This is a courtesy translation. Only the German version of these terms and conditions is legally binding.
§ 1 Scope
(1) These General Terms and Conditions of Sale (hereinafter: T&Cs) apply to all contracts for goods concluded via our online shop (ziegler.shop) between us, the
company Gregor Ziegler GmbH
Stein 33
95703 Plößberg
Managing Directors: Matthias Ziegler and Gregor Ziegler
Register court Weiden: HRB 1085
Phone: 09636 40329
Fax: 09636 920240
Email: [email protected]
and you as our customer. The T&Cs apply regardless of whether you are a consumer, a business or a merchant.
(2) Goods within the meaning of these T&Cs are all products and services that can be purchased as part of an online order in the Ziegler shop.
(3) The version of the T&Cs valid at the time the contract is concluded applies.
(4) We do not accept deviating terms of the customer. This also applies if we do not expressly object to their inclusion.
§ 2 Conclusion of contract
(1) The presentation and advertising of items in our online shop do not constitute a binding offer to conclude a purchase contract.
(2) By submitting an order via the online shop and clicking the “order with obligation to pay” button, you place a legally binding order. Orders may only be placed by persons of legal age with a delivery address in Germany.
(3) We will confirm receipt of your order placed via our online shop by email without delay. Such an email does not constitute binding acceptance of the order unless, in addition to confirming receipt, it also declares acceptance.
(4) A contract is only concluded when we accept your order by a declaration of acceptance or by delivering the ordered items.
(5) Orders for delivery abroad are not possible.
(6) If delivery of the goods you ordered is not possible, for example because they are out of stock, we will not issue a declaration of acceptance. In this case no contract is concluded. We will inform you of this without delay and refund any payments already received without delay.
(7) Your order data is stored by us in accordance with the statutory provisions.
§ 3 Right of withdrawal
(1) If you are a consumer (i.e. a natural person placing the order for a purpose that can be attributed neither to your commercial nor to your independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.
(2) If you as a consumer exercise your right of withdrawal under clause 1, you shall bear the regular costs of returning the goods.
Withdrawal instructions
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal 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.
To meet the withdrawal deadline, it is sufficient for you to send your notice of exercising the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of 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 receive notice of your withdrawal from this contract. We will use the same means of payment that you used for the original transaction for this refund, unless expressly agreed otherwise with you; in no case will you be charged any fees for this refund. We may refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us without delay and in any event no later than fourteen days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days 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 handling of the goods that was not necessary to check their nature, characteristics and functioning.
Model withdrawal form
If you wish to withdraw from the contract, you can inform us of your decision by means of a clear statement (e.g. a letter sent by post, a fax or an email). You can word the withdrawal yourself or use the model withdrawal form, although this is not mandatory.
To:
Gregor Ziegler GmbH
Stein 33
95703 Plößberg
Phone: 09636 40329
Fax: 09636 920240
Email: [email protected]
I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
Date
* Delete as appropriate.
Unless other delivery times have been agreed, the delivery time is approx. 5 working days after receipt of the purchase price plus shipping costs.
(3) The right of withdrawal does not apply to distance contracts
(a) for the supply of goods made to the customer’s specifications or clearly tailored to personal needs, or which by their nature are not suitable for return, can deteriorate rapidly or whose expiry date would be exceeded, (b) for the supply of audio or video recordings or software, if you have unsealed the delivered data carriers.
§ 4 Delivery terms
(1) We are entitled to make partial deliveries insofar as this is reasonable for you.
(2) The delivery time is approximately five (5) working days unless otherwise agreed. It begins once the purchase price and shipping costs have been paid in full.
§ 5 Prices and shipping costs
(1) All prices in our online shop are gross prices including statutory VAT, plus any shipping costs.
(2) Shipping costs are stated with our prices in our online shop. The price including VAT and any shipping costs is also shown in the order form before you submit your order.
§ 6 Terms of payment
(1) You can pay the purchase price and shipping costs at your choice by bank transfer, by EC/Maestro or credit card, or by PayPal.
(2) Unless otherwise agreed, payment of the purchase price is due immediately upon conclusion of the contract. Your EC/Maestro or credit card or your PayPal account is charged when the order is completed.
§ 7 Retention of title
The goods delivered remain our property until the purchase price has been paid in full.
§ 8 Warranty
(1) We are liable for material defects or defects of title in delivered items in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). The limitation period for statutory warranty claims is two years and begins on delivery of the goods.
(2) Any seller’s guarantees given by us for certain items or manufacturer’s guarantees granted by the manufacturers of certain items apply in addition to claims for material defects or defects of title within the meaning of para. 1. Details of the scope of such guarantees can be found in the guarantee conditions that may accompany the items.
§ 9 Liability
(1) In all cases of contractual and non-contractual liability, we are liable to you for damages or reimbursement of futile expenses in accordance with the statutory provisions in the event of intent and gross negligence.
(2) In other cases – unless otherwise provided in para. 3 – we are only liable for breach of a contractual obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you as a customer may regularly rely (a so-called cardinal obligation), and only for compensation of the foreseeable and typical damage. In all other cases our liability is excluded, subject to para. 3.
(3) Our liability for damage resulting from injury to life, body or health and under the German Product Liability Act remains unaffected by the above limitations and exclusions of liability.
§ 10 Copyright
We hold the copyright to all images, films and texts published in our online shop. Use of the images, films and texts is not permitted without our express consent.
§ 11 Information on the return of packaging
Under Section 15 (1) of the German Packaging Act (VerpackG), as a manufacturer or distributor of transport packaging, sales and outer packaging that typically does not end up as waste with private end consumers after use, sales and outer packaging that is incompatible with the system, sales packaging of goods containing pollutants or reusable packaging, we are obliged to take back used, emptied packaging of the same type, shape and size as the packaging we have placed on the market free of charge.
Packaging does not belong in residual waste but back in the economic cycle. By returning it, you help ensure environmentally sound recovery in accordance with the requirements of the VerpackG and make it easier to meet the recovery requirements.
§ 12 Applicable law/place of jurisdiction/dispute resolution
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The place of jurisdiction, where permissible, is Weiden in der Oberpfalz.
(3) Dispute resolution: The EU Commission has created an online platform for the out-of-court settlement of disputes. The platform serves as a point of contact for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr . We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.