Terms and Conditions

Terms of contract

as part of sales contracts concluded via the website http://zimber-shop.org between the Wilhelm Zimber GmbH & Co. KG, Renkenrunsstr. 4, D-79379 Müllheim, telephone: +49 (0) 7631 1010-0, fax: +49 (0) 7631 2242, email: verkauf@zimber.org , represented by the managing director Wilhelm Zimber,

below Salesperson called

and

the customer getting closed.

  • 1 Scope, definitions

(1) The seller offers its customers the opportunity to order goods on the website http://zimber-shop.org. The contractual conditions apply to the business relationship between the seller and the customer in the version valid at the time of the order. Differing conditions from the customer only apply if the seller has expressly agreed to them in writing.

(2) Customers within the meaning of these terms and conditions are both consumers within the meaning of § 13 BGB and entrepreneurs within the meaning of § 14 BGB. The customer is a consumer to the extent that the purpose of the deliveries and services ordered cannot be predominantly attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.

  • 2 Conclusion of contract
  • The descriptions of goods presented in the web shop do not represent a binding contractual offer, but rather merely an invitation to the customer to make an offer to conclude a purchase contract with the seller.
  • The customer can submit a binding contractual offer in the seller's web shop, where he selects products from the seller's range and collects them in a virtual shopping cart using the "add to cart" button. After going through the ordering process, the customer can complete the purchase by pressing the “order with payment” button. In doing so, he submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual conditions by ticking the “Accept Terms and Conditions” box and thereby included them in their application. The customer now has the option of printing out an order overview.
  • After submitting their order, the user receives an automatic order confirmation by email in which the customer's order details are listed again and which the customer can print out using the "Print" function. However, this automatic order confirmation does not constitute acceptance of the contract, but merely documents that the customer's order has been received.
  • The seller can accept the customer's offer within 2 days. Only then is a contract concluded. The deadline begins on the day after the customer submits the offer. The acceptance period ends at the end of the day after next following the submission of the offer. If the last day of the deadline falls on a Sunday or a general public holiday recognized by the seller at the seller's headquarters, such a day will be replaced by the next working day. If the seller does not accept the customer's offer within the specified period, the offer is considered rejected. In this case, the customer is no longer bound to his declaration of intent.
  • Acceptance can be made by the seller
  • sends a declaration of acceptance by separate email (the decisive factor is the receipt of the order confirmation by the customer) or
  • asks the customer to pay after placing his order or
  • the goods shipped
  • If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. If the customer selects PayPal Express as the payment method during the online ordering process, the seller declares acceptance of the customer's offer at the time he initiates the payment process. The payment process is triggered when the customer clicks the “order with payment” button and thus completes the ordering process.

(6) In the order confirmation email or in a separate email, but no later than upon delivery of the goods, the contract text (consisting of the order, general terms and conditions and order confirmation) will be sent to the customer by the seller on a durable medium (email or paper printout) (contract confirmation).

  • 3 Delivery conditions, shipping conditions
  • The seller delivers the goods in accordance with the agreements made with the customer. If the customer selects the PayPal payment method, he or she will be informed that the goods will be delivered to the delivery address stored with PayPal.
  • Any shipping costs incurred are listed in the product description and are shown separately by the seller on the invoice.
  • Further information can be found at http://www.zimber-shop.org/versand-und-paymentconditions.
  • 4 Prices and payment terms
  • All prices stated are reference prices; i.e. they include all price components, including the statutory German VAT.
  • If the delivery is to take place outside the European Union, this may apply. additional costs, such as customs duties. Transfer fees, exchange rate fees, etc. may also apply to transfers from countries outside the European Union. These are to be borne by the customer.
  • The following payment methods are available to the customer for payment: payment by credit card (the seller uses the “SSL” transmission method to encrypt his customers’ personal data), advance payment by bank transfer, direct debit or via the payment service provider PayPal.
  • If the customer chooses the payment methods: payment by credit card, advance payment by bank transfer or direct debit, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
  • When paying by direct debit, the debit is made within one day of the conclusion of the contract and before delivery of the goods. By selecting payment by direct debit, the customer gives the seller a SEPA mandate, which authorizes the seller to collect the invoice amount from the customer's account.
  • If the customer chooses the payment method “PayPal Express”, the payment service provider PayPal takes over the processing of the payment. The terms of use of PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg apply, which can be found at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full can be viewed.
  • If the customer is a consumer, interest must be charged on the purchase price at a rate of 5 percentage points above the base interest rate when late payment occurs. If the customer is an entrepreneur, the interest rate during late payment is 8 percentage points above the base interest rate. The seller reserves the right to prove and claim higher damages caused by the delay.
  • 5 Warranty

