General Terms and Conditions and Cancelation Policy Instructions of Company ZTEX GmbH
1 General Information
All services performed by Company ZTEX GmbH for the customer shall be rendered exclusively in accordance with the following General Terms and Conditions. Any provisions deviating herefrom shall apply only if ZTEX GmbH and the customer have so agreed.
2 Entering into the Agreement
2.1 The offers made by Company ZTEX GmbH on the Internet shall constitute a non-binding invitation to the customer to place orders for goods via the online shop.
2.2 By ordering the desired goods on the Internet, the customer submits a binding offer for entering into a contract of sale.
2.3 Company ZTEX Gmbh shall be entitled to accept such offer, subject to its discretion, by sending the goods immediately or by confirming the order within eight calendar days. Confirmation of order will be sent by e-mail. ZTEX GmbH states that it reserves, and continues to reserve, the delivery option. If the goods are not available, the customer shall be informed thereof immediately, and any consideration already provided shall be reimbursed immediately. The customer cannot claim damages from ZTEX GmbH for items no longer available for delivery.
2.4 Information on the object to be delivered and performed shall be given to the best of one’s knowledge, but shall be deemed approximative only and, in particular, shall not guarantee specific characteristics. Guaranteed characteristics shall be present only if descriptions of the items are expressly designated as guaranteed characteristics. Prices shall be stated to the best of one's knowledge. In the event of typing, print or calculation errors in the published prices and/or descriptions, Company ZTEK GmbH shall be entitled to withdraw from the contract.
2.5 Company ZTEX GmbH reserves the right to make changes and improvements to its items to the extent that such changes and improvements, in consideration of its interests, are reasonable from the point of view of the customer.
3.1 Items shall be shipped immediately provided that they are available from the warehouse and provided that no contrary agreement has been reached.
3.2 If an item is not available at short notice, ZTEX GmbH shall inform the customer thereof by e-mail immediately, indicating the expected time of shipment, provided that ZTEX GmbH has the customer’s e-mail address on file.
In the event of shipping delays, for example, due to force majeure, traffic disruptions and decrees issued by public authorities, as well as any other events for which we shall not be responsible, no damages can be sought from ZTEX GmbH.
3.3 If the party placing an order fails to accept the goods ordered, ZTEX GmbH shall be entitled to withdraw from the contract following the unsuccessful passing of a grace period. If the buyer is not a consumer under Section 13 BGB [Bürgerliches Gesetzbuch, German Civil Code, herinafter referred to as “BGB”], ZTEX GmbH shall be entitled, at its discretion, to insist on acceptance or to demand 10 percent of the purchase price by way of a flat-rate compensation for damages and expenses, unless the buyer can demonstrate that no damage has been caused or that the damage is not as high as is claimed. In the event of extraordinarily high damage, ZTEX GmbH shall reserve the right to claim compensation therefor.
4 Packaging and Shipping Costs
4.1 Standard shipments within Germany, including packaging, shall be subject to a pro-rated flat rate of net EUR 5.80 (gross EUR 6.90). Depending on the payment method, additional fees may apply (see Section 5).
Prices for standard shipment to other countries are limited to net EUR 12 Actual prices and express shipping rates are listed in the online shop.
5.1 The effective price for the respective shipment shall be such price as is the valid price on the day of the order. Upon shipment of the order to the customer, the purchase price shall become due.
5.2 Payment can be made via the payment service PayPal (e.g., by credit card or direct debit), by cash on delivery (for shipments within Germany) or by prepayment. Deliveries with invoice shall be subject to previous arrangement and shall be available only in connection with written orders. Payments via PayPal shall be subject to additional fees in the amount of 1.5 percent of the value of the goods. Cash-on-delivery shipments shall be subject to COD fees of net EUR 5.00 (gross EUR 5.95) (including forwarding fee).
5.3 Until the goods delivered have been paid in full, they shall remain the property of ZTEX GmbH (retention of title pursuant to Sections 158, 449 BGB). If a payment term of 30 days is exceeded, default on payment shall occur automatically without a need for a reminder, unless the parties have reached an agreement to the contrary. In this event, ZTEX GmbH reserves the right to bill for reminder and processing fees as well as the return shipment of the goods delivered.
7.1 ZTEX GmbH guarantees that the items to be shipped are free of material defects and contain the guaranteed characteristics.
7.2 The customer shall examine the goods upon receipt for completeness and any defects. In the event of identifiable defects, the customer shall inform Company ZTEX GmbH thereof in writing within 14 days of receipt. Non-identifiable defects shall be reported in writing immediately upon their identification. The warranty period shall commence upon receipt of the goods by the buyer and shall remain in effect for 24 months pursuant to statutory provisions. Commercial transactions shall be subject primarily to Section 377 HGB [Handelsgesetzbuch, German Commercial Code].
