General Terms And Conditions
1. Scope of application
These terms and conditions apply for all online purchases of BearCreeks GmbH products.
2 Contract closing
The mere presentation of BearCreeks GmbH products and the possibility of purchasing is not a binding offer yet. The customer’s order represents an offer from him/her for BearCreeks GmbH to set up a sales contract. When the customer makes his/her order, BearCreeks GmbH will send an email to the named email address. There BearCreeks GmbH confirms your order und list the details (order confirmation). This order confirmation represents not an acceptation of the customers offer, but just informs him/her, that the order is received by BearCreeks GmbH. The contract will just be closed, when BearCreeks GmbH sends the specific product(s) to the customer and confirms the shipping via a second email (delivery confirmation).
3 Prices and shipment costs
The listed prices are final prices, including VAT. The price, listed at the time the binding order is made, is valid. Additionally, there are shipping costs, which depend on shipping method, size and weight of the ordered product(s). Details can be seen in the shipment costs section.
The accepted payment methods for shipping in Germany are credit card, advance payment, debit, cash on delivery, payment services (like PayPal) and payment on invoice. BearCreeks GmbH informs hereby, that Deutsche Post accepts only cash money for cash on delivery. With the naming of the customer’s credit card number for this order he/she allows BearCreeks GmbH to withdraw the buying price from the specific bank account.
5 Delay of payment
Should the payment be delayed, BearCreeks GmbH is authorized to call for default charges of up to 5% above the basic rate of interest (listed at the specific point in time by the Deutschen Bundesbank). If a greater, provable damage is caused by the delay, BearCreeks GmbH is authorized to demand compensation for this specific case.
The customer is only authorized to demand an offsetting, if his/her counterclaims are determined without further legal recourse or uncontended by BearCreeks GmbH.
7 Right of retention
A right of retention is only valid, if his/her counterclaim is based upon the same contract.
8.1 The delivery goes to the delivery address, given by the customer. But only to addresses in the European Union or Switzerland.
8.2 Is a delivery or other service permanently not possible, due to force majeure event (natural catastrophes, war, etc.), BearCreeks GmbHs duty to perform is foreclosed. Already received payments will be refunded by BearCreeks GmbH.
8.3 BearCreeks Gmbh can also deny services, if these require further expenses, which are contradicting the interests of the customer, regarding the fulfillment of the contract, always considering the specific contract and the duties of utmost good faith.
9 Keen shipment costs for return consignment
Please use the original packing when returning products and supplies, if possible. Even if this should be damaged, because of unpacking due to functional check. The customer is not obliged to do that, but additional costs for missing original packing can be avoided by this.
10 Reservation of ownership
Until the full settlement of all demands towards the customer, based upon the buying contract, the goods remain property of BearCreeks Gmbh. As long as this reservation of ownership exists, the customer is not allowed to sell the goods or have other means about them. Especially the customer is not allowed to ensure any usage of the goods to a third party.
11 Rights arising from product defects
11.1 In case of an already by delivery deficient product (case of warranty), BearCreeks GmbH will exchange the deficient product by one free of faults or repair it properly (supplementary performance), both options according to the customers will and free of charges. The customer will be informed, that no case of warranty exists, if the product has the contractual promised condition by transfer of risk. A case of warranty doesn’t exist, especially when:
a) damage is caused by misuse or improperly use by the customer.
b) damage is caused by external factors while in possession of the customer (especially by extreme temperatures, humidity, extraordinary physical or electrical stress, voltage fluctuation, lighting, static electricity and fire).
11.2 If the customer demands a supplementary performance (exchange or repair), that exceeds the expenditure comparatively to the products price, contractual defaults and the duties of utmost good faith, the customers claim is limited to the respective other option. In case of the duty of utmost good faith, the worth of the product free of faults, the fault itself and the general cost effectiveness of the other option must be considered.
11.3 Both repairing and exchanging oblige the customer to return the product to the address given by BearCreeks GmbH, providing the order number with the shipment. The costs will be covered by BearCreeks GmbH.
11.4 Is the customer sending back the goods for exchanging, BearCreeks GmbH can demand compensation for damage not caused by the specific case of warranty. For example: Loosing the product, time delay, etc. The customer is not obliged to compensate for damage caused by properly use of the product. The duty of compensation for the customer also doesn’t apply if:
a) the flaw becomes visible during a working process.
b) the flaw lays in the responsibility of BearCreeks GmbH or damage would also have been taken, while being in the possession of BearCreeks GmbH (for example while being in storage).
c) the flaw occurred even if the customer has properly taken care.
11.5 The liability of compensation of the customer due to inappropriate returning the goods is based upon the legal obligations.
11.6 The customer is authorized to cancel the contract or diminish the price, if the repair or exchange doesn’t lead to the contractual guaranteed condition of the product in an appropriate period of time.
11.7 Beyond that, further claims against the producer can be made, according to the contractual cases of warranty.
11.8 The statutory warranty of BearCreeks GmbH ends after a two years period, starting by receiving the shipment.
12.1 In case of slight negligence, BearCreeks GmbH is only liable for contractual duties and is limited for predictable consequences. This limitation applies not for consequences of life, body and health. For other consequences, resulting of slight negligence while using the product, BearCreeks GmbH is not liable.
12.2 BearCreeks GmbH is not liable in case of malevolently concealing the deficiency or taking over warranty claims, regardless the culpability of BearCreeks GmbH.
12.3 BearCreeks GmbH is also liable for an unpredictable impossibility of delivery, which occurs during the delivery itself. Exceptionally, the damage would also have occurred by delivery in time.
12.4 Foreclosed is the individual liability of the legal representatives, vicarious agents and/or staff members of BearCreeks GmbH in individual cases of slight negligence.
13 Applicable law
The contract between the customer and BearCreeks Gmbh is only subject to the German law, explicitly excluding the UN-CISG. Unaffected by this are the binding regulations of the nation, which are the customers usual place of residence.
14 Place of jurisdiction
If the customer has, contradicting his/her purchase order form, no residence in Germany or if the customer changes his/her residence to another country after closing the contract or if the customers residence is unknown, then the place of jurisdiction, regarding this contractual relationship, is 41751 Viersen/Germany, should a suit be filed.
15 Severability clause/written form
15.1 Should individual clauses, fully or partially, be/become legally void or invalid, the contract itself is still valid. The parties bind themselves to exchange legally void or invalid clauses against valid ones, which corresponds to the previous clauses the most, regarding the economic purpose. The same applies for a gap in the contract.
15.2 Alterations or supplements require a written form.