General Terms and Conditions for Internet Business (GTCs)

As of June 2022

Sale only to entrepreneurs, tradespeople, freelancers and public institutions, but not to private end consumers within the meaning of Section 13 of the German Civil Code (BGB).

§ 13 BGB Consumer

A consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to his or her commercial nor his or her independent professional activity.

§ 14 BGB Entrepreneur

(1) An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.

(2) A partnership with legal capacity is a partnership which is endowed with the capacity to acquire rights and incur liabilities.

If a consumer fraudulently claims to be an entrepreneur when concluding a contract, although in reality he is acting for private purposes, he cannot invoke the consumer protection regulations according to the principle of good faith ( Section 242 of the German Civil Code ) ( judgment of the Federal Court of Justice of December 22, 2004, case number VIII ZR 91/04 ).

1. Scope, general

a) Our general terms and conditions for online business (GTCs) apply to all current and future business between us and our customers, even if the GTCs are not expressly referred to. We expressly object to any deviating terms and conditions of the customer.

b) The goods will only be delivered in the versions, packaging units or minimum quantities specified in our online offer. We reserve the right to make technical changes in the interests of technical progress.

c) Product images are for reference only and may differ from the original product.

d) Product dimensions may deviate in whole or in part from the specified dimensions if this does not affect the actual function of the product.

2. Offers and conclusion of contract, delivery periods

a) The presentation of the range in our online offer does not constitute a binding contractual offer. By sending an order to us, the customer makes a binding offer. We reserve the right to decide freely about accepting the offer.

b) Expressly agreed, fixed delivery periods require our express written confirmation.

c) If ordered goods are not available or if our suppliers are unable to deliver on time, we reserve the right to withdraw from the contract. The customer will be informed of this immediately and any services already provided will be refunded.

3. Prices

a) The prices quoted are exclusive of VAT. The statutory VAT must be added to the price.

b) Unless expressly stated in our online offer, the prices refer only to the item shown without accessories and decoration.

4. Delivery, shipping costs and transfer of risk

a) We are entitled to make partial deliveries. If the order quantity cannot be delivered using the usual packaging units, we are entitled to make an offer for a different order quantity.

b) For items marked as free shipping ("Free delivery!"), no shipping costs will be charged within Germany (excluding islands)

c) Agreed domestic deliveries ex works within the Federal Republic of Germany (mainland only) are free of shipping and packaging costs for a net goods value of 1500 euros. Please see our shipping costs on the Shipping Costs page. You can find these here: https://www.GrizzlyBag.de/zahlung-versand

d.) Hygiene products cannot be exchanged.

5. Warranty, transport damage

a) The customer must inspect the goods immediately after receipt and report any obvious defects within one week of the delivery date. To meet the deadline, it is sufficient to send the notification in a timely manner. Failure to do so will result in the exclusion of the warranty right and will be deemed as unconditional approval of the delivery.

b) We provide a warranty for defects in the goods by means of repair or replacement delivery at our discretion. If the replacement delivery or repair fails, the customer can, at his discretion, request a reduction in the price or cancellation of the contract.

c) Warranty claims expire within one year after receipt of the goods.

d) If the customer notices transport damage to the packaging, he must have the transport company confirm the damage in writing when accepting the delivery.

6. Liability

a) In the event of a breach of contractual obligations, we are only liable for intent and gross negligence on our part, our vicarious agents and legal representatives. In the event of a slightly negligent breach of essential contractual obligations, we are only liable for typical, foreseeable damage.

b) The above exclusions and limitations of liability do not apply in cases of strict liability (e.g. under the Product Liability Act, in the case of physical injury or damage to health or in the case of loss of life.

7. Terms of payment, late payment

a) We only accept the payment options specified during the online ordering process.

b) We reserve the right to only process orders against advance payment. We will provide you with the bank details in the order confirmation.

c) The customer can only offset claims that have been legally established, are undisputed or have been recognized by us. A right of retention can only be asserted for counterclaims that are based on the same contractual relationship. d) According to Section 286 Paragraph 3 of the German Civil Code (BGB), the customer will be in default of payment without a reminder if he has not made payment within 30 days of receiving the invoice.

8. Retention of title

We reserve title to the delivered goods until all payments from the business relationship with the customer have been received.

9. Place of performance, applicable law

a) The place of performance for all rights and obligations arising from the contractual relationship is the registered office of our company.

b) At our discretion, the customer can also be sued at his place of residence.

c) The contract is governed by German law.

10. Data processing

We store the customer’s data through electronic data processing within the framework of the currently applicable data protection law.

A detailed explanation of data protection can be found here

11. Packaging Act

All offers are aimed exclusively at traders (B2B) - no sales to private end consumers!

The Packaging Act (VerpackG) aims to prevent or reduce the impact of packaging waste on the environment. To achieve this goal, the law is intended to regulate the behavior of those obliged to do so in such a way that packaging waste is avoided as a matter of priority and is also prepared for reuse or recycling.

Definition

Packaging subject to system participation is sales and outer packaging filled with goods which, after use, typically ends up as waste for private end consumers.

Private end users are private households and comparable sources of packaging waste based on the type of packaging waste typically generated there.

System participation

According to the ZSVR, the packaging we use is exclusively transport packaging (disposable pallets, cardboard boxes, stretch film, strapping bands, etc.). Transport packaging is typically not passed on to private end consumers.

If it is concluded that the majority of certain packaging will not be disposed of by private end consumers, this packaging is not subject to system participation in its entirety, even if individual packaging does actually later become waste for private end consumers.

Reusable packaging (e.g. Euro pallets) are also exempt from the system participation obligation according to Section 12 of the Packaging Act.

Collection, return and recycling

According to Section 15 Paragraph 1 of the Packaging Act, manufacturers and distributors downstream in the supply chain can make different agreements with each other and with end consumers, provided that these are not private households, regarding the place of return and the cost arrangements.

By purchasing our products, the buyer accepts the following agreements regarding the place of return and the cost arrangements:

  • The buyer undertakes to reuse or recycle any used, empty packaging at his own expense in accordance with the requirements of Section 16 Paragraph 5 of the Packaging Act.
  • If this is not possible for the buyer, used, empty packaging of the same type, shape and size as that supplied by us can be returned free of charge here on site (Tempelsweg 44, D-47918 Tönisvorst) during normal business hours.
  • If the buyer insists on the return of the used, empty packaging at the place of actual handover or in its immediate vicinity, this will be invoiced additionally in the form of a flat-rate expense fee.

Your cart is empty!