GENERAL TERMS AND CONDITIONS

Dear Customer,

Now comes the more official part that we cannot ignore. Being a private user of this website in the Federal Republic of Germany the following General Terms and Conditions for the Sale of Goods (AGB in German) apply.

In case you are a commercial user or you are not a resident of Germany, please contact us so we can supply you with the valid General Terms and Conditions for the Sale of Goods that apply to you.

01/ Scope of Application

1.1 These Terms and Conditions of the company ZNEX (hereinafter referred to as ”Seller”) shall apply to all contracts concluded between a consumer or an entrepreneur (hereinafter referred to as ”Client”) and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.

1.2 Consumers in the sense of these GTC are any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

02/ Conclusion of the Contract

2.1 The product descriptions contained in the seller’s online shop do not constitute binding offers on the part of the seller, but serve to provide a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller’s online shop. After placing the selected goods in the virtual shopping basket and having gone through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, e-mail, post or online contact form.

2.3 The seller can accept the customer’s offer within five days,

  • by transferring a written order confirmation or an order conformation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or

  • by delivering ordered goods to the Client; insofar receipt of goods by the customer is decisive, or,

  • by requesting the Client to pay after he placed his order.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the dispatch of the offer by the customer and ends on the expiry of the fifth day following the dispatch of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 When an offer is submitted via the Seller’s online order form, the text of the contract is stored by the Seller and sent to the customer in text form (e.g. e-mail, fax or letter) together with these General Terms and Conditions after his order has been sent. However, the text of the contract can no longer be called up by the customer after an order has been sent via the seller’s website.

2.5 Before placing a binding order via the Seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the zoom function of the browser, with which the display on the screen is enlarged. During the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.

2.6 The English and German languages are available for the conclusion of the contract.

2.7 The order processing and contact are usually carried out by e-mail and automated order Processing. The customer shall ensure that the e-mail address provided by him for the order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, in the use of spam filters, the customer must ensure that all e-mails sent by the seller or by the third party charged with the order processing can be delivered..

03/ Right of Revocation

3.1 Consumers are generally entitled to a right of revocation.

3.2 Further information on the right of revocation can be found in the seller’s revocation instructions.

3.3 The right of withdrawal does not apply to consumers who at the time of conclusion of the contract do not belong to any member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract is outside the European Union.

Cancellation policy advisory

Right of Revocation

You may repeal your contract of purchase within 14 days without having to state reasons.

The allocated cancellation timeframe is 14 days, effective the day that you or an assigned third party, who may not be the carrier/courier, took said commodities into their possession.

To exercise the right to withdraw, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form for this purpose, but it is not obligatory.

ZNEX Deutschland GmbH & Co. KG
Münchhofstr. 12
79106 Freiburg
Germany

Phone: +49 761 1529714

info@znex.de

You can also exercise your right of withdrawal by returning the goods without comment. Provided that deviating circumstances do not arise, returning the goods without comment will be understood as a statement of withdrawal. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Legal Consequences of Revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us at:

ZNEX Deutschland GmbH & Co. KG
Münchhofstr. 12
79106 Freiburg
Germany

The deadline is met if you send back the goods before the period of 14 days has expired. You will bear the cost of returning the goods. You are only required to compensate us for any loss in value if the loss in value can be traced back to unnecessary handling, which goes beyond the admissible proofing of the condition of the item, its characteristics and functionality.

Exclusion or premature expiry of the right of withdrawal:

The right of withdrawal does not apply to consumers who at the time of conclusion of the contract do not belong to any member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

End of Instruction of Cancellation

General information

1) Please avoid damage and contamination of the goods. Please return the goods to us in their original packaging with all accessories and packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure sufficient protection against transport damage with suitable packaging.

2) Please do not send the goods back to us freight collect.

3) Please note that the above paragraphs 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.

04/ Withdrawal form

The following model withdrawal form complies with all statutory information requirements. It is not necessary to state your withdrawal separately, e.g. by using the form below. It is enough to return the goods without comment.

You can download the withdrawal form here. We will also send you a hard copy of the cancellation template as soon as the contract has been concluded. If you wish to cancel the contract, please fill out this form and send it back to us:

ZNEX Deutschland GmbH & Co. KG
Münchhofstr. 12
D-79106 Freiburg
E-Mail: info@znex.de

05/ Prices and terms of payment

5.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include the statutory German value-added tax. If necessary, additional delivery and shipping costs will be stated separately in the respective product description.

5.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.

5.3 The payment option(s) will be communicated to the customer in the online shop of the seller.

5.4 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.

5.5 If payment is made using a payment method offered by PayPal, payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

5.6 If the payment method “SOFORT” is selected, payment is processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter “SOFORT”). In order to be able to pay the invoice amount via “SOFORT”, the customer must have an online banking account with PIN/TAN procedure activated for participation in “SOFORT”, authenticate himself accordingly during the payment transaction and confirm the payment order to “SOFORT”. The payment transaction will be executed immediately thereafter by “SOFORT” and the customer’s bank account will be debited. The customer can call up more detailed information on the “SOFORT” payment method on the Internet at https://www.klarna.com/sofort/.

06/ Shipment and Delivery Conditions

6.1 Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address specified by the customer. The delivery address specified in the seller’s order processing is decisive for the processing of the transaction. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.

6.2 If the shipping company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs for unsuccessful shipment. This does not apply if the customer 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 notified him of the service a reasonable time in advance. Furthermore, this shall not apply with regard to the costs for the consignment if the customer effectively exercises his right of revocation. If the customer exercises his right of revocation effectively, the return costs are subject to the provisions of the seller’s revocation instructions.

6.3 Personal collection is not possible for logistical reasons..

07/ Reservation of Proprietary Rights

In the performance of the seller, he reserves the right of ownership of the delivered goods until full payment of the purchase price owed.

08/ Liability for defects (warranty)

8.1 If the object of purchase is defective, the provisions of the statutory liability for defects shall apply.

8.2 Deviating from this, the limitation period for warranty claims for used goods is one year from delivery of the goods to the customer. However, the shortening of the limitation period to one year shall not apply:

  • für Items which have been used for a building in accordance with their normal use and have caused its defectiveness.

  • für claims for damages and reimbursement of expenses of the customer, as well as

  • in the event that the seller maliciously concealed the defect

8.3 The customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.

09/ Jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer has its registered office outside the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s place of business if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer’s place of business.

10/ Applicable Law.

10.1 The laws of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

10.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who at the time of conclusion of the contract do not belong to any member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract is outside the European Union.

11/ Dispute Resolution

11.1 The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at:
http://ec.europa.eu/consumers/odr/

11.2 We are neither obligated nor willing to participate in disput settlement proceedings before a dispute resolution body.