Terms of service
1. scope of application
The following terms and conditions (GTC) of GALLUS BEAR GmbH apply to all contracts that are concluded via the online shop https://gallusbear.com.
Consumers are natural persons who wish to conclude a legal transaction with GALLUS BEAR GmbH for purposes which could predominantly be attributed neither to their commercial nor to their independent professional activity.
Orders in quantities that are not customary in the household may be rejected without justification.
GALLUS BEAR GmbH reserves the right to change these terms and conditions at any time without prior notice. The version of the GTC published at the time of the order is valid and cannot be changed unilaterally for this order. Any terms and conditions of the customer that conflict with or deviate from these GTC shall not be recognised.
2. conclusion of the purchase contract
(1) The following conditions concerning the conclusion of the contract apply to orders placed via the online shop https://gallusbear.com.
(2) The presentation of the goods in our online shop does not constitute a legally binding offer of contract on our part, but is only a non-binding invitation to the consumer to order articles. By ordering the desired goods, the customer submits a binding offer to conclude a purchase contract.
(3) Upon receipt of an order via the online shop, the following provisions shall apply: The consumer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our online shop.
The order is placed in the following steps:
1) Selection of the desired articles
2) Confirmation by clicking on the button «add to shopping cart»
3) Checking the details in the shopping basket
4) Clicking the button «proceed to checkout»
5) Login (enter e-mail address / password) in the online shop after prior registration in the last purchase. Or by ordering as a guest without registration. This requires the completion of the mandatory fields in the «Shipping information» step.
6) Dispatch of the order by clicking on the button «order subject to payment».
The ordering party can edit and correct the information entered at any time before the binding submission of the order.
The receipt of the order will be confirmed immediately afterwards by an automatically generated e-mail. With this e-mail we accept your offer.
The data from the order will be stored by us. You can view the currently valid General Terms and Conditions online at any time. If you have created an account, you can find your past orders in the password-protected customer area under My account -> My orders.
3. prices, shipping costs, payment, due date
(1) The prices published on the online shop include the statutory VAT for orders from Switzerland. The listed prices, product images and product descriptions are without guarantee (errors excepted). Delivery times and availability may also change at short notice.
(2) The shipping costs for deliveries to Switzerland and Lichtenstein amount to CHF 10.00. From a value of goods of CHF 400.00 the delivery is free of shipping costs.
The shipping costs for deliveries within the EU amount to EUR 49.00. From a goods value of EUR 1'600.00 the delivery is free of shipping costs.
The shipping costs for deliveries to all countries outside the EU amount to EUR 79.00. From a goods value of EUR 1'800.00 the delivery is free of shipping costs.
Customs duties and taxes for deliveries abroad: Please note that customs duties and taxes for import into the destination country are not included in the price or shipping costs and must be paid by the recipient!
(3) The prices published on the online shop at the time of the order shall apply. The payment of the articles is carried out optionally with Paypal, credit card, cryptocurrency, Sofortüberweisung (DE, AT and CH), TWINT (CH), credit card or on account (DE, AT and CH). The processing of the instant transfer and invoice takes place via Klarna. When paying with TRILLON (TRIL), an additional processing fee of 15% will be charged. Delivery will be made after the transfer of Trillant to our bank account.
(4) In the case of purchase on account, the invoiced amount must be paid to the account of our external partner, Klarna AG, specified in the invoice by the due date specified on the invoice form at the latest. The payment method purchase on account does not exist for all offers and requires, among other things, a successful credit check by Klarna AG. If the customer is permitted to purchase on account for certain offers after a credit check, the payment is processed in cooperation with Klarna AG, which takes over the merchant's invoice claim after the conclusion of the purchase contract. Even when purchasing on account via Klarna AG, we remain responsible for general customer enquiries (e.g. about the goods, delivery time, dispatch), returns, complaints, revocation declarations and deliveries or credit notes.
If you do not meet your payment obligation, you will be in default upon expiry of the payment deadline set for you without any further reminder and will have to pay default interest of 8%. Klarna AG is entitled to charge a reminder fee of up to CHF 30.00 per payment reminder as well as other fees, in particular the costs of any debt collection proceedings. Furthermore, Klarna AG may refuse to process the payment terms of purchase contracts in the future, also in relation to other merchants. The General Terms and Conditions of Klarna AG apply.
