A. General terms and conditions for distance contracts with consumers and entrepreneurs
1. General Provisions
1. Grüezi bag GmbH, hereinafter referred to as the user, offers customers (consumers and entrepreneurs) outdoor items and accessories via this web shop.
The contract is concluded with:
Grüezi bag GmbH
Managing Director: Markus Wiesböck
83075 Bad Feilnbach
Telephone : 080 64 / 906 29 22
Fax: 080 64 / 906 29 24
2. The following provisions apply to all contracts between the user and the customer, which are concluded via the goods shop system of this web shop of the user. The version applicable at the time the contract is concluded is decisive. Conflicting purchasing conditions of commercial customers require the express written approval of the user in order to be valid.
2. Details on the conclusion of the contract / technical steps to conclude the contract
All offers by the user are non-binding. The presentation of the products in this web shop does not represent a legally binding offer, but a non-binding online catalog of the user with the request to submit offers ("invitatio ad offerendum").
Select the products you want to order by setting the desired order quantity and clicking the "Add to Cart" button. This will add your selection to the shopping cart.
By clicking the button in the form of a shopping cart at the top of the screen, you will see the current contents of the virtual shopping cart. You can make appropriate changes to the selected order quantity within this overview. Clicking on the “Checkout” button takes you to the next order step.
There you will now be asked to log in with PayPal if you want to use this payment method or to enter the desired delivery address. With the button "Continue to shipping method" you can proceed.
In the next step you can choose from the available shipping methods. With the button "Continue to payment method" you can proceed.
In the next order step you can choose from the payment methods offered by the user. You can also choose whether the billing address should be identical to the delivery address or whether a different billing address should be entered. Optionally, you have the option of consenting to the future sending of the newsletter by the user.
Then click the "Buy" button to complete the ordering process.
A contract between the user and the customer comes about as follows:
a) If the customer selects the "PayPal Express" payment method during the previous ordering process, he/she simultaneously issues a payment order to PayPal by clicking the "Buy" button at the end of the ordering process. In this case, the seller already declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process as described above and a contract has been concluded.
b) If the customer selects the "Sofort" payment method during the previous order process, he also issues a payment order to "Sofort" at the same time by clicking the "Buy" button at the end of the order process. In this case, the seller already declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process as described above and a contract has been concluded.
c) If another payment method is selected, the customer submits a legally binding offer to the user by clicking the "Buy" button. The confirmation of the receipt of the order follows immediately after the order has been sent by the user via automatic e-mail. This e-mail again contains all important contract data as well as the applicable terms and conditions. This has not yet resulted in the conclusion of a contract between the user and the customer. A contract for the item(s) selected by the customer is only concluded with a declaration of acceptance in the form of a shipping confirmation from the user, at the latest when the goods are delivered by the user. The customer is no longer bound to his order if he has not received a declaration of acceptance in the form of a shipping confirmation or delivery of goods from the user within 5 calendar days of placing the order. If the last day of this period falls on a Saturday, a Sunday or a public holiday recognized by the state at the user's place of business, then the next calendar day is decisive for keeping the deadline.
3. Right of Withdrawal
Details on the right of withdrawal can be found under the “ Right of withdrawal ” button.
4. Prices, delivery and shipping costs
1. The prices quoted in the offers are total prices without exception, ie they include sales tax and other price components. In the case of delivery to countries other than the Federal Republic of Germany, additional taxes, customs duties and/or costs may be incurred that are not included in the prices and are also not payable to the user. These are to be borne by the customer.
2. Unless otherwise agreed in individual cases, the prices do not include packaging, freight, postage and – if the customer is an entrepreneur – insurance. If the items are sent to the customer at his request, additional delivery and shipping costs are incurred. Details on the shipping costs and delivery can be found during the ordering process and in advance under the "Shipping costs" button.
3. The customer assures that he has given the correct and complete delivery address. If there are additional costs for shipping due to incorrect address data - such as additional shipping costs - the customer must reimburse these if he culpably did not provide the correct address.
5. Payment Methods and Terms1. The payment methods listed in connection with the specific offer apply, from which the customer can choose. Details of the payment methods offered can be found under the "Payment Methods" button
2. The invoice amount is payable immediately without deduction.
3. By selecting the offered payment method via "PayPal", the customer expressly agrees to the transmission of data to PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, as well as to the credit rating agencies to be determined by PayPal being carried out by PayPal. Detailed information on this and the credit agencies used can be found in PayPal's data protection regulations at the URL https://www.paypal.com/de/webapps/mpp/ua/privacy-full?locale.x=de_DE.
4. If you choose to pay using the "Sofort" payment method, hereinafter "Sofort" as the payment method, your contact details will be sent to the service provider Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, as part of the order processing. The transmitted personal data is, in particular, first name, last name, address, telephone number, IP address, email address, or other data that is required for order processing, as well as data that is related to the order, such as article designation, item number, number of items, invoice amount, etc. Personal data can also be passed on by STIGN transfer to service providers, subcontractors, if so, if so Obligations are required or if the personal data is to be processed on behalf. Under certain circumstances, the personal data transmitted to the service provider may be transmitted by the service provider to credit agencies. This transmission serves to check identity and creditworthiness in relation to the order you have placed. The data protection information from "Sofort" will also be displayed to you while making the payment. If you have any questions about the use of your personal data, please contact the service provider. The contact details can be found in the imprint of the URL https://www.klarna.com/sofort/impressum/.
