Terms of service
GENERAL TERMS AND CONDITIONS OF
https://www.gym-grizzly.de
Welcome to GYMGRIZZLY!
1. Scope of application and provider
(1) The General Terms and Conditions (hereinafter referred to as "GTC") regulate the sale of products by Glory Sports GmbH & Co KG (hereinafter referred to as "Supplier") to you in the version valid at the time of the order.
(2) (2) Deviating GTC of the Buyer shall be rejected.
(3) Please read these Terms carefully before placing an order with Glory Sports GmbH & Co KG. By placing an order with Glory Sports GmbH & Co KG, you agree to the application of these Terms of Sale to your order.
(4) On GYMGRIZZLY we offer the sale of the following products:
Glory Sports GmbH & Co KG sells various sporting goods & sports equipment on the platform https://www.gym-grizzly.de.
2. Formation of the contract
(1) Contracts on this portal can only be concluded in German.
(2) The offers are directed exclusively to end customers with an invoice and delivery address in:
Germany.
In the case of individual bulky goods, the possible delivery addresses and the place of delivery may be restricted; the restriction is shown in the respective list price.
(3) The customer must be at least 18 years old.
(4) The presentation of the goods in the online store does not constitute a legally effective offer. By presenting the goods, the customer is merely invited to make an offer.
(5) Your order constitutes an offer to GYMGRIZZLY to conclude a purchase contract. The purchaser makes a binding offer when he/she has gone through the online ordering process by entering the information requested there and clicking on the "order subject to payment" button in the last ordering step.
(6) The purchase contract between the supplier and the purchaser is only concluded by a declaration of acceptance by the supplier. This takes place the earlier of the two dates, either by sending the goods or sending a shipping confirmation by e-mail. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.
(7) The effectiveness of contracts for larger than normal household quantities as well as the commercial resale of the object of purchase requires the express confirmation on the part of the supplier. This refers both to the number of ordered products within the scope of one order and to the placement of several orders of the same product, where the individual orders comprise a quantity customary in the household.
(8) Your orders will be stored by us after the contract is concluded. If you lose your records of your orders, please contact us by e-mail or telephone. We will send you a copy of the order data.
(9) You agree to receive invoices electronically. Electronic invoices will be made available to you via email or in the customer account on the website. We will notify you if an electronic invoice is available for each shipment in the shipping confirmation. For more information about electronic invoices, please visit our website.
3. Prices and shipping costs
(1) Our prices include the applicable statutory value-added tax and do not include a flat shipping rate or shipping surcharge. The shipping surcharges vary depending on the delivery method and item characteristics.
(2) Despite our best efforts, a small number of products in our catalog may be marked with the wrong price. We check the prices when we process your order and before we charge the payment. If a product is marked with an incorrect price and the correct price is higher than the price on the website, we will contact you before shipping the product to ask if you would like to purchase the product at the correct price or cancel the order. If the correct price of a product is lower than the price we have listed, we will charge the lower amount and ship the product to you.d, we will charge the lower amount and ship the Product to you.
(3) Prices apply at the time of order. If list prices are available, the list prices valid at the time of order apply.
4. Delivery and Cancellation
(1) Unless otherwise agreed, delivery shall be made to the delivery addUnless otherwise agreed, delivery shall be made to the delivery address provided by the Purchaser. On the website, you will find information on the availability of products sold by GYMGRIZZLY (e.g. on the respective product detail page). We would like to point out that all information on availability, shipping or delivery of a product is only estimated information and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates unless this is expressly designated as a binding date in the shipping options of the respective product.
(2) If during the processing of your order, GYMGRIZZLY discovers that products ordered by you are not available, you will be informed separately by e-mail or by a message in your customer account. The legal claims of the purchaser remain unaffected.
(3) Insofar as a delivery to the Purchaser is not possible because the delivered goods do not fit through the Purchaser's entrance door, front door or staircase or because the Purchaser cannot be found at the delivery address provided by him, although the Purchaser was given reasonable notice of the delivery date, the Purchaser shall bear the costs for the unsuccessful delivery.
(4) The delivery takes place depending on the payment method of the customer. In the case of prepayment, the delivery takes place after the payment order has been issued to the remitting credit institution. In case of payment by Paypal, credit card, gift card, direct debit, instant bank transfer or invoice, the delivery will be made after the conclusion of the contract.
