GENERAL TERMS AND CONDITIONS OF BUSINESS

 

Information on the distance-selling agreements that govern electronic commercial transactions and regarding our general terms and conditions of business.

 

A.     INFORMATION ON THE CONCLUSION OF DISTANCE SELLING AGREEMENTS

Contracting party

Your contracting party with respect to all purchase agreements entered into via this website is the company:

 

DG SHOPMACHER eCommerce für Lösungen GmbH & Co. KG
Hauptstraße 30
48712 Gescher
E-Mail: info@zippo-service.de

Telefon: 0043 3142 24 71 13 99
Fax: 02542 917919-1

E-mail address: shop@zippo.nl

 

CEO: Marcus Diekmann, Thomas Gottheil

Inscribed in the company registry at Coesfeld (Germany) with reg. no. HR A 5332  

 

Conclusion of the agreement

The customer's order constitutes a legally binding contract, the receipt of which is immediately confirmed by Zippo using electronic means. This order confirmation validates the existence of the contract and its acceptance by Zippo.

 

Product description

Full product descriptions, including details of the main features of each item, can be found on the Zippo Online Shop website at www.zippo.com.

 

Right to revoke

You can revoke your contractual declaration without having to give reasons, provided you do so within 14 days and in writing (by letter, fax, or e-mail) or - if the item was supplied to you before expiry of the delivery deadline - by returning the item concerned. The period begins after the reception of this notification in written form, but not before the receipt of the merchandise (or of the first partial delivery in a series of similar shipments) on the premises of the addressee, and likewise not before the fulfilment of our obligations to exchange information under the terms of article 246,   sect. 2 in conjunction with sect. 1, (1) and (2) of the German Introductory Act of the Civil Code (EGBGB) and our obligations under the terms of article 312e, sect. 1, subsection 1 BGB in conjunction with article Art. 246, sect. 3 EGBGB. The timely sending of notification to revoke, or the return of the item, is regarded as proof for the purpose of the period of notice.

 

The revocation should be communicate to:

DG SHOPMACHER eCommerce für Lösungen GmbH & Co. KG
Hauptstraße 30
48712 Gescher
E-Mail: shop@zippo.nl

IMPORTANT: In case of revocation, the delivered goods need to be returned to the following address:

Zippo Shop
c/o Motex GmbH
Axel-Beckord-Straße 2
99880 Hörselgau

 

Consequences of revocation

In the event of revocation coming into effect, all items received by either party or any benefits obtained (e.g. interest) are to be returned. If you are unable to return the items supplied, in whole or in part, or unable to return them in their original state, you undertake to make up the difference in value accordingly. You can in other respects avoid the obligation to make up the value of an item that has deteriorated after use for its intended purpose, provided you do not use the item as if it were your own property and refrain from doing anything that might affect its value. Items that can be despatched by courier are to be returned at our cost and risk. Items not suitable for despatch by courier will be collected from your premises. Outstanding payment obligations must be met within 30 days. Your deadline begins with the despatch of your notice of revocation or the item: ours begins with its receipt.

Personalized Goods

If your order includes personalized articles according to your specifications such as gravures do we not allow the right to return. However we do allow a right to revoke your order within 2 hours after placing your order. 

The acceptance of orders which include personalized articles can take place under the following terms:

1. The personalized articles do not contain indictable relevant, offensive, discriminating or in any other way harming contents.

2. The personalized articles do not harm the rights of a third party.

3. The customer abdicates their intellectual property of the ordered articles and an acceptance from Zippo in regards to the assignment.

4. The customers guarantees and accepts clauses 1-3.

Should however one of the above clauses not exist after the completion of contract, is Zippo not liable to fulfilment of the contract but can claim damages in the amount of ordered articles.

End of revocation order

 

Prices and payment

Prices are as shown in the edition of the Zippo Online Shop that applies at the time of ordering. All the prices quoted there include VAT and despatching costs. You can pay by credit cards: Visa, MasterCard, Online-Banking and Pay Pal.

 

B.    INFORMATION ON ELECTRONIC COMMERCIAL TRANSACTIONS

We will retain a copy of the contract after the agreement has been entered into. The text of this agreement is available to you. You can check your details before submitting your order, and correct them as required by typing in the necessary amendments. 

