GT&C for private customers

These Griffin General Terms and Conditions are composed of the following sections in this document: 1. Introduction; 2. Conditions of purchase; and 3. Miscellaneous, as well as terms and conditions concerning particular issues in all policies or documents to which a link has been provided in this document.

1. INTRODUCTION

www.griffin.shop(the ‘website’) is owned and/or operated by or on behalf of GRIFFIN 1866 Ltd., Phoenix Business Centre, The Penthouse, Old Railway Track, SVR 9022 Santa Venera, Malta (‘GRIFFIN/we/us’).

If you place an order through this website, a purchase contract will be entered into between you and us, which will be governed by these GRIFFIN General Terms and Conditions and in particular the conditions of purchase specified below.

2. CONDITIONS OF PURCHASE

Please read these conditions of purchase carefully before ordering products online from the GRIFFIN website. Please note that the terms and conditions on pages to which a link has been provided in these conditions of purchase apply in addition to these conditions of purchase.

2.1 WHEN DO THESE CONDITIONS OF PURCHASE APPLY?

These conditions of purchase apply to all offers and contracts relating to the sale and shipping of products by GRIFFIN. In other words, you agree to these conditions of purchase when you (i) order a product from our GRIFFIN website or (ii) from any other website that is directly linked to our website (both referred to as the ‘website’), or if you accept an offer from GRIFFIN. Deviations from these conditions of purchase are only possible if they have been approved in writing by GRIFFIN.

2.2 PRODUCTS

GRIFFIN offers a range of different product types. They may include products that have been created entirely by GRIFFIN, i.e. that have been created and produced completely by GRIFFIN (‘standard products’) – and products that have been designed by GRIFFIN but can be changed or modified by you through your choice of materials or colours (‘custom products’); both types are referred to as ‘products’.

2.3 REQUIREMENTS FOR ENTERING INTO A CONTRACT WITH GRIFFIN

You must be at least 16 years of age to order products from our website.

You may only place orders via our website as a consumer, and not as a reseller.

You certify that all information you have provided in your enquiry or order is true and complete.

2.4 HOW DO WE ENTER INTO A CONTRACT WITH YOU?

2.4.1 Entering into a contract concerning standard products

All information provided on the website solely constitutes an invitation to treat. In other words, this information is neither an offer nor a legally binding contract. You agree that your order is an offer to purchase the products listed in your order.

GRIFFIN is entitled at any time to verify an order in advance and/or to refuse an order without giving reasons and without any liability to you. If GRIFFIN does not confirm your order within ten working days, it will be deemed to have been refused.

All orders you submit are subject to approval by GRIFFIN. We reserve the right to accept your order at our discretion. Examples of situations in which we may not accept your order are:

When products are displayed on the website but are not available,
When we cannot obtain authorisation for your payment,
When shipping restrictions apply to a product,
When products shown on the website contain an obvious error, such as an incorrect price or an otherwise incorrect description.

After you submit your order, we will send you a confirmation email containing your order number and details of the products you have ordered from us, as well as details of any delivery services. Order acceptance and the completion of a contract on the purchase of products between you and Griffin will not take place until:

You receive an email from GRIFFIN confirming the dispatch of standard products from our warehouse or
You receive a dispatch confirmation from a carrier.

GRIFFIN has the right and fully reserves the right to refuse to accept an order if it knows or has reason to suspect that the order was placed through the use of software, robots, web crawlers, spiders or other automated means or devices.

2.4.2 Entering into a contract concerning custom products:

Once you have submitted an order to purchase custom products, we will send you an order confirmation by email. Order acceptance and the completion of a contract on the purchase of custom products between you and GRIFFIN will take place when you receive confirmation of your order from GRIFFIN.

2.5 RETENTION OF TITLE

The delivered products will remain the property of GRIFFIN until all outstanding amounts you owe to us under any agreement have been paid in full to us. This includes the payment of costs from earlier or later deliveries or partial deliveries. You may not sell, dispose of or encumber such products until ownership of them has passed to you.

2.6 QUALITY AND CARE OF PRODUCTS

Any slight colour differences or other product variations may be due to differences in photographs or display technology or may be caused by other technical reasons. GRIFFIN is not liable for such variations and differences.

GRIFFIN will draw your attention to the care instructions on request. GRIFFIN is not liable for damage caused by incorrect handling of products, including failure to follow instructions.

2.7 CANCELLATION OF YOUR ORDER

As we start processing your order as soon as you have submitted it, unfortunately you cannot cancel your order.

2.8 PRICES

The specified prices include statutory VAT. All prices are stated in Euro (EUR) or US dollars (USD). GRIFFIN reserves the right to make changes to prices and products prior to you placing your order.

GRIFFIN reserves the right to change, limit or end any special offers or discounts at any time.

