General Terms and Conditions

View German version of this page for legaly relevant document

General terms and conditions of business

1. Scope

(1) These General Terms and Conditions (hereinafter referred to as "General Terms and Conditions" or "GTC" ) apply to the use of our B2B portal portal.gronard.de (including all subdomains) (hereinafter referred to as "B2B Portal" ) and to all contracts that our customers conclude with us,

GRONARD GmbH,

Bayerwaldstr. 23,

81737 Munich, Germany,

Phone: +49(0)89 890 855 40,

Email: info@gronard.de

(hereinafter referred to as “we” , “us” or “GRONARD” )

These terms and conditions apply to all contracts concluded via our B2B portal and to all contracts that our customers conclude with us based on orders placed by email or fax. Our offer is directed exclusively to legal entities under public law, special funds under public law, and businesses, and not to consumers. According to § 14 of the German Civil Code (BGB), a business is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity. We collectively refer to these as "users" ,  "customers" , "clients", or "clients" . The term "text form" refers specifically to emails and faxes.

(2) All agreements made between our customers and us in connection with the aforementioned contracts arise in particular from our offer, your acceptance, our order confirmation, the plan(s), these General Terms and Conditions, and the terms of use regarding the use of our websites. If we have entered into a framework agreement or other written agreement with our customers, this takes precedence over our General Terms and Conditions. In the event of any conflict between our agreements, the following order of precedence applies:

  • (i) our order confirmation,
  • (ii) our offer,
  • (iii) Their assumption,
  • (iv) any supplementary agreements,
  • (v) plans and
  • (vi) our terms and conditions.

(3) The version of our General Terms and Conditions valid at the time of conclusion of the contract shall apply.


(4) We do not accept any differing or conflicting general terms and conditions unless we have expressly agreed to them. This also applies if we do not expressly object to the inclusion of the differing or conflicting general terms and conditions.

2. Registration

(1) As a user of our B2B portal, you must register.

(2) Users can register for the first time by providing their first and last name, company name, company address, VAT ID number, email address, and telephone number (optional), as well as a password of their choosing. However, they can only submit their registration application if they accept these Terms and Conditions by checking the corresponding box. We will then send them an email with their login details. This email also constitutes acceptance of the application for registration, thereby concluding a contract with the company or public legal entity they represent.

(3) We will generally accept and confirm the application for use, but are not legally obligated to do so. We will only reject the application in exceptional cases for a valid reason. A valid reason includes, in particular, that we have previously issued a notice of withdrawal to the companies or public legal entities represented by our users, or that there are grounds for issuing such a notice of withdrawal due to outstanding claims (reference to clause 13), that we have permanently blocked the company or public legal entity they represent, or that one of our users has copied, reproduced, or otherwise processed large quantities of data and content in order to store it in their own databases or to resell it (data brokers).

(4) We may require our users to prove their entrepreneurial status, for example by providing their VAT identification number or other suitable evidence.

(5) Registered users do not need to enter their personal data each time; they can simply log in with their email address and chosen password. It is their responsibility to keep their login details and password confidential. Should unauthorized third parties gain knowledge of their login details, please inform us immediately. In this case, please change your password immediately. If you no longer have access to your account, please use the "Forgot Password" function. You are responsible for the use of your login details and any actions taken with them. We accept no liability for lost or stolen login details.

(6) In the user administration section, our users have the option of creating and managing multiple users. Our customers are responsible for the individual settings. They decide which permissions each user receives and which of the following areas they can view or which actions they can initiate: inquiries, orders, delivery notes, invoices, submitting quotes or orders.

(7) Users can have their user profiles deleted from our B2B portal at any time. In this case, we will delete the personal data (first and last name, email address, and password) immediately. However, the profiles of the represented company(ies) will remain.

3. Contract conclusion, offers, services

(1) Our contract is concluded by our offer, the acceptance and our order confirmation.

(2) Our offer includes an acceptance period; if no period is specified in our offer, an acceptance period of fourteen (14) days shall apply.

(3) All contractual agreements must be in writing. Deviations, additions, and supplementary agreements will only become part of the contract if they are confirmed by us in writing.

(4) The contract shall be concluded in German.

(5) The subject matter of the contract is the goods ordered by our customers or the services agreed upon with them. These are listed individually in our offer and in our order confirmation. Our services may also consist solely of planning, maintenance/inspection, or repair.

(6) We may agree separately on additional orders and services beyond the scope of the original contract. Should we make changes to the ordered goods or agreed services at the customer's request after an order has been placed, we will have to charge them separately for these changes.

