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Grail Message Foundation, Stuttgart, General Business Terms and Conditions (GTCs) for orders via the online shop

(valid as of 21 March 2016)

1. Scope of Application

1. The following General Business­Terms and Conditions will apply to all business relations between you customer and us, the Grail Message Foundation, Lenzhalde 15, 70192 Stuttgart, Germany (hereinafter also "Foundation","we", "us"), that are initiated and transacted via our online shop https://shop-gral.com/en-international/. The version of our General Business Terms and Conditions that is valid at the time of the order will be authoritative.

2. We will not acknowledge any differing terms and conditions of the orderer unless we expressly agree to their validity in writing.

3. The goods and services offered via our online shop are aimed at consumers. For purposes of these General Business Terms and Conditions, a "consumer" is any natural person who concludes a contract for a purpose that can be predominantly attributed neither to the person's commercial nor to the person's self-employed professional activities, (§13 of the German Civil Code (Bürgerliches Gesetzbuch, BGB).

2. Conclusion of Contract

1. The presentation of the goods and services in our online shop do not constitute a binding offer for conclusion of a purchase contract.  By sending your order, you are submitting a binding offer to conclude a purchase contract concerning the goods and services in your "shopping cart".

2. The purchase agreement comes into being upon delivery of goods– with the exception of orders where you selected a payment method with advance payment (credit card or PayPal) – by sending the ordered article to you. In the case of ordering digital content, the agreement comes into being by the content being provided for download and in the case of services by sending of the invoice. The confirmation of receipt of your order – with the exception of orders where you have selected a payment method with advance payment (credit card or PayPal) is not acceptance of your offer. It solely serves to inform you that this order has been received.

3. If you select a payment method with advance payment (credit card or PayPal), we declare acceptance of your contractual offer with sending of the order confirmation.

3. Prices, Shipment Costs, Terms of Delivery

1. Unless nothing deviating was agreed, the prices relevant on the day of conclusion of contract and contained on our website are applicable.  Being in arrears occurs 14 days after invoicing. All prices are end prices and include statutory VAT.

2. When ordering despatch products, in addition to the product prices, the following shipment costs accrue:

EUR0 for shipment within Germany.
EUR8.5 for shipment to other Member States of the European Union (EU).
EUR12,50 for shipment to countries outside the EU.

3. No shipment costs are incurred for the purchase of download products. Purchased download­products are available to you at any time via the download link sent to you by e-mail ­or in your user account "My Download Article": https://shop-gral.com/en-international/downloadable/customer/products/

4. Our delivery periods

The delivery period inside Germany for delivery products is 3-8 working days, for shipment to a different Member State of the European Union (EU) and to the European Free Trade Area (EFTA) 5-12 working days and to other countries 15-30 working days.

5. Payment methods and payment terms

1. Payments can generally be made by credit card, by Internet payment service (PayPal) or, in the case of invoice purchase, by transfer to the Foundation account number stipulated in the invoice subject to the following conditions:

2. Credit card:
Payment transactions of your order by credit card (VISA with Verified by VISA, MasterCard SecureCode, Maestro, JCB, Diners Club, American Express) are effected via the Wirecard Bank AG payment system certified pursuant to PCI DSS. After clicking on "Buy Now", you will be redirected to Wirecard and can perform the payment there. After successful payment, you will be redirected back to our Shop.

Handling of the payment transaction of your order by credit card is effected via Stripe Inc, 3180 18th St, San Francisco, CA 94110, USA.

3. PayPal:
If you select the "PayPal" payment method, the payment transaction is effected via  PayPal (Europe) S.à r.l. & Cie, S.C.A.. You will be redirected to PayPal after clicking on "Buy Now". After handling of the payment on PayPal, you will be redirected back to our Shop.

4. Invoice:
Selection of the payment method "Invoice" is only possible if there are no download products in your basket and if the invoice address is in Germany. You will receive an invoice with the delivery. The invoice amount is payable within 14 days to the account number stipulated in the invoice.

If we have already been provided with an instruction from you concerning recurring SEPA direct debits, we will collect the invoice amount by direct debit via the bank stipulated by you and will communicate this accordingly on the invoice.

6.    Reservation of title

The delivered goods will remain our property until full payment of all our claims in connection with the order. Should you be in arrears with payment for more than 10 days, we have the right to withdraw from the agreement and to reclaim the goods.

7. Warranty

1. Statutory warranty provisions apply.

2. We are liable for compensation only in the cases of a) to d) as follows:

(a)    for injury to life, limb and/or health and for losses caused intentionally or through gross negligence unrestrictedly;

(b)    for losses arising from non-compliance with any guarantees given in writing to the extent of your asset-related interests as an an orderer, such interests being covered by the purpose of the guarantee and identifiable to us when such guarantees were given;
(c)    in the event of product liability pursuant to the German Product Liability Act (Produkthaftungsgesetz).;
(d)    for the breach of material contractual obligations due to simple negligence the resulting liability for compensation is limited to the extent of loss we typically should have taken into consideration based on the circumstances known to us at such point in time. Material contractual obligations are obligations which were material to your decision to enter into the agreement and which you were entitled to expect to be fulfilled.