GRIFFIN makes a separate charge for shipping costs. The shipping costs vary depending on the product and type of shipping. You can choose between ‘Express Shipping’ or ‘Standard Shipping’.

For further information on costs, please click here to access the delivery area of our website. Where applicable, the shipping costs will be charged and listed separately and added to your order total.

2.9 PAYMENT METHODS

Please check our website for details of the possible payment methods.

GRIFFIN will carry out an individual credit check in accordance with the GRIFFIN Data Privacy Notice. Depending on the result of the check, GRIFFIN reserves the right to refuse certain payment methods.

2.10 INVOICING

Where we decide, or are required by applicable law, to issue or make accessible an invoice, GRIFFIN reserves the right to issue or make accessible electronic invoices, and you consent to this form of invoicing.

2.12 SHIPPING

GRIFFIN will send your order to the address you have specified anywhere in the world. GRIFFIN can only deliver to residential or office addresses.

Deliveries will be made on business days that are not public holidays in your country or in the region in which our GRIFFIN warehouse is located. Therefore please count any national, regional or local public holidays in your country of residence and in Malta (address of the Griffin warehouse) as public holidays. Please note that public holidays may vary according to the country and year. We recommend you check when public holidays are taking place so that you can estimate the delivery times more accurately.

For detailed information on delivery times, please refer to the specifications for the various shipping types, e.g. ‘Express Shipping’ or ‘Standard Shipping’, by clicking on the delivery section of our website here. Please note that the delivery times are a guide only and should not be viewed as definitive. Failure to deliver within the specified time does not, on its own, give you the right to claim compensation.

Please note that different delivery times apply to custom products. Extra time is required to customise a product. For this reason, if your order contains standard products and custom products, it may take up to three weeks longer for your entire order to be delivered.

GRIFFIN is entitled, where appropriate, to make partial deliveries so that you can receive the products you have ordered as quickly as possible. Additional costs will not be charged for such partial deliveries. However, if you have specifically asked GRIFFIN to deliver your order in separate packages, GRIFFIN may invoice you the additional shipping costs incurred. Each part-order is considered to be a separate purchase contract. If GRIFFIN delivers part of your order late or a partial delivery is incorrect, this does not give you the right to cancel another partial delivery.

In the unlikely event that GRIFFIN cannot deliver the products you have ordered after the purchase contract has been entered into, but is not responsible for this situation itself, GRIFFIN is entitled to cancel the purchase contract. GRIFFIN will notify you of this without delay and refund any and all payments you have already made.

2.13 YOUR STATUTORY RIGHT TO CANCEL THIS CONTRACT

RIGHT TO CANCEL THIS CONTRACT

You have the right to cancel this contract within fourteen (14) days without giving reasons.

The cancellation period is fourteen days starting on the day on which you or a third party appointed by you, who is not the carrier, take(s) possession of the goods or (where your contract is for multiple goods that you have ordered in a single order but are delivered separately) the last goods or (where your contract is for the delivery of one product in multiple partial deliveries or packages) the last partial delivery or the last package.

To exercise your right to cancel the contract, you must notify us (GRIFFIN 1866 Ltd. , Phoenix Business Centre, The Penthouse, Old Railway Track, SVR 9022 Santa Venera, Malta) of your decision to cancel this contract by sending us a clear statement of your intention (e.g. a letter sent by post, a fax or an email). You can use the cancellation template appended to these General Terms and Conditions as Annex 1 but this is not obligatory. If you do use the template, we will send you an email without delay to confirm receipt of your cancellation.

To meet the cancellation deadline, please notify us of your intention to exercise your right to cancel before the cancellation period expires.

Consequences of cancellation:

If you cancel this contract, we will refund you all payments we have received from you, including the delivery costs (with the exception of additional costs incurred as a result of you choosing a delivery method other than the cheapest standard delivery we offered), without delay and at the latest within fourteen (14) days of the day on which we received your cancellation notification. We will refund your payments using the same payment method you used in your original transaction unless otherwise expressly agreed with you; you will not be charged any fees for such refunds under any circumstances. We may withhold your refund until we have received the goods back from you or you have given us evidence that you have returned the goods, whichever is earliest.

We will bear the costs of returning the goods (see 2.15 below).

You must return or hand over the goods to us (GRIFFIN 1866 Ltd., Phoenix Business Centre, The Penthouse, Old Railway Track, SVR 9022 Santa Venera, Malta) without delay and, without exception, within fourteen (14) days of the date on which you notified us that you were cancelling this contract. To meet this deadline, you must send the goods to us before the fourteen-day period expires.

You must only pay for any reduced value of the goods if the reduced value was caused by you handling the goods more than necessary to check the nature, characteristics and functioning of the goods.

