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General Terms and Conditions/Delivery Conditions

General, Customers, Language
All offers, sales contracts, deliveries and services made on the basis of any orders by our customers (each, a „Customer“) through our online shop www.allgaeu-zapf.de" (the „Online Shop“), via telephone or other form of remote voice communication, shall be governed by these general terms and conditions of sale (the „General Terms and Conditions“).
The product offerings in the Online Shop are directed to both Consumers and Business Customers (as defined below), but in each case only to end users. For the purpose of these General Terms and Conditions,
  • a „Consumer“ is any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity (Sec. 13 of the German Civil Code), and
  • a „Business Customer“ is an individual, company or partnership vested with legal capacity who enters into the relevant contract in the conduct of its business or its self-employed professional activity (Sec. 14 (1) of the German Civil Code).
Standard business conditions of the Customer do not apply, regardless of whether or not we expressly object to them in a particular case.
Our contracts with the Customer shall be made exclusively in the German or English language, in each case depending on whether the Customer makes the relevant purchase on our English language or on our German language website. Therefore, if the order is made on our German website, exclusively the German version of these General Terms and Conditions shall be relevant. If the order is made on our English website, exclusively the English version of these General Terms and Conditions shall be relevant.
Conclusion of Contract
Our offerings in the Online Shop are non-binding.
By placing an order in the Online Shop or ordering by remote voice communication, the Customer makes a binding offer to purchase the relevant product. The offer will remain open for acceptance by us for a period ending at the end of the third business day following the day of the offer.
Without undue delay upon receipt of the order, we will send to the Customer by e-mail a confirmation of receipt, which shall not constitute an acceptance of the order. The order shall be deemed to be accepted by us either upon subsequent (e-mail) acceptance of the order or once the product has been dispatched. The sales contract with the Customer shall not become effective until our acceptance.
Any Customer who is a Consumer shall be entitled to revoke the offer and return the product in accordance with the cancellation and return policy as separately made available to the Customer on our website or on the order confirmation during the ordering process.
Prices and Payment
Our prices include statutory VAT, including shipping costs. Any customs duties and similar public charges shall be borne by the Customer.
Unless expressly otherwise agreed by us, all shipments by us shall require advance payment.
We reserve the right to ask for advance down-payments.
The Customer shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by us or been determined by a final and binding decision.
Dispatch of the Product
Any date of dispatch communicated by us shall be only approximate and may therefore be exceeded by up to 14 business days, except if a fixed date of dispatch has been agreed upon. This shall not apply if a fixed dispatch date has been agreed.
Any delivery periods stated by us or otherwise agreed upon ordering shall start on the day the full purchase price is received (including VAT and shipping costs).
The date of dispatch shall be such day on which the product is handed over to the carrier.
In the event that no date of dispatch has been specified or otherwise agreed upon, we shall be required to dispatch the product within a period of 12 weeks after the Relevant Date pursuant to subsection 1.
In the event that our supplier fails to deliver the product in a timely manner, any applicable delivery period shall be deemed to be extended until delivery is made by our supplier plus an additional period of 5 business days, provided that our supplier’s failure to timely supply the products is not a result of our fault or negligence and that we have without undue delay ordered the relevant products from the supplier.
In the event that the product is no longer available or cannot be timely delivered, for any of the reasons set out in subsection 5, we shall without undue delay inform the Customer thereof. If the product is no longer available from our suppliers within the foreseeable future, we shall be entitled to terminate the sales contract. In case of such termination, we shall without undue delay reimburse the Customer any payments which the Customer has made to us in respect of the order. The legal rights of the Customer resulting from late delivery shall not be affected by this provision; provided, however, that the Customer may claim damages only subject to the provisions of Section 9 of these General Terms and Conditions.
Partial deliveries of products included in the same order shall be permitted, provided that the products can be used separately and provided further that we shall bear any additional shipping costs caused thereby.
