Terms of service
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (BEARPAW GmbH) via the www.bearpaw-shop.com/www.bearpaw-shop.de website. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their independent professional or commercial activity.§ 2 Conclusion of the contract
(1) The subject matter of the contract is the sale of goods. Our offers on the Internet are non-binding and not a binding offer to conclude a contract.
(2) You can submit a binding purchase offer (order) via the online shopping basket system. The goods intended for purchase are placed in the "shopping basket". You can call up the "shopping basket" via the corresponding button in the navigation bar and make changes there at any time. After accessing the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page. Before submitting the order, you have the option of checking all details again, changing them (also using the "back" function of the Internet browser) or cancelling the purchase. By sending the order via the button "order for a fee" you submit a binding offer to us. You will first receive an automatic email about the receipt of your order, which does not yet lead to the conclusion of the contract.(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation). If you have not received a corresponding message, you are no longer bound by your order. In this case, any services already rendered will be refunded immediately.
(4) Your enquiries regarding the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Customised goods
(1) You shall provide us with the suitable information, texts or files required for the customised design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Any specifications we may have regarding file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this context. This also applies to the costs of any legal representation required in this context.
(3) We do not check the transmitted data for correctness of content and in this respect assume no liability for errors.(4) All customised items (custom strings, customer arrows, engraving, ...) are excluded from exchange.
§ 4 Conclusion of the contract for courses
(1) The subject matter of the contract is the organisation of courses. Our offers on the Internet are non-binding and not a binding offer to conclude a contract.
(2) You can submit a binding offer (order) via the online shopping basket system. The courses intended for booking are stored in the "shopping basket". You can call up the "shopping basket" via the corresponding button in the navigation bar and make changes there at any time. After accessing the "Checkout" page and entering your personal details and payment terms, all order details will be displayed again on the order overview page. Before submitting the order, you have the option of checking all details again, changing them (also using the "back" function of the Internet browser) or cancelling the order. By sending the order via the corresponding button, you are submitting a binding offer to us. You will first receive an automatic e-mail about the receipt of your order, which does not yet lead to the conclusion of the contract.(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. by e-mail), in which the booking is confirmed to you (booking confirmation). If you have not received a corresponding message, you are no longer bound by your booking. In this case, any services already provided will be refunded immediately.
(4) Your enquiries regarding the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.§ 5 Provision of services for courses
(1) The implementation of the courses in the form described in the respective offers shall take place on the agreed dates.
(2) Insofar as the implementation of the courses is dependent on the number of participants, the minimum number of participants results from the respective offer. If the minimum number of participants is not reached, we will inform you in writing (e.g. by e-mail) at least 7 days before the start of the course that the booked course will not take place. In this case, any services already rendered will be refunded immediately.
(3) If an individual event is cancelled due to the short-term absence of the course instructor due to illness or for any other important reason, the services already provided will be refunded immediately. In the case of events consisting of several dates, if one date is cancelled due to the short-term absence of the course instructor due to illness or for other important reasons, the cancelled date will be made up on an alternative date.
(4) In connection with the use of course rooms and facilities, you must comply with the house rules displayed locally. You must comply with our instructions or the instructions of the course instructor.
(5) Participation in the courses is at your own risk. It is recommended that you take out appropriate accident and/or liability insurance.
§ 6 Withdrawal/cancellation(1) You can withdraw from the contract free of charge up to 84 days before the start of the course. The cancellation must be in text form (e.g. e-mail). The relevant date for meeting the deadline is the date of receipt of the cancellation notice by us. Cancellation is no longer possible less than 84 days before the start of the course.
(2) In the event of non-participation or partial participation in the booked course, no refund of course fees is possible.
(3) The statutory right of cancellation is not affected by this, it exists regardless of the existence or non-existence of this additional right of cancellation.
§ 7 Substitute participant
You can nominate a substitute participant at any time before the start of the course. You will not incur any costs for this rebooking.
§ 8 Special agreements on offered payment methods(1) SEPA direct debit (basic and/or company direct debit) When paying by SEPA basic direct debit or SEPA company direct debit, you authorise us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate. The direct debit will be collected within 3-5 days after delivery of the goods in Germany and within 3-5 days after conclusion of the contract for deliveries abroad. The period for sending the pre-notification is reduced to 5 days before the due date. You are obliged to ensure that your account has sufficient funds on the due date. In the event of a returned direct debit due to your fault, you must bear the bank fee incurred.
