GENERAL TERMS AND CONDITIONS OF BUSINESS
GENERAL TERMS AND CONDITIONS OF BUSINESS OF THE ONLINE SHOP FOR END CUSTOMERS OF ZWEI GMBH
Waldstrasse 15
64331 Weiterstadt
Germany
Tel.: +49(0)6151 - 860 33 - 0
Fax: +49(0)6151 - 860 33 - 29
E-mail: [email protected]
Register court: Darmstadt District Court
Register number: HRB 86589
VAT ID No. DE 258443796
ZWEI GmbH (hereinafter referred to as “Seller”) offers products of the ZWEI brand for purchase through the online shop operated on the website of “zwei-bags.com”. The following General Terms and Conditions of Business (GTC) apply to all contracts concluded via this online shop.
1. GENERAL
1.1 The GTC apply to all business relationships between the Seller and customers who are consumers (§ 13 BGB [German Civil Code]). Customers are consumers who complete their order for purposes which, for the most part, cannot be attributed to either their commercial or their independent professional activity.
1.2 The GTC of the Seller apply exclusively.
1.3 Only individual agreements with the customer shall take precedence over these GTC. Such agreements must be laid down in writing.
1.4 Any terms and conditions of business of the customer that deviate from, conflict with or supplement these GTC will not form part of the contract, unless the Seller expressly agrees to them in writing.
1.5 Unless directly amended or expressly excluded in these GTC, the statutory provisions will apply.
2. CONCLUSION OF CONTRACT
2.1 The offers of the Seller are non-binding invitations to the Customer to order products.
2.2 To place an order, the customer selects products in the online shop and places them in the shopping cart by clicking on the “Buy” button. If the customer is logged in, he can select his payment method in the next step. Otherwise, the customer must log in with his customer data or firstly register in the online shop before he can proceed with his order and select his payment method. At the end of the order summary that is then displayed, the customer makes a binding offer to purchase the products in the shopping cart by clicking the “Order now” button, and thus accepts the validity of these GTC.
2.3 Before submitting the offer, the customer can check the data entered, the selected payment method and the selected products, change them or cancel the purchase by using the technical options provided for this purpose or clicking on the “Back” button in his internet browser. The customer is asked to check his information carefully before submitting his order.
2.4 The Seller can accept this offer within 7 calendar days by sending an order confirmation or by delivering the ordered products. After the expiry of the 7-day period to no avail, the offer will be deemed to be rejected.
2.5 The Seller is entitled to limit the order to a normal household quantity.
2.6 Following the conclusion of the contract, the Seller will send the customer an automatic confirmation by e-mail stating the order number and once again listing the GTC.
2.7 The Seller will not store the text of the contract in a form that is visible for the customer. Therefore, the customer should keep all documents that he receives from the Seller.
2.8 The product images provide an approximate guide only. Deviations in the design and colour compared to the images are acceptable insofar as these lie in the nature of the materials used and/or are customary in the trade. The figures are binding if the Seller designates them accordingly.
2.9 Product improvements made by the Seller can lead to changes in the design and materials of the products. The Seller accordingly reserves the right to make changes insofar as they are reasonable for the customer in consideration of the interests of the Seller. Changes are reasonable if they do not impair the value of the product
and the external appearance of the product differs only marginally from the image.
3. DELIVERY
3.1 Delivery takes place only within Germany and not to packing stations.
3.2 Unless otherwise stated in the offer, the delivery period is approx. 3 working days after receipt of the full payment.
3.3 Specific delivery dates are only binding if the Seller has confirmed them at least in text form.
3.4 The customer must ensure that he has provided the correct and complete delivery address. If any additional costs are incurred for shipping due to incorrect address data – for example costs for a new shipment - these will be borne by the customer.
3.5 If the Seller is unable to comply with a delivery date or is late with delivery for reasons that are beyond its control, it will immediately inform the customer about this and, if necessary, give him a new delivery date. If the ordered product is not available, or not available within the new delivery period, for reasons beyond the control of the Seller, the Seller is entitled to withdraw from the contract. If the Seller withdraws from the contract, it will immediately reimburse the customer for any payment already made.
The Seller is not responsible, in particular
if it has concluded a congruent hedging transaction and has not received supplies itself;
if the delivery cannot be made for reasons of force majeure.
4. PACKAGING AND SHIPPING COSTS
For delivery and packaging costs, we charge a proportionate lump sum of €2.90, incl. 19% VAT regardless of the number and weight of the items.
5. PRICES, PAYMENT TERMS
5.1 All specified prices are final prices, inclusive of statutory VAT of currently 19%. They are specified in euros (€).
5.2 The following payment methods are possible for delivery:
Prepayment (transfer after conclusion of contract)
Paypal
Credit card
5.3 In the event of payment by prepayment, the customer will receive an e-mail with the exact invoice data from the Seller. When transferring the amount, the customer must state his name and the order number in the reference so that the Seller can assign the payment receipt to the right order.
