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Standard business terms (SBT) of Stiftung Gralsbotschaft, Stuttgart

Valid from: 20.5.2018

1. Area of application

1. The following standard business terms apply to all business relationships between you (as the customer) and us, viz. Stiftung Gralsbotschaft, Lenzhalde 15, 70192 Stuttgart, Germany (hereinafter referred to as ‘Stiftung’, ‘we’, ‘us’). The version of our standard business terms that is valid at the time of the order shall be considered to be binding.

2. Divergent stipulations of the customer shall not be accepted, unless we explicitly approve of their applicability in writing.

3. The goods and services that we offer are aimed at consumers. For the purposes of these standard business terms, a ‘consumer’ is any natural person who concludes the respective contract for a purpose that cannot be predominantly associated with the said person’s commercial or independent professional activities [§13 of the BGB (Civil Code)].

2. Contract conclusion

1. The presentation of the goods and services does not constitute a binding offer associated with the conclusion of a purchase contract. By placing your order, you make a binding offer of the conclusion of a purchase contract pertaining to the contracted goods and services.

2. In cases involving the delivery of goods [with the exception of orders for which you have selected a payment method involving prepayment (credit card or Paypal)], the purchase contract is considered to have been concluded when the ordered item is sent to you. If digital contents are ordered, the contract is considered to have been concluded when the said digital contents are made available for download. In case of services, the contract is considered to have been concluded when the bill is sent. An acknowledgement of the receipt of your order does not constitute acceptance of your offer. It merely serves to inform you that the order in question has been received.

3. Prices, shipping costs, delivery conditions

1. Unless otherwise agreed upon, the prices that are binding on the day of contract conclusion and displayed on our website shall apply. A default is considered to have occurred 30 days after billing. All the prices are final prices; they include the legal value added tax.

2. If shipping products are ordered, the following shipping costs shall accrue in addition to the product prices:

0 euros for shipping within Germany.

8.50 euros for shipping to other member nations of the European Union (EU).

12.50 euros for shipping to non-EU countries.

3. Ordering downloadable products does not entail any shipping costs. You can access purchased downloadable products at any time by using the download links that have been sent via e-mail; alternatively, you can also access purchased download products through the ‘My downloadable products’ section of your user account:

https://shop-gral.com/en-international/downloadable/customer/products/

4. Our delivery periods

In case of shipping products, the delivery periods for destinations within Germany, other member nations of the European Union (EU) and the European Free Trade Association (EFTA), and other countries are 3-8 working days, 5-12 working days and 15-30 working days, respectively.

5. Payment methods and payment conditions

1. In principle, payments can be made using credit cards or an internet payment service (PayPal). In the case of purchase on account transactions, payments can be made by transferring the respective payments to the Stiftung account specified in the respective bill. Payments are made in accordance with the following conditions:

2. Credit card: In the case of orders that are placed using credit cards, the payment procedures are handled by Stripe Payments Europe, Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland.

3. PayPal: If the ‘PayPal’ payment method is chosen, the payment procedures are handled by PayPal (Europe) S.à r.l. & Cie, S.C.A.. After you click the ‘Buy now’ option, you will be redirected to PayPal. You will be brought back to our shop after the payment has been made on the PayPal site.

4. Bill: The ‘bill’ payment method can only be selected if the shopping cart does not contain any downloadable products, and the billing address is in Germany. You shall receive a bill along with the delivery. The bill amount should be paid into the account specified in the bill within a period of 30 days.

If you have already given us a mandate for recurring SEPA direct debits, we shall use the direct debit facility to collect the bill amount from the bank account that you have disclosed to us; in such a case, the bill will notify you to that effect.

6. Reservation of ownership

We retain ownership of the delivered goods until all the debt claims associated with the order have been paid off in full. If you default on the payment for a period of more than 10 days, we shall have the right to withdraw from the contract and reclaim the goods.

7. Warranty

1. The legal warranty provisions shall apply.

2. We shall only be liable for damage compensation in scenarios involving a) through d), as follows:

(a) unlimited liability for injuries to life, limb and/or health, and damage that was inflicted deliberately or as a result of gross negligence;

(b) liability for damages arising as a result of non-compliance with potential written guarantees, with respect to the scope of your asset-related interest as a customer which was covered by the objective of the warranty, and which was discernible to us when the warranty was granted;

(c) in situations involving product liability as per the product liability act;

(d) in the case of a violation of essential contractual obligations as a result of slight negligence, the resultant damage compensation liability shall be limited to the extent of damage that we would typically have had to take into account at the time of contract conclusion on the basis of the circumstances that were known to us at that time. Essential contractual obligations are fundamental obligations that were relevant in terms of your decision to conclude the contract, and whose fulfilment you could be expected to rely upon.

3. We shall assume no other damage compensation liability, irrespective of the legal basis.

4. When it comes to situations associated with section 1 liter. d), damage compensation and expense reimbursement claims lapse in twelve months. The limitation period begins in accordance with §199 of the BGB (Civil Code).

5. If these provisions rule out any liability on our part, they are also considered to rule out any liability on the part of our institutions, performing agents and vicarious agents (this applies in particular to employees).

8. Cancellation policy

Cancellation right:

You have the right to cancel this contract without giving any reasons within a period of fourteen days. The cancellation period amounts to a period of fourteen days and begins,

- in the case of digital contents (eBooks, MP3), on the day on which the contract is concluded,

- in the case of contracts associated with the delivery of goods, on the day on which you or a third party designated by you (who is not a carrier) take/takes possession of the last goods.