(7) All ancillary work (e.g., masonry, chiseling, plastering, carpentry, earthworks, paving, electrical work, and painting) must be agreed upon and paid for separately. They are generally not included in the prices of our offers unless we have expressly agreed to this with our customers and they are listed separately as items (with quantity and price).

(8) We can agree with our customers to deliver partial quantities and invoice these separately.

(9) The offers contained in our B2B portal, on our website, or in our catalogs, brochures, advertisements, etc., do not constitute legally binding offers, but rather a request to our customers to submit a corresponding inquiry. We reserve the right to make technical changes and changes to dimensions.

(10) The documents provided in our B2B portal, on our websites, and in our catalogues and brochures, such as illustrations, 3D drawings, drawings, weights and dimensions, serve only for general illustration or explanation and must be individually adapted by us and confirmed as binding.

4. Maintenance contracts

(1) Under maintenance contracts, we will inspect the items to be serviced at the agreed frequency and check their materials and functions. If parts need to be replaced, we will notify our customers in writing. Small fasteners (such as screws) are included in the price up to a cost of €50 (net) per year. The replacement of larger parts and the repair of vandalism damage are not included. The inspection and maintenance must be carried out in one appointment. If this is not possible, we will charge our customers additional travel costs. Our customers are responsible for ensuring unobstructed access and sufficient space for the work. Costs incurred due to delays caused by obstacles will be charged on an hourly basis. All necessary licenses and/or access permits required to perform the work must be provided to us at least two (2) working days before the work begins. The work will be carried out on working days between 7:00 a.m. and 5:00 p.m. The above regulations do not apply to separate agreements that we have expressly made with our customers. Customers can find further details in their order confirmation.

(2) We reserve the right to amend these Terms and Conditions for maintenance contracts. We will notify our customers of any intended amendments in writing. We will only make amendments to close a contractual gap that leads to significant difficulties in the performance of the contract and that is not addressed by statutory regulations. Our customers must not be placed in a worse position overall as a result of the amendment. Within this framework, we are not entitled to amend essential contractual provisions, such as prices, the contract term, and termination rights. If the aforementioned conditions are not met, no amendment will be made. Our customers may object to an amendment in writing within four (4) weeks of receiving our notification or terminate our agreement without notice. If a customer does not object to the amendment or does not object within the specified period, their consent to the amendment will be deemed given. We will expressly inform our customers again in our notification of the amendment about the consequences of failing to object or objecting late, and about the right to terminate our agreement without notice. Furthermore, we require the consent of our customers for any changes to the contract.

5. Prices, shipping costs

(1) The prices agreed with our customers are included in our order confirmation.

(2) Our prices are quoted in EURO and are net prices, i.e., they do not include the applicable statutory value added tax (VAT). The VAT will be shown at the end of our order confirmation.

(3) The prices valid on the order date shall apply.

(4) Delivery means delivery ex works , i.e. we make the goods available for loading onto a means of transport which our respective customer has ordered and paid for – unless we have expressly agreed otherwise with him/her.

(5) If we have agreed otherwise with our customers (e.g., in the case of mail order), we will charge additional packaging and shipping costs. The packaging and shipping costs amount to

  • (i) 15% of the order value (net),
  • (ii) for orders under €350,- which we hand over to a carrier or freight forwarder, €50,- and
  • (iii) For orders shipped by post, a minimum of €35 applies. For special deliveries, trucks with cranes, and other shipping methods, we will gladly inform our customers of the costs upon request. Customers can find the exact packaging and shipping costs in their order confirmation. Furthermore, we charge additional postage and insurance costs, as well as other incidental expenses (e.g., telephone notifications, special conditions such as overnight delivery, customs duties, handling fees, diesel surcharge, toll fees, CO2 surcharge). Customers can also find the exact additional costs in their order confirmation.

(5) Our delivery prices are calculated for unloading points that are easily accessible for a truck with a semi-trailer and a loading distance of up to 10 meters.

(6) We usually agree on a fixed price for construction and assembly services. Should we (exceptionally) agree with our customers on hourly wage work or additional services beyond the original contract, we will invoice these according to the rates agreed with our customers. If we have not agreed on rates, the locally customary rates apply. Regarding the documentation of hourly wage work, section 6, paragraph (10) applies.

(7) In addition, we charge a flat fee for travel to and from the site, which includes mileage and labor. Customers can find the exact amount in their order confirmation.

(8) If our contract is based on a cost estimate without us having guaranteed its accuracy, and it turns out that our services cannot be performed without exceeding the cost estimate by 15% or more, the customer has the right to terminate the contract without notice. Should the customer terminate the contract, we are entitled to payment in accordance with Section 645 Paragraph 1 of the German Civil Code (BGB). Termination must be in writing. We will inform the customer immediately as soon as an overrun of the cost estimate is anticipated.