6. CANCELLATION POLICY
6.1 Right of cancellation
You have the right to cancel this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day on which you or a third party named by you that is not the carrier takes or took possession of the goods. To exercise your right of cancellation, you must inform us
ZWEI GmbH, Abt. RETOURE [RETURNS dept.], Waldstrasse 15, 64331 Weiterstadt, Tel.: +49(0)6151 – 860 330, Fax: +49(0)6151 - 860 33 - 29, [email protected]
by means of a clear declaration (e.g. a letter sent by post, fax or email) about your decision to cancel this contract. For this purpose, you can use the sample cancallation form (please click on the link to access the sample cancellation form), although this is not mandatory. To comply with the cancellation period, it is sufficient for you to inform us that you are exercising your cancellation right before the cancellation period expires.
6.2 Consequences of cancellation
If you cancel this contract, we will refund to you all payments that we have received from you, including the delivery costs (with the exception of additional costs incurred by the fact that you have chosen a different type of delivery to the most economical standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we have received notification about your cancellation of this contract. We will make this refund using the same payment method used by you in the original transaction, unless expressly agreed otherwise with you. In no case will you be charged any fees for this refund. We can refuse to make the
refund until we have received the returned goods, or until you have proved that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us (see above) immediately, and in any case within fourteen days of the day on which you informed us about your cancellation of this contract. The deadline is met if you dispatch the goods before
the deadline of fourteen days expires. You will bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to the unnecessary handling of the goods, on your part, to ascertain their quality, nature and operating principle.
End of cancellation policy
7. WARRANTY
7.1 Should the customer find obvious damage to the delivered goods, the recipient will be asked to notify the Seller of the damage in a timely manner. The warranty rights of the customer remain unaffected by this.
7.2 The statutory warranty rights apply for all deliveries.
7.3 Accordingly, in the case of material defects, the customer is firstly entitled to request subsequent delivery or improvement of the product (supplementary performance), at his discretion. The customer must grant the Seller an appropriate deadline for this. Supplementary performance is deemed to be unsuccessful in particular if the Seller has unsuccessfully tried the improvement twice.
7.4 If supplementary performance fails, the appropriate supplementary performance period is exceeded or supplementary performance is refused in accordance with the statutory provisions, the customer has a right to withdraw from the purchase contract or reduction of the purchase price.
7.5 Claims for damages and reimbursement of expenses exist only in accordance with Clause 8.
7.6 If the Seller delivers a new product to the customer by means of supplementary performance, the customer must return the defective product to the Seller at the Seller’s expense within 14 days.
7.7 The Seller is not liable for defects that result from faulty handling, normal wear and tear, or external influences. In the case of repairs to the goods made by the customer or by third parties, without the written consent of the Seller, the customer’s warranty claim will be void.
7.8 The Seller will not accept any warranties for anything that is not named in this clause. In particular, the Seller does not assume any guarantees.
7.9 For claims which arise from your warranty rights, please always contact the distributor from which you have purchased the product.
8. LIABILITY
8.1 In the event of intent and gross negligence – irrespective of legal grounds – the Seller is liable for damages.
8.2 In the case of simple negligence, the Seller is only liable in the event of a breach of a significant contractual obligation, limited to the replacement of the foreseeable, typically occurring damage. A fundamental contractual obligation is an obligation, the fulfilment of which is essential for the purpose pursued with the conclusion of the contract to be reached in the first place, and on the fulfilment of which the customer may normally rely.
8.3 The limitation of liability pursuant to clause 8.2 does not apply to damages arising from injury to life, limb or health. In addition, it does not apply in the case of fraudulent concealment or a guarantee that has exceptionally been given by the Seller for the quality of the product or if the Customer has claims under the Product Liability Act.
8.4 Insofar as the liability of the Seller is excluded or limited, this also applies to the personal liability of its employees, representatives and vicarious agents.
9. DATA PROTECTION
On the topic of data protection, please read the information on the internet page under www.zwei-bags.com/en/datenschutzerklaerung to retrieve the Privacy Statement.
10. COPYRIGHT
All texts, photos, logos, images, graphics and computer applications shown are the intellectual property of the Seller or the respective companies. It is prohibited to commercially copy, reproduce, otherwise make accessible or process the aforementioned elements, in whole or in part, without the prior consent of the rights holders.
11. USE OF THE ONLINE SHOP
The Seller is entitled to exclude the customer from using the online shop and placing additional orders if the latter fails to take ordered goods without a justified reason, does not pay the purchase price due or violates other essential contractual obligations (see Clause 8.2).
12. PACKAGING
According to the packaging regulations, the Seller is obliged to take back the packaging of its products that do not bear the sign of a comprehensive disposal system (such as the “Grünen Punkt” [Green Dot] of Duales System Deutschland AG), and to ensure that they are reused or disposed of.
For such packaging, the customer is asked to contact the Seller to clarify the return, on: (Tel: 06151 - 860 330).
In this case, customers have the possibility to return the packaging to the Seller at this address:
ZWEI GmbH, Waldstrasse 15, 64331 Weiterstadt
13. CONTRACTUAL LANGUAGE/APPLICABLE LAW/VALIDITY OF THE GTC
13.1 The contractual language is German.
13.2 The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on the International Sale of Goods (CISG).
DISPUTE RESOLUTION
We hereby assume our legal obligation to publish the link to the EU dispute resolution platform: http://ec.europa.eu/consumers/.... We are not obligated and not willing to participate in a dispute resolution procedure before a consumer arbitration office.
Status: 01/08/2017