 

To exercise your cancellation right, you must give a clear declaration (e.g. a letter sent by post, telefax or e-mail) to inform us (Stiftung Gralsbotschaft Germany, Ditzingen branch, Schuckertstraße 8, 71254 Ditzingen, Germany, telephone: + 49 (0)7156 9532-15, fax: +49-(0)7156-18663, e-mail: info@gral.de) about your decision to cancel this contract. You can use the enclosed model cancellation form for this purpose, but the use of this form is not compulsory.

You shall be considered to have complied with the cancellation period if you send the notification about the exercising of the cancellation right before the cancellation period expires.

 

Consequences of cancellation:

If you cancel this contract, we shall be obligated to promptly repay all the payments that we have received from you [including the delivery costs (with the exception of the additional costs that may have arisen if you had selected a type of delivery other than the cheapest standard delivery offered by us)]. We shall be obligated to do so no later than fourteen days after the day on which we received the notification regarding your cancellation of this contract. Unless otherwise agreed upon in an explicit manner, we shall make this repayment using the same payment method that you used for the original transaction; under no circumstances will you be charged any fees as a result of this repayment. We can withhold the repayment until the goods in question have been returned to us, or until you provide evidence that shows that you have returned the goods, depending on what happens earlier.

You must promptly return or transfer the goods to us. In any event, this must be done no later than fourteen days after the day on which you informed us about the cancellation of this contract. The time limit is considered to have been complied with if you dispatch the goods before the fourteen-day time limit expires.

You shall bear the direct costs associated with returning the goods.

You shall only be liable for any potential depreciation of the goods if the said depreciation can be attributed to dealings involving you that are not necessary for checking the quality, properties and functionality of the goods.

9. Detailed instructions for your online shop orders

1. The ordering procedure for orders involving our online shop contains the following steps:

Select the desired goods and place them in your shopping cart.

Click the ‘My shopping cart’ option and check your purchase. You can change indications of quantity and the selection of the products; you can also use coupon codes.

Click the ‘Buy now’ option. You shall then be requested to either log into an existing user account, place the order as a guest without any registration (this can only be done if the shopping cart does not contain any download products) or register. Forgotten passwords can be requested if necessary.

Enter your billing and delivery addresses. These two addresses can be different. If the shopping cart only contains downloadable products, the delivery address is omitted.

The shop now uses your addresses to calculate the shipping costs. If the shopping cart only contains download products, this step is omitted.

The next step allows you to select the desired payment method.

The final step preceding the actual ordering phase once again gives you the option of checking and editing all the provided information (name, address, payment method, items ordered) before you send us your order by accepting the SBTs and clicking the ‘Buy now’ option. If you want to revise your product selection, click the ‘Change shopping cart’ option. If you want to change the address data and payment methods, click the corresponding step in the ordering procedure.

2. Downloadable products shall be at your disposal as soon as the payment confirmation has been received from the payment system provider. Such download products can be accessed through the download links contained in our confirmation e-mail; they can also be accessed under the ‘My download products’ section of your user account.

3. The contract language is the language in which the SBTs were shown to you during the ordering procedure, i.e. the language in which the SBTs are sent to you via e-mail after the ordering procedure has been completed. We save the contract text and send you the order data and our SBTs via e-mail. The contract text is no longer retrievable beyond this point.

When download products are ordered, the bill shall be sent to you in an e-mail.

The currently-valid SBTs can be viewed at any time at the following address: https://shop-gral.com/en-international/gtc

4. If you have registered with our shop as a customer, you can view your past orders in the ‘My orders’ section of your user account:
https://shop-gral.com/en-international/sales/order/history/

10. Data protection

Your personal data needs to be used in order to process the contract that has been concluded with you. Details of the collected data and information regarding how it is used can be found in our data protection declaration.

11. Identity of the provider, contact

1. The provider is

Stiftung Gralsbotschaft
Lenzhalde 15
70192 Stuttgart
Germany
Telephone: +49-(0)7156-9532-15
Telefax: +49-(0)7156-18663
E-mail: info@gral.de

VAT no.: DE 147839347

Chairman: Michael Oort

2. The aforementioned address can be used to raise complaints.

12. Online dispute settlement

The European Commission provides a platform for online dispute settlement (OS). This platform is supposed to serve as a contact point for alternative dispute resolution in situations involving disputes pertaining to the contractual obligations associated with online purchase contracts and online service contracts.

The platform can be reached at http://ec.europa.eu/consumers/odr/

As a matter of principle, we are neither obligated nor willing to participate in a dispute settlement procedure involving a consumer arbitration service.

13. Final provisions

1. All disputes that arise from or are based on this agreement shall be subject to German law; the UN Convention on Contracts for the International Sale of Goods shall not apply. If you are a consumer, this choice of law shall only apply insofar as such a course of action does not eliminate the bindingly-applicable consumer protection regulations of the country that contained your usual place of residence at the point in time at which you (as a consumer) placed your order.

2. If individual provisions of these SBTs are or become invalid, it shall have no effect on the validity of the other contract conditions.

 

14. Cancellation form

To
Stiftung Gralsbotschaft
Ditzingen Branch
Schuckertstraße 8
71254 DITZINGEN
GERMANY

Telephone: +49-(0)7156-9532-15
Telefax: +49-(0)7156-18663
E-mail: info@gral.de

I/We hereby cancel the contract that I/we concluded for the purchase of the following goods/the provision of the following service (*):

 

 

 

 

 

 

Ordered on:

 

 

Received on:

 

 

Name of the consumer(s):

 

 

Address of the consumer(s):

 

 

Signature of the consumer(s) (only for paper notification):

 

 

Date:

 

 

(*) Strike out if not appropriate.