General terms and conditions of business

General terms and conditions (hereinafter also "GTC") in the context of purchase contracts that are made via the platform www.stryve.de

between

STRYVE GmbH, Hoheluftchaussee 95, 20253 Hamburg, entered in the commercial register of the district court under HRB 142692, represented by Florian Goecke and Lennart Rieper, VAT identification number: DE307976015

— hereinafter “ provider ” —

and

the customer referred to in § 2 of the contract as a consumer in accordance with § 13 BGB

— hereinafter “ customer ” —

getting closed. However, if the buyer is an entrepreneur in accordance with § 14 BGB, a legal entity under public law or a special fund under public law, our general terms and conditions of sale relating to this group of buyers shall apply exclusively to such buyers.

 

§ 1 Scope, Definitions

(1)
For the business relationship between the web shop provider (hereinafter "Provider") and the customer (hereinafter "Customer"), the following General Terms and Conditions apply exclusively in the version valid at the time of the order. Deviating general terms and conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.

(2)
The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.

 

§ 2 Conclusion of contract

(1)
The product presentations contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.

(2)
The customer can complete the offer by clicking the button in the seller's online shop that completes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, fax, e-mail or post.

(3)
The seller can accept the customer's offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer is decisive, or by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or by asking the customer to pay after placing his order.

If there are several of the aforementioned alternatives, the contract comes into effect. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

(4)
The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer.

(5)
When submitting an offer via the seller's online order form, the text of the contract is saved by the seller and sent to the customer in text form (e.g. email, fax or letter) together with these General Terms and Conditions after the order has been sent. In addition, the text of the contract is archived on the seller's website and can be accessed by the customer free of charge via his password-protected customer account by entering the relevant login data, provided that the customer has created a customer account in the seller's online shop before sending his order.

(6)
Before the binding submission of the order via the seller's online order form, the customer can continuously correct his entries using the usual touch, keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual touch, keyboard and mouse functions.

(7)
Only the German language is available for the conclusion of the contract.

(8th)
The order processing and contact usually takes place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using so-called spam filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.

(9)
If the customer selects "direct debit" or "direct debit" as a payment method during the ordering process, the seller can also accept the customer's offer by debiting the total price from the customer's bank account within five days, whereby the point in time is decisive in this respect , to which the customer's account will be debited. For the rest, paragraph 3 applies accordingly.

 

§ 3 Delivery, availability of goods

(1)
Delivery times specified by us are calculated from the time of our order confirmation, provided the purchase price has been paid in advance (except for purchases on account). If no or no different delivery time is specified for the respective goods in our online shop, it is 7 days.

(2)
If no copies of the product selected by the customer are available at the time of the customer's order, the supplier reserves the right to ship this article at a later date and subject to availability.

(3)
The following delivery restrictions apply: The provider only delivers to customers who have their habitual residence (billing address) in one of the following countries and who can provide a delivery address in the same country: Germany, Austria

(4)
Vouchers are given or sent to the customer as follows (alternatively):

• by email
• via download
• postal

 

§ 4 Retention of title

The delivered goods remain the property of the provider until full payment has been made.

 

§ 5 Prices and shipping costs

(1)
All prices stated on the provider's website include the applicable statutory sales tax.

(2)
The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer unless the customer makes use of his right of withdrawal. From a goods order value of EUR 20, the provider delivers to the customer within Germany free of charge.

(3)
For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

(4)
The goods are shipped by post by a shipping company selected by the provider.

(5)
In the event of a cancellation, the customer must bear the direct costs of the return shipment.

 

§ 6 Payment modalities

(1)
The customer can make the payment by direct debit or credit card. Furthermore, the payment method via the payment service company PayPal (Europe) S.à rl et Cie is available to the customer. If you select the "PayPal" payment method, the payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, which can be viewed at https:// www.paypal.com/de/webapps/mpp/ua/useragreement-full . This presupposes, among other things, that the customer opens a PayPal account or already has such an account.

