General Business Terms
General Business Terms
Contractual terms associated with purchase contracts concluded via this online shop between Zwiesel Kristallglas AG, Dr. Schottstr. 35, D-94227 Zwiesel, Germany - hereinafter "Supplier" - and the respective buyer - hereinafter “Customer”.
§ 1 Scope of Validity, Definitions
1. The following general business terms, in the valid version in effect at the time of placing the order, will exclusively apply to the business relationship between the web shop provider (hereinafter “Supplier”) and the customer (hereinafter “Customer”). No deviating Customer business terms will be recognised unless the Supplier expressly agrees to their applicability.
2. The term consumer refers to natural persons who enter into a legal transaction for purposes which cannot be attributed primarily to their commercial or independent professional activity. In contrast, businesses are natural persons, legal entities or partnerships with legal capacity that enter into a contract in the pursuit of their commercial or independent professional activity.
§ 2 Conclusion of Contract
1. Customers can select products from the Supplier's assortment and place them in a so-called shopping cart via the "Add to shopping cart” button. By clicking the “Order on invoice” button, they issue a binding request to purchase the goods in the shopping cart. Customers can change and view the respective data at any time before submitting the order. Customers can click the “Back” button in their browser to reach the data summary page before placing a binding order. Entry errors can be corrected in this page, and the order process can be cancelled by closing the Internet browser. The request can only be submitted and transmitted if the Customer clicks the button to accept the general business terms, which states “I have read and accept the general business terms.”
2. The Supplier responds by sending the Customer an automatic confirmation of order receipt via e-mail that summarises the Customer’s order, which the Customer can print out with the “Print” function. The automatic confirmation of receipt only documents that the Customer’s order was received by the Supplier and does not constitute an acceptance of the request. The actual contract is concluded when the Supplier issues a declaration of acceptance in a separate e-mail (order confirmation). Exceptions are payment options with immediate effect (e.g. PayPal/PayPal Express/PayPal Plus, Amazon Payments, Postpay, instant bank transfer). If you selected such a payment form with instant payment, the contract takes effect at the time your payment order is confirmed. If you selected the advance payment method, the contract takes effect when you receive a payment request with the corresponding bank information prior to the declaration of acceptance. This payment request constitutes our order acceptance.
3. The Supplier saves the contract text and sends the order data to the Customer by e-mail. Customers can view the Supplier's general business terms at any time by visiting http://www.zwiesel-glas.com/agb. Past orders can be viewed in the Customer section under My Account: Orders.
§ 3 Delivery, Shipping, Payment
In case of payment in advance, the delivery period commences on the day after the payment order was issued to the credit institution or, in the case of other payment methods, on the day after concluding the contract, and ends on the last day of the period. If the last day falls on a Saturday, Sunday or an official public holiday in the country of delivery, the next business day will replace such day.
§ 4 Retention of Title
The delivered goods will remain the property of the Supplier until payment has been received in full.
§ 5 Prices and Shipping Costs
1. The prices stated on the Supplier’s website are final prices plus shipping costs.
2. All prices stated on the Supplier’s website include the applicable statutory turnover tax.
3. The applicable shipping costs are shown in the order form and must be paid by the Customer.
4. The merchandise is shipped via DHL. The Supplier will bear the shipping risk if the Customer is a consumer.
§ 6 Payment Modalities
1. Customers may submit their payment with the following methods: Klarna, credit card or PayPal.
2. The purchase price is due immediately upon concluding the contract. If the due date of the payment is determined based on a calendar date, the Customer will be deemed in arrears when this date is missed. In this case, the Customer must pay the Supplier interest in the amount of 5 percentage points above the base rate.
3. The Customer’s obligation to pay interest on arrears does not preclude further damage claims by the Supplier.
4. Promotional vouchers are issued free of charge for a limited validity term. Customers must refer to the respective voucher for details. Promotional vouchers can only be redeemed in the online shop of the Supplier during the specified period and only for the products included in the promotional campaign. They cannot be redeemed for cash. Only one promotional voucher may be redeemed per order. The voucher code must be entered into the designated fields prior to completing the order. Subsequent settlement of vouchers is not possible. Vouchers are not tied to individuals and are therefore transferable. Promotional vouchers will not be refunded in case of an order cancellation by the Customer.
§ 7 Warranty for Material Defects, Guarantee
1. All products from our shop are subject to legal warranty rights.
2. The Supplier is liable for material defects according to the applicable statutory regulations, in particular Sec. 434 et seq., German Civil Code. Goods delivered by the Supplier to businesses have a 12-month warranty obligation.
3. Goods delivered by the Supplier are only subject to additional warranty if expressly stated the order confirmation for the respective item.
§ 8 Liability
1. All Customer claims for damages are void. This does not include claims for damages on the part of the Customer arising from injuries to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages, which are based on wilful or grossly negligent breaches of duty on the part of the Supplier, its legal representatives or vicarious agents. Cardinal contractual duties are those required for fulfilling the purpose of the contract.
2. In the event of breaching essential contractual obligations, the Supplier can only be held liable for foreseeable, contract-typical damage if such damage was caused negligently, unless it concerns Customer damage claims arising from injury to life, body or health.
3. The restrictions of Sections 1 and 2 above also apply in favour of legal representatives and vicarious agents of the Supplier if claims are asserted directly against them.
4. The provisions of product liability law will remain unaffected.
§ 10 Code of Conduct The Supplier meets the review criteria of Geprüfter Webshop, which can be viewed online at https://www.gepruefter.webshop.de/files/6815/2724/8502/Prfkriterien_Stand_05.2018.pdf
§ 11 Final Provisions
1. Contracts between the Supplier and the Customer are governed by the laws of the federal public of Germany, to the exclusion of the UN Convention on the International Sale of Goods. In case of orders placed by Consumers in other countries, mandatory regulations or the protections granted by the courts in the respective country of residence will remain in force and will apply accordingly.
2. If the customer is a business person, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relations between the Customer and the Supplier will be the business seat of the Supplier.
3. If individual items are legally ineffective, the remaining parts of the contract will stay valid. The ineffective items will be replaced with other statutory provisions as necessary. If this were to constitute an unreasonable hardship for one of the contracting parties, the parties may declare the contract ineffective in its entirety.
4. The contract language is German.
These General Business Terms were generated by www.gepruefter-webshop.de and are regularly reviewed for compliance with the applicable laws. In the event of a warning, Geprüfter Webshop will assume full liability for these legal provisions.
The following payment options are available to pay for your order:
Payment on invoice (Klarna)
You first receive the goods and then pay the invoice. For this payment option, we cooperate with our partner Klarna, a company specialised in purchases on account. With Klarna, you never have to provide account details. You submit your payment once you have received the goods, which makes for secure, quick and convenient shopping. Simply select payment on invoice in our order process for this option.
Payment by credit card
Credit cards are a convenient, simple and secure payment option. We accept Visa and Mastercard. In addition to your credit card company, you need to specify the card number, expiration date and security code of your card. The purchase amount is immediately transferred to our bank account and goods are shipped to you even faster.
Payment by PayPal
PayPal offers secure, simple and quick payment in our online shop. The purchase amount is immediately transferred to our bank account and goods are shipped to you even faster. To pay with PayPal, you need to have a free user account established with PayPal. For more information about PayPal and registering as a user, visit http://www.paypal.com.