Exceptions to your right to cancel

You do not have a statutory right to cancel contracts for:

The delivery of goods that are produced to your specifications or customised to your personal requirements; and/or

The delivery of goods that cannot be returned for health protection or hygiene reasons where the seal has been removed after delivery.

– End of the cancellation policy –

You can (but are not obliged to) use one of the following options in order to exercise your right to cancel:

Fill in the cancellation form in Annex 1 to these General Terms and Conditions (or write a clear statement without using the form), enclose it with the package in which you are returning the products (relating to the contract you wish to cancel) to us, and send the package to us in accordance with the return policy in section 2.15.
Fill in the customer service form www.griffin.shop/Widerruf. To ensure we can process your cancellation, please state (1) your first name(s) and (2) your last name, (3) select the ‘Order & Delivery’ category, (4) write ‘Cancellation’ in the subject line and (5) attach a scan of the cancellation form you have filled in (see Annex 1 to these General Terms and Conditions), AND/OR in the ‘Question’ field, enter a clear statement that you want to cancel your contract, for example by writing ‘I/we* hereby cancel my/our* contract on the purchase of the following goods: [<<To ensure we can process your cancellation, please indicate the following: (I) the goods in question, (ii) the order number, (iii) the order date, (iv) your customer number and (v) when you received the goods<<]’. If you use this option, we will send you an email without delay to confirm receipt of your cancellation.
Fill in the cancellation form in Annex 1 to these General Terms and Conditions (or write a clear statement without using the form) and send it to us by post to GRIFFIN 1866 Ltd., Phoenix Business Centre, The Penthouse, Old Railway Track, SVR 9022 Santa Venera, Malta.

2.14 OUR VOLUNTARY RETURN GUARANTEE IN ADDITION TO YOUR STATUTORY RIGHT TO CANCEL

GRIFFIN grants you the following voluntary return guarantee (‘voluntary return guarantee’):

This voluntary return guarantee applies without prejudice to your statutory rights (in particular your statutory right to cancel the contract pursuant to the above provisions and your statutory warranty rights). In other words, GRIFFIN grants you this voluntary return guarantee (in accordance with the following provisions), in addition to your statutory right to cancel the contract, as a contractual right to return the standard products you have ordered. This voluntary return guarantee does not limit your statutory rights in any way.

If you are not completely satisfied with your standard product, you can (in addition to and without prejudice to your statutory right to cancel the contract as described above) cancel the purchase contract. You also have the right to return the standard product as described below, and we will ensure you receive a refund (as described below). Simply follow the instructions given in the following section:

Subject to the provisions of these conditions of purchase, you can return a standard product within thirty (30) days (‘return period’) of the day on which you received it, without giving reasons. To meet this deadline, you must return the standard product to us before the period expires, as described below in the return policy in section 2.15 of these General Terms and Conditions.

If you return a standard product to us after the period expires or the standard product has been handled more than is necessary, is damaged or is not returned in the original packaging, GRIFFIN reserves the right to refuse the return and will not issue a refund in accordance with this voluntary return guarantee. Returns can only be accepted if the original label has not been removed (without prejudice to your statutory rights described above, in particular your warranty rights and right to cancel the contract).

To return a standard product, please follow the instructions on the packing slip (see the return policy in section 2.15 of these conditions of purchase). All returns must be sent using the carrier’s return label or another shipping method that can be traced.

Returns are made at the sender’s risk. If your return does not meet the requirements stated in section 2.15, you must bear the costs and risk of the return. Standard products must be unused, complete and in their original packaging, where reasonably possible, and must be returned to:

GRIFFIN 1866 Ltd.

Phoenix Business Centre

The Penthouse

Old Railway Track

SVR 9022 Santa Venera

Malta

If a standard product is returned properly in compliance with these conditions of purchase, GRIFFIN will refund you the purchase price and (if an entire order has been returned) the shipping costs you paid GRIFFIN within fourteen (14) days of receiving the returned standard product.

The transport time for your return is beyond our control, even if we process your return quickly as soon as we receive it. Therefore, please allow at least fourteen (14) days for us to receive and process your return. GRIFFIN will usually refund the purchase price within two (2) days of processing your return, but it may take longer for your bank or other service provider to process the credit and transfer it to your account. We will send you an email as soon as we have received and processed the standard product(s) you have returned. We will refund the full value of the standard product(s). We will use the same payment method for the refund as was used for the purchase.

Please note that special provisions apply to custom products as they have been designed especially for you. That means that we cannot accept returns under this voluntary return guarantee (without prejudice to your statutory rights), except in cases of manufacturing defects. If you have any questions about returning custom products that have been purchased online from our website, please email us at service@griffin1866.com

2.17 EXCHANGE POLICY

GRIFFIN does not exchange products directly. If you wish to exchange a product, please return it to us and place a new order. To receive a refund for a returned product, you must return the product as specified in our return policy.

