Terms of service

Table of contents

  1. Scope
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and payment terms
  5. Delivery and shipping conditions
  6. Retention of title
  7. Liability for defects (warranty)
  8. Liability
  9. Special conditions for the processing of goods according to specific requirements of the customer
  10. Applicable law
  11. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Jaroslaw Slodkiewicz, acting under "Gravicraft" (hereinafter "seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") concludes with the seller regarding the goods presented by the seller in their online shop. The inclusion of the customer's own conditions is hereby contradicted, unless something else is agreed upon.

1.2 A consumer in the sense of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity.

1.3 An entrepreneur in the sense of these terms and conditions is a natural or legal person or a partnership with legal capacity that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers from the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer can also submit the offer via email to the seller.

2.3 The seller can accept the customer's offer within five days,

  • by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
  • by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
  • by requesting payment from the customer after they have placed their order.

If multiple of the aforementioned alternatives are present, the contract is concluded at the moment one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends with the expiration of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, meaning that the customer is no longer bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the PayPal terms of use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or - if the customer does not have a PayPal account - under the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-fullIf the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the moment the customer clicks the button that completes the ordering process.

2.5 When ordering via the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and transmitted to the customer in text form (e.g., email, fax, or letter) after the customer has submitted their order. There will be no further accessibility of the contract text by the seller. If the customer has set up a user account in the seller's online shop before submitting their order, the order data will be archived on the seller's website and can be accessed by the customer free of charge through their password-protected user account by providing the corresponding login details.

2.6 Before placing a binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries within the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 Different languages are available for the conclusion of the contract. The specific language selection will be displayed in the online shop.

2.8 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered, especially when using SPAM filters.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's withdrawal instructions.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices. Value-added tax does not apply, as the seller is exempt from VAT as a small business. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 The payment options will be communicated to the customer in the seller's online shop.

4.3 If advance payment by bank transfer is agreed, payment is due immediately after the contract is concluded, unless the parties have agreed on a later due date.

4.4 When selecting a payment method offered through the payment service "PayPal," the payment processing is carried out via PayPal, which may also use the services of third-party payment providers. If the seller offers payment methods through PayPal where they advance payment to the customer (e.g., purchase on account or installment payment), they assign their payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the transmitted customer data. The seller reserves the right to refuse the selected payment method to the customer in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, they can only make payments to PayPal or the payment service provider commissioned by PayPal with discharging effect. However, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, revocation declarations and submissions, or credits, even in the case of the assignment of claims.

4.5 If a payment method offered through the payment service "Apple Pay" is selected, payment processing will be carried out by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). The individual payment methods offered through Apple Pay will be communicated to the customer in the seller's online shop. To process payments, Apple may use other payment services, for which special payment conditions may apply, of which the customer may be separately informed. More information about Apple Pay can be found online at https://www.apple.com/de/apple-pay/ available.

4.6 If a payment method offered through the payment service "Google Pay" is selected, payment processing will be carried out by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). The individual payment methods offered through Google Pay will be communicated to the customer in the seller's online shop. To process payments, Google may use other payment services, for which special payment conditions may apply, of which the customer may be separately informed. More information about Google Pay can be found online at https://pay.google.com/intl/de_de/about/ available.

4.7 If a payment method offered through the payment service "Stripe" is selected, payment processing will be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered through Stripe will be communicated to the customer in the seller's online shop. To process payments, Stripe may use other payment services, for which special payment conditions may apply, of which the customer may be separately informed. More information about Stripe can be found online at https://stripe.com/de available.

5) Delivery and Shipping Conditions

5.1 If the seller offers shipping of the goods, delivery will take place within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the transaction. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the customer at the time of payment with PayPal is decisive.

5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the reasonable costs incurred by the seller as a result. This does not apply to the costs of sending the goods if the customer effectively exercises his right of withdrawal. For the return shipping costs, the regulation made in the seller's withdrawal instruction applies in the case of effective exercise of the right of withdrawal by the customer.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes upon delivery of the goods to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer as a consumer as soon as the seller has delivered the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment, if the customer has commissioned the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the seller's fault and he has concluded a specific coverage transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of title

If the seller makes an advance payment, he retains ownership of the delivered goods until full payment of the owed purchase price has been made.

7) Liability for defects (Warranty)

Unless otherwise stated in the following provisions, the regulations of statutory liability for defects apply. Deviating from this, for contracts for the delivery of goods:

7.1 If the customer acts as an entrepreneur,

  • the seller has the choice of the type of subsequent performance;
  • for new goods, the limitation period for warranty rights is one year from delivery of the goods;
  • for used goods, the rights for defects are excluded;
  • the limitation period does not restart if a replacement delivery occurs within the framework of liability for defects.

7.2 The liability limitations and time reductions regulated above do not apply

  • for claims for damages and reimbursement of expenses from the customer,
  • in the event that the seller has fraudulently concealed the defect,
  • for goods that have been used for a building according to their usual manner of use and have caused its defects,
  • for any existing obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.

7.4 If the customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial inspection and notification obligations according to § 377 HGB. If the customer fails to fulfill the notification obligations regulated there, the goods are deemed approved.

7.5 If the customer acts as a consumer, they are requested to report delivered goods with obvious transport damage to the carrier and inform the seller of this. If the customer fails to do so, it has no effect on their statutory or contractual warranty claims.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual, and statutory, including tort claims for damages and reimbursement of expenses as follows:

8.1 The seller is fully liable for any legal reason.

  • in cases of intent or gross negligence,
  • in the event of intentional or negligent injury to life, body, or health,
  • due to a warranty promise, unless otherwise regulated in this regard,
  • due to mandatory liability, such as under the Product Liability Act.

8.2 If the seller negligently breaches a significant contractual obligation, liability is limited to the typical, foreseeable damage, unless unlimited liability is established according to the above clause. Significant contractual obligations are those duties that the contract imposes on the seller to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract and on which the customer can regularly rely.

8.3 Furthermore, the seller's liability is excluded.

8.4 The above liability provisions also apply with regard to the seller's liability for its agents and legal representatives.

9) Special Conditions for Processing Goods According to Specific Instructions from the Customer

9.1 If the seller is obligated under the contract to process the goods according to specific instructions from the customer in addition to delivering the goods, the customer must provide the seller with all content necessary for processing, such as texts, images, or graphics, in the file formats, formatting, image, and file sizes specified by the seller, and grant the necessary usage rights. The customer is solely responsible for obtaining and acquiring rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. They particularly ensure that no rights of third parties are violated, especially copyright, trademark, and personal rights.

9.2 The customer indemnifies the seller against claims from third parties that may assert these in connection with a violation of their rights through the contractual use of the customer's content by the seller. The customer also assumes the necessary costs of legal defense, including all court and attorney fees at the statutory rate. This does not apply if the legal violation is not attributable to the customer. The customer is obliged to provide the seller with all information necessary for the examination of the claims and a defense in the event of a claim by third parties, promptly, truthfully, and completely.

9.3 The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or regulatory prohibitions or good morals. This particularly applies to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to youth, and/or glorifying violence.

10) Applicable Law

For all legal relationships of the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of movable goods. This choice of law applies to consumers only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

11) Alternative Dispute Resolution

The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.