Version Date: 02/2016
§ 1 general
1. Contractors. Contracting parties in the context of the following terms and conditions are the Zippo GmbH (hereinafter "Zippo"), Groendahlscher Weg 87, 46446 Emmerich am Rhein, Germany, and the customer or perspective customer. Further information on the communication data and the legal representation of Zippo GmbH can be found in the provider identification (imprint).
2. Scope of application. All deliveries and services provided by Zippo to customers are made exclusively on the basis of the following terms and conditions in the version valid at the time of the order.
3. Conflicting terms and conditions. Terms and conditions of the customer or third parties shall not apply, even if Zippo does not separately object to their validity in individual cases. Even if Zippo refers to correspondence that contains or refers to the terms and conditions of the customer or a third party, this does not constitute acceptance of the validity of these terms and conditions.
§ 2 conclusion of contract
1. Offer and acceptance. The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer. By sending the order to Zippo the customer insures unlimited legal capacity. Zippo is not obliged to accept the offer of the customer. The confirmation of the receipt of the customer‘s order is not yet an acceptance of the offer of the customer.
2. Acceptance of personalized goods. The acceptance of orders of personalized goods takes place under the following conditions:
a) The personalized goods contain no criminally relevant, insulting, discriminatory or in other ways endangering contents.
b) The personalized goods do not violate the rights of third parties.
c) The customer withdraws his intellectual property from the goods commissioned by him and waives a declaration of acceptance by Zippo regarding the assignment.
d) The customer guarantees the existence of the conditions a)-c).
If one of the items a) -c) proves to be non-existent after the conclusion of the contract, Zippo is not obligated to fulfill its obligations, but is entitled to claim damages in accordance with the statutory provisions.
3. Acceptance Period. Zippo is entitled to accept offers within a period of seven calendar days by sending a shipping confirmation or sending the ordered goods. A purchase contract is only concluded when Zippo issues an order confirmation or the ordered goods are sent to the customer. After fruitless expiry of this period the offer is rejected.
4. Special conditions for payment in advance. If the customer chooses prepayment, the goods will be reserved for the customer upon receipt of the order, but will be sent to the customer after Zippo's receipt of the money. The contract is concluded on the condition that Zippo receives the funds within five days of acceptance by Zippo. If necessary, Zippo will make a new offer to the customer.
§ 3 prices, payment conditions
1. Indication of prices. All prices quoted are in Euro and are inclusive of the applicable value added tax without any costs of packaging and shipping at the time of ordering. The delivery is made against a packaging and shipping fee, the exact amount of which is shown before submitting the contract offer. The indication of the total costs takes place in the order process.
2. Payment. Payments can be made using the means of payment specified in the order process. These are currently instant transfer (SOFORT Überweisung), PayPal or credit card. For special offers, such as orders by phone, the payment methods are limited.
3. Payment amount. The payment amount shown on the invoice shall be payable to Zippo, irrespective of the method of payment, without deduction of transaction fees and the like arising, for example, from international banks. The customer is not entitled to set off own claims against payment claims of Zippo, unless the claims of the customer are undisputed or legally established.
4. Payment processing. All payments are handled by our contractual partner PAYONE.
§ 4 Withdrawal
1. Withdrawal. You have the right to cancel this contract within fourteen days without giving any reason, unless it is a personalized product.
2. Personalized goods. In the case of contracts for the supply of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is necessary or which are clearly tailored to the personal needs of the consumer ("personalized goods", eg engraving), revocation and cancellation return rights are in accordance with § 312g paragraph 2 Civil Code excluded. Zippo grants the customer a contractual right of withdrawal within 2 hours after sending the order.
3. Cancellation period. Incidentally, the cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. To comply with the withdrawal period, it is sufficient that you send the declaration on the exercise of the right of withdrawal before the expiry of the withdrawal period.
4. Revocation. In order to exercise your right of withdrawal, you must contact us (Zippo GmbH, Retoure zippo.de, Groendahlscher Weg 87, 46446 Emmerich am Rhein, Germany, Fax +49 (0) 2822 600 650, E-Mail firstname.lastname@example.org by means of a clear statement (eg. a letter sent by post, fax or e-mail) about your decision to withdraw from this contract You may use the attached model withdrawal form, which is not mandatory.
5. Consequences of revocation. If you withdraw from the contract, we are obliged to refund all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer) immediately and at latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment we will use the same means of payment as you used in the original transaction, unless otherwise agreed with you. In no case you will be charged for repayment fees. We may refuse to repay you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You have to send the goods immediately and in any case not later than fourteen days from the date on which you inform us about the cancellation of this contract, to us or to our logistics partner (Yusen Logistics Germany GmbH, Retoure zippo.de, Hall E, Marseiller Str 14-16, 47229 Duisburg). The deadline is respected if you send the goods before the expiry of the period of fourteen days. You bear the immediate costs of returning the goods. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling of them that is not necessary for the examination of the condition, characteristics and functioning of the goods.
6. Cancellation notification. (If you want to cancel the contract, please fill out this form and send it back.)
Zippo GmbH, Retoure zippo.de, Groendahlscher Weg 87, 46446 Emmerich am Rhein, Deutschland, Telefax +49 (0)2822 600 650, E-Mail email@example.com)
Hereby I / we (*)revoke the contract concluded by me / us (*) for the purchase of the following
Goods (*) / Provision of the following service (*)
Ordered on (*) / received on (*)
Name of the consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only when notified on paper)
(*) Delete if inappropriate.
§ 5 delivery terms
1. Shipping to delivery address. The delivery takes place by dispatch to the delivery address communicated by the customer.