(5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract is concluded between us regarding each shipping confirmation for the products listed in the respective shipping confirmation. The contractual partner is Glory Sports GmbH & Co KG. Notwithstanding your right of cancellation, you may cancel your order for a product free of charge at any time before the associated shipping confirmation is sent.
5. Payment
(1) The customer can pay for the goods by the following methods of payment:
- Paypal
- Credit card
(2) Certain payment methods can be excluded by the provider in individual cases.
(3) The customer is not allowed to pay for the goods by sending cash or checks.
(4) If the customer chooses an online payment method, the customer thereby authorizes the provider to collect the amounts due at the time of the order.
(5) If the Provider offers payment in advance and the Customer chooses this payment method, the Customer shall transfer the invoice amount to the Provider's account within five calendar days after receipt of the order. The provider reserves the goods accordingly for five calendar days.
(6) If the Provider offers payment by credit card and the Customer chooses this method of payment, the Customer expressly authorizes the Provider to collect the amounts due after shipment of partial deliveries or deliveries of goods.
(7) If the Provider offers payment by direct debit and the Customer chooses this payment method, the Customer shall grant the Provider a SEPA basic mandate. If a payment transaction is reversed due to lack of funds in the account or due to incorrectly transmitted bank details, the Customer shall bear the costs.
(8) If the supplier offers payment in advance and the purchaser chooses this method of payment, the purchaser undertakes to pay the invoice amount within 14 days of dispatch of the goods, without any deduction of discount.
(9) If the customer is in default of payment, the supplier reserves the right to claim damages for default.
6. Offsetting and right of retention
(1) The customer shall only have the right to offset if the Purchaser's counterclaim has been legally established or has not been disputed by the Vendor.
(2) The customer may only exercise a right of retention insofar as your counterclaim is based on the same contractual relationship.
7. Retention of ownership
Glory Sports GmbH & Co KG retains ownership of the goods until full payment.
8. Transport Damages
(1) If the Customer receives the goods with obvious transport damages, the Supplier will ask the Customer to claim them as soon as possible.
(2) If the customer fails to make a complaint, this has no consequences for the legal warranty rights. The purpose of the complaint is that the provider can assert his own claims against the carrier.
9. Rights of defect
(1) If the purchaser is a consumer, the warranty and liability for defects of the delivered object of purchase shall be governed by the statutory provisions: Accordingly, in addition to your 30-day return guarantee, purchasers in the European Union have warranty rights for a period of two years from the date of delivery of the goods and may request repair or replacement of products purchased on GYMGRIZZLY if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you may request a refund or reduction of the purchase price.
(2) In the case of used goods, the warranty period may be shorter than two years.
(3) If the Purchaser is not a consumer, the defect shall be remedied by new delivery or new performance.
(4) If the customer is not a consumer, the limitation period shall be one year. This shall apply insofar as no claims for damages and reimbursement of expenses are asserted which relate to compensation for damage to body and health or to intent or gross negligence.
10. Limitation of Liability (Products)
(1) The Provider shall be liable for claims for damages by the Customer arising from injury to life, limb or health or from the breach of material contractual obligations, as well as for other damages based on its intentional or grossly negligent breach of duty or one of the legal representatives or vicarious agents of the Provider.
(2) Essential contractual obligations are obligations whose fulfilment is necessary to achieve the goal of the contract.
(3) The Provider shall be liable for breaches of material contractual obligations based on foreseeable damage typical for the contract, provided that the damage was caused by simple negligence. This limitation shall not apply to claims for damages of the Customer based on injury to life, body or health.
(4) The provisions of the Product Liability Act shall remain unaffected.
(5) Insofar as GYMGRIZZLY's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
11. Cancellation policy
(1) If the customer is a consumer, he has a right of withdrawal under the following provisions:
(2) Right of withdrawal
You have the right to revoke this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods (or the last goods, part shipment or piece in the case of a contract for several goods of a uniform order or the delivery of one good in several part shipments or pieces) without giving any reason.
To exercise your right of withdrawal, you must do it:
Glory Sports GmbH & Co KG
Meisenstrasse 35
46147 Oberhausen
E-Mail: kontakt@gymgrizzly.de
Phone: +49 (0) 1573 7236678
by means of a clear declaration (e.g. a letter sent by mail or e-mail) about your decision to revoke this contract. You can use the model withdrawal form on our website or send us another clear declaration. If you make use of this option, we will immediately send you (e.g. by e-mail) a confirmation of receipt of such revocation.
