The following terms and conditions (AGB) govern the privity of contract between the customer and the vendor (Zipfel GmbH). The terms and conditions below are to be considered for all contracts, deliveries and other services. Our terms and conditions apply to both consumers, and companies, unless a differentiation is made in a particular article.
2. Conclusion of the Contract
Our offers are without obligation and not binding. Changes and variations related to our depictions and descriptions are possible. All offers by Zipfel GmbH on the internet, demonstrate a non-committal request to the consumer to place an order for deliveries and services with Zipfel GmbH. By ordering the consumer places a binding offer for the conclusion of a contract of sale.
The acceptance is effected by a corresponding message (for example: notification of shipment, issuing an invoice etc.) or is implied by delivering of the goods.
The simple confirmation of the incoming order via email does not explicitly imply the acceptance of the offer.
3. Price, Delivery, Payment
Our terms of delivery and payment are valid for the Federal Republic of Germany, as well as for the countries quoted in the order form. All our prices are binding in Euro, and contain the value added tax of currently 19%. Net deliveries within the EU are made only after the announcement of the valid purchase tax-identification number (Tax-IdNo.).
Transfers in Europe and abroad via IBAN/BIC. All transfer-charges of the banks are on buyer’s account.
We deliver via shipment service, such as (Deutsche Post, UPS, and similar). The delivery of goods is carried out from stock, as far as there is nothing else agreed on, to the given invoice and delivery address. The forwarding charges result from the particular offers.
We also reserve the right not to accept orders of goods from purchasers, as well as in case of absent availability, we do not carry them out. In that case we will inform you immediately and reimburse the payment on account. We also reserve the right to carry out a part delivery, as far as it appears as appropriate and reasonable for an efficient processing of the order concerned.
If the delivery is made as a C.O.D. parcel, the customer will carry all costs for both, the C.O.D. parcel and the money transfer fee.
The vendor is not responsible for any delay in delivery and service, due to “force majeure” and circumstances beyond his control which considerably complicate the delivery or the completion of the achievement, or make it impossible at all, such as: business disruptions, strike, lock out, shortage of staff, lack of means of transport, official orders etc., even if they occur with the distributor, the vendor or other sub-supplier and sub-companies.
If the obstacles of the service are only temporary, Zipfel GmbH has the right to postpone the delivery and the accomplishment respectively, for the duration of the interference plus a reasonable time.
If the service becomes permanently impossible, due to the obstacle mentioned, Zipfel GmbH will then be released from the contractual obligations.
The purchase price is due net within 10 days from receipt of order. Legal regulations apply to the consequences of the delay in payment.
The rights to offset apply to the customer only if his counterclaims are asserted legally, indisputably or have been acknowledged by us. Furthermore, he is only authorised to practise a withholding of rights, as long as the counterclaim is based on the same contractual relationship.
4. Reservation of Proprietary Rights
With consumers, Zipfel GmbH claims the right of ownership of the goods until full payment of the purchase price.
With companies, Zipfel GmbH claims the right of the ownership of the goods until full payment of all demands out of a current business connection.
The customer is obliged to inform us immediately about any distraint-procedure of the third party to the goods with retention of title, by handing over documents which are important for an intervention. This also applies to any other restrictions. Apart from that, the customer has to inform the third party about the rights related to the goods in advance. As far as the third party is not able to compensate the forensic and out-of-court costs for complaint, according to § 771 ZPO the contracting party is liable for the deficiency caused.
5. Right of Withdrawal
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You can cancel the declaration of contract within 2 weeks, in form of a text (letter, fax, email) without a specification of reasons, or- in case the subject is handed to you before a deadline- by return of the product. The deadline starts after the receipt of this instruction in written form, but not before the receipt of the goods by the recipient (in case of a returning delivery of similar goods before the entry of the first part delivery and not before the completion of the information-duty according to §1, passage 1,2 and 4 BGB-InfoV. For ensuring the right of cancellation, it is sufficient to post the cancellation or the product in time.
The countermand is to be addressed to: Zipfel GmbH, Carolin Zipfel-Kempf, Bergstrasse 17a, 96369 Weissenbrunn, Fax: +49 9261 950010, shop@naoLoop.com
Consequences of the Countermand
In case of an effective countermand, the goods and /or services already received, as well as the benefits achieved (like interest), are to be reimbursed. Shouldn’t you be able to reimburse the goods and / or services received completely, or partly ,or in a worsened state, then you will have to provide a compensation for the value as far as possible. In case of the surrender of goods, this does not apply, when the aggravation of the product is due to its examination exclusively- as it would be possible in a store as well. For the rest, you can avoid the duty of compensation for the value of a product, which, while conventionally used, became of minor quality, in so far that you do not treat the product as your own, and omit anything that might affect its value.
Products which can be sent via parcel service are to be returned to us at our risk and expense. In case of a return resulting from a delivery of goods, whose value of order adds up to a total of 40 EUR, the customer will have to pay the expenses of the return, if the product delivered corresponds to the order. Products which cannot be sent via parcel-service, will be collected at your place. Commitments for the reimbursement have to be fulfilled within 30 days. The deadline starts for you with the posting of the declaration of the countermand or the product, and for us with the receipt of it.
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6. Deficiencies, Examination- and Reproof Duties of the Consumer
We are liable for any deficiencies according to the legal regulations, insofar there are no limitations given in the following. The warranty deadline for companies is one year from the delivery of goods. Companies have to indicate obvious deficiencies within a deadline of a week from the receipt of goods in a written form, otherwise the enforcement of the warranty claim is excluded. For observing a term, posting on time is sufficient.
In case of used products, the warranty deadline for companies and consumers is 1 year from delivery of goods. The afore -mentioned limitation of liability does not apply to damage caused negligently or purposely, as well as damage caused by injury of life or health, which are based on a negligent breach of duty.
The customer will not receive any warranty in terms of justice.
Our liability for a contractual breach of duty, as well as out of any offence, is limited to damage caused by gross negligence and on purpose.
This does not apply to damage related to injury of life, body or health, which are based on a negligent breach of duty, as well as claims due to the damage of important duties under a contract and the replacement of damage caused by delay (§268 BGB). In this respect, we are liable for any degree of the actual fault.
The before-mentioned non-warranty also applies to slight negligent breaches of duty of our vicarious agents. Any liability for damage, which does not result from injuries of life, body and health of the customer, is not excluded as slight negligence, those claims become statute-barred within a year, from the beginning of the origin of the claim.
8. Data Protection
According to the “Bundesdatenschutzgesetz” (BDSG)- “Federal Data Protection Law” we would like to draw your attention to the fact that in terms of business, necessary data will be saved. Discretion and confidence, as well as the strict observance of the valid data protection rules, are a matter of course to us.
9. Final Provisions
Exclusively German Law is to be applied. With consumers who sign the contract not for business or commercial reasons this right of choice applies insofar, as the granted protection is not to be deprived through forcing rules of the right of the state, in which the consumer has a regular residence. The regulations of the UN-rights do not apply here. As far as the customer is a merchant, a legal entity or a entity of a public fund, the agreed place of jurisdiction is the court in charge that is responsible for all disputes out of this contract, unless there is an exclusive place of jurisdiction given. The vendor is entitled, however, to sue the merchant at his local residence or business headquarter court. Should one provision of these terms and conditions (AGB) be completely or partly ineffective, or unable to be enforced, now or in future, thus, the remaining provisions of these terms and conditions are not affected by that, unless because of the omission of single clauses, one party becomes discriminated in an infeasible way, so that observance of the contract cannot be expected anymore.