Terms of service

General Terms and Conditions (B2B)

§ 1 General Provisions/Scope

(1) These General Terms and Conditions apply to all contracts you enter into with us as the provider (BEARPAW GmbH) via the website b2b.bearpaw-products.com. Unless otherwise agreed, any conditions you may use are excluded.

(2) An "entrepreneur" in the sense of these regulations is any natural or legal person or a legally capable partnership who acts in the exercise of their independent professional or commercial activity when concluding a legal transaction. Associations and social as well as educational institutions are also considered. These T&Cs are directed exclusively at entrepreneurs within the meaning of § 14 of the German Civil Code (BGB). An entrepreneur is any natural or legal person or a legally capable partnership who acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.

§ 2 Company Information

BEARPAW GmbH

Hannebach 30 | 96269 Großheirath/OT Rossach | Germany
Phone: +49 (0) 9565616880
Email: info@bearpaw-products.com

Alternative Dispute Resolution: The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at https://ec.europa.eu/odr.

§ 3 Offers and Conclusion of the Contract

(1) The subject of the contract is the sale of goods. Our online offers are non-binding and do not constitute a binding offer to conclude a contract.

(2) You can submit a binding purchase offer (order) via the online shopping cart system. The goods intended for purchase are placed in the "shopping cart." You can access the "shopping cart" via the corresponding button in the navigation bar and make changes at any time. After accessing the "checkout" page and entering personal data as well as payment and shipping details, all order data will be displayed on the order summary page. Before submitting the order, you have the opportunity to review, amend, or cancel the purchase. By submitting the order via the "Order" button, you make a binding offer to us.

(3) The acceptance of the offer (and thus the conclusion of the contract) occurs through the order confirmation, which is sent by email within a few minutes, confirming the execution of the order or delivery of the goods.

(4) Your requests for a quotation are non-binding. We will provide you with a binding offer in text form (e.g., by email), which you can accept within 5 days.

(5) The processing of the order and the transmission of all necessary information related to the conclusion of the contract is partly automated via email. You must therefore ensure that the email address you have provided to us is correct, the receipt of emails is technically ensured, and in particular, not blocked by spam filters.

§ 4 Prices and Payment Terms

(1) The prices listed in the respective offers are not necessarily total prices. Shipping costs, taxes, or customs duties must be borne by the buyer. The prices stated on our website are net, excluding statutory VAT. Final prices will be adjusted according to applicable tax regulations and may vary depending on location and tax status.

(2) The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.

(3) Unless otherwise specified for individual payment methods, the payment claims from the concluded contract are due immediately.

§ 5 Special Agreements on Payment Methods Offered

(1) SEPA Direct Debit: By choosing SEPA direct debit, you authorize us by issuing a corresponding SEPA mandate to collect the invoice amount from the specified account. The direct debit will be collected upon delivery of the goods. The period for sending the pre-notification is reduced to 5 days before the due date. You are obliged to ensure that there are sufficient funds in the account by the due date. In case of a return debit due to your fault, you are responsible for the incurred bank charges.

(2) PayPal & Credit Card: When selecting PayPal or credit card as payment methods, payment must be made immediately or within the deadlines set by the provider. Payment must be made before receipt of the goods.

§ 6 Delivery Conditions

(1) Shipping costs are not included in the purchase price. They are accessible via a correspondingly labeled button on our website or in the respective offer, are separately stated during the ordering process, and must be borne by you unless free shipping is promised. Shipping costs can be viewed here.

(2) For deliveries to countries outside the European Union, shipping costs are not displayed directly in the shopping cart or at the time of order completion. The final calculation of shipping costs is done separately. In addition to shipping costs, further costs may also arise, such as customs duties, taxes, or money transfer fees (e.g., transfer or exchange rate fees from financial institutions). These shipping costs and additional costs will be billed to you separately.

(3) Costs incurred for money transfers are also your responsibility in cases where the delivery is made to an EU member state, but the payment was initiated outside the European Union.

(4) Delivery conditions, delivery times, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

(5) The risk of accidental loss and deterioration of the sold goods during shipping passes to you upon handover of the goods, even if the shipping is insured or uninsured. This does not apply if you have commissioned a transport company or another person not named by the entrepreneur for the execution of the shipment.

§ 7 Complaints and Cancellations

(1) Cancellations and returns are excluded.

(2) Complaints must be reported within the statutory periods after receipt of the goods or services. The complaint must be made in text form (via the form) and describe the nature of the defect in detail.

(3) In the case of justified complaints, we are obligated to either rectify the issue or provide a replacement, at our discretion.

(4) Complaints due to damage caused by improper handling or external influences are excluded.

§ 8 Custom Goods

(1) You must provide us with the necessary suitable information, texts, or files for the custom design of the goods via the online ordering system or by email immediately after the conclusion of the contract. Our specifications for file formats must be observed.

(2) You agree not to transmit any data whose content infringes the rights of third parties (especially copyrights, personal rights, trademark rights) or violates existing laws. You expressly indemnify us from all claims made by third parties in this context. This also includes the costs of necessary legal representation.

(3) We do not verify the transmitted data for content accuracy and assume no liability for errors in this regard.

(4) All custom-designed items (custom strings, engraving, etc.) are excluded from exchange.

§ 9 Right of Retention, Retention of Title

(1) A right of retention can only be exercised if it concerns claims from the same contractual relationship.

(2) The goods remain our property until the full payment of the purchase price.

§ 10 Warranty

(1) The statutory warranty rights apply.

(2) As a business customer, you are required to check the goods upon delivery for completeness, apparent defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so does not affect your statutory warranty claims.

§ 11 Choice of Law, Place of Performance, Jurisdiction

(1) German law applies.

(2) The place of performance for all services arising from our business relationships and the jurisdiction is our registered office, unless you have a general jurisdiction in Germany or the EU, or the residence or habitual place of residence is not known at the time of the legal action. The right to call a court at another statutory place of jurisdiction remains unaffected.

§ 12 Language of the Contract, Storage of the Contract Text

(1) The language of the contract is German.

(2) The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed or electronically saved using the browser's print function. After the order has been received by us, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.

(3) For inquiries outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by email, which you can print or electronically save.

§ 13 Essential Characteristics of Goods or Services

The essential characteristics of the goods and/or services are detailed in the respective offer.

§ 14 Legal Warranty Rights

The warranty for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

§ 15 Changes to the T&Cs

(1) We reserve the right to change the General Terms and Conditions (T&Cs) at any time. Changes take effect upon publication on our website.

(2) By using our services or entering into new contracts after the publication of the amended T&Cs, you agree to the amended terms.

§ 16 Accessibility of the T&Cs

The applicable General Terms and Conditions are always accessible on our website.

Last updated: 16th August 2024