§ 9 Right of retention, retention of title(1) You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 10 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.
§ 11 Choice of law, place of fulfilment, place of jurisdiction(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favourability).
(2) The place of fulfilment for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is filed. This does not affect the right to appeal to the court at another statutory place of jurisdiction.
II. customer information
1. identity of the seller
BEARPAW GmbH
Hannebach 30 | 96269 Rossach | Germany
Phone: + 49 (0) 9565 616 88 0
Email: info@bearpaw-products.com
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/odr.
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.).
.3. contract language, contract text storage
3.1. The contract language is German.
3.2. The complete text of the contract will not be saved by us. Before sending the order via the online shopping basket system the contract data can be printed out using the browser's print function or saved electronically. After we have received the order, the order data, the legally required information for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3. In the case of requests for quotations outside the online shopping basket system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.4. essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. prices and payment terms
5.1. The prices stated in the respective offers as well as the shipping costs do not necessarily represent the total prices. Any taxes or customs duties incurred must be borne by the buyer.
5.2. The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly labelled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free shipping has been promised. The shipping costs can be viewed here.5.3. If the delivery is made to countries outside the European Union, additional costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you. You must also bear any money transfer costs incurred in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
5.4. The payment methods available to you are shown under a correspondingly labelled button on our website or in the respective offer
5.5. Unless otherwise specified for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
5.6. Unless otherwise agreed, payment for course bookings must be made at the latest on the course date before
on site before the start of the course, otherwise there is no entitlement to participation.
6. terms of delivery
6.1. The terms of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
7. statutory liability for defects
The liability for defects is governed by the "Warranty" provision in our General Terms and Conditions
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General Terms and Conditions (Part I)
.These terms and conditions and customer information were created by the lawyers of Händlerbund who specialise in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/agb-service.
Last update: 07/12/2017
Conditions of participation in social media competitions (Instagram, Facebook, YouTube, TikTok):
The competition is organised by BEARPAW PRODUCTS | BEARPAW Gmbh, Hannebach 30, 96269 Großheirath, Germany. Participation is free of charge. BEARPAW PRODUCTS is the sole point of contact and all enquiries should be addressed to them. The competition is in no way connected to Meta, Google or TikTok and is in no way sponsored, supported or organised by these companies.
§1 Competition
The competition period can always be recognised by the post on the corresponding platform. Anyone under the age of 18 who fulfils the request in the competition post can take part. The non-cash prize can also be seen in the post. The winner will be chosen at random (random draw) and announced at the end of the competition period. The winner will receive the prize by post after receiving the contact details (name, e-mail address, home address). Note: a cash payment is excluded.
Any natural person is eligible to take part in the competition. Participation must be in their own name. The winner will always be announced at the end of the competition period, contacted and asked to provide his/her contact details. BEARPAW PRODUCTS will send the prize by post to the contact details provided by the winner.
§3 Forfeiture of the prize
If it is not possible to distribute the prize because a dispatch fails and this cannot be made good within one month, the claim to the prize expires. The claim also expires if a winner does not contact BEARPAW PRODUCTS after repeated enquiries.
§4 Data protection
We require your first name, surname, address and email address for participation, the implementation and dispatch of prize notifications and prizes. Otherwise, our usual data protection provisions apply: https://www.bearpaw-shop.com/datenschutz
§5 Liability
The contribution or comments of the participants in the competition may not infringe the rights of third parties BEARPAW PRODUCTS assumes no liability for any infringement of the rights of third parties. BEARPAW PRODUCTS reserves the right to terminate or modify the competition at any time without notice. This is especially the case if this is necessary for legal or technical reasons and a proper execution can no longer be guaranteed. No claims against BEARPAW PRODUCTS can be derived from the termination or modification of the competition.
§6 Miscellaneous
Legal recourse is excluded. The law of the Federal Republic of Germany applies exclusively. BEARPAW PRODUCTS clarifies that the submitted conditions of participation and data protection can be changed at any time without prior notice.