(9) Our storage costs amount to, whichever is higher,

  • (i) € 95,- (net) or
  • (ii) 2.5% of the net value of the goods per month. We do not charge storage fees for the first month after the agreed delivery date; thereafter, each subsequent month will be charged. Our calculation therefore begins in the fifth calendar week following the calendar week we have communicated to our customers as the delivery date. We charge storage fees if
  • (i) we have agreed to this with our customers, or
  • (ii) if they are in default with the collection. In the latter case, our customers are free to prove that no damage has occurred at all or that the damage is less. Finally, we refer to clause 6 paragraph (7).

6. Order processing, delivery, delivery times, assembly and construction services

(1) We specify the dates and deadlines agreed with our customers in calendar weeks. Customers can find the exact dates and deadlines in their order confirmation.

(2) If delivery or performance cannot take place on time due to laws, regulations, general orders, or administrative acts to combat or prevent the spread of the coronavirus or similarly serious reasons of force majeure (i.e., circumstances beyond the control of the customer or us, such as natural disasters, wars, social unrest, strikes), there is no breach of duty attributable to the customer or us. This applies regardless of when the law, regulation, general order, or administrative act is promulgated. The parties will make every effort to agree on a substitute date. Should this not be possible or reasonable, or should one of the parties refuse for a valid reason, the delivery date will be postponed by the period during which the reasons of force majeure or the other aforementioned reasons existed, plus one week for resuming work (but not exceeding six (6) months); the parties may also mutually agree to schedule the work for a more favorable time of year. After six (6) months, both parties are entitled to withdraw from this contract without penalty. The notice of withdrawal must be in writing. In this case, we will refund the deposit received (less a flat processing fee of €500 (net) if applicable)*.

(3) If the delivery deadline is exceeded, the customer must grant a reasonable grace period, which may not be less than two (2) weeks. The grace period begins upon receipt of the letter setting the deadline.

(4) If our customers order our goods "only", we deliver them unassembled (along with assembly instructions). If they would like on-site assembly, we will gladly provide them with a corresponding offer. For this, we will need more detailed information, e.g., about the ground, access to the property, and site plans.

(5) For our deliveries we require unloading points that are easily accessible for a truck with a semi-trailer and a loading distance of up to 10 meters.

(6) When agreeing to delivery of products on demand, our customers must take delivery of the ordered goods.

  • (i) within the agreed time period, or
  • (ii) if we have not agreed on such a period, acceptance shall take place within three (3) months of the conclusion of the contract.

(7) Stored goods must be collected within the agreed period; if no period has been agreed upon, the goods must be collected within two (2) months of the conclusion of the contract. Thereafter, the risk of damage to or loss of the goods automatically passes to the customer; no further notice or reminder is required. If collection does not occur within the agreed period, any agreed construction and assembly order will also be automatically considered cancelled; no further notice or reminder is required.

(8) The parties will agree on a binding date for the construction and installation work and are accordingly obligated to adhere to this binding date. Should either party be unable to meet this date, they must propose a new date within five (5) working days. Should the parties be unable to agree on a new date, we will commence work no later than twelve (12) working days after receipt of the request (in writing) from our customers; however, this only applies if the conditions stated in the following sentence are met. Before the commencement of our construction and installation work, our customers are obligated to

(i) to obtain the official documents and permits,

(ii) to ensure an unimpeded start of assembly at the construction site and

(iii) to transfer any agreed deposit. If these conditions are not met, we are not obliged to keep the binding appointment or to agree to a new appointment.

(9) If the commencement, continuation, or completion of the construction and assembly work is delayed for reasons attributable to the customer, we shall be released from the obligation to meet agreed delivery dates to that extent. If the customer fails to remedy the situation immediately upon our request, we may grant them a reasonable grace period of at least two (2) weeks. Thereafter, we are entitled to claim damages, terminate the contract, or withdraw from the contract. In the event of termination of the contract (due to withdrawal, termination, or by mutual agreement), we shall be entitled, in addition to the payment for work performed up to that point, to compensation for any additional expenses incurred, such as those for the storage and preservation of the goods owed.

(10) For hourly work and additional services beyond the original contract, we will provide our clients with a daily site report or site/complaint form. Upon receipt of our site/complaint form, please respond to its contents promptly, and no later than within three (3) working days. After this period, the site/complaint form will be considered accepted unless you have returned it marked "not accepted" or have raised objections on this form or separately in writing. We will explicitly reiterate this acceptance in our daily site report or site/complaint form after the three (3) working day period has expired.