 

C.    GENERAL TERMS AND CONDITIONS OF SALE AND SUPPLY


1. Main conditions and scope of application

Zippo's products and services are supplied exclusively subject to the conditions set out below, unless otherwise expressly agreed elsewhere.

 

 

2. Contents of the contract to deliver


2.1 Guarantees regarding the quality of finish or shelf life of the items supplied by Zippo must be expressly defined as such in the order confirmation.

 

2.2 Zippo only supplies its products in common household-sized quantities. It is in this respect immaterial whether the customer, by placing only one order, exceeds the normal commercial amount, or whether the submission of several individual orders for the same product, which do not in themselves exceed this total individually, do in fact exceed the total when added together.

 

 

3.    Delivery


3.1 Goods are supplied, unless otherwise stipulated, by shipment from Zippo's warehouse to the delivery address indicated by the customer. All information regarding the availability, despatch or delivery of a product is an approximate forecast or rough estimate only, unless otherwise expressly agreed in writing.

 

3.2 International Zippo customers with Benelux shipping addresses are charged €4.50 for shipping costs.

 

3.3 In the event of force majeure, including but not limited to plant breakdowns, transport delays, measures relating to labour disputes, particularly but not limited to strikes and lockouts, or in the case of non-delivery, incorrect or delayed delivery on the part of Zippo's own suppliers, for whatever reason, or any other negative circumstance that lies beyond Zippo's control, Zippo may, for the duration of the circumstances concerned, delay shipment by a reasonable time. If the delay is likely to persist in the long term, Zippo shall be entitled to cancel, either in whole or in part, the delivery concerned, and declare its withdrawal from the agreement. The customer shall in this case be immediately notified that the product ordered is not available. This does not affect the customer's legal rights.

 

3.4 The place of performance is in any case Emmerich am Rhein, Germany.

 

 

4.    Prices, payment

 

4.1 Zippo's prices are quoted in euros (€). These prices include value added tax (VAT) at the current applicable rate, but exclude shipping costs. Shipping costs are to be paid by the customer.

 

4.2 The customer may only offset claims against debts if the corresponding counterclaim is established in law or not disputed by Zippo. The customer's right to retain payment is furthermore limited to the extent that the counterclaim arises from the same contractual relationship.

 

4.3 The purchase price is to be paid within no more than fourteen days.

 

4.4 The customer has no right to transfer to any third party or parties, without Zippo's consent, any claim arising from this agreement.

 

 

5.    Reservation of title

Zippo shall retain title to the goods until payment has been settled in full.

 

 

6.    Warranty


6.1 The legal rights to remedy apply, at the customer's discretion, to all defects occurring to the goods during the warranty period and, if the statutory requirements exist, the right to reduction or withdrawal from the agreement, along with compensation for loss, damage or costs arising from lack of performance.


6.2 The customer's warranty claims expire, when purchasing used items, within one year of delivery of the item concerned. All other warranty claims expire within 30 years of delivery of the item concerned. 

 

 

7.    Limitation of liability


7.1 Zippo accepts unlimited liability for death, injury or damage to health arising from breach of duty on the part of Zippo or its authorised agents, representatives or employees, and for loss or damage arising from failure to fulfil guarantees provided by the supplier or from misrepresentation on the part of Zippo.

 

7.2 Zippo accepts unlimited liability for loss or damage arising from wilful or gross negligence on the part of its authorised agents, representatives or employees.

 

7.3 In the event of major contractual infringement resulting from minor negligence, Zippo shall be liable, other than in the cases defined in sections 7.1 and 7.4, only for the loss and damage typically foreseeable for contractual obligations of this type. Major contractual conditions are, in summary, those obligations on whose fulfilment the correct fulfilment of the agreement as a whole depends absolutely, and upon which the parties to the agreement depend on a regular basis.

 

7.4 This does not affect the obligations acquired under product-liability law. All further liability on the part of Zippo is hereby excluded.

 

7.5 Customer claims against Zippo for loss or damage expire one year after delivery of the item concerned, unless the case is covered by sections 7.1, 7.2 and/or 7.4.

 

 

8.    Applicable law

The contractual relationships between Zippo and the customer are subject to the laws of the Federal Republic of Germany. Zippo GmbH Groendahlscher Weg 87, D-46446 Emmerich am Rhein, Germany 

Version: May 2011

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