The goods must not be

used or partially used
damaged or altered in any way

To rule out any doubts, the best option is to return the product in its unopened, intact original packaging. If a product is not returned in its original packaging, we reserve the right to refuse the return.

2.18 DAMAGED OR DEFECTIVE PRODUCTS

Quality is GRIFFIN’s top priority.

All our products are carefully tested in real-life conditions to ensure they are fit for purpose. Damaged or defective goods are a rare exception. Please also note that GRIFFIN is legally required to guarantee that our products comply with the purchase contract.

Returned products will be inspected by GRIFFIN’s quality assurance department. If the defect is due to a production fault or non-compliance with product specifications, we will refund the purchase price. We undertake to refund the purchase price of all defective products.

If the problem was caused by circumstances that are unrelated to a material defect or production fault, we will return the original product to you. We will not issue refunds for products that:

come from a source other than our website
have been damaged due to incorrect handling or negligence (e.g. from contact with chemicals, corrosive substances, open flames, extreme heat or pointed/sharp objects)
have been damaged by improper use (e.g. use of silver products for water sports).

Please note that the expected useful life of every GRIFFIN product may vary depending on the user in question, the usage conditions and the individual wear patterns of each user. If our products have been damaged by normal wear and tear or the standard useful life of a product has been exceeded, the product(s) cannot be exchanged.

Our customer service team will be glad to assist you. You can contact us at any time if you have questions or comments. Call us on +49 (0)7422 4494 or email us at service@griffin.de.

You can also write to us at the following address about the conclusion or performance of your purchase contract:

GRIFFIN 1866 Ltd.

Phoenix Business Centre

The Penthouse

Old Railway Track

SVR 9022 Santa Venera

Malta

3. MISCELLANEOUS

3.1 PRIORITY

In the event of any contradictions between the GRIFFIN General Terms and Conditions and any content in other parts of the website or in links, the GRIFFIN General Terms and Conditions as set out in this document will have priority in all cases.

3.2 CHANGES TO THE GRIFFIN GENERAL TERMS AND CONDITIONS

We reserve the right to make changes to these General Terms and Conditions at any time.

Use of this website and any purchase contract entered into between you and us are subject to the version of the GRIFFIN General Terms and Conditions that is in force when you submit your order via the website or on the day on which you visit the website.

Please regularly check the GRIFFIN General Terms and Conditions for any changes. The latest version is indicated by the ‘last update’ date which is specified at the end of the page.

3.3 DATA PROTECTION

GRIFFIN fully respects the privacy of individuals who access and use the website. Please refer to our Data Privacy Notice and our cookie policy, which form part of these GRIFFIN General Terms and Conditions, for details of how we use cookies, the type of information we collect, how and for what purpose we use your data and under what circumstances we pass on information to third parties.

By creating a global GRIFFIN account or by submitting an order, you agree and accept that we can collect, use, store and process your personal data in accordance with our Data Privacy Notice.

3.4 SEVERABILITY

Every individual provision of the GRIFFIN General Terms and Conditions should be interpreted separately and independently of the other provisions. If a provision is considered to be invalid, ineffective or otherwise unenforceable, this will not affect the enforceability of the other provisions of these General Terms and Conditions.

3.5 SUBCONTRACTING AND ASSIGNMENT

GRIFFIN reserves the right to subcontract, assign, transfer or novate all or part of our rights and obligations under the GRIFFIN General Terms and Conditions. You do not have the right to subcontract, assign or otherwise transfer your rights or obligations under the GRIFFIN General Terms and Conditions without our written permission.

3.6 EVENTS BEYOND OUR CONTROL

GRIFFIN cannot be held liable for any delay or non-compliance with our obligations under the GRIFFIN General Terms and Conditions if the delay or non-compliance is due to a circumstance beyond GRIFFIN’s control.

3.7 APPLICABLE LAW AND JURISDICTION

Maltese Law applies to the GRIFFIN General Terms and Conditions.

German law applies to the purchase contract, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

You and GRIFFIN hereby submit to the non-exclusive jurisdiction of the district court Malta.

ANNEX 1 to these General Terms and Conditions

Sample cancellation form

GRIFFIN 1866 Ltd.

Phoenix Business Centre

The Penthouse

Old Railway Track

SVR 9022 Santa Venera

Malta

I/we* hereby cancel the contract I/we* have entered into on the purchase of the following goods*/provision of the following service* (please give details):

______________________________________________________________

Ordered on*/received on*:

______________________________________________________________

Name of consumer(s)/customer and order number(s):

______________________________________________________________

Address of consumer(s):

______________________________________________________________

Date/signature of consumer(s) (hard copies only)

______________________________________________________________

(*) Delete as appropriate.