General Terms and Conditions of Sale

Scope

These terms and conditions apply to all purchases from Graves Leathercraft, which are made by private customers. Private customers in this sense are individuals insofar as the goods they order cannot be attributed to their commercial or independent professional activity.

Prices and shipping costs

The prices quoted are final prices plus shipping costs. According to Section 19 of the German Value Added Tax Act (UStG), we do not charge any sales tax and therefore do not display it. The amount stated at the time of the binding order applies. Shipping costs depend on the shipping method and the size and weight of the goods you have ordered and are calculated when the order is completed. The regular costs of return, which in the event of a return of the goods by you in exercise of your Right of withdrawal arise, you bear.

payment

Payment is made before delivery by:

  • credit card
  • PayPal

Late payment

If you default on payment, Gräber Leathercraft is entitled to charge default interest at a rate of 5 percentage points above the base interest rate announced by the Deutsche Bundesbank for the time of the order. If Gräber Leathercraft can prove that it has incurred greater damages due to the default, Gräber Leathercraft is entitled to claim these damages.

Right of retention

The customer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

Delivery

(1) Delivery shall be made to the delivery address specified by the customer, within:

– Europe

(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other service permanently impossible, Gräber Leathercraft's obligation to perform is excluded. Any amounts already paid will be refunded immediately by Gräber Leathercraft.

(3) Gräber Leathercraft may also refuse performance if this requires an effort that, taking into account the content of the purchase contract and the principles of good faith, is grossly disproportionate to the customer's interest in fulfilling the purchase contract. Any amounts already paid will be refunded by Gräber Leathercraft immediately.

(4) Bulky goods (packages with a volume greater than 1 square meter) are generally delivered by freight forwarder. Gräber Leathercraft expressly states that these items will not be carried into the premises.

Return

(1) When returning the goods and accessories, please use the original packaging if possible, unless it has been damaged by an opening for functional testing.

(2) Please use the fully stamped and addressed return label enclosed with the delivery for the return shipment. You will bear the return shipping costs yourself, regardless of the value of the goods.

Warranty rights

(1) A product that is already defective upon delivery (warranty case) will be replaced by Gräber Leathercraft with a defect-free product or professionally repaired (subsequent performance), at the customer's discretion and at Gräber Leathercraft's expense. The customer is advised that no warranty claim exists if the product had the agreed quality at the time of transfer of risk. A warranty claim does not exist, in particular, in the following cases:

a) in the event of damage caused to the customer through misuse or improper use,

b) in the event of damage caused by the products being exposed to harmful external influences at the customer's premises (in particular extreme temperatures, humidity, exceptional physical or electrical stress, voltage fluctuations, lightning strikes, static electricity, fire).

(2) Gräber Leathercraft also provides no warranty for a defect caused by improper repair by a service provider not authorized by the manufacturer.

(3) If the type of subsequent performance requested by the customer (replacement delivery or repair) requires an expenditure that, considering the product price and the terms of the contract and the principles of good faith, is grossly disproportionate to the customer's interest in the service – taking into account, in particular, the value of the purchased item in a defect-free condition, the significance of the defect, and the question of whether the other type of subsequent performance can be used without significant disadvantages for the customer – the customer's claim shall be limited to the other type of subsequent performance. Gräber Leathercraft's right to refuse this other type of subsequent performance under the aforementioned conditions remains unaffected.

(4) In the event of both repair and replacement, the customer is obligated to return the product at Gräber Leathercraft's expense, stating the order number, to the return address provided by the customer. Before returning the product, the customer must remove any items inserted into the product. Gräber Leathercraft is not obligated to inspect the product for the presence of such items. Gräber Leathercraft is not liable for the loss of such items unless, upon return of the product, it was readily apparent to Gräber Leathercraft that such an item had been inserted into the product (in this case, Gräber Leathercraft will inform the customer and hold the item for collection; the customer shall bear the resulting costs).

(5) If the customer sends the goods in order to receive a replacement product, the return of the defective product is subject to the following provisions: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer must reimburse the value of the use derived by him. For any loss or further deterioration of the goods not caused by the defect, as well as for the impossibility of returning the goods in the period between delivery of the goods and return of the goods not caused by the defect, the customer must pay compensation. The customer is not obliged to pay compensation for deterioration of the goods resulting from the intended use of the goods. The obligation to pay compensation for the value of the returned defective product in a warranty case also does not apply if:

a) if the defect giving rise to the right to withdrawal only became apparent during processing or modification,

b) if Gräber Leathercraft is responsible for the deterioration or loss or if the damage would also have occurred at Gräber Leathercraft,

c) if the deterioration or loss occurred at the customer's premises despite the customer having exercised the same level of care that he would normally apply in his own affairs.

(6) The customer’s liability for damages in the event of a breach of the obligation to return goods for which the customer is responsible shall be governed by the statutory provisions.

(7) The customer may, at his discretion, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in the product being in a condition that complies with the contract within a reasonable period of time.

(8) In addition, claims may also exist against the manufacturer within the framework of a guarantee granted by the manufacturer, which are governed by the relevant guarantee conditions.

(9) Gräber Leathercraft's statutory warranty expires two years from delivery of the goods. This period begins upon receipt of the goods.

Liability

(1) In cases of slight negligence, Gräber Leathercraft's liability is limited to foreseeable damages only in the event of a breach of essential contractual obligations. This limitation does not apply to injury to life, limb, or health. Gräber Leathercraft is not liable for other damages caused by slight negligence due to a defect in the purchased item.

(2) Regardless of any fault on the part of Gräber Leathercraft, Gräber Leathercraft's liability remains unaffected in the event of fraudulent concealment of the defect or the assumption of a guarantee. The manufacturer's guarantee is a guarantee provided by the manufacturer and does not constitute an assumption of a guarantee by Gräber Leathercraft.

(3) Gräber Leathercraft shall also be liable for any impossibility of delivery occurring accidentally during its delay, unless the damage would have occurred even if the delivery had been made on time.

(4) The personal liability of the legal representatives, vicarious agents and employees of Gräber Leathercraft for damages caused by them through slight negligence is excluded.

Applicable law

The contract concluded between you and Gräber Leathercraft is governed exclusively by the laws of the Federal Republic of Germany, expressly excluding the UN Convention on Contracts for the International Sale of Goods. The mandatory provisions of the state in which you have your habitual residence remain unaffected.

Place of jurisdiction

If, contrary to the information you provided when placing your order, you do not have a residence in the Federal Republic of Germany or if you move your residence abroad after conclusion of the contract or if your residence is unknown at the time the action is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be the Saarbrücken District Court.

Dispute resolution

General information obligations regarding alternative dispute resolution pursuant to Art. 14 (1) of the ODR Regulation and Section 36 of the Consumer Dispute Resolution Act (VSBG): The European Commission provides a platform for online dispute resolution (ODR), which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Final provisions

(1) Should individual provisions of this contract be or become invalid or void in whole or in part, the validity of the remaining provisions of the contract shall not be affected, provided that one of the contracting parties is not unreasonably disadvantaged as a result.

(2) Any changes or additions to this contract must be made in writing.