Terms and Conditions

Table of Contents

1. Scope of Application
2. Conclusion of the Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
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 of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Jaroslaw Slodkiewicz, trading 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 its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed.

1.2 For the purposes of these General Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity.

1.3 For the purposes of these General Terms and Conditions, an entrepreneur is a natural person, legal entity, or partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2) Conclusion of the Contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers by the seller but serve as the basis for the submission of a binding offer by the customer.

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

2.3 The seller may 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), in which case receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, in which case receipt of the goods by the customer is decisive, or
• by requesting payment from the customer after the customer has placed the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day following the customer's submission of the offer and ends upon expiry of the fifth day following submission of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, 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"), subject to 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 - subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If 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 time 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 conclusion of the contract and sent to the customer in text form (e.g., by email, fax, or letter) after the customer has submitted their order. The seller does not provide any further access to the contract text. If the customer has set up a user account in the seller's online shop before submitting their order, the order data are archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account using the relevant login details.

2.6 Before submitting the order bindingly 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 of facilitating the detection of input errors may be the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries during 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 concluding the contract. The specific language selection is displayed in the online shop.

2.8 Order processing is generally carried out automatically by email. 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 that address.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal is provided in the seller's withdrawal instructions.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices indicated are total prices. No value-added tax is charged because the seller is exempt from value-added tax as a small business. Any additional delivery and shipping costs incurred shall be stated separately in the respective product description.

4.2 The available payment method(s) shall be communicated to the customer in the seller's online shop.

4.3 If payment in advance by bank transfer has been agreed, payment shall be due immediately upon conclusion of the contract, unless the parties have agreed a later due date.

4.4 If a payment method offered through the payment service "PayPal" is selected, payment processing shall take place through PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods through PayPal under which the seller makes advance payment to the customer (e.g. purchase on account or payment by instalments), the seller assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer in this respect. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall conduct a credit assessment using the customer data transmitted. The seller reserves the right to refuse the customer the selected payment method in the event of a negative assessment result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the customer may make payment with discharging effect only to PayPal or to the payment service provider commissioned by PayPal. However, even in the event of assignment of the claim, the seller shall remain responsible for general customer enquiries, e.g. concerning the goods, delivery time, dispatch, returns, complaints, declarations of withdrawal and the sending of such declarations, or credits.

4.5 If a payment method offered via the "Apple Pay" payment service is selected, payment processing shall be carried out by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). The individual payment methods offered via Apple Pay shall be communicated to the customer in the seller's online shop. Apple may use additional payment services to process payments, for which special payment conditions may apply and about which the customer may be informed separately, where applicable. Further information about Apple Pay is available on the Internet at https://www.apple.com/de/apple-pay/ available.

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

4.7 If a payment method offered via the "Stripe" payment service is selected, payment processing shall 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 via Stripe shall be communicated to the customer in the seller's online shop. Stripe may use additional payment services to process payments, for which special payment conditions may apply and about which the customer may be informed separately, where applicable. Further information about Stripe is available on the Internet at https://stripe.com/de available.

5) Delivery and shipping conditions

5.1 If the seller offers shipment of the goods, delivery shall be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. In handling the transaction, the delivery address specified during the seller's order process shall be decisive. Notwithstanding the foregoing, if the PayPal payment method is selected, the delivery address stored by the customer with PayPal at the time of payment shall be decisive.

5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. With regard to the costs of dispatch to the customer, this shall not apply if the customer effectively exercises their right of withdrawal. In the event that the customer effectively exercises their right of withdrawal, the provision set out in the seller's withdrawal instructions regarding the costs of returning the goods shall apply.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, carrier, or 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 shall generally pass to the customer only upon delivery of the goods to the customer or a person authorized to receive them. By way of derogation, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the customer as a consumer as soon as the seller has delivered the goods to the forwarding agent, carrier, or other person or institution designated to carry out the shipment, if the customer commissions the forwarding agent, carrier, or 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 If the customer acts as a consumer domiciled in Germany or as an entrepreneur, the seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. However, this shall apply only if the failure to deliver is not attributable to the seller and the seller has concluded a specific covering transaction with the supplier with the diligence required. The seller shall make all reasonable efforts to procure the goods. In the event that the goods are unavailable or only partially available, the customer shall be informed without delay and the consideration shall be refunded without delay.