(2)
The customer can change the payment method stored in his user account at any time.

(3)
The payment of the purchase price is payable immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, he has to pay the provider interest on arrears in the amount of five percentage points above the base interest rate for the year.

(4)
The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the provider.

 

§ 7 Liability for Material Defects, Guarantee

(1)
The provider is liable for material defects according to the applicable statutory provisions, in particular according to §§ 434 ff. BGB.

(2)
There is only an additional guarantee for the goods delivered by the supplier if this was expressly given in the order confirmation for the respective article.

 

§ 8 Liability

(1)
Customer claims for compensation are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2)
In the event of a breach of essential contractual obligations, the provider is only liable for the contract-typical, foreseeable damage if this was caused simply by negligence, unless the customer claims for damages from injury to life, limb or health.

(3)
The restrictions of paragraphs 1 and 2 also apply to the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

(4)
The limitations of liability resulting from paragraphs 1 and 2 do not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the provider and the customer have reached an agreement on the nature of the item. The provisions of the Product Liability Act remain unaffected.

 

§ 9 Redemption of promotional vouchers

(1)
Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only in the specified period.

(2)
Promotional vouchers can only be redeemed by consumers.

(3)
Individual products can be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.

(4)
Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

(5)
Only one promotional voucher can be redeemed per order.

(6)
The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

(7)
If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference

(8th)
The balance of a promotional voucher is neither paid out in cash nor does it earn interest.

(9)
The campaign voucher will not be refunded if the customer returns the goods that were paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.

(10)
The promotional voucher is only intended for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

 

§ 10 cancellation policy

(1)
When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, about which the provider will inform you below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2) and paragraph (3). A model cancellation form can be found in paragraph (4).

 

Right of withdrawal
right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The cancellation period is 14 days from the day on which you or a third party named by you who is not the carrier took possession of the goods.

In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail).
We ask that you do this through our returns center :

https://stryve.returnscenter.com/

To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

 

Consequences of revocation

If you withdraw from this contract, we shall make all payments to you that have been agreed; under no circumstances will you be charged fees for this repayment.

We can refuse the repayment until we have received the goods back.

You must return or hand over the goods to us immediately and in any case no later than 14 days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of seven days has expired.

You bear the direct costs of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

- End of revocation -

Since the towels are hygiene items, they cannot be exchanged or returned.

(2)
The right of withdrawal does not apply to contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal was removed after delivery.

(3)
Furthermore, the right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

(4)
The provider informs about the model cancellation form according to the legal regulation as follows:

Sample withdrawal form
(If you want to revoke the contract, please fill out this form and send it back.)

• to support@stryve.de
• I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*)
• Ordered on (*)/received on (*)
• Name of consumer(s)
• Address of consumer(s)
• Signature of consumer(s) (only if notification is on paper)
• Date

(*) Delete where not applicable

 

§ 11 Final Provisions

(1)
The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN sales law. The legal regulations for restricting the choice of law and the applicability of mandatory regulations, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.

(2)
Dispute resolution: The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a point of contact for the out-of-court settlement of disputes relating to contractual obligations arising from online sales contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr . We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.[KS1]

(3)
The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions, if any, apply. Insofar as this would represent unreasonable hardship for one of the contracting parties, the contract as a whole will become ineffective.

[KS1]
Unless there is a legal obligation to participate (see below), the entrepreneur is not obliged to participate in a dispute resolution procedure. For reasons of transparency, however, the entrepreneur must point out that he will not participate in a dispute settlement procedure.

Companies with ten or more people (the heads are decisive) on 31.12. of the previous year, according to Section 36 VSBG, there is still an obligation to inform

• that the entrepreneur is obliged or willing to participate in a dispute resolution procedure, and
• refer to the responsible consumer arbitration board.

 

The obligations according to §§ 36, 37 VSBG apply from February 1st, 2017.