This offer is part of Gradoo. Below you will find the terms and conditions of all Gradoo offers in the version of 01.10.2022.
Gradoo is your full-service provider for Abi, student and graduation newspapers as well as yearbooks and photo books, graduation, course trip, club textiles as well as other print products such as posters, tickets, stamps, banners, flyers, in short, everything you need for your parties. For students, Gradoo also offers printing of lecture notes and graduation books. Furthermore, Gradoo offers store and website solutions for schools, booster clubs and student councils. Our service includes much more than printing and delivery. We offer you layout services for your textile designs and newspaper layouts, free textile samples, graphic training, sponsorship arrangement, arrangement of photo shoots and a number of other services related to your degree. Gradoo works in long-term partnerships with leading service providers and print manufacturers. Through our online service, we also offer graduation levels a range of functions, including (and not exhaustive) the collection of content such as profiles, characteristics, photos and an export of design ideas in digital form, for example, for the creation of graduation newspapers in Layoutcreator.
These GTCs describe the contract initiation, the conclusion and the execution of the contracts with Gradoo. They are binding and are recognized by you, as the client, upon conclusion of the contract. Of course, deviating regulations can also be made according to your individual wishes, but these require our consent in writing to be valid and do not otherwise invalidate these GTC. Gradoo can change its GTCs at any time, if this is necessary from our point of view (especially for the addition of new products/services). An agreement to this is not required. This does not apply to contracts that have already been concluded, unless you give your consent to the changes. You will be notified of changes during ongoing contract negotiations and you may reject them.
If you would like to conclude a contract with us, please tell us your wishes in as much detail as possible. We will prepare an offer for you, making design suggestions if you wish and sending you sample prints if necessary. You can now make changes and make requests for design until our design proposal meets your specific ideas and wishes. Our proposals also contain concrete price offers. Our proposals and price offers are non-binding and subject to change until you inform us of your final decision. This communication is done by binding order placement via email or Whatsapp or by mail. The contract is concluded by our order confirmation. If our order confirmation differs from your order, this is considered a new offer, which you can reject, accept or change on your part. In the case of changes, the same applies to the binding conclusion of the contract as described above. The contract is always concluded only by binding order placement and our order confirmation. After receiving our order confirmation, we give you the opportunity to cancel the order within 14 days without giving any reason. For this purpose, please use exclusively our revocation declaration in text form, which you send to us by e-mail. After the cancellation period has expired, we are no longer obligated to cancel and the total payment amount will be due according to the contract. If your cancellation is received late through no fault of your own or due to force majeure, we reserve the right, as a gesture of goodwill and without acknowledging any legal obligation, to release you partially or completely from your contractual obligations. For this purpose, it is necessary that you inform us of your reasons for cancellation.
By signing the contract, you agree that we can contact you for the purpose of order processing. Contact from our side can take place via phone, SMS, WhatsApp or email (especially to clarify open questions regarding your order). If you do not wish to be contacted via one of these methods, please let us know in advance.
Our prices are calculated according to your special wishes. All prices are subject to change until the conclusion of the contract (see above). Our offers for your order are gross prices, i.e. including VAT and delivery costs. The prices are binding for you as the orderer.
Payments are made by bank transfer in advance or within 10 days after delivery, unless we have assured you otherwise. If you do not pay within these periods, you will be in default without reminder. For the duration of the delay we charge an interest rate of five percentage points above the prime rate. Gradoo only accepts payments to itself or its own account, i.e. we cannot accept payments to third parties or suppliers.
Our deliveries are carried out by third parties and are made according to the delivery address provided by you in writing (i.e. e.g. by e-mail, or in the online portal Gradoo). Please make sure that the delivery address is correct. Only then we can guarantee a punctual delivery. In the case of express deliveries, you are obliged to ensure that the goods can be received there daily until 19:00 and stored if necessary. If the wrong delivery address is given, you as the customer are fully liable for the consequences of a wrong or late delivery. In order to avoid this we do not accept in principle only verbally communicated, delivery addresses. Changes of the delivery address can only be bindingly considered if the changes have been explicitly confirmed by Gradoo via e-mail at least 72 hours before the goods are issued for shipment. Delayed change notifications are therefore at your expense and do not entitle you to compensation, new delivery, rectification, withdrawal or reduction. The warranty for defects remains unaffected.