(11) Services generally do not include assembly or construction work. This only applies if we have expressly agreed otherwise with our customers. In this case, the following provisions for assembly or construction work apply additionally:

  • (a) Installation services will be billed at the agreed rates based on time and effort, unless a fixed price has been expressly agreed upon. Flooring and paving work before and after installation is not included , unless we have expressly agreed otherwise with our customers.
  • (b) If one of our customers wishes to reschedule a confirmed appointment, this is possible free of charge up to two (2) weeks before the scheduled date. After this period, a flat fee of €1,400 (net) will be charged, regardless of the duration of the agreed installation or construction work. Our customer is entitled to prove that no damage was incurred or that the damage was less than claimed. We expressly point out that we will invoice our customers for these additional costs in the event of short-notice cancellations or rescheduling.
  • (c) We are entitled to use subcontractors to provide our services.
  • (d) Our clients maintain public order on the construction site and coordinate the work of the various companies. They take care of obtaining the necessary public permits, licenses, and notifications from the local authorities and also provide us with the required plans. The clients provide us with the necessary information and documents, as well as the requested assistance, in a timely manner and free of charge.
  • (e) Our customers must also take all necessary measures to protect personnel and property at the installation site. They must inform the installation manager of any existing safety regulations, insofar as this is relevant to the installation personnel and the execution of the installation.
  • (f) Our customers are obligated, at their own expense, in particular to:
    • - to carry out all earthworks, construction and safety measures, to prepare the construction site and to provide suitable storage areas with a firm surface in the immediate vicinity of the construction site;
    • - To provide lighting, operating power, water, electrical energy including lighting of the assembly site in the immediate vicinity of the construction site free of charge;
    • - to provide lockable rooms, if necessary, for the storage of high-quality components;
    • - to arrange for the transport of the assembly parts to the assembly site, and to protect the assembly site and the materials from harmful influences of any kind;
    • - Our customers ensure that an authorized person is available on site or otherwise reachable who can show us the exact location and is also authorized to approve or accept further work;
    • - Our customers will remove excess materials such as sand and soil; in addition, a clear work area with a diameter of 2.5 meters is required, and our customers will provide this. If this is not available, any resulting additional costs and any necessary extra labor will be borne by the customers.
    • - in addition, unimpeded access must be possible; and - finally, the site must be developed.
  • (g) Adjacent building components, walls, etc., must be structurally sound and suitable for the planned installation. It is the responsibility of the customer to verify this. A solid masonry structure is required for setting the anchors. Any necessary facade recesses (e.g., in the thermal insulation) must be provided according to the specific construction. During installation, it is often unavoidable that plaster or paintwork will be damaged in the area of the connection points. Repairing and repainting is not included in our scope of services.
  • (h) The installation site/construction site must be freely accessible. Our installation personnel work with mobile scaffolding up to a height of 2.00 m. If the installation site requires fixed scaffolding, this must be erected by the respective customer. The foundations must be exposed before installation begins (the floor covering must be removed by the customer)
  • (i) Our customers can only call upon the assembly personnel once the material and any supplies provided by them have fully arrived at the assembly site and all assembly preparations have been made on site.
  • (j) Our customers must ensure that the installation can be carried out unhindered and in one continuous operation during the following times (generally on weekdays (Monday to Saturday) between 7 a.m. and 5 p.m.). If our customers cause costs for waiting times or other additional expenses during the installation, or if such additional costs arise from services subsequently requested by our customers, we are entitled to invoice these costs separately according to the agreed rates. Furthermore, we refer to clause 5, paragraph (9).

7. Reservation of self-supply

Should materials or other items become unavailable because our supplier, through no fault of our own, fails to deliver despite a contractual obligation, we will be released from our performance obligations and may withdraw from the contract with our customers or (if construction and assembly services have been agreed upon) terminate it. Section 648a Paragraph 2 of the German Civil Code (partial termination) applies accordingly. In the event of withdrawal or termination, we will inform our customers immediately that the ordered materials or items are unavailable and that we will promptly refund any payments already made.

8. Cancellation clause

If our customers withdraw from the contract without legal justification and we accept the withdrawal as a gesture of goodwill, or if we jointly cancel the contract as a gesture of goodwill, we are entitled to demand a lump-sum compensation for expenses from them in the following amount:

(i) up to an order value of €1,000,- €100,- (net),

(ii) from an order value of € 1,001 up to an order value of € 49,999, € 300 (net), and

(iii) For orders exceeding €50,000, 2% of the purchase or order price (net) will be charged. This applies only if our customers request cancellation or withdrawal within three (3) days of receiving our order confirmation. Our customers are entitled to prove that no damage has occurred or that the damage is less than claimed.