5.5 Collection in person is not possible for logistical reasons.

6) Retention of title

If the seller makes advance performance, the seller reserves ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise provided for in the following provisions, the statutory provisions on liability for defects shall apply. By way of derogation, the following shall apply to contracts for the supply of goods:

7.1 If the customer acts as an entrepreneur,

• the seller shall have the right to choose the type of subsequent performance;
• for new goods, the limitation period for rights relating to defects is one year from delivery of the goods;
• the rights relating to defects are excluded for used goods;
• the limitation period does not begin anew if replacement delivery is made under the liability for defects.

7.2 The liability limitations and reductions of time limits stipulated above shall not apply

• for the customer's claims for damages and reimbursement of expenses,
• if the Seller has fraudulently concealed the defect,
• for goods that have been used for a structure in accordance with their customary manner of use and have caused its defectiveness,
• for any obligation of the Seller to provide updates for digital products that may exist, in contracts for the supply of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.

7.4 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code, the customer shall be subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 of the German Commercial Code. If the customer fails to fulfil the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If the customer acts as a consumer, the customer is requested to report delivered goods with obvious transport damage to the delivery person and to inform the Seller thereof. If the customer fails to do so, this shall have no effect whatsoever on the customer's statutory or contractual claims for defects.

8) Liability

The Seller shall be liable to the customer for claims for damages and reimbursement of expenses arising from all contractual, quasi-contractual and statutory claims, including tort claims, as follows:

8.1 The Seller shall have unlimited liability on any legal basis

• in the event of intent or gross negligence,
• in the event of intentional or negligent injury to life, limb or health,
• on the basis of a guarantee, unless otherwise provided in this regard,
• on the basis of mandatory liability, such as under the Product Liability Act.

8.2 If the customer acts as a consumer domiciled in Germany or as an entrepreneur, the following limitations of liability shall apply:

If the Seller negligently breaches a material contractual obligation, its liability shall be limited to the foreseeable damage typical for the contract, unless it has unlimited liability pursuant to the preceding clause. Material contractual obligations are obligations which, according to the content of the contract, the contract imposes on the Seller to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place, and compliance with which the customer may regularly rely on. In all other respects, the Seller's liability shall be excluded unless it has unlimited liability pursuant to the preceding clause.

8.3 The foregoing liability provisions shall also apply with regard to the Seller's liability for its vicarious agents and statutory representatives.

9) Special Conditions for the Processing of Goods in Accordance with Specific Instructions from the Customer

9.1 If, under the terms of the contract, the seller is also obligated, in addition to delivering the goods, to process the goods in accordance with specific instructions from the customer, the customer shall provide the seller with all content required for the processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the seller, and shall grant the seller the necessary rights of use for this purpose. The customer alone shall be responsible for procuring such content and acquiring the rights thereto. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, the customer shall ensure that this does not infringe any third-party rights, especially copyrights, trademark rights and personal rights.

9.2 The customer shall indemnify the seller against claims by third parties that such third parties may assert against the seller in connection with an infringement of their rights through the seller's contractual use of the customer's content. The customer shall also bear the necessary costs of legal defense, including all court and attorney's fees at the statutory rate. This shall not apply if the customer is not responsible for the infringement. In the event of claims being asserted against the seller by third parties, the customer shall immediately provide the seller, truthfully and completely, with all information necessary to examine the claims and mount a defense.

9.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates statutory or regulatory prohibitions or public morality. This applies in particular where content that is unconstitutional, racist, xenophobic, discriminatory, insulting, harmful to minors and/or glorifies violence is provided.

10) Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall apply only insofar as the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

11) Alternative Dispute Resolution

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