6. Retention of Title
The goods remain the property of the user until they have been paid for in full.
7. Terms of delivery and shipping
1. The items are delivered to the countries specified by the user or, if specified in the offer, by the customer picking them up from the user. The expected delivery time results from the information provided by the user within the item description.
2. Partial deliveries are only permitted if they are reasonable for the customer or if the customer has expressly agreed to them. Partial deliveries of a uniform object of purchase are unreasonable. Partial deliveries do not affect the customer's rights due to service disruptions.
3. The risk of accidental loss and accidental deterioration of the item sold passes to entrepreneurs when the item is handed over to the item itself or to a person authorized to receive it, or in the case of mail-order sales when the item is delivered to a suitable transport person. For consumers, the risk of accidental loss and accidental deterioration of the item sold always passes to the consumer when the goods are handed over to the consumer. With regard to the assumption of risk, it is the same as handover if the customer is in default of acceptance.
4. In the event of non-compliance with delivery deadlines due to temporary impediments to performance due to force majeure (e.g. war, civil unrest, natural disasters) or similar events (e.g. strike or lockout), the deadlines are extended by a period corresponding to the impediment to performance.
8. Statutory Liability for Defects
The statutory right to liability for defects applies to the items we offer.
1. The user is liable for damage resulting from injury to life, limb or health that is based on their negligent breach of duty or an intentional or negligent breach of duty by one of their legal representatives or vicarious agents. Furthermore, the user is liable for other damages based on an intentional or grossly negligent breach of duty by him or on an intentional or grossly negligent breach of duty by one of his legal representatives or vicarious agents. In addition, the user is fully liable for damages that are covered by liability under mandatory statutory provisions, such as the Product Liability Act, quality guarantees or in cases of fraudulent intent.
2. Apart from liability for intent and gross negligence, the user is liable for the breach of such contractual obligations, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligations). In this case, however, liability is limited to the foreseeable damage that is typical for the contract. Furthermore, liability for indirect or consequential damages is also excluded, unless these are foreseeable.
3. The user is not liable to entrepreneurs for the slightly negligent breach of other contractual obligations that are not cardinal obligations. Liability towards consumers is limited in these cases to the foreseeable damage that is typical for the contract, whereby there is no liability for unforeseeable indirect or consequential damage.
10. Severability Clause
Should individual parts of the above general terms and conditions be ineffective or void, the remaining conditions remain valid, unless adherence to the contract would represent an unreasonable hardship for the customer.
11. Final Provisions
1. The law of the Federal Republic of Germany applies. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law only applies to the extent that the protection granted by mandatory consumer protection provisions of the law of the state in which the consumer has his habitual residence is withdrawn. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention) do not apply. The contract language is German.
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 this contract is the place of business of the user. The same applies if the customer does not have a general place of jurisdiction in Germany or if his domicile or habitual abode is not known at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
B. Customer information for consumers
1. The contract is concluded with:
Grüezi bag GmbH
Managing Director: Markus Wiesböck
83075 Bad Feilnbach
Telephone : 080 64 / 906 29 22
Fax: 080 64 / 906 29 24
2. The user is not subject to any special codes of conduct. The essential characteristics of the goods or service as well as any limitation of the period of validity of the information provided can be found in the seller's respective offer. In case of doubt, the textual description takes precedence over the pictorial representation.
3. Details of the contract, in particular the existence or non-existence of a right of cancellation and its conditions and exercise - name and address of the addressee of the cancellation as well as the legal consequences of the cancellation - and the warranty conditions result from the information provided by the user in Section 3 and Section 8 of these General Terms and Conditions.
4. Input errors can be corrected before completing the ordering process by checking the respective declaration using the technical means provided by the web shop system within the respective input fields. The customer can then check his entries again and check for errors on the following confirmation page, on which he must enter his personal data. By clicking the "Back" button of his browser, the buyer can return to the previous page and correct any input errors.
5. The contract is concluded through offer and acceptance. The individual technical steps to be taken to conclude the contract are described in detail under Section 2 of these General Terms and Conditions.
6. Information on the existence of the statutory right to liability for defects for the goods offered can be found under Section 8 of these General Terms and Conditions.
7. The text of the contract is not saved by the user. The text of the contract can be saved or printed out by the customer before placing an order by using the corresponding browser function. The specific order data and these General Terms and Conditions (GTC) are sent to the customer by email and can be archived or printed out by the customer via email.
8. The contract language is German.
9. Customer information on online dispute resolution: The so-called "OS platform", an internet platform for online dispute resolution, will be provided by the EU Commission. The OS platform can be reached via the following link https://ec.europa.eu/consumers/odr/ . You can find out more about online dispute resolution there.
Our e-mail address is: E-Mail : info[at]gz-bag.de
C. Privacy Notice
Details on data protection can be found under the " Privacy " button.
Bad Feilnbach, September 9th, 2016