To clarify: If a delivery has already been completed or our services have been fully rendered, we are not prepared to accept a cancellation. Furthermore, we are also not prepared to accept cancellations for double-decker parking systems, custom sizes, or made-to-order products (e.g., powder coating in general and powder coating in special colors).

9. Down payment, invoicing, (remaining) payment

(1) We charge a deposit in the following amount:

  • (i) for new customers 100% of the purchase or order price (net) and
  • (ii) For existing customers, a down payment of 50% of the purchase or order price (net) is required for orders exceeding €12,500. Customers can find the exact down payment amounts in their order confirmation. We will issue a separate invoice to each customer, payable within ten (10) days without deductions or discounts.

(2) We will charge interim invoices

  • (i) according to the progress of construction or
  • (ii) as agreed with the respective customer. Customers can find the exact percentages (plus applicable VAT) in their order confirmation. We will also issue separate invoices for these, which are payable within ten (10) days without deductions or discounts.

(3) Upon completion of our work, which includes assembly and construction work, we will issue a final invoice that is verifiable. The final invoice is verifiable if it contains a clear and concise statement of the services rendered and is comprehensible to the client. If justified objections to the verifiability are not raised within seven (7) days, our clients may no longer invoke the lack of verifiability. The review of the final invoice should be expedited as much as possible. If it is delayed, the undisputed balance is payable immediately as a partial payment.

(4) Our invoices are due within ten (10) days without deduction unless we have expressly agreed otherwise with you.

(5) A discount requires a prior individual agreement in writing for each individual order. We will not agree to a discount if older invoices are still outstanding (regardless of the invoice amount).

(6) Any agreements to the contrary regarding payment terms or discounts must also be in writing.

(7) Our customers automatically default 30 days after receipt of our invoice. This means that after 30 days, for example, default interest and reminder fees may be added. No reminder is required for this.

(8) In the event of late payment, our claims are governed by Section 288 of the German Civil Code (BGB), in particular we may charge interest at a rate of 9% above the applicable base interest rate and a flat fee of €40. This flat fee will be credited against any damages incurred in the course of legal proceedings.

10. Prohibition of set-off/right of retention

Our customers can only offset undisputed or legally established claims. This also applies to the assertion of a right of retention.

11. Plans/Drawings

We retain ownership and copyright, or the copyrights of our licensors, to all our plans, 3D drawings, designs, sketches, and specifications. Our clients may not use, reproduce, or make these available to third parties without our consent, unless we have expressly agreed otherwise. If no order is placed with us, these documents must be returned to us immediately.

12. Retention of title, dismantling obligation

(1) We retain title to the goods delivered or the works produced by us until full payment of the purchase price or contract price. Our customers are obligated to handle our goods or works with care and to insure them at their own expense against fire and water damage as well as theft. If maintenance and inspection work is required, our customers must carry it out or have it carried out at their own expense, unless our customers have commissioned us to perform this work.

(2) We hereby permit our customers who act as retailers and have entered into a retailer agreement with us to resell our goods in the ordinary course of business. The retailers hereby assign to us their claims (including VAT) against the end customer arising from the resale of our goods. We hereby accept this assignment. They remain authorized to collect the receivables. We are entitled to revoke this authorization if

  • (i) they are in arrears with payments totaling EUR 5,000 for at least two months,
  • (ii) insolvency proceedings have been opened or an application for insolvency proceedings has been filed and this application has not been withdrawn within three months or
  • (iii) they have submitted a declaration pursuant to Section 802c of the German Code of Civil Procedure (ZPO) or Section 807 of the German Code of Civil Procedure (ZPO). In this case, the merchants must inform their customers accordingly. Payments already received must be made to a separate account. We are obligated to release claims at the merchants' request (in writing) if the realizable value of our collateral exceeds the value of our claims by 10% or more. This coverage limit is increased by the applicable value-added tax (VAT) rate, insofar as we are required to pay VAT in the event of realization.

(3) Customers do not acquire ownership of goods subject to retention of title through processing or transformation. It is expressly agreed that we are processors within the meaning of Section 950 of the German Civil Code (BGB).

(4) In the event of combination or mixing with goods not belonging to us, we shall acquire co-ownership of the new item in proportion to the invoice value of the mixed goods.

