General Terms and Conditions for purchases in the online shop julius-zoellner.de

 

§ 1 General, Scope of the Terms and Conditions

1.1 All deliveries and services are provided exclusively on the basis of the following General Terms and Conditions (hereinafter "GTC") in the version valid at the time of the order. Unless expressly agreed in writing, deviating terms and conditions shall not apply.

1.2 The contractual partner is Julius Zöllner GmbH & Co. KG, authorized representative: Ruth Zöllner, Kaullache 4, 96328 Küps-Schmölz, telephone: 09264-8070, fax: 09264-80755, email: info@julius-zoellner.de , VAT ID No. DE 133053972 (hereinafter referred to as "seller" or "we").

1.3 Customers within the meaning of these Terms and Conditions can be both consumers and businesses (hereinafter "Customer" or "you"). Consumers within the meaning of these Terms and Conditions are natural persons who enter into contracts for a purpose that cannot be attributed to their commercial or professional activity. Businesses within the meaning of these Terms and Conditions are natural or legal persons, or partnerships with legal capacity, who, when concluding a contract with the Seller, are acting in the exercise of their commercial or independent professional activity.

 

§ 2 Conclusion of contract, formation of the contract

2.1 You can order from our online shop. By placing your order, you submit a binding offer to us to conclude a contract with you. We can accept this offer by sending you an order confirmation within three days of receiving your order. The contract is concluded upon transmission of this order confirmation.

2.2 When ordering in our online shop, you can view products in more detail by clicking on the product name or product image. You can add the desired item to your shopping cart by clicking the [Add to Cart] button. You can view the contents of your shopping cart at any time without obligation by clicking the [Your Cart] button. You can remove products from your shopping cart by clicking the [X] icon or by changing the number under "Quantity." If you want to purchase the products in your shopping cart, click the [Checkout] button on the "Shopping Cart" page. During the further ordering process, you will set up a customer account and then select your payment method. In the final step, under "Confirmation," you will receive an overview of your order details, where you can review all information and delete or change it under [Correct]. You can also correct input errors by navigating backward in your browser or canceling the ordering process and starting over. To complete your purchase, you must click the [Order now and pay] button. This will send the order to us.

 

§ 3 Storage of the contract text

We save your order and the order data you enter. We will send you an order confirmation by email, followed by an order confirmation with all order details. You also have the option of printing out both the order and the General Terms and Conditions before submitting your order to us. Finally, you can access your orders at any time via your customer account.

 

§ 4 Right of withdrawal for consumers

The following right of withdrawal applies only to consumers in distance selling:

Cancellation policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.

To exercise your right of withdrawal, you must inform us (Julius Zöllner GmbH & Co. KG, Kaullache 4, 96328 Küps-Schmölz, Telephone: 09264-8070, Fax: 09264-80755, Email: service@julius-zoellner.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form for this purpose, but this is not mandatory.

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the cancellation period has expired.

 

Consequences of revocation

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to 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 promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. The shipping costs for returning the goods will be borne by Julius Zöllner GmbH & Co. KG. However, prior agreement with Julius Zöllner is required.

You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

 

§ 5 Sample cancellation form

(If you wish to cancel the contract, please fill out this form and return it.)

To

Julius Zöllner GmbH & Co. KG

Chew 4

96328 Küps-Schmölz

Fax: 09264/807 55

Email: service@julius-zoellner.de

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase

the following goods (*)/the provision of the following service (*)

 

Ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only if notification is made on paper)

Date

(*) Delete as appropriate.

 

§ 6 Prices and shipping costs

All prices include VAT plus shipping costs.

Shipping costs are charged at a flat rate per order.

Here is an overview of the shipping costs:

 § 7 Delivery conditions

7.1 Delivery shall be made within 7 working days. This period begins upon conclusion of the contract. If the end of the period falls on a Saturday, Sunday, or public holiday, the next working day shall apply instead.

 

§ 8 Terms of payment

8.1 Payment is made by credit card, PayPal, or Sofortüberweisung (Klarna).

8.2 For consumers, we retain title to the purchased item until full payment of the invoice amount. If you are an entrepreneur exercising your commercial or independent professional activity, a legal entity under public law, or a special fund under public law, we retain title to the purchased item until all outstanding claims arising from the business relationship with the buyer have been settled. The corresponding security interests are transferable to third parties.

8.3 You are only entitled to a right of set-off if your counterclaims have been legally established or are undisputed or acknowledged by us. Furthermore, you only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.

8.4 If you are a consumer, the purchase price will be subject to interest at a rate of 5% above the base interest rate during the period of default. If you are not a consumer, the interest rate during the period of default will be 8% above the base interest rate. We reserve the right to prove and claim higher damages due to the default.

 

§ 9 Warranty

9.1 If you are a consumer and place an order with us for a purpose that cannot be attributed to your commercial or professional activity, the warranty shall be in accordance with the statutory provisions.