We agree with you on a delivery time, at which the goods should be handed over to you. Regardless of this, Gradoo is entitled to deliver the goods ahead of schedule. Compliance with the time limit is satisfied when the goods are dispatched to the shipping point at least three days before the delivery date, the time of dispatch can be communicated to you upon request. Gradoo is released from the obligation to meet the deadline if you, as the customer, incorrectly carry out or omit to carry out duties to cooperate or agreed upon cooperation precautions or actions or obstruct the duties to cooperate or cooperation precautions or actions of third parties. The damage resulting from this shall be borne solely by the customer.
Gradoo is also released from the deadline if Gradoo is prevented from delivery due to force majeure. The same also applies to operational disturbances and machine failure as well as raw material deficiencies in supplier companies and with transport companies.
Obvious defects in the delivered products, including transport damage, you should notify us in writing within 48 hours and document on meaningful photos. However, failure to notify us of such defects shall have no consequences for your legal claims. Defects that are based on the fact that you have not implemented our print data specifications can unfortunately not be claimed. In the event of a complaint, you can make use of the right to subsequent performance or, if you wish, we can grant a price reduction instead. In the case of minor defects that do not affect the contractual use of the item, we reserve the right to reject complaints. If only a part of the delivered goods is defective, the entire goods cannot be complained about. If the supplementary performance fails or is rejected by us because it is only possible for us with a disproportionately high effort, you have the right to declare the withdrawal from the contract. Claims for damages remain unaffected.
After your written notice of defects, you have two options:
1. You want a reprint immediately and without a prior inspection by us and/or an independent expert. We will then start the reprint without further inspection, but at the same time we will pick up the goods for inspection. If we and a subsequent independent expert do not find any defects, you will have to pay for the initial goods and the reprint, including any costs incurred.
2 We will collect the goods from you, inspect them again by an expert if necessary, and then reprint if the complaint is justified or send them back if the complaint was not justified. In this case you do not have the risk of having to pay for the initial delivery and the reprint if the claim is rejected by the expert.
Gradoo must be given a period of at least three weeks after the inspection for subsequent performance, subsequent delivery or rectification.
On any goods that have been finished with your individual motifs at your request, we must exclude the complaint after your final approval, unless the reason for the complaint lies exclusively in our area of responsibility.
In the case of textiles, we would like to point out that our samples are obtained from wholesalers and may differ slightly in color and shape from the textiles delivered later in size and shape due to production and that models from discontinued productions are not always available in the ordered quantity if you take several weeks to find the motif after receiving our samples. Similarly, there may be slight color deviations in newspapers and other printed products compared to the screen display. In this case, we do not assume any liability for minor deviations in color, design and size of the models.
The regulations according to §§ 446, 447 paragraph 2 BGB apply. You as the customer are obligated to accept the goods upon delivery and to inspect them immediately, i.e. without culpable hesitation, for completeness, condition and contractual fulfillment. If you are not able to accept the goods yourself, it is your responsibility to otherwise ensure acceptance by a third party or by deposit. The right to warranty for defects is not affected by this. If you prevent, delay or refuse the acceptance or delivery of the goods without justified reason, you are in default of acceptance. A legal reason exists only if the delivery is untimely or you are prevented from accepting the goods due to force majeure and it was not possible and reasonable for you to commission a third party to accept the goods. If the goods are damaged or destroyed during the delay in acceptance or if they are lost, the customer shall bear the damage, unless you prove to us that intent or gross negligence led to the loss or deterioration of the goods. If Gradoo is not at fault or only slightly negligent, Gradoo is entitled to claim the full order price including shipping costs. In case of a delay in acceptance Gradoo is not obliged to take back the goods, to collect them, to deliver them later or to exchange them.