(5) Our customers undertake, in the event of non-compliance with payment obligations amounting to at least €500 (net) to us, to permit the dismantling of items that can be removed without significantly impairing the building structure and to transfer ownership of these items back to us. If our customers infringe upon our aforementioned rights, they are liable to us for damages. The costs of dismantling and other reasonable related costs shall be borne by our customers.

13. Guarantees/Right of Withdrawal In the event that

  • (i) our customer is in arrears with payments totaling 5,000 EUR for at least two months,
  • (ii) insolvency proceedings have been opened or an application for insolvency proceedings has been filed and this application has not been withdrawn within three months or
  • (iii) If he/she has submitted a declaration pursuant to Section 802c of the German Code of Civil Procedure (ZPO) or Section 807 of the German Code of Civil Procedure (ZPO), we are entitled to demand security for our outstanding claims. Should our customer fail to provide such security within two weeks of our written request, we are entitled to withdraw from the contract with immediate effect.

14. Acceptance

(1) Upon completion, both parties may request acceptance in accordance with Section 640 of the German Civil Code (BGB). In this case, acceptance must be carried out within six (6) working days. If necessary, we may mutually agree on a different deadline.

(2) A formal inspection shall take place if either party so requests. Each party may, at its own expense, engage an expert. The result shall be recorded in a joint protocol, including any reservations and objections. Each party shall receive a copy thereof.

(3) Acceptance may be refused due to significant defects until they are remedied.

(4) If no acceptance is requested, the service shall be deemed accepted upon the expiry of six (6) working days after our notification (in writing) of completion of the service. During this period, our customers may refuse acceptance. In doing so, they must specify (at least) one defect that is material and actually exists. In our notification, we will expressly remind our customers of the consequences of remaining silent.

(5) The service shall also be deemed accepted if we have set our customers a reasonable deadline (at least six (6) working days) for acceptance and they have not refused acceptance within that deadline, specifying at least one defect that is material and actually exists. In our notification, we will expressly remind our customers of the consequences of remaining silent.

(6) If our customers request permission to use parts of our work, they must accept this permission at our request, even if it does not constitute a complete part of our work. Otherwise, we are not obliged to grant permission.

(7) Section 650g of the German Civil Code (determination of condition/refusal of acceptance) applies accordingly to all cases in which our customers refuse acceptance.

15. Transport damage

(only for orders from customers who are merchants, not for orders that include construction or assembly services)

Our customers must inspect the delivered goods for defects immediately upon collection or delivery. Depending on the mode of transport, the following deadlines apply for reporting defects:

  • (i) In the case of transport by parcel service or freight forwarder: Obvious defects or damage must be reported to us immediately, and at the latest within two weeks, in writing. The delivered goods should be unpacked, if possible, in the presence of the delivering person, who should, if possible, certify the damage or defects on the waybill or parcel slip; or
  • (iii) In the case of transport by rail: Obvious defects or damage must be reported to us immediately, and at the latest within two weeks, in writing. The delivered goods should be unpacked, if possible, in the presence of the railway-authorized transport company. Any defects or damage should be certified by this company, and a report of the facts should be requested from the freight handling office as soon as possible.

If obvious defects are not reported to us, not reported in a timely manner, or not reported in the correct form, our warranty for those defects is void. Other defects or damages must be reported to us immediately, and at the latest within two weeks of discovery.

16. Warranty

(1) Minor variations in color and shape compared to our descriptions in our catalogs or on our website, or minor color variations in samples, do not constitute a defect. This also applies to minor color variations in products from third-party companies that our customers have selected from catalogs or exhibitions and that we have then ordered for them.

(2) Similarly, samples of components represent the average quality. Therefore, not all components will conform to this sample. Minor differences from the sample do not constitute a defect. This also applies to their dimensions and weight. These are approximate values that may vary by up to 10% above or below. These deviations also do not constitute a defect.

(3) Natural changes to our components or other materials do not constitute a defect. This also applies to natural changes in wood (e.g., cracks or slight discoloration) and discoloration of the galvanizing, provided that these remain within the limits of the relevant DIN standard (DIN EN ISO 1461).

(4) For natural products such as wood, the warranty is conditional upon regular and proper care. Damage or malfunctions resulting from incorrect operation, inadequate maintenance, use of force or natural wear and tear are not covered by the warranty.

(5) The statutory warranty provisions shall apply, including Section 377 of the German Commercial Code (duty to inspect and give notice of defects), with the exception of the following reduction of the warranty period, the following paragraph on the duty to inspect and the provision on liability (paragraph 25).

(6) The warranty period is one year from the statutory commencement of the limitation period; this expressly also applies to electrical or moving components – unless we have assumed a guarantee for the respective product or goods (in particular bicycle stands and shelters); in this case, the limitation period specified for the respective product applies.