7.3 If the goods are found to have been damaged during transport, the recipient shall submit a report to the freight carrier (shipper) immediately.
7.4 ZTEX GmbH does not provide any warranty for defects or damage caused by improper or inappropriate use, non-compliance with user instructions, flawed or negligent handling, normal wear and tear or external effects. This shall apply, in particular, to the operation of the goods outside the permitted specifications, damage caused by fire, lightning, explosion, moisture of any kind, wrong or missing programming – unless the buyer can show that these circumstances did not cause the defect in question. The warranty shall be void also if the customer interferes with or makes his own repairs on the goods.
7.5 If the purchased item is shown to be defective under the warranty, the customer, at his own discretion pursuant to Section 439 BGB, may demand that the defect be remedied or that a non-defective item be shipped. If the type of subsequent performance chosen by the customer is possible only with unreasonable costs, ZTEX GmbH may reject it. If the defect cannot be repaired even upon the second attempt, the customer, pursuant to Section 439 BGB, shall be entitled to demand the delivery of a non-defective item or a price reduction or withdraw from the contract. Withdrawal shall be excluded if the defect is minor and insubstantial. Replacement of the item as part of the warranty shall not give rise to new warranty periods; Section 203 BGB shall remain intact.
7.6 The customer shall return the item subject to the complaint to ZTEX GmbH together with the sales receipt and a description of the defect that shall be as precise as possible. If the complaint is unjustified, ZTEX GmbH reserves the right to invoice the customer for the expenses of the testing measures carried out. The amount depends on the expenditure, but will come to at least net EUR 15.00.
8.1 Claims for damages due to defects of the items, particularly due to consequential damage, as well as damage that did not occur directly on the item delivered, shall be excluded. The above exclusion of liability shall not apply to instances where the item lacks an expressly guaranteed characteristic and if such guarantee was designed to rule out the risk of damage. Furthermore, the above exclusion of liability shall not apply in cases of gross or willful negligence, negligent injury to life, limb or body as well as in cases involving claims brought under the ProdHaftG [Gesetz über die Haftung für fehlerhafte Produkte, German Product Liability Act].
8.2 Apart from this, all liability claims exceeding the statutory minimum requirements - regardless of the legal grounds - shall be excluded.
8.3 ZTEX GmbH explains that items offered may be subject to technical and visual changes; that specifications may be subject to change; that typing errors may occur; and that items may be subject to changes in price.
9 Export Restrictions
The sale, resale and disposal of products, as well as any technology or documentation related thereto, shall be subject to the export laws of the Federal Republic of Germany and any other countries. By placing an order, the buyer shall declare his compliance with such laws and regulations and that the goods will not be shipped to countries, direct or indirect, that prohibit or restrict the import of such goods. The buyer shall undertake to obtain all permits necessary for exports and/or imports.
10 Data Protection
ZTEX GmbH shall use the data transmitted by the buyer only for the purpose of processing the orders. All customer data shall be kept strictly confidential. Data may be shared with a third party (e.g., shipping companies) only to the extent that such sharing is absolutely necessary for the processing and handling of the order. ZTEX GmbH shall not accept liability for the security of data during transmissions via the Internet (e.g., due to technical errors on the part of the provider) or for any criminal access to the data of the Internet site by a third party. Access data for the customer login shall be kept strictly confidential by the customer, because ZTEX GmbH does not accept liability for the use of such data.
11 Links on Our Pages
In its decision dated May 12, 1998 – 312 O 85/98 – “Liability for Links”, the Regional Court of Hamburg found that any person who inserts links to external sites shall share liability for the content of such external sites. According to the Regional Court, liability can be avoided only by expressly distancing oneself from such content.
Accordingly, ZTEX GmbH herewith expressly distances itself from all content of all pages to which links on our Internet site refer. This declaration shall apply to all links on our Internet pages.
12 Applicable Law; Validity of the General Terms and Conditions
12.1 By placing an order, the buyer shall recognize and acknowledge the General Terms and Conditions of Company ZTEX GmbH. Should any one provision of these General Terms and Conditions be void, regardless of the grounds, the validity of the remaining provisions shall in no way be affected.
12.2 The place of performance shall be the business domicile in Pulsnitz [Germany].
12.3 The place of jurisdiction shall be Dresden [Germany] or any other legal venue at the discretion of ZTEX GmbH provided that the customer is a merchant pursuant to the Handelsgesetzbuch [German Commercial Code] or a corporate body under public law.
12.4 These General Terms and Conditions shall be subject to the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods [CISG].