In cases of force majeure Gradoo is entitled to withdraw from the contract as a whole or from parts of the contract. Force majeure exists if the event causing the damage acts from outside, i.e. does not have its cause in the nature of the endangered object and the event can neither be averted nor rendered harmless by the utmost reasonable care. This also applies to operational disturbances and machine breakdowns as well as raw material deficiencies in supplier companies. Gradoo undertakes to inform the customer immediately about the withdrawal and the reasons for withdrawal.
The goods remain the property of Gradoo until full payment. Gradoo has the right to use your motifs and images submitted to us even after completion of the order, e.g. for exhibition purposes and illustrations for new customers. You can revoke this right of use at any time in writing.
We are liable for damages within the scope of the warranty for defects law and those which are due to negligent or intentional conduct. You indemnify us against all claims, including claims for damages, which third parties assert against you or against Gradoo due to an infringement of their rights by the contents, data or information provided by you to Gradoo for design and printing, unless we are responsible for the infringements. The rights of third parties are in particular copyrights and trademark rights, personal rights and the right to one's own image (list not exhaustive). Simple negligence on the part of the client, i.e. on your part, is sufficient. You also undertake to bear all reasonable costs incurred by us due to an infringement of third party rights, including the reasonable costs incurred for legal defense. All further rights as well as claims for damages in favor of Gradoo remain unaffected.We are not obligated to check the print data for their graphic and textual content and expressly disclaim responsibility for the graphic and textual content of the prints.
We provide you with information and other services free of charge for obtaining sponsorships for your graduation newspaper or other graduation-related events. The content and scope of the services are determined by the respective contractual agreements (i.e., whether or not you order your graduation newspaper from us) and by the current functionalities available on Gradoo's websites.
Our services include, in particular:Applying for or requesting sponsorships in the course of ordering graduation newspapers from Grado Applying for or requesting sponsorships for clients who obtain their graduation newspapers from a third-party provider. In this case, we require proof of ordering your baccalaureate newspapers from a third-party vendor in the form of a voucher copy and a copy of the invoice. Furthermore, we will then only provide 50% of the regular sponsorship amount.We assume no liability for the successful placement of sponsors.
Gradoo provides a rating portal on its internet platform "Facebook". The client takes note of the fact that according to § 241 Paragraph 2 BGB (German Civil Code) certain post-contractual obligations to act or to cease and desist may also exist after the actual execution of the contract within the scope of what is reasonable from the point of view of good faith, so that the contractual partner does not incur disproportionate damages related to the previous performance of the contract. The client therefore undertakes not to make any false claims in his evaluation and to refrain from defamatory or insulting claims or evaluations. In the case of a performance fault of whatever kind, the client undertakes to name the performance fault to Gradoo and to grant the possibility of rectification or subsequent performance. If the order is fulfilled in accordance with the contract in the rectification or subsequent fulfilment, the client acknowledges this favorably in the assessment and refrains from a negative assessment. Gradoo reserves the right to report the client and portal user to the portal operator in order to have the entry checked and deleted if necessary (Network Enforcement Act NetzDG).
Gradoo provides its users free of charge with information and services of various kinds that are helpful to organize a school, training or other graduation and to electronically collect content for the Abitur newspaper or Abitextilien and grants the registered users the necessary rights of use for this purpose.
These General Terms and Conditions of Business and Use apply to the use of all services offered online by Gradoo, in particular, but not conclusively, to www.gradoo.com including any mobile versions and to mobile apps.Gradoo cannot accept any liability for disruptions and failures.
On Gradoo, we broker products and services from third-party companies, including but not limited to graduation trips, graduation events, graduation parties and graduation balls. For this purpose, we provide a contact form with which the third-party provider can be contacted. Contract conclusions with these providers do not fall under the Gradoo GTCs but are part of the GTCs of the respective provider. It is therefore essential that you also take a look at the terms and conditions of the provider.
Der Gerichtsstand folgt aus den gesetzlichen Bestimmungen.