Conditions

General terms and conditions of business

1. Scope and Provider

1.1 These general terms and conditions apply to all orders you place with the online shop

Green Grizzly Ltd.

Drontheimer Street 34A
13359 Berlin
t +49 30 403 668 200

Registered office of the company: Berlin
Registration court: Berlin-Charlottenburg District Court, HRB 178921 B
Represented by Alexander Carsten, Casimir von Carmer, Alexander Stahr

to make.
1.2 The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18.
1.3 Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The general terms and conditions also apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of a customer's general terms and conditions that contradict our general terms and conditions is already objected to.
1.4 The contractual language is exclusively German.
1.5 You can access and print the currently valid General Terms and Conditions on the website.

2. Offers and service descriptions

2.1. The presentation of the products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Service descriptions in catalogs or on the seller's websites do not have the character of an assurance or guarantee.
2.2. All offers are valid “while stocks last”, unless otherwise stated for the products. Otherwise, errors remain.

3. Ordering process and conclusion of contract

3.1 The presentation of goods in the online shop does not constitute a binding application to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
3.2 By clicking the “Buy” button in the final step of the ordering process, you are making a binding purchase offer (§ 145 BGB).
3.3 After receipt of the purchase offer, you will receive an automatically generated email with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute acceptance of your purchase offer. A contract is not concluded through confirmation of receipt.
3.4 A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer or when we send the goods to you - without a prior express declaration of acceptance.
3.5 Orders are only possible in normal household quantities.
3.6. The language available for concluding the contract is German.

 

4. Prices and Shipping Costs

4.1. All prices stated on the seller's website include the applicable statutory sales tax.
4.2. In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and during the ordering process.

5. Delivery and shipping conditions

5.1 Unless otherwise agreed, the goods will be delivered from our warehouse or from the warehouse of a commissioned shipping partner to the address you provided when processing the transaction. Shipping is usually carried out using the transport companies DPD or DHL. The general terms and conditions of the transport companies apply.
5.2 Frozen and fresh deliveries are only possible within Germany. The German islands are excluded from this. Delivery of dry products is possible throughout Germany.
5.3 If not all of the products ordered are in stock, we are entitled to make partial deliveries if this is reasonable for you. Any deadlines only begin with receipt of the last partial delivery.
5.4 If the delivery of perishable goods is the subject of this contract, the following applies. The customer ensures that perishable goods are accepted on the agreed delivery date by taking appropriate precautions, e.g. by accepting the goods themselves and appointing a person to accept them at the specified delivery address.
5.5 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer will bear the costs (including damage to the goods due to spoilage) for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of withdrawal or if he is not responsible for the circumstances that led to the impossibility of delivery.
5.6 Delivery of ordered goods is subject to the availability of the goods. If it is not available at the time of ordering, the customer will receive a notification about the expected delivery date and we will reserve the order. As soon as the goods are in stock, they will be shipped to the customer without any further notification to the customer. In the event of unavailability, the customer will be informed by us and payments already made will then be refunded immediately.
5.7 The delivery of frozen products is carried out to ensure the quality of the Green Grizzly products by Green Grizzly or the transport partner using special transport packaging (dry ice insert). Delivery takes place between 8 a.m. and 6 p.m. on the day of delivery. It is part of the contract that the customer ensures readiness for acceptance on this day personally or through authorized adult persons. To ensure accessibility, it is mandatory to provide a personal telephone number and an email address when placing the order.
5.8 It is essential for the customer to comply with the danger warnings posted outside and inside regarding the handling of dry ice in order to avoid accidents. Children should avoid handling or touching dry ice (risk of injury).
5.9 For the purpose of tracking the status of the delivery, the customer will receive a link with the associated package number for tracking the shipment status to the previously specified email address.

All frozen and fresh orders received via the Green Grizzly GmbH online shop by 6 p.m. on Monday will be shipped on Tuesday and are usually delivered on Wednesday. All frozen and fresh orders placed on Tuesday 6pm will be dispatched on Wednesday and will usually be delivered on Thursday. Later orders will be shipped on Tuesday of the following week.

6. Payment Terms

6.1. The customer can choose from the available payment methods as part of and before completing the ordering process. Customers are informed about the payment methods available on a separate information page.
6.2. The available payment methods are credit card, PayPal, ShopPay, GooglePay and ApplePay.
6.3. If third-party providers are commissioned to process payments, e.g. PayPal, their general terms and conditions apply.
6.4. 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, the customer must pay the statutory default interest.
6.5. The customer's obligation to pay default interest does not preclude the seller from claiming further damages due to default.
6.6. The customer only has the right to offset if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.

7. Retention of title 

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

8. Warranty for material defects and guarantee

8.1. The warranty is determined by legal regulations.
8.2. A guarantee only exists for the goods delivered by the seller if this has been expressly provided. Customers will be informed about the warranty conditions before initiating the ordering process.

9. Transport damages

9.1 If goods are delivered with obvious transport damage, please complain about such errors immediately to the delivery person and please contact us as quickly as possible.
9.2 Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance company.