(1) For customers who consumer The following applies: If the goods purchased and delivered in the online shop are defective, the customer is entitled, within the scope of the legal provisions, to demand supplementary performance, to withdraw from the contract or to reduce the purchase price. The limitation period for warranty claims for the delivered goods is two years from receipt of the goods. Claims due to defects that the seller has fraudulently concealed become statute-barred within the regular statute of limitations. The customer is also entitled to rights due to defects within the framework of a guarantee of quality and/or durability, provided that the seller has expressly provided one with regard to the item sold in the individual case.

(2) For customers who Entrepreneur The following applies: If the delivered goods are defective, the customer is entitled, within the scope of the legal provisions, to demand subsequent performance in the form of the elimination of the defect or the delivery of a defect-free item. The seller has the right to choose the type of supplementary performance. If subsequent fulfillment fails, the customer is entitled to reduce the purchase price or, if the legal requirements are met, to withdraw from the contract. The prerequisite for any warranty rights is that the customer has all claims in accordance with Section 377 The obligations to investigate and give notice of complaints owed to the German Commercial Code (HGB) have been duly fulfilled. The limitation period for warranty claims for the delivered goods is - except in the case of claims for damages - twelve months from receipt of the goods.

  • 6 Offsetting

Is the customer Entrepreneur The following applies: The customer only has the right to offset if his counterclaims have been legally established or are undisputed or recognized by the seller. The customer is also entitled to set off against the seller's claims if he asserts complaints about defects or counterclaims from the same contract.

  •  7 Limitation of Liability

(1) The seller is liable for intent and gross negligence. Furthermore, he is liable for the negligent violation of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place, the violation of which endangers the achievement of the purpose of the contract and on whose compliance the customer can regularly rely. In the latter case, however, the seller is only liable for foreseeable, contract-typical damage. He is not liable for the slightly negligent violation of obligations other than those mentioned in the previous sentences. The above exclusions of liability do not apply in the event of injury to life, body or health. Liability under the Product Liability Act remains unaffected.

(2) Given the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, the seller is not liable for the constant and uninterrupted availability of its online trading system.

  •  8 Right of withdrawal

If the customer is a consumer, he or she is entitled to a right of withdrawal in accordance with the instructions listed at http://zimber-shop.org/widerrufsrecht.

  • 9 OS platform / alternative dispute resolution

The EU Commission provides a platform on the Internet that is used to settle out-of-court disputes arising from online service or purchase contracts between consumers and entrepreneurs.

The customer can find the EU Commission’s online dispute resolution platform here: http://www.ec.europa.eu/consumers/odr

The seller is neither obliged nor willing to take part in a dispute resolution procedure before a consumer arbitration board.

  • 10 Applicable law, place of jurisdiction

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is a consumer, this choice of law only applies to the extent that it does not deprive the customer of mandatory provisions of the law of the country in which he has his habitual residence.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of performance is Müllheim.

(3) For all disputes arising from the contractual relationship, the place of jurisdiction is Müllheim if the customer is a merchant, a legal entity under public law or a special fund under public law.