Conditions Générales d'Affaires
Sec. 1 Scope
These General Terms and Conditions apply to all orders
that are placed by customers in the online shop of
GRIFFIN 1866 Ltd.
Phoenix Business Centre
MT- SVR9022 Santa Venera
Any deviating agreements are subject to Griffin's express written consent and are applicable without effect on any future dealings.
A consumer is any natural person who concludes a legal transaction for a purpose that is outside the person's commercial or independent professional activity.
Sec. 2 Conclusion of Contract
All offers on the Internet are without obligation and non-binding; they do not represent an offer to conclude a purchase contract. The order of the goods is carried out through the electronic transmission of the completed order form. The confirmation of receipt of the order is sent by automated email immediately after sending the order; it does not represent an acceptance of a contract by Griffin, but only confirms that your order has been received by Griffin. The contract is not concluded until an order confirmation or a pro forma invoice has been sent by email or fax.
In the case a product is not available or cannot be procured by Griffin under reasonable conditions due to force majeure, production difficulties or termination of production, Griffin shall be entitled to withdraw from the contract, provided that these circumstances take place after the conclusion of the contract and Griffin is not responsible for them. Griffin shall immediately inform the customer about any such circumstances and shall refund any payments made by the customer. Any further claims of the customer shall be excluded.
Sec. 3 Prices
The prices stated on the product pages contain applicable maltese VAT and are exclusive of shipping costs.
Deliveries to other countries outside the European Union may be subject to additional taxes, duties and/or costs, which are not included in the prices stated. They shall be borne by you.
Sec. 4 Shipping Costs
The shipping costs are displayed in the summary, in the pro forma invoice and in the order confirmation, after you have decided if you wish standard shipping or express shipping.
In the case of payment on delivery, additional costs of the relevant service provider will incur.
Griffin offers a basic shipping rate to its customers, so that the customers also benefit from our favourable conditions.
Sec. 5 Terms of Delivery
The stated times and dates of delivery are without obligation, unless they are expressly agreed in writing.
Should not all products ordered be in stock, partial deliveries may be carried out by request of the customer. Griffin will not charge a surcharge for such partial deliveries, however, these partial deliveries are considered as individual deliveries.
Should the ordered product not be on stock, because we have not been supplied with this product by our suppliers through no fault of our own, Griffin may withdraw from the contract. In this case, Griffin shall immediately inform the customer and, as the case may be, suggest the delivery of a similar product. If a similar product is not available or the customer does not wish the delivery of a similar product, Griffin shall refund any payments that may already have been made to the customer.
Sec. 6 Terms of Payment
The purchase price becomes due immediately. Payment shall be effected by prepayment, direct debit, cash on delivery, on account, by credit card (Mastercard, Visa or American Express) or through the payment system "PayPal". Griffin reserves the right to exclude certain methods of payment. If a prepayment is made, the delivery of the ordered goods will not be carried out before the total purchase price has been credited to Griffin. If payment is made by credit card, your account will be debited when the goods are shipped. Payment through the payment system "PayPal" is made via the website of PayPal (www.paypal.de). PayPal is a payment service of PayPal (Europe) S.a.r.l. & Cie S.C.A. Customers who wish to pay through PayPal need a customer account with this company.
Any costs incurring as a result of the reversal of a payment transaction due to insufficient funds or incorrect bank data transmitted by you shall only be borne by Griffin if Griffin is responsible for them; otherwise, they shall be borne by the customer.
Upon delay of payment, the customer shall pay default interest on the purchase price in the amount of five percentage points above the base rate during the arrears period. Griffin reserves the right to prove and assert a higher damage due to delay in performance.
The customer only has a right to offset if its counterclaims have been established as final and absolute by a court, if they are undisputed or have been acknowledged in writing by Griffin.
Sec. 7 Retention of Title
The ordered goods remain the property of Griffin until the purchase price is paid in full.
Sec. 8 Return Instructions
Right of Return
You may return the received goods without providing reasons within 14 days by return of the goods. The time limit starts after receipt of these instructions in writing (e. g. in a letter, fax, email), however, not before receipt of the goods by the recipient (for repeat deliveries of similar goods not before receipt of the first partial delivery) and not before our obligations to inform pursuant to Art. 246 Sec. 2 in conjunction with Sec. 1 para. 1 and 2 EGBGB (Introductory Law to the Civil Code) as well as our obligations pursuant to Sec. 312g para. 1 sentence 1 BGB (German Civil Code) in conjunction with Art. 246 Sec. 3 EGBGB have been fulfilled. Only in the case of goods not capable of dispatch by parcel (e. g. bulky goods), you may declare the return by a written request for the return of goods. To comply with the time limit, it is sufficient to dispatch the goods or the request for the return of goods in a timely manner. In any case, the goods are returned at our cost and our risk. The goods to be returned or the request for the return of goods shall be sent to:
In the case of a legitimate return, any goods or services provided by either side are to be returned and compensation is to be made for any benefits derived. In case of a deterioration of the goods and usage (e. g. benefits of use) that cannot be returned in full or in part or only in an impaired condition, the customer is required to render compensation to Griffin for lost value in this respect. You are only required to render compensation for lost value with regard to the deterioration of the item and derived benefits insofar as the usage or deterioration are due to a handling other than what is necessary to ascertain the nature and functioning of the item. "To ascertain the nature and functioning" means testing and trying out the relevant item in a way that would be possible and usual in a retail store. Obligations to refund any payments shall be fulfilled within 30 days. The time limit for the customer starts upon dispatching the goods or the request for the return of goods, the time limit for us starts upon receipt of the same.
If you financed this contract with a loan and exercise your right of return, you will no longer be bound under the loan agreement either if both contracts form an economic unit. This will be assumed to be the case, in particular, if we are also your lender or if your lender relies on our cooperation in respect of the financing. If the loan has already been received by us at the time of your cancellation or the return of the goods, your lender shall succeed to our rights and obligations in relation to you under the financed agreement in respect of the legal consequences of the cancellation or the return of the goods. If you wish to avoid a contractual obligation as much as possible, exercise your right of return and withdraw your declaration of intent in respect of the conclusion of the loan agreement.
End of Return Instructions.
The right of return does not apply to the delivery of goods that have been made to the customer's specification or are clearly tailored to personal needs.
Sec. 9 Warranty
The warranty is governed by the statutory provisions.
Sec. 10 Liability
Griffin's liability in cases of intent or gross negligence on the part of Griffin or any representative or vicarious agent is subject to the legal provisions. Otherwise, Griffin shall only be liable under the Product Liability Act, for death, injury to body or health or for the culpable breach of material contractual obligations. However, the compensation for the breach of material contractual obligations is limited to foreseeable damages that are typical for this type of contract.
Sec. 11 Data Protection
The customer acknowledges and agrees that only personal data that is required for the processing of the order will be stored on data carriers. The customer expressly agrees with the collection, processing and use of personal data within the business activity of Griffin. Griffin will not forward such data to any third parties. This does not apply to suppliers who are involved in the performance of the contract.
The customer may revoke this consent at any time with future effect. In this case, Griffin shall delete the personal data immediately, unless an order transaction has not yet been completed.
Sec. 12 Jurisdiction, Applicable Law
The place of jurisdiction for all disputes arising from and in connection with this contractual relationship for all fully qualified merchants is Malta.
The legal relationships of the contractual parties are exclusively governed by German law.