terms and conditions

Terms and Conditions of Sale

Scope

These terms and conditions apply to all purchases at Gräber Leathercraft made by private customers. Private customers in this sense are persons insofar as the goods ordered by them can be attributed neither to their commercial nor their independent professional activity.

Prices and shipping costs

The signalized prices are final prices plus shipping costs. According to § 19 UStG, we do not charge VAT and therefore do not report it. The amount shown at the time of the binding order applies. The shipping costs depend on the shipping method and the size and weight of the goods you have ordered and are determined at the time of completion of the order. The regular costs of the return, which arise in the event of a return of the goods by you in the exercise of your right of withdrawal , are borne by you.

Payment

Payment is made prior to delivery by:

• Credit card
• PayPal

Late payment

If you fall into arrears, Gräber Leathercraft is entitled to demand default interest in the amount of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank at the time of the order. If Gräber Leathercraft has demonstrably suffered a higher damage caused by delay, Gräber Leathercraft is entitled to assert this claim.

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 is excluded from its obligation to perform. Amounts already paid will be refunded immediately by Gräber Leathercraft.

(3) Gräber Leathercraft may also refuse performance should this requires an effort that is grossly disproportionate to the customer’s interest in fulfilling the purchase contract in compliance with the content of the purchase contract and the requirements of good faith. Amounts already paid will be refunded immediately by Gräber Leathercraft.

(4) Bulk goods (packages with a volume larger than 1 sqm) are usually delivered by forwarding agent. Gräber Leathercraft expressly points out that these goods are not carried into the house.

Return

(1) Please use the original packaging when returning the goods and accessories if possible, unless it is damaged by an opening for functional testing.

(2) Please use a fully stamped and addressed return label attached to the delivery of the goods for the return. You bear the return costs in the event of revocation, regardless of the value of the goods.

Rights of defects

(1) A defective product (warranty case) at the time of delivery shall be replaced by Gräber Leathercraft at the discretion of the customer at the expense of Gräber Leathercraft by a defect-free product or professionally repaired (supplementary performance). The customer is informed that there is no warranty case if the product had the agreed quality at the time of the transfer of risk. Warranty has not been made in particular in the following cases:

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

b) in the event of damage caused by the fact that the products have been exposed to harmful external influences at the customer’s premises (in particular extreme temperatures, humidity, extraordinary physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).

(2) Furthermore, Gräber Leathercraft does not guarantee a defect caused by improper repair by a service provider not authorized by the manufacturer.

(3) If the type of supplementary performance (replacement delivery or repair) requested by the customer requires to be an effort which, in view of the product price, is in a gross disproportion to the customer’s interest in performance, the customers claim is limited to the respective other type of supplemetary performance. The right of Gräber Leathercraft to refuse this other type of supplementary performance under the aforementioned condition remains unaffected.

(4) Both in the event of repair and in the event of a replacement delivery, the customer is obliged to send the product at the expense of Gräber Leathercraft to the return address specified by him, stating the order number. Before submitting, the customer must remove items inserted by him from the product. Gräber Leathercraft is not obliged to inspect the product for the installation of such items. Gräber Leathercraft is not liable for the loss of such items, unless it was readily apparent when the product was taken back for Gräber Leathercraft that such an item has been inserted into the product (in this case, Gräber Leathercraft informs the customer and keeps the item ready for the customer for collection; the customer bears the costs incurred).

(5) If the customer submits the goods in order to receive an exchange product, the return of the defective product shall be based on the following proviso: If the customer was able to use the goods between delivery and return in defect-free condition, the customer must refund the value of the uses drawn by him. The customer shall compensate for the loss or further deterioration of the goods in the period between delivery of the goods and the return of the goods for the non-loss of the goods or for the impossibility of returning the goods, which did not occur as a matter of defect due to the defect. The customer does not have to compensate for the deterioration of the goods caused by the intended use of the goods. The obligation to replace value also applies for the return of a defective product in the event of a warranty,

a) if the defect justifying withdrawal has only become apparent during processing or transformation,

b) if Gräber Leathercraft is responsible for the deterioration or destruction or if the damage would also have occurred in the case of Gräber Leathercraft,

c) if the deterioration or loss has occurred on the part of the customer, although the customer has observed the care that he uses in his own affairs.

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

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

(8) In addition, claims may also exist against the manufacturer under a guarantee granted by the manufacturer, which is governed by the relevant warranty conditions.

(9) The statutory warranty of Gräber Leathercraft ends two years from delivery of the goods. The period begins with the receipt of the goods.

liability

(1) In the event of slight negligence, Gräber Leathercraft shall only be liable for the breach of essential contractual obligations and limited to the foreseeable damage. This restriction does not apply to injury to life, body and health. Gräber Leathercraft is not liable for other damages caused by slight negligence due to a defect in the object of purchase.

(2) Irrespective of any fault on the part of Gräber Leathercraft, Gräber Leathercraft’s liability shall remain unaffected in the event of fraudulent concealment of the defect or from the assumption of a guarantee. The manufacturer’s warranty is a warranty of the manufacturer and does not constitute a guarantee by Gräber Leathercraft.

(3) Gräber Leathercraft is also responsible for the impossibility of delivery occurring by chance during its delay, unless the damage would have occurred even with timely delivery.

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

Applicable law

The contract concluded between you and Gräber Leathercraft is exclusively subject to the law of the Federal Republic of Germany to the express exclusion of the UN Convention on Contracts for the International Sale of Goods. This does not affect the mandatory provisions of the state in which you are habitually resident.

Jurisdiction

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

Dispute resolution

General information obligations for alternative dispute resolution according to Art. 14 para. 1 ODR-VO and § 36 VSBG (Consumer Dispute Resolution Act): The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

Final provisions

(1) Should individual provisions of this contract be or become ineffective or void in whole or in part, this shall not affect the validity of the remaining contract, insofar as a contractual partner is not unduly disadvantaged by this.

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