Terms & conditions
I. Standard business terms
§ 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 upon, the inclusion, if necessary, of your own conditions is ruled out.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products.
(2) Our offers on the website are non-binding and are not a binding offer to conclude a contract.
(3) You can use the online shopping cart system to place a binding offer of purchase (order). Here, the goods meant for purchase are stored in the ‘Shopping cart’. You can use the respective button in the navigation bar to call up the “shopping cart” and make changes at any time. After the ‘check-out’ page has been called up and the respective personal data and payment and shipping conditions have been entered, all the order data is displayed again on the order overview page. Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction. When the order is placed using the “Ordering with cost liability” button, you are considered to have made a binding offer to us. You then receive an automatically-generated email regarding the receipt of your order. This email does not yet lead to the conclusion of a contract.
(4) The acceptance of the offer (and with it, the conclusion of the contract) takes place within a period of 2 days via a textual confirmation (e.g. email) in which you receive confirmation (order acknowledgement) regarding the execution of the order or the delivery of the products in question. If you have not received any corresponding message within this deadline, you are no longer considered to be bound to your order. Under such circumstances, any services that have already been provided are restored without undue delay.
(5) You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.
(6) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Individually-designed products
(1) You provide us with the appropriate information, text or data necessary to customise the goods via the online ordering system or via E-mail without undue delay after concluding the contract. Any potential specifications that we may issue regarding file formats are to be borne in mind.
(2) You are obligated to ensure that you do not transfer data whose contents violate the rights of external parties (especially copyrights, rights to names and trademark rights) or break existing laws. You explicitly free us from any and all claims related to this matter that may be raised by external parties. This also applies to the costs associated with any legal representation that may become necessary in this regard.
(3) We do not check the transferred data for textual accuracy. In this respect, we assume no liability for errors.
§ 4 Conclusion of the contract in the case of courses
(1) The object of the contract is the delivery of courses. Our offers on the website are non-binding and are not a binding offer to conclude a contract.
(2) You can submit a binding offer (order) via the online shopping cart system. The courses you intend to book will be added to your "Shopping Cart". You can select the "Shopping Cart" using the appropriate buttons on the navigation bar and make changes there at any time. After calling up the “Checkout” page and entering the required personal data and payment conditions, all order information is then displayed again on the order summary page. Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction. When you submit an order by clicking the relevant button, you submitt a binding offer to us. You then receive an automatically-generated email regarding the receipt of your order. This email does not yet lead to the conclusion of a contract.
(3) The offer is accepted (and the contract therefore concluded) within two days by a confirmation in text form (e.g. by e-mail) confirming your booking (booking confirmation). If you have not received any corresponding notification, you are no longer bound to your booking. In this case, any payments already made will be refunded immediately.
(4) You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.
(5) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 5 Service provision in the case of courses
(1) The courses will be delivered in the form described in the respective offers on the agreed dates.
(2) If the delivery of the course is dependent on the number of participants, the minimum number of participants will be evident in each case from the offer. If the minimum number of participants is not reached, we will inform you in writing (e.g. by e-mail) at least seven days before the beginning of the course that the booked course will not be taking place. In this case, any payments already made will be refunded immediately.
(3) In the case of cancellation of a single event due to the non-availability of the course instructor at short notice due to illness or another important reason, the payments already made will be refunded immediately. In the case of events consisting of several dates, if one of the dates is cancelled at short notice because the course instructor is not available due to illness or another important reason, a replacement date will be found for the cancelled date.
(4) In relation to the use of course rooms and objects, you must comply with the house rules displayed on the premises. You must adhere to our instructions or the course instructor's instructions.
(5) Participation in the course 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 84 days before the start of the course. Withdrawal is required in text form (e.g. e-mail). The effective date for compliance with the deadline is the receipt of the withdrawal declaration by us. Withdrawal is no longer possible less than 84 days before the start of the course.
(2) In case of non-participation or partial participation in the booked course, no refund of course fees will be possible.