2. Delay caused by Zippo. If Zippo is in default of delivery or becomes unable to deliver, for any reason whatsoever, Zippo's liability for damages shall be limited in accordance with § 8 of these General Terms and Conditions.
3. Force majeure. Zippo shall not be liable for impossibility of delivery or for delays in delivery, insofar as these are due to force majeure or other unforeseeable events at the time of the conclusion of the contract, in particular disruptions of all kinds, difficulties in material or energy procurement, delays in transport, strikes, legitimate lockouts, lack of manpower, Energy or raw materials, difficulties in obtaining necessary regulatory approvals, official measures or the lack of, incorrect or untimely delivery by suppliers, which Zippo is not responsible for. If such events make the delivery significantly more difficult or impossible for Zippo and the hindrance is not just temporary, Zippo is entitled to withdraw from the contract. In the case of obstacles of a temporary duration, the delivery periods shall be extended or the delivery dates shall be postponed by the period of the hindrance plus a reasonable start-up period. If, as a result of the delay, the customer can not reasonably be expected to accept the delivery, he can withdraw from the contract by means of an immediate written declaration to Zippo.
4. Partial shipments. Zippo is only entitled to partial deliveries if
a) the partial delivery is usable by the customer within the scope of the contractual purpose,
b) the delivery of the remaining ordered goods is ensured and
c) The customer will not incur any significant additional expenses or additional costs unless Zippo agrees to assume these costs.
5. Place of fulfillment. Place of performance for all obligations arising from the contractual relationship is Emmerich am Rhein, unless otherwise specified.
6. Transfer of risk. The risk shall pass to the customer at the latest upon the handover of the delivery item to the freight forwarder, carrier or other third party intended to carry out the shipment; The decisive factor is the beginning of the loading process. This also applies if partial deliveries are made or Zippo has assumed other services, in particular shipping. If the shipment or the transfer is delayed as a result of a cause whose cause lies with the customer, the risk passes to the customer from the day on which the delivery item is ready for despatch and Zippo has informed the customer.
7. Transportschäden. Wird die Ware mit offensichtlichen Transportschäden angeliefert, wird der Kunde gebeten, diese beim Versanddienstleister zu reklamieren und mit Zippo Kontakt aufzunehmen unter firstname.lastname@example.org.
§ 6 reservation of proprietary rights
The ordered goods remain the property of Zippo until full payment. Prior to transfer of ownership, resale, leasing, pledging, transfer by way of security, processing, other disposition or transformation is not permitted without the express consent of Zippo.
§ 7 warranty, repair costs
1. Legal provisions. The customer's claims against Zippo for defects are governed by the statutory provisions within the statutory periods, unless deviations result from the following regulations. The legal warranty period is currently two years.
2. Improper or illegal use. Damage caused by improper or non-conforming measures of the customer during installation, connection, operation or storage, do not constitute a claim against Zippo. Further information on the handling of warranty cases can be found here.
3. Reimbursement of repair costs. If goods are sent for repair to Zippo or a contracted repairshop and if the defects, damages or other changes or deteriorations of the goods are not material defects which trigger statutory warranty claims or warranty claims against the manufacturer, the costs for cost estimates, repairs and similar costs have to be refunded by the customer to Zippo, as far as the customer instructs these parties after notification from Zippo, that a warranty case does not exist.
§ 8 liability
1. Entire liability regime. The liability of Zippo for damages, for whatever legal reason, in particular from impossibility, delay, inadequate or incorrect delivery, breach of contract, breach of obligations in contract negotiations and tort is limited, as far as it is in each case at fault, in accordance with this § 8.
2. Disclaimer. Zippo is not liable in case of simple negligence on the part of its bodies, legal representatives, employees or other vicarious agents, as far as it is not a violation of essential contractual obligations. Essential to the contract are the obligation to timely delivery of the essential defects free delivery item as well as advice, protection and custody obligations that allow the customer to use the contractual object or the protection of life or limb of the customer's staff or the protection of its property intended to cause considerable damage.
3. Limitation of Liability. As far as Zippo according to No. 2 of this § 8 is basically liable for damages, this liability is limited to damages which Zippo had foreseen at the conclusion of the contract as a possible consequence of a breach of contract or which it should have foreseen by applying customary care. Indirect damage and consequential damage, which are the result of defects in the delivery item, are also only substitutable insofar as such damage can typically be expected in the case of the intended use of the delivery item.
4. Agents. The above exclusions and limitations of liability apply to the same extent in favor of the organs, legal representatives, employees and other vicarious agents of Zippo.
5. Facts of full liability. The restrictions of this § 8 do not apply to the liability of Zippo for willful conduct, for guaranteed characteristics, for injury to life, limb or health or under the Product Liability Act.
§ 9 data protection
The processing of personal data takes place in accordance with the applicable law, in particular the Federal Data Protection Act and the Telemedia Act. Incidentally, reference is made to the instructions on data protection.
§ 10 jurisdiction, applicable law and partialness
1. Jurisdiction. The exclusive place of jurisdiction for all disputes arising from this contract is Emmerich am Rhein, provided that each party is a merchant or legal entity under public law or has no general place of jurisdiction in Germany. If Zippo complains, it is also entitled to choose the place of jurisdiction at the customer's headquarters. The right of both parties to seek interim relief from courts having jurisdiction under the law remains unaffected.
2. Choice of Law. German law is applicable to the conclusion and settlement of all contracts, excluding the UN Sales Convention.
3. Contract language. Contract language is German.
4. Ineffectiveness. Should a provision in these General Terms and Conditions or a provision in the context of other agreements be or become ineffective, this shall not affect the validity of all other provisions or agreements.