Consumer revocation instruction
Right of revocation
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.
In order to exercise your right of revocation, you must inform us Zwiesel Kristallglas AG, Dr. Schottsr. 35, 94227 Zwiesel, telephone: +49992298149, eMail: [email protected] by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract.
You may use the enclosed model revocation form for this purpose, which is, however, not mandatory.
To comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your revocation from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The time limit shall be deemed to have been observed if you send off the goods before the expiry of the fourteen-day period.
Goods that can be sent by parcel post
You shall bear the direct costs for the return of the goods and, in the case of return shipment from non-EU countries, any additional fees that may be incurred (e.g. customs duties and taxes).
ou only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
If you purchase digital content from us, you will be informed of the expiry of the right of revocation during the ordering process. By clicking on the corresponding checkbox, you expressly agree that the execution of the contract will begin before the expiry of the revocation period and confirm your knowledge that the right of revocation expires with the beginning of the execution of the contract.
If you wish to cancel the contract, please complete and return this form.
Zwiesel Kristallglas AG
E-mail: [email protected]
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if notice is given on paper):
* please delete where inapplicable
This revocation instruction was created by www.gepruefter-webshop.de and is regularly checked for legal security. In the event of a warning, Geprüfter Webshop assumes full liability for the legal texts created.
The following regulates the contractual terms and conditions within the scope of purchase contracts concluded via this online shop between Zwiesel Kristallglas AG, Dr. Schottsr. 35, 94227 Zwiesel - hereinafter "Seller" - and the respective Buyer - hereinafter "Customer".
§ 1 Scope of application, definitions
1. The following General Terms and Conditions in the version valid at the time of the order shall apply to the business relationship between the webshop seller (hereinafter "Seller") and the customer (hereinafter "Customer"). Deviating terms and conditions of the Customer shall not be recognised unless the Seller expressly agrees to their applicability.
2. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity, § 13 BGB. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity, § 14 BGB.
§ 2 Conclusion of contract
1. The presentation of the products in the online shop does not constitute a legally binding offer, but only an invitation to submit an offer by the customer.
The customer can select products from the seller's range and collect them in a so-called shopping basket by clicking on the button relating to the shopping basket. By clicking the button required for the conclusion of the purchase contract, the customer submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. At any time before placing a binding order, the customer can return to the page on which his data was entered by pressing the "Back" button in the browser. Input errors can be corrected here. The order process can be cancelled by closing the internet browser. However, the application can only be submitted and transmitted if the customer has accepted these contractual conditions and thereby included them in his application.
2. the confirmation of receipt of the customer's order shall be made together with the acceptance of the order immediately after it has been sent by an automated e-mail. With this e-mail confirmation, the purchase contract is concluded.
If the customer has chosen a payment method with immediate payment (such as PayPal / Paypal Plus / PayPal Express, Amazon Payments, Sofortüberweisung), the contract is concluded at the time the customer confirms the payment instruction. If the customer has chosen the payment method prepayment, the contract is already concluded when the customer receives a payment request with the corresponding bank details before the seller's declaration of acceptance. With this request for payment, we accept your offer.
3. With the e-mail (confirmation of receipt and acceptance of the order) or in a separate e-mail, but at the latest upon delivery of the goods, the text of the contract will be sent to the customer on a permanent data carrier (e-mail or paper printout). The text of the contract shall be stored in compliance with data protection laws.
The current GTC of the seller can also be viewed by the customer at any time at https://www.zwiesel-glas.com/agb. Past orders can be viewed in the customer area under My Account - Orders.
§ 3 Production of goods according to customer specifications
§ 3 omitted
§ 4 Start of delivery period, delivery
1. The delivery period shall commence on the day after the payment order is issued to the remitting bank in the case of payment in advance or on the day after the conclusion of the contract in the case of other payment methods and shall end with the expiry of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a public holiday recognised by the state at the place of delivery, the next working day shall take the place of such a day.