(7) When using plans or drawings provided to us by our clients: If we have concerns about the specified method of execution based on the plans or drawings provided to us for existing buildings, we will inform our clients of this immediately, if possible before work begins, in writing; however, our clients remain responsible for their specifications or instructions. For buildings not yet existing, our obligation to provide information and notification is limited to obvious errors in the plans or drawings. Should our clients insist on the specified method of execution or their instructions despite our concerns, we cannot accept liability for any resulting defects in our services or work. Accordingly, any (potential) warranty claims by our clients that may arise from this are excluded. Furthermore, the site risk remains with our clients. We may rely on expert reports provided to us by our clients regarding the conditions of the building site. Should additional costs arise in relation to clarifying the situation of the building site, e.g. for a corresponding expert opinion, these costs are to be borne by our customers, unless we have exceptionally agreed otherwise with them.

For clarification: Third-party services (such as foundations and electrical wiring) are excluded from our warranty and liability. This also applies to components ordered or supplied by our clients themselves.

(8) In the event of a warranty claim or if you have any questions, please contact our customer service department at:

GRONARD GmbH

Bayerwaldstr. 23

81737 Munich

Phone: +49(0)89 890 855 40

E-Mail: info@gronard.de

All rights to our trademarks, all copyrights, database rights, design rights, rights relating to company names and logos, and other intellectual property rights belong to us or our licensors. Our users may only reproduce, modify, process, publicly display, or otherwise use our trademarks, copyrights, and other aforementioned intellectual property rights, in whole or in part, with our prior written consent. We will exhaust all legal means to defend our trademarks, copyrights, and other aforementioned intellectual property rights against infringement and to enforce these rights against infringers.

18. Code of Conduct

(1) Our users must comply with legal regulations (including competition law) and applicable law, respect the rights of third parties, and may not violate the regulations concerning youth protection and data privacy as well as our Terms and Conditions. In particular, our users may not

  • (i) Offering or distributing (without authorization) data, content, services, products, technical drawings or plans that are legally protected or encumbered by the rights of third parties, in particular copyrights or trademark rights,
  • (ii) insult, defame or discriminate against other users, or
  • (iii) Offering or distributing data, content, services, products, technical drawings or plans that violate public decency, youth protection regulations or data protection laws, or for the purpose of committing fraud.

(2) To ensure the quality of our B2B portal, in addition to compliance with legal regulations and our terms and conditions, we consider trustworthy and respectful interaction on our B2B portal to be important. In particular, our users must therefore not

  • (i) Spread viruses, Trojans or other harmful files,
  • (ii) Sending spam emails,
  • (iii) Uploading images or videos of recognizable persons without their consent or the consent of their parents or legal representatives,
  • (iv) excessively use our platform, in particular by making too many requests or initiating too many advertisements (keyword: web crawler), or
  • (v) provide other people's addresses, email addresses or telephone numbers.

(3) Should any of our users become aware of such use of our platform that violates applicable law or our Terms and Conditions, please contact our customer service at

GRONARD GmbH

Bayerwaldstr. 23

81737 Munich

Phone: +49(0)89 890 855 40

E-Mail: info@gronard.de

19. Removal or blocking of data and content, blocking of profiles

We are committed to resolving situations that violate our Terms and Conditions or applicable law constructively and amicably with our users. However, should this not be possible, we must reserve the right to block or remove data, plans, and other content submitted or uploaded by our users, or to temporarily or even permanently block their access.

20. Usage rights, warranty, indemnification

(1) In order to display the data, plans, and other content of our users on our B2B portal, our users grant us a non-exclusive, sublicensable, geographically unlimited, and royalty-free right to use their data, plans, and other content. This right is limited to the duration of our user agreement and may be sublicensed to other users within their user group (e.g., their company). This grant of rights also includes so-called "intellectual property," in particular the right to display and publish the trademarks and logos of our users, their respective companies, or the respective public legal entities within our B2B portal. All other rights are reserved by our users or the companies or public legal entities they represent.

(2) This right of use entitles us in particular to display, process, store on our servers, distribute, reproduce (to the extent required under our user agreement), display users within their user group (e.g., their company), and use and process their business name, names, logos, trademarks, data, plans, and other content on our B2B portal, or the companies or legal entities under public law they represent, as described above.

(3) Our users guarantee to us that data, plans and other content do not infringe the rights of third parties, that they have given or have the necessary consents (e.g. clause 18 para. (2) (iii)) and that they can grant us the rights of use contained in paragraph (1).