3. With regard to the rest, any liability for compensation on our part is excluded.

4. In the cases described in 1 d), claims for damages and reimbursement of expenses will be time-barred in twelve months. The limitation period begins pursuant to § 199 of the German Civil Code.

5. Insofar as our liability is excluded pursuant to these provisions, this will also apply to the liability of our bodies and agents with vicarious liability under contract and under tort, in particular of employees.

8. Revocation instruction

Right of withdrawal:
You have the right to withdraw from this contract within 14 days without stating any reasons. The deadline for the right of withdrawal is 14 days and begins
    -    in the case of digital content (ebooks, MP3) - as of the date of conclusion of contract,
    -    in the case of contracts for the delivery of goods on the day on which you or a third party appointed by you who is not the carrier, who took possession of the last piece of goods.

In order to exercise your right of withdrawal, you must inform us (Grail Message Foundation Germany, Ditzingen branch, Schuckertstraße 8, 71254 Ditzingen, Germany, telephone: + 49 7156 9532-15, fax: +49-(0)7156-18663, e-mail: e-mail: info@gral.de) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, telefax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it will suffice if you send your communication concerning your exercise of the right of withdrawal prior to expiration of the withdrawal period.

Consequences of withdrawal:
If you withdraw from this contract, we will reimburse you for all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. Unless otherwise expressly agreed, we will make such refunds using the same means of payment that you used for the original transaction; under no circumstances will you be charged for this refund. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest
You are to send back the goods or hand them over to us without delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired
You will bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

9. Detailed information concerning your orders

1. When ordering via our Online Shop, the order procedure comprises the following steps:
Select the desired goods and place them in the shopping cart.
Click on "My shopping cart" and check your purchase. At this point, you can change the quantities and selection of the article and use voucher codes.
Click on "Buy now". You will then be asked to log into an existing user account, to perform the order as a guest without registering (this is only possible if there are no download products in the shopping cart) or to register. Forgotten passwords can be re-requested if applicable.
State your invoice and delivery address. These two addresses may deviate from each other. If solely download products are in the shopping cart, the delivery address is omitted.
Now the Shop will calculate the shipment costs based on your address particulars. If solely download products are in the shopping cart, the delivery address is omitted.
In the subsequent step, you can select the desired method of payment.
In the last step before ordering, you once again have the possibility to check and to edit all the particulars (name, address, method of payment, ordered articles) before – by agreeing to the GTCs and clicking the "Buy now" button – you send your order to us. If you wish to edit your product selection, click the "Change shopping cart" button. If you wish to change the address particulars and method of payment, click the relevant step in the order procedure.
2. Download products will be available to you immediately after entering the payment confirmation by the payment system Internet service provider via the download links in our confirming e-mail or in the user account under "My download articles".
3. The contractual language is the language in which you have concluded the ordering procedure. We will save the contractual text and send you the order particulars and our GTCs by mail. The contractual text is not retrievable beyond that.

When ordering download products, you will receive the invoice sent by e-mail.

The currently valid GTCs can be viewed at any time under: https://shop-gral.com/en-international/gtc/

4. If you are registered in our Shop, you can view your past orders in your user account under "My orders": https://shop-gral.com/en-international/sales/order/history/

10.    Data protection

1. All and any personal data communicated by you will be gathered, processed and saved by us solely in accordance with the provisions of German data privacy protection law.
2. To close the contract concluded with you, use of your personal data is necessary. Use beyond that requires your express consent. For details of the gathered data and its use in each case, please see our data protection declaration.

11.    Identity of the Internet service provider, contact

1. The Internet service provider of this Online Shop is the

Grail Message Foundation
Lenzhalde 15
70192 Stuttgart
Germany
Telephone: + 49 7156 9532-15
Fax: + 49 7156 18663
E-Mail: order@gral.de

VAT- ID-No.: DE 147839347

Chief Executive: Michael Oort


2. Complaints can be made under the aforementioned address.


12.    Online dispute settlement


The European Commission provides a platform for the purpose of settling online disputes. This platform is to be serve as a port of call for out-of-court settlement of disputes concerning the contractual obligations of online purchase agreements and online service agreements.

The platform can be accessed under http://ec.europa.eu/consumers/odr/

We do not participate in the online dispute settlement.


13.    Final provisions

1. German law, excluding the United Nations Convention on Contracts for the International Sale of Goods applies to all disputes that arise under or based on this agreement. If you are a consumer, this choice of law only applies insofar as mandatorily applicable consumer protection regulations of the country in which you have your usual residence at the time of your order are not withdrawn as a result.  
2. Should any individual provisions of these GTCs be invalid, this shall not affect the legal validity of the other contractual provisions.

 

14. Withdrawal form

To
The Grail Message Foundation
Ditzingen branch
Schuckertstraße 8
71254 DITZINGEN
GERMANY

 

 

Tel: +49-(0)7156-953215
Fax: +49-(0)7156-18663
E-Mail: info@gral.de

 

 

We hereby withdraw:

 

from the contract concluded by me/us

 

on the purchase of the following goods/the rendering of the following service (*):

 

 

 

 

 

 

 

 

Ordered on:

 

Received on:

 

Name of the consumer:

 

Address of the consumer:

 

 

Signature of the consumer (only in the case of notification on paper)

 

 

Date:

 

(*) Delete as applicable.