10. Warranty/Claims for Defects

10.1 The customer must inspect the goods to an appropriate extent immediately upon receipt and report obvious defects immediately after they are discovered. The decisive factor for meeting the deadline is the receipt of the information by us. If the order involves frozen goods, they must be stored and handled properly at at least minus 18 degrees Celsius until they are checked. Returns can only be made with our consent.
10.2 If complaints are timely and justified, the customer can demand supplementary performance. We are entitled to refuse supplementary performance in accordance with the statutory provisions. The refusal of supplementary performance, its failure or its unreasonableness for the customer entitles the customer to withdraw or reduce the price. To the extent that withdrawal is not excluded by law, the customer is only entitled to withdraw from the contract or reduce the purchase price after a reasonable deadline set by him for subsequent performance has expired without success, unless setting a deadline is unnecessary due to legal regulations. In the event of withdrawal, the customer is liable for deterioration, loss and loss of use not only within the scope of normal care, but also for any negligent and intentional fault.
10.3 If we are not the manufacturer of the goods delivered, claims for defects can only be made against us to the extent that we can assert recourse claims against the upstream supplier.
10.4 We assume no responsibility for public statements and advertising statements regarding our products that were not initiated directly by us.
10.5 Otherwise, the statutory provisions apply to the warranty.
10.6 If you are an entrepreneur within the meaning of Section 14 BGB, the statutory provisions apply with the following modifications:

Only our own information and the manufacturer's product description are binding regarding the quality of the goods, but not public praise and statements and other advertising by the manufacturer.

You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to report any obvious defects to us within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later upon discovery. If the obligation to inspect and give notice of defects is violated, the assertion of warranty claims is excluded.

In the event of defects, we will, at our discretion, provide a guarantee through repair or replacement delivery (supplementary performance). In the event of repair, we do not have to bear the increased costs that arise from moving the goods to a location other than the place of performance if the delivery does not correspond to the intended use of the goods.

If supplementary performance fails twice, you can choose to demand a reduction or withdraw from the contract.

The warranty period is one year from delivery of the goods.

11. Liability

11.1. As part of the transfer of risk when ordering frozen goods, the customer must ensure that the frozen food chain is maintained at a temperature of at least minus 18 degrees Celsius during storage within the specified shelf life.
11.2. The following exclusions and limitations of liability apply to the seller's liability for damages, without prejudice to the other legal requirements for claims.
11.3. The seller is liable without limitation if the cause of the damage is due to intent or gross negligence.
11.4. Furthermore, the seller is liable for the slightly negligent violation of essential obligations, the violation of which jeopardizes the achievement of the purpose of the contract, or for the violation of obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for foreseeable, contract-typical damage. The seller is not liable for the slightly negligent violation of obligations other than those mentioned in the previous sentences.
11.5. The above limitations of liability do not apply in the event of injury to life, body or health, for a defect after a guarantee has been given for the quality of the product and for defects that are fraudulently concealed. Liability under the Product Liability Act remains unaffected.
11.6. To the extent that the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

12. Storage of the contract text

12.1. The customer can print out the contract text before submitting the order to the seller by using the print function of their browser in the last step of the order.
12.2. The seller also sends the customer an order confirmation with all order details to the email address he provided. With the order confirmation, the customer also receives a copy of the general terms and conditions along with cancellation instructions and information on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view the orders you have placed in your profile area. In addition, we store the text of the contract, but do not make it accessible on the Internet.

13. Information on Data Processing

Green Grizzly GmbH collects customer data as part of the processing of contracts. In doing so, it particularly observes the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, Green Grizzly GmbH will only collect, process or use the customer's inventory and usage data to the extent that this is necessary for the processing of the contractual relationship and for the use and billing of telemedia. The deletion then takes place.

14. Final Provisions

14.1 Should one or more provisions of these General Terms and Conditions be or become ineffective, this will not affect the effectiveness of the remaining provisions.
14.2 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
14.3 If you are a merchant, a legal entity under public law or a special fund under public law, the sole place of jurisdiction for all disputes arising from or in connection with contracts between us and you is the seller's place of business.
14.4. European Commission platform for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to take part in a dispute resolution procedure before a consumer arbitration board.
14.5 Place of fulfillment for all payments is Berlin. In relation to merchants, the exclusive place of jurisdiction is Berlin. Furthermore, this applies to claims that are asserted against a customer who, after conclusion of the contract, moves his or her place of residence or habitual residence outside the scope of the ZPO or whose residence or habitual abode is not known at the time our claims are asserted in court.

Right of withdrawal
In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. you make the purchase for purposes that cannot primarily be attributed to your commercial or independent professional activity, you have a right of withdrawal in accordance with the following provisions.

Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen 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 contact Green Grizzly GmbH,

Drontheimer Straße 34a, 13359 Berlin (e-mail: info(at)wholey.de) by means of a clear statement (e.g. a letter sent by post, or e-mail) about your decision to revoke this contract. You can use the attached sample cancellation form, although this is not mandatory. In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

Consequences of revocation
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract.

For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.

You bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.

Sample cancellation form
If you want to cancel the contract, please fill out this form and send it back.
An:
Green Grizzly Ltd.

Drontheimer Straße 34a //
13359 Berlin
I hereby revoke the contract I concluded for the purchase of the following goods (name of the goods, order number, price):
______________________________________­­­­­­­­­­___________________________________
Ordered on: ______________________________________
Received on: ______________________________________
Name: ______________________________________
Address: ______________________________________

Signature: Date:
______________________________________ _______________

(1) The right of withdrawal does not apply to the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer, or to the delivery of goods that spoil quickly or whose expiry date would be quickly exceeded, when delivering sealed goods that are not suitable for return for reasons of health protection or hygiene, when their seal has been removed after delivery, when delivering goods when they are returned after delivery due to their nature were inseparably mixed with other goods or when delivering alcoholic beverages, the price of which was agreed upon when the contract was concluded, but which can be delivered no earlier than 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence.
(2) Please avoid damage and contamination. If possible, please send the goods back to us in the original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure adequate protection against transport damage with suitable packaging in order to avoid claims for damages due to damage caused by inadequate packaging.
(3) Before returning, please write to us by email: info@wholey.de to announce the return. In this way, you enable us to assign the products as quickly as possible.
(4) Please note that the modalities mentioned in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of the right of withdrawal.

12. Data Protection Officer

If you have any questions or concerns about data protection, please contact: info@wholey.de