9.2 If you place your order with us as a business, the following applies:

9.2.1 Delivered goods must be inspected by the customer immediately upon delivery, insofar as this is feasible in the ordinary course of business. If a defect is discovered, we must be notified immediately. If the customer fails to do so, the goods shall be deemed approved, unless the defect was not apparent upon inspection. If such a defect becomes apparent later, the notification must be made immediately upon discovery; otherwise, the goods shall be deemed approved even with regard to this defect. Section 377 of the German Commercial Code (HGB) remains unaffected. The customer is not released from his obligation to inspect, even in the event of recourse by the entrepreneur under Section 478 of the German Civil Code (BGB). If, in such cases, the customer does not immediately notify the defect asserted by his customer, the goods shall be deemed approved even with regard to this defect.

9.2.2 If a defect exists, we are entitled to determine the type of subsequent performance, taking into account the nature of the defect and the legitimate interests of the customer. Subsequent performance is deemed to have failed after the third unsuccessful attempt. This clause does not apply in the case of recourse under Section 478 of the German Civil Code (BGB).

9.2.3 In the event of subsequent performance due to defects, we are only obligated to bear the necessary expenses, in particular transport, travel, labor, and material costs, to the extent that these are not increased by the fact that the item was transported to a location other than the customer's registered office or commercial branch to which it was delivered. This clause does not apply in the case of recourse under Section 478 of the German Civil Code (BGB).

9.2.4 The customer's claims for defects, including claims for damages, expire after one year. This does not apply in the case of recourse under Section 478 of the German Civil Code (BGB), nor does it apply in the cases of Sections 438 (1) No. 2 of the BGB and Section 634a (1) No. 2 of the BGB. This also does not apply to claims for damages due to injury to life, body, or health, or due to a grossly negligent or intentional breach of duty by us or our vicarious agents.

 

§ 10 Liability for damages and reimbursement of expenses

10.1 If you are a consumer and place an order with us for a purpose that cannot be attributed to your commercial or professional activity, we shall be liable for damages in accordance with the statutory provisions.

10.2 If you place your order with us as a business, the following applies in the event of our contractual liability for damages in accordance with clauses 10.2 to 10.8:

10.2.1 If the claims are based on an intentional breach of duty by us, our representatives, or our vicarious agents, we shall be liable for damages in accordance with the statutory provisions. If the claims are based on a grossly negligent breach of duty by us or our representatives or vicarious agents, liability is limited to the foreseeable, typically occurring damage.

10.2.2 If we or our representatives or vicarious agents have culpably breached an obligation, the fulfilment of which is essential for the proper execution of the contract, the breach of which jeopardises the achievement of the purpose of the contract and on whose compliance the customer regularly relies - and no case of liability under the statutory provisions exists - liability shall be limited to the foreseeable, typically occurring damage.

10.2.3 Unless otherwise provided in clauses 10.2.1 and 10.2.2, our liability for damages is excluded. The same applies to any recourse claims asserted against us as the supplier pursuant to Section 478 of the German Civil Code (BGB).

10.3 The exclusions and limitations of liability under Section 10.2 also apply to other claims, in particular tort claims or claims for reimbursement of wasted expenses instead of performance.

10.4 The exclusions and limitations of liability under Section 10.2 do not apply to any existing claims under Sections 1 and 4 of the Product Liability Act or for culpable injury to life, body, or health. They also do not apply if we have provided a guarantee for the quality of our goods or a successful performance or a procurement risk and the warranty claim has occurred or the procurement risk has materialized.

10.5 We shall only be liable for the assumption of a procurement risk if we have expressly assumed the procurement risk in writing.

10.6 Unless the limitation of liability pursuant to Section 10.2 applies to claims arising from producer liability pursuant to Section 823 of the German Civil Code (BGB), our liability is limited to the compensation paid by the insurance company. If this compensation is not paid or is not paid in full, we are liable up to the amount of the coverage. This section does not apply in the case of culpable injury to life, body, or health.

10.7 To the extent that our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.

10.8 The above provisions do not involve a reversal of the burden of proof.

 

§ 11 Customer Service

 If you have any questions, complaints, or claims, you can reach us by phone at +49 9264 8070 or email: service@julius-zoellner.de . You can also contact us using our contact form. Customer service is available Monday to Thursday from 7:00 a.m. to 4:30 p.m. and Friday from 7:00 a.m. to 12:15 p.m.

 

§ 12 Legal system, place of jurisdiction

12.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The contract language is German.

12.2 For customers who conclude the contract for a purpose that cannot be attributed to their professional or commercial activity (consumers), this choice of law shall not affect the mandatory provisions of the law of the country in which the customer has his or her habitual residence.

12.3 For all disputes arising from the contractual relationship, if the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be the registered office of our company in Bingen.

 

As of November 9, 2016