(3) This does not affect the statutory right of revocation; this exists irrespective of the existence or non-existence of this additional right of withdrawal.
§ 7 Substitute participant
You can name a substitute participant at any time before the start of the course. There will be no charges for this change to the booking.
§ 8 Special agreements related to the offered payment methods
(1) SEPA debit note (base and/or corporate debit note) If payment is to be made via an SEPA base debit note or an SEPA corporate debit note, you authorise us to collect the billing amount from the specified account by issuing a corresponding SEPA mandate. In case the goods are delivered to a location in Germany, the debit note is collected within a period of 3-5 days after the conclusion of the contract. In case of foreign shipments, it is collected within a period of 3-5 days after the conclusion of the contract. The deadline for the sending of the pre-notification has been shortened to 5 days before the due date. You are obligated to ensure that the account in question possesses sufficient covering funds on the due date. If a return debit note comes into play on account of a situation in which you defaulted on your obligation, you have to pay the incidental bank charge.
§ 9 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
§ 10 Warranty
(1) The statutory warranty rights are applicable.
(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
§ 11 Choice of law, place of fulfilment, jurisdiction
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer information
1. Identity of the seller
Hannebach 30 | 96269 Rossach | Germany
Phone: +49 (0) 9565 616 88 0
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
3.3 You will be sent all contractual information within the framework of a binding offer in written form, via E-mail for example, for quotation requests outside of the online shopping basket system, which can be printed out or saved electronically in a secure manner.
4. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
5. Prices and payment arrangements
5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
5.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
5.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear. You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.
5.4 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
5.5 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
5.6 Unless otherwise agreed, when booking courses payment must be made no later than on the course date before the start of the course; there is otherwise no entitlement to participation.
6. Delivery conditions
6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
7. Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business
These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: https://www.haendlerbund.de/agb-service.
Conditions of participation Instagram & Facebook:
The giveaway is run by BEARPAW PRODUCTS | BEARPAW Gmbh, Hannebach 30, 96269 Großheirath, Germany. The participation is free of charge. BEARPAW PRODUCTS is the sole contact and all inquiries should be directed to them. The giveaway is in no way affiliated with, sponsored, endorsed or organized by Facebook or Instagram.
§1 Giveaway: Our giveaway will take place from 03/09/2022 until 03/16/2022 at 23:59. Anyone under 18 years of age who complies with the invitation in the giveaway post can participate. The prizes are 1 x BEARPAW hoodie and 1x BEARPAW t-shirt. The winner / the winner will be determined at random (lottery) and announced on 16.03.2022. The winner will receive the prize by mail after receiving the contact details (name, email address, home address). Note: a cash payment is excluded.
§2 Participation: Every natural person is entitled to participate in the giveaway. Participation must take place in one's own name. The winner / the winner will be announced on 16.03.2022 on the Facebook page and / or on Instagram, contacted and asked to provide his / her contact details. BEARPAW PRODUCTS will send the prize by mail to the contact details provided by the winner.
§3 Forfeiture of the prize If it is not possible to distribute the prize because a mailing fails and the prize cannot be sent within one month, the claim to the prize will be forfeited. The claim is also forfeited if a winner does not contact BEARPAW PRODUCTS by 31.03.2022 at the latest.
§4 Data protection: For participation, execution and sending of prize notifications as well as prizes, we require data from you First name, last name address, e-mail address. Your data will be deleted after completion of the competition. In all other respects, our usual data protection provisions apply: https://www.bearpaw-shop.com/en/data-policy#
§5 Liability: The contribution or comments of the participants in the competition must not violate any rights of third parties BEARPAW PRODUCTS assumes no liability for any violation of the rights of third parties. BEARPAW PRODUCTS reserves the right to terminate or modify the contest 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 The legal process is excluded. The laws of the Federal Republic of Germany apply exclusively. BEARPAW PRODUCTS makes clear that the submitting participation and data protection conditions can be changed at any time without prior notice.