2. Delivery shall be made to the delivery address specified by the customer or, in the case of payment by means of a payment service provider such as PayPal, to the delivery address specified by the payment service provider.
3. if delivery to the customer was not possible and the transport company returns the ordered goods to the seller, the customer shall bear the costs for the unsuccessful shipment. This shall not apply if the customer has effectively exercised his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable prior notice.
§ 5 Retention of title
The goods delivered shall remain the property of the Seller until payment has been made in full.
§ 6 Prices and shipping costs
1. The prices stated on the Seller's website are inclusive of the applicable statutory value added tax.
2. Any shipping and delivery costs incurred shall be shown during the ordering process and shall be borne by the customer unless otherwise stated.
3. the goods are dispatched by a transport company commissioned by the seller. The shipping risk is borne by the seller if the customer is a consumer.
§ 7 Payment modalities
1. During the ordering process, the customer is shown the available payment options. These may be payment options such as prepayment, credit card or the use of payment service providers such as PayPal, Klarna or Amazon Pay. During the ordering process, the customer receives further information. The seller may determine the available payment options at his own discretion. 2.
2. payment of the purchase price is due immediately after conclusion of the contract if no later due date has been agreed between the parties. If the due date for payment is determined by the calendar, the customer shall already be in default by missing the date, provided that the customer has been specifically informed of this legal consequence in the invoice or payment schedule. In this case, the customer, who is a consumer, shall pay interest on arrears to the seller in the amount of 5 percentage points above the respective base interest rate.
3. the customer's obligation to pay interest on arrears does not preclude the seller from claiming further damage caused by arrears.
4. promotional vouchers are issued free of charge and have only a limited period of validity. The customer can see this on the respective voucher. The voucher can only be redeemed in the Seller's online shop during this period and only for the products included in the promotion. No cash payment will be made. Only one promotional voucher can be redeemed per order. The voucher code must be entered in the appropriate fields before completing the order. The voucher cannot be redeemed at a later date. The voucher is not personal and therefore transferable.
§ 8 Warranty for material defects, guarantee
1. All goods from the Seller's shop are subject to the statutory warranty rights. The Seller shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB (GERMAN CIVIL CODE).
2. The warranty period for newly manufactured goods delivered by the Seller to entrepreneurs shall be 12 months from the transfer of risk. The limitation periods for the seller's recourse according to § 445a BGB remain unaffected.
3. An additional guarantee only exists for the goods delivered by the seller if this was expressly stated in the order confirmation for the respective item. The scope of any warranty can be found in the respective warranty conditions.
§ 9 Liability
1. claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the seller, his legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
2. In the event of a breach of material contractual obligations, the Seller shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the damage claims of the customer are based on injury to life, body or health.
3. The limitations of paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of the seller if claims are asserted directly against them.
4. The provisions of the Product Liability Act shall remain unaffected.
§ 10 Right of revocation
If the customer is a consumer, he has a statutory right of revocation. Further information on the right of revocation can be found in the revocation instructions.
§ 11 Information on data processing
Data protection is particularly important to us. Therefore, you will find our detailed data protection declaration separately on our homepage.
§ 12 Code of Conduct
The seller has submitted to the test criteria of Geprüfter Webshop, which can be viewed on the Internet at https://www.gepruefter-webshop.de/files/6815/2724/8502/Prüfkriterien_Stand_05.2018.pdf
§ 13 Dispute resolution procedure
1. The EU Commission has created an Internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr
The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
§ 14 Final provisions
1. Contracts between the seller and the customers shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of orders placed by consumers from abroad, mandatory regulations or the protection granted by judicial law of the respective country of residence shall remain in force and shall apply accordingly.
2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the supplier is the supplier's registered office.
3. The contractual language is German.
These GTC were created by www.gepruefter-webshop.de and are regularly checked for legal security.
Status: November 2020