(4) Should one of our users or a third party (including administrative authorities) bring a claim against us for infringement of their rights or legal regulations, our users shall indemnify us against all claims, costs and expenses of that third party (including reasonable costs of legal proceedings and fines), provided that

  • (i) we have informed our users by email about the making of such claims,
  • (ii) the recognition, defense against claims or a settlement will only take place after appropriate consent (email) from our users, and
  • (iii) Legal remedies can only be waived or withdrawn with the consent (email) of our users. This applies accordingly to the submission of a cease-and-desist declaration, a declaration of submission, or a declaration of settlement. Furthermore, we will inform each other comprehensively and promptly about new letters, pleadings, emails, etc. If the aforementioned coordination with our users does not occur within the specified time limits and we have no further legal recourse options, we are free to choose our defense and legal remedy.

21. User data entered

(1) Our users may add data, content and technical drawings and plans to their profiles.

(2) Our users hereby grant us a right of use in accordance with section 20 paragraphs (1) and (2).

(3) If our users remove or delete the data, content, technical drawings or plans they have uploaded, our right of use expires. We may, however, continue to retain backup or verification copies.

(4) Paragraphs (4) and (5) of section 20 shall apply accordingly.

22. Availability

(1) We will endeavor to provide our B2B portal with as little interruption as possible. However, despite our best efforts, we cannot rule out downtime, meaning that our users can only access our B2B portal "as it is currently available." We therefore cannot accept liability for interruptions or other disruptions.

(2) Since the internet connection is not part of the use of our B2B portal, it is excluded from this clause. The internet connection in the respective company, the respective legal entity under public law, or the user's own internet connection is the responsibility of the company, the legal entity under public law, or the user.

23. Configurator

The configurator is based on information provided by our users. We cannot verify the completeness or accuracy of this information. Therefore, we cannot guarantee that the results provided by our configurator are correct or suitable for our users' specific projects. We can only confirm suitability for a particular project after individually reviewing the information, documents, and plans provided by our users.

24. Data security, usage, liability for data loss

(1) Our users must back up their data, content, plans and drawings by making their own backups.

(2) We shall not be liable for the loss of data, content, technical drawings, plans, communications and information insofar as this is due to our users' failure to comply with their obligations under paragraph (1).

25. Liability

We are liable for damages (regardless of the legal basis) in accordance with the following provisions under letters (a), (b), and (c): (a) We are liable without limitation for intentional and grossly negligent breaches of duty. This also applies if we fraudulently conceal a defect or have assumed a guarantee for the quality of the goods, for damages resulting from injury to life, body, or health, and in the case of liability under the Product Liability Act. (b) In cases of slight negligence, we are liable for damages only for breaches of a material contractual obligation (an obligation whose fulfillment is essential for the proper performance of the contract and on whose compliance the contractual partner regularly relies or may rely); in this case, liability is limited to foreseeable damages that typically arise. Otherwise, claims for damages are excluded. (c) To the extent that our liability is excluded or limited, this also applies to the personal liability of our legal representatives and vicarious agents.

26. Notices of Termination/Resignation

Notices of termination, reminders, deadlines or declarations of withdrawal must be in written form.

27. Contract duration, renewal, termination (for maintenance contracts)

(1) Our maintenance agreement begins upon conclusion of the contract and runs for one (1) year at a time. It is automatically renewed indefinitely unless terminated with one (1) month's notice prior to the end of the current term. After renewal, the maintenance agreement may be terminated at any time with one (1) month's notice. We may also mutually agree on a different price.

(2) The right to extraordinary termination for good cause remains unaffected. Good cause includes, in particular,

  • (i) the non-payment of our maintenance costs despite two reminders
  • (ii) the opening of insolvency proceedings,
  • (iii) the filing of an application for insolvency proceedings and the fact that this application was not withdrawn within three months,
  • (iv) our customer has submitted a declaration pursuant to Section 802c of the Code of Civil Procedure or Section 807 of the Code of Civil Procedure or
  • (v) repeated and persistent violations of our terms and conditions, legal provisions or the rights of third parties.

In the latter cases, termination without notice requires that we have issued our customer a written warning and requested that they remedy the cause of the breach within a reasonable timeframe. A warning is unnecessary if our customer seriously and definitively refuses to change their behavior or pay our fees, or if there are special circumstances that, after weighing the interests of both parties, justify termination without notice.

28. Final Provisions

The laws of the Federal Republic of Germany apply; the United Nations Convention on Contracts for the International Sale of Goods is excluded. The place of performance is Munich. If our customer is a merchant, the exclusive place of jurisdiction is Munich.