Terms of contract within the framework of purchase contracts concluded via the platform www.gratitudeverlag.de
between
Gratitude Publishing House
Dayan Kodua
Lohmühlenstr. 1
20099 Hamburg
VAT identification number: 45 718 291 606
- in the following “provider” –
and
the users of this platform designated in § 2 of these GTC – hereinafter referred to as “Customer/Customers” – are concluded.
§ 1 Scope of application
The business relationship between the Provider and the Customer shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating conditions of the customer are not recognized, unless the provider expressly agrees to their validity in writing.
§ 2 Conclusion of contract
(1) The Customer can select products from the Provider’s range and collect them in a so-called shopping cart by clicking the button “add to cart”. By clicking the button “buy now” he makes a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time.
(2) The supplier then sends the customer an automatic confirmation of receipt with the subject “Confirmation of your order with Tebalou” by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function. The customer’s order (1) represents the offer to conclude a contract with the respective content of the shopping cart. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the provider. In this the content of the order is summarized. In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) will be sent to the customer by us on a durable medium (e-mail or paper printout). The contract text will be stored in compliance with data protection.
(3) The contract is concluded in the languages: German.
§ 3 Delivery, availability of goods, payment terms
(1) Delivery times stated by us are calculated from the time of our order confirmation (§ 2 (2) of these GTC), provided prior payment of the purchase price.
(2) If the product designated by the Customer in the order is only temporarily unavailable, the Supplier shall also notify the Customer of this without delay. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the provider is also entitled to withdraw from the contract. In this case, he will immediately refund any payments already made by the customer.
(3) The following delivery restrictions apply: The provider delivers only to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany.
(4) The customer can make the payment via PayPal.
(5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline.
§ 4 Retention of title
Until full payment of the purchase price, the delivered goods remain the property of the provider.
§ 5 Prices and shipping costs
(1) All prices, which are indicated on the website of the supplier, understand themselves including the valid in each case legal value added tax.
(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of a possible right of withdrawal.
(3) In the event of a revocation, the customer shall bear the direct costs of the return shipment.
§ 6 Warranty for material defects
(1) The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. For entrepreneurs, the warranty period for goods delivered by the provider is 12 months.
§ 7 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for this type of contract if such damage was caused by simple negligence, unless the Customer’s claims for damages are based on injury to life, body or health.
(3) The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.
(4) The provisions of the Product Liability Act shall remain unaffected.
§ 8 Final provisions
(1) Contracts between the provider and the customer are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and international private law.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) The contract remains binding in its remaining parts even if individual points are legally invalid. Instead of the ineffective points, the statutory provisions, if any, shall apply. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.
Alternative Dispute Resolution pursuant to Art. 14 (1) ODR Regulation and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