To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period, and you have returned the goods via our online return center within the period defined below.
For additional information regarding the scope, content and explanations of the exercise, please contact our customer service.
(3) Consequences of the withdrawal
If you withdraw from this contract, we shall reimburse you all payments we have received from you, including delivery costs (except for additional costs resulting from the fact that you have chosen a type of delivery other than the most favourable standard delivery offered by us), without undue delay and at the latest within 14 days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods immediately and, in any case, no later than 14 days from the day on which you notify us of the revocation of this contract to
JBS sales & logistics GmbH
Industriestraße 28
48465 Schüttorf
to return or hand over the goods. The deadline is met if you send the goods before the expiry of the period of 14 days. You shall bear the direct costs of returning the goods.
(4) Exceptions to the right of withdrawal
You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
The right of withdrawal does not exist or expires for the following contracts:
* for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal was removed after delivery or which were inseparably mixed with other goods after delivery due to their nature;
* for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after the delivery;
* for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs;
* for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
* in the case of services, if GYMGRIZZLY has provided them in full and you have noted and expressly agreed before placing the order that we may start providing the service, and you lose your right of withdrawal upon full performance of the contract;
* for the delivery of newspapers, periodicals or magazines, except for subscription contracts; and
* for the delivery of alcoholic beverages, the price of which was agreed upon after the purchase contract, but the delivery of which can be made only after 30 days and the current value of which depends on fluctuations in the market over which the entrepreneur has no control.
12. Exclusion of the right of withdrawal
(1) The right of withdrawal does not apply to contracts
* for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are tailored to the personal needs of the consumer;
* for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
(2) The right of withdrawal expires prematurely in the case of contracts
* for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal was removed after the delivery;
* for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature;
* for the delivery of sound or video recordings, or computer software in a sealed package, if the seal has been removed after delivery.
13. Data privacy
(1) If personal data (e.g. name, address, e-mail address) is collected, we undertake to obtain your prior consent. We undertake not to disclose any data to third parties unless you have given your prior consent.
(2) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) can have security gaps. Accordingly, error-free and trouble-free protection of third-party data cannot be fully guaranteed. In this respect, our liability is excluded.
(3) Third parties are not entitled to use contact data for commercial activities, provided that the provider has given prior written consent to the persons concerned.
(4) You have the right at any time to obtain from GYMGRIZZLY complete and free information about the data concerning you.
(5) Furthermore, there is a right to rectification/deletion of data/restriction of processing for the user.
(6) Further information on data protection can be found in the separate privacy policy.
14. Cookies
(1) To display the product range, we may use cookies. Cookies are small text files that are stored locally in the cache of the site visitor's Internet browser.
(2) Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters by which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the visited Internet pages and servers to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified via the unique cookie ID.
(3) Through the use of cookies, the users of this website can provide more user-friendly services that would not be possible without the cookie setting.
(4) We would like to point out that some of these cookies are transferred from our server to your computer system, whereby these are mostly so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called permanent cookies).uter system on your next visit (so-called permanent cookies).
(5) You can object to the storage of cookies. For this purpose, a banner is available to which you can object/accept.
(6) Of course, you can set your browser so that no cookies are stored on the hard drive, or already stored cookies are deleted again. The instructions regarding the prevention, as well as deletion of cookies, can be found in the help function of your browser or software manufacturer.
15. Jurisdiction and applicable law
(1) Any differences of opinion and disputes on the occasion of this contract shall be governed exclusively by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) The sole place of jurisdiction for orders placed by merchants, legal entities under public law or special funds under public law is the registered office of the supplier.
16. Final Provisions
(1) Contract language is German.
(2) We do not offer products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may use GYMGRIZZLY only with the involvement of a parent or guardian.
(3) If you breach these TOS and we do nothing about it, we will still be entitled to exercise our rights on any other occasion on which you breach these Terms of Sale.
(4) We reserve the right to make changes to our website, rules and regulations, terms and conditions, including these GTC at any time. Your order will be governed by the terms of sale, terms of agreement and terms and conditions in effect at the time you place your order, unless a change to these terms is required by law or governmental regulation (in which case they will also apply to orders you have previously placed). If any provision of these Terms of Sale is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
(5) The invalidity of a provision shall not affect the validity of the other provisions from the contract. If this case should occur, the provision shall be replaced according to its sense and purpose by another legally permissible provision which corresponds to the sense and purpose of the invalid provision.