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1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of Michael Grafov, acting under “Michael Grafov” (hereinafter “Seller”), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer’s own conditions is hereby objected to unless otherwise agreed.


1.2 These GTC apply accordingly to contracts for the delivery of physical data carriers that serve exclusively as carriers of digital content unless otherwise regulated in this regard. Digital content within the meaning of these GTC refers to data that is created and provided in digital form.


1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.


1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their trade, business, or profession

2) Conclusion of the Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers from the Seller but are intended to enable the Customer to make a binding offer.


2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with respect to the goods contained in the shopping cart by clicking the button that concludes the ordering process.


2.3 The Seller can accept the Customer’s offer within five days,

  • by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or

  • by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or

  • by requesting the Customer to make payment after placing the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The deadline for accepting the offer begins the day after the offer is sent by the Customer and ends at the close of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this is considered a rejection of the offer with the result that the Customer is no longer bound by their declaration of intent.


2.4 When selecting a payment method offered by PayPal, the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), under the PayPal User Agreement, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - under the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects a payment method offered by PayPal, the Seller declares the acceptance of the Customer’s offer at the moment the Customer clicks the button concluding the order process.


2.5 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer has placed their order. Further provision of the contract text by the Seller does not take place. If the Customer has set up a user account in the Seller’s online shop before submitting their order, the order data will be archived on the Seller’s website and can be accessed by the Customer through their password-protected user account by providing the corresponding login data free of charge.


2.6 Before submitting a binding order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors can be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.


2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.


2.8 Order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is accurate so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure, when using SPAM filters, that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.


3.2 More detailed information about the right of withdrawal can be found in the Seller’swithdrawal policy.


3.3 The right of withdrawal does not apply to consumers who, at the time of concluding the contract, are not a member of a European Union member state and whose sole residence and delivery address at the time of concluding the contract are outside the European Union.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller’s product description, the prices listed are total prices that include the statutory value-added tax. Any additional delivery and shipping costs that may apply will be specified separately in the respective product description.


4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of funds by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.


4.3 The payment options are communicated to the Customer in the Seller’s online shop.


4.4 When selecting a payment method offered through the “Wix Payments” payment service, the payment processing is carried out via the payment service provider Wix HQ, 6350671, Nemal Tel Aviv St 40, Tel Aviv-Yafo, Israel (hereinafter “Wix”). The individual payment methods offered by Wix are communicated to the Customer in the Seller’s online shop. Wix may use other payment services to process payments, which may be subject to special payment conditions, which the Customer may be separately informed about. Further information about Wix Payments can be found on the internet at https://de.wix.com/payments.

5) Delivery and Shipping Conditions

5.1 If the Seller offers the shipment of goods, delivery is made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. During the processing of the transaction, the delivery address specified in the Seller’s order processing is decisive. However, when selecting the PayPal payment method, the delivery address provided by the Customer to PayPal at the time of payment is decisive.


5.2 If the delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply concerning the costs of the return shipment if the Customer effectively exercises their right of withdrawal. For the return costs, the provisions in the Seller’s withdrawal policy apply.


5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has handed over the item to the carrier, freight forwarder, or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the Customer only upon delivery of the goods to the Customer or a person authorized to receive them. However, if the Customer has commissioned the carrier, freight forwarder, or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer, the risk passes to the Customer as soon as the Seller has handed over the item to the carrier, freight forwarder, or the person or institution otherwise designated to carry out the shipment.


5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the fault of the Seller and the Seller has concluded a specific covering transaction with the supplier with the necessary diligence. The Seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded without delay.


5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the Seller makes advance payments, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the statutory liability for defects applies. Deviating from this, the following applies to contracts for the delivery of goods:


7.1 If the Customer acts as an entrepreneur,

  • the Seller has the choice of the type of supplementary performance;

  • the limitation period for defects in new goods is one year from the delivery of the goods;

  • the rights and claims due to defects are excluded for used goods;

  • the limitation period does not start anew if a replacement delivery is made under the liability for defects.
     

7.2 If the Customer acts as a consumer, the following applies to contracts for the delivery of used goods with the limitation of the following clause: The limitation period for defect claims is one year from the delivery of the goods, provided that this has been expressly and separately agreed between the parties and the Customer was specifically informed of the shortening of the limitation period before submitting their contractual declaration.


7.3 The above liability limitations and shortening of the limitation period do not apply:

  • to claims for damages and reimbursement of expenses by the Customer,

  • in the event that the Seller has fraudulently concealed the defect,

  • to goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,

  • to any existing obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.


7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.


7.5 If the Customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), the Customer is subject to the commercial duty to examine and notify defects pursuant to § 377 HGB. If the Customer fails to fulfill the notification obligations stipulated therein, the goods are deemed to have been approved.


7.6 If the Customer acts as a consumer, they are requested to complain to the deliverer about goods delivered with obvious transport damage and to inform the Seller of this. If the Customer fails to do so, this has no effect on their statutory or contractual defect claims.

8) Special Conditions for the Processing of Goods According to Customer Specifications

8.1 If the Seller is also obligated under the content of the contract to process the goods according to certain specifications of the Customer, the Customer must provide the Seller with all necessary content, such as texts, images, or graphics, in the formats, formatting, image, and file sizes specified by the Seller and grant the Seller the necessary rights of use for this purpose. The Customer is solely responsible for procuring and acquiring rights to this content. The Customer declares and assumes responsibility that they have the right to use the content provided to the Seller. In particular, they must ensure that no rights of third parties are infringed, especially copyrights, trademark rights, and personal rights.


8.2 The Customer indemnifies the Seller from claims of third parties that they may assert against the Seller in connection with the violation of their rights due to the contractual use of the Customer’s content by the Seller. In this context, the Customer also assumes the necessary costs of legal defense, including all court and attorney’s fees in the statutory amount. This does not apply if the Customer is not responsible for the infringement. The Customer is obliged to provide the Seller with all information that is necessary for the examination of the claims and a defense in the event of a third-party claim.


8.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer violates legal or official prohibitions or offends against good morals. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering, and/or glorifying violence content.

9) Applicable Law

9.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws governing the international sale of goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.


9.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who, at the time of concluding the contract, are not a member of a European Union member state and whose sole residence and delivery address at the time of concluding the contract are outside the European Union.

10) Alternative Dispute Resolution

10.1 The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.


10.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

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