(5) If, after conclusion of the contract, we discover that we are unable to execute an order for reasons for which we are not responsible (e.g. force majeure, non-delivery despite timely reordering), we shall be entitled to withdraw from the contract. In any case, we will inform you immediately if we are unable to execute an order. In this case, we will of course refund any payments already made.
(6) Returns: The costs for any returns are to be paid in full by the customer.
4. delivery conditions
(1) Delivery is made within Switzerland and Lichtenstein with SwissPost, within the EU and to all other countries with DHL Express.
(2) Unless otherwise stated in the offer, the delivery time is 1-4 working days.
(3) If not all ordered products are in stock, we are entitled to make partial deliveries at our expense, insofar as this is reasonable for you.
(4) Should the delivery of the goods fail through your fault despite several delivery attempts, we can withdraw from the contract. Any payments made will be refunded to you immediately.
(5) If the ordered product is not available because we are not supplied with this product by our suppliers through no fault of our own, we can withdraw from the contract. In this case, we will inform you immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if you do not wish to receive a comparable product, we will immediately reimburse you for any payments already made.
5. retention of title
(1) The articles delivered by us remain the property of GALLUS BEAR GmbH, Bogenstrasse 7, 9000 St.Gallen, Switzerland until payment has been made in full.
(2) If the customer is in arrears with any payment obligations towards us, all existing claims shall become due immediately and further orders shall be withheld until the obligations have been settled.
6. right of revocation
You have the possibility to withdraw from the concluded contract within 14 days without giving further reasons.
The withdrawal period counts from the day of the conclusion of the contract and is 14 days.
In order to make use of the right of withdrawal, a written declaration is required by post or e-mail before the end of the withdrawal period. You must send this declaration to GALLUS BEAR GmbH, Bogenstrasse 7, CH-9000 St.Gallen, Switzerland, hello@gallusbear.com.
7. consequences of cancellation
If you withdraw from this contract, we must repay you all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen 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 repayment 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 or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days.
You will only have to pay for any loss in value of the goods if this loss in 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.
a) The right of withdrawal does not apply to the delivery of goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
b) Please avoid damage and contamination. If possible, please return the goods to us in the original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please provide adequate protection against transport damage with suitable packaging in order to avoid claims for damages due to defective packaging.
c) Please note that the modalities mentioned in paragraph b) are not a prerequisite for the effective exercise of the right of withdrawal.
8. return
Returns can only be made after written confirmation of the submitted revocation decision on our part.
Items can only be returned in unused condition, i.e. without signs of use and in the original packaging. If possible, please fill in the reason for return on the return form and enclose this form with the parcel. Please use the enclosed return label and stick it on the package.
Please address the return to:
GALLUS BEAR GmbH
Bogenstrasse 7
CH-9000 St.Gallen
Switzerland
Please note that articles purchased in the GALLUS BEAR GmbH online shop cannot be exchanged in stationary retail stores. In addition, items purchased in retail stores cannot be exchanged at GALLUS BEAR GmbH.
9. returned articles with signs of use
Significant indications of signs of use include crease marks, odour, stains, detached labels etc. and are clear indications that you have not only inspected the condition, properties and functioning of the goods as in a retail shop, but have also used the goods. In such cases, we reserve the right, within the framework of the right of withdrawal, to demand compensation from you for the loss in value that has occurred in this respect, which we can already deduct from the refund amount. We assume that returned goods will always reach us in perfect resalable condition. Your rights in the event of defects already existing at the time of delivery shall of course remain unaffected.
10. warranty and complaint management
The statutory warranty regulations apply. In case of service enquiries, please contact our customer service.
11. copyright
The copyright of the contents of this webshop or other applications is the sole property of GALLUS BEAR GmbH. The contents may not be used, duplicated or reproduced without the express written permission of GALLUS BEAR GmbH.
12. applicable law and place of jurisdiction
Swiss law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention). The place of jurisdiction for all disputes in connection with the contractual relationship is 9000 St.Gallen, Switzerland.
13. supplier
GALLUS BEAR GmbH
Bogenstrasse 7
CH-9000 St.Gallen
Switzerland
UID: CHE-195.443.230
Commercial register no.: CH-320.4.091.586-0
Customer service by telephone +41 79 728 77 77
Daily from 07:30 - 21:00
By e-mail: hello@gallusbear.com
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Version 1.0, from 06.09.2021