Shipment, Insurance and Passing of Risk
Unless expressly otherwise agreed upon, we shall be free to determine the appropriate mode of shipment and to select the carrier at our reasonable discretion.
We shall only be obliged to properly and timely deliver the product to the carrier and shall not be responsible for any delays caused by the carrier. Any transit times specified by us shall therefore only be non-binding estimates.
If the Customer is a Consumer, the risk of accidental destruction, damage or loss of the delivered product shall pass to the Customer upon delivery of the product to the Customer or upon the Customer’s default of acceptance. In all other cases, such risk shall pass to the Customer upon delivery of the product by us to the carrier.
We shall insure the product against the usual risks of transportation at our cost and expense.
Retention of Title and Resale
We retain legal title to any product supplied by us until the purchase price (including VAT and shipping costs) for such product has been fully paid.
The Customer shall not be entitled to resell any products delivered by us which are under retention of title, except with our prior written consent.
Warranty
In the event of a defect of the delivered product, the Customer shall be entitled to request from us to repair the defect or to supply another product (as ordered) which is free from defects. Notwithstanding the foregoing, if the Customer is a Business Customer, we shall have the right to choose between any such remedies at our discretion, provided that such choice shall be made by us by written notice (in „text form“, including by e-mail) within a period of three business days following receipt of the Customer’s notice of the defect. We may refuse to remedy a defective product in the manner requested by the Customer if such remedy would result in unreasonable costs.
If the remedy (supplementary performance) pursuant to Section 7 (1) fails or cannot reasonably be expected from the Customer or we refuse to remedy the defect, the Customer shall be entitled to terminate the sales contract, reduce the purchase price or claim damages or frustrated expenses, in each case in accordance with applicable law. Any damage claims of the Customer shall be subject to the provisions contained in Section 9 of these General Terms and Conditions.
The warranty period shall be two years upon delivery of the Product if the Customer is a Consumer or otherwise twelve months upon delivery of the product.
With regard to Business Customers only, the following shall apply: The Customer shall promptly upon delivery inspect the product with due care. The delivered product shall be deemed to be approved by the Customer unless the defect is notified to us
  • in case of any obvious defects within a period of five business days upon delivery or
  • otherwise within five business days from the day when the defect has been identified.
Liability
Our liability, except in cases of wilful misconduct or gross negligence, is limited to an amount equal to 20 % of the aggregate purchase price (including VAT).
We shall not be liable (on whatever legal grounds) for damages which may not reasonably be foreseen, assuming a normal use of the product. In particular, we shall not be liable in case of improper or wrong assembly. The foregoing limitations of liability shall not apply in cases of wilful misconduct or gross negligence.
The provisions of this Section 8 shall not apply with respect to our liability for guaranteed product specifications (within the meaning of Sec. 444 of the German Civil Code).
Data Protection
We may save and process any data relating to the Customer, to the extent necessary for the purpose of the execution and implementation of the sales contract and as long as we are required to keep such data in accordance with applicable law.
We shall have the right to submit personal data relating to the Customer to credit agencies, to the extent necessary for a credit check, subject, however, to the Customer’s consent in each individual case. We shall not make available any personal data of the Customer to other third parties without the express consent of the Customer, except to the extent that a disclosure is required under applicable law.
We shall not be permitted to collect, submit to any third party or otherwise process personal data of the Customer for any purpose other than those set forth in this Section 9.
Applicable Law and Competent Courts
Any contracts entered into between us and the Customer shall be governed by the laws of the Federal Republic of Germany including of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions.
If the Customer is a corporation, limited liability company or commercial partnership or otherwise operates a commercial business (Kaufmann within the meaning of Sec. 1 (1) of the German Commercial Code) or is a legal entity or special fund organized under public law, the courts in Kempten (Allgäu) shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract. In all other cases, we or the Customer may file suit before any court of competent jurisdiction under applicable law.