8 weeks. The customer will be informed about details.

(3) If a specific article is not in stock, Gharieni commits to inform the customer about the non-availability prior to accepting the order.

All prices are ex works Moers, Germany. Shipping costs for all countries except Germany are calculated individually and may vary widely depending on country and article; so any shipment costs cannot be calculated by us if the order has been performed on-line. The additional shipment costs are communicated by us together with the order confirmation and will be charged separately.

Deliveries (USA)

(1) All prices are ex warehouse Boca Raton, Florida, USA. All additional shipping costs in the US are calculated individually and may vary widely depending on destination and article; so any shipment costs cannot be calculated by us if the order has been performed on-line. The additional shipment costs are communicated by us together with the order confirmation and will be charged separately.

(2) When the ordered article is in stock, it will be ready for dispatch within 48 hours. The delivery period (after transfer to the parcel service/forwarder) is depending on country and forwarder.

(3) If an article is not in stock or not marked as a production article, the relevant article is pre-ordered by the order and – depending on the article itself - ready to be dispatched after 2 to 8 weeks. The customer will be informed about details.

(4) If a specific article is not in stock, Gharieni commits to inform the customer about the non-availability prior to accepting the order.

Deliveries (UAE)

(1) All prices are displayed in AED and include all costs for delivery and installation.

(2) When the ordered article is in stock, it will be ready for dispatch within 48 hours. The delivery period (after transfer to the parcel service/forwarder) is depending on country and forwarder.

(4) If a specific article is not in stock, Gharieni commits to inform the customer about the non-availability prior to accepting the order.

§ 5 Warranty

(1) We offer a warranty of 10 years on all metal parts and frames, five years on the motors and three years on all other parts on all treatment beds newly purchased in our company. For all other products like our furniture series, steamers, podologic devices, drills, lamps, hot-/cool cabis, sterilizer, etc. we offer a 2 year warranty.

(2) The warranty does not cover all wear parts (e.g. bulbs) or defects caused by improper use. The legal rights of the customer (§437 BGB) shall not be limited by the warranty.

§ 6 Additional Services

Shipment costs, installation and other agreed additional services will be charged separately. (If not mentioned differently)

§ 7 Delivery

(1) Delivery Germany + International (Except USA + UAE): Ex works Moers, Germany unless other agreements have been made.

(2) Delivery USA: Ex warehouse Boca Raton, Florida, USA unless other agreements have been made.

(3) Delivery UAE: All prices are displayed in AED and include all costs for delivery and instalment.

(4) The return of goods due to reasons Gharieni is not responsible for can be made after written agreement by Gharieni and free of shipment costs only. In such a case, the customer is liable for any damage until the relevant good has reached Gharieni. Damaged goods shall be excluded from returns.

§ 8 Statutory Warranty

(1) If a purchase object is defective, Gharieni is allowed to choose between both a corrective action and replacing of the entire object. If the corrective action or the replacing fail, the customer is entitled to terminate the contract or to require a reduction in the purchase price.

(2) Any warranty is excluded if the good has been bought second hand. If any defect of a good is explicitly marked and so the good has been reduced in price, any warranty relevant to the indicated defect(s) is (are) excluded.

§ 9 Liability

(1) Gharieni is liable for defects caused by Gharieni or Gharieni's vicarious agents if intent and/or gross negligence – even of the vicarious agents - is established in accordance with the statutory provisions. Gharieni is also liable for negligently caused injury to life, body and health as well as for claims resulting of § 1, 4 Product Liability Law in accordance with the statutory provisions.

(2) Gharieni and their vicarious agents are liable for damage to persons or property caused by negligence only if an essential contractual obligation has been violated, however the amount shall be limited to damages which have been foreseeable and typically associated with the contractual obligations (essential contractual obligations are such obligations the fulfilment of which are typical for the contract and the customer trusts in). In all other cases any liability is excluded.

§ 10 Transfer of risk

(1) All deliveries are made at the customer's risk. The risk is transferred to the customer when the object of delivery has left the production plant as soon as Gharieni has transferred the good to the forwarder, the carrier or any other person or institution intended to perform the delivery even if free of charge delivery has been agreed.

(2) For collection by the customer the risk is transferred when Gharieni has delivered the good to the customer. If delivery or shipment are delayed or have not been performed due to reasons the customer is liable for, the risk will transfer to the customer at the very day the report of the readiness of dispatch has been made.

§ 11 Retention of title

(1) Gharieni has reserved the title of ownership of the object of purchase until the purchase price claim has been settled completely.

(2) The customer is entitled to sell the reserved good in ordinary course of business, but not for the fulfilment of decrees such as seizure or chattel mortgage. The customer assigns already now all claims to the amount of the final invoice amount (incl. TAX / VAT) agreed with Gharieni which may arise to him from the resale to his customer or a third party. The customer stays entitled to collect the claim after the assignment. The authority by Gharieni to collect the claim themselves is not affected by this. If the customer comes into default or an application for the opening of insolvency proceeding or composition proceeding occurs, Gharieni is entitled to revoke the direct debit authorisation and to demand that the customer declares the transferred claims and the debtors, gives all information needed for collection, hands over the relevant documents and informs the debtor (third party) about the assignment.

§ 12 Place of jurisdiction, place of fulfilment, applicable law.

(1) If the customer is a merchant, the place of jurisdiction is Moers, Germany; but Gharieni is entitled to also sue the customer at their local court.

(2) If the customer is a merchant and no other information occurs when ordering, he place of jurisdiction is Moers.

(3) For business relation between Gharieni and the customer, only the law of the Federal Republic of Germany shall be applicable under exclusion of the EU sales law.

© Copyright 2021 Gharieni Group GmbH. All rights reserved. Further, it is pointed out that all existing pictures and texts in the catalogue and website are subject to industrial property rights of the Gharieni Group GmbH or its proprietor. Using of the catalogue and website grants no licence for the use of the intellectual property (texts and pictures) of the Gharieni Group GmbH or its proprietor.

The Gharieni logo is the registered trademark of the Gharieni Group GmbH. All other product names or services named in the catalogue or website are trademarks of the respective companies. Reproduction - also in extracts - is only permitted with the explicit permission of the Gharieni Group GmbH. Illustrations may vary. Errata, errors and price changes excepted.