General terms and conditions for purchases in the online store julius-zoellner.de

§ 1 General, scope of application of the GTC

1.1 All deliveries and services are provided exclusively on the basis of the following General Terms and Conditions (hereinafter "GTC") in the version valid at the time of the order. Unless expressly agreed in writing, deviating terms and conditions shall not apply.

1.2 The contractual partner is Julius Zöllner GmbH & Co. KG, authorized representative: Ruth Zöllner, Kaullache 4, 96328 Küps-Schmölz, phone: 09264-8070, fax: 09264-80755, e-mail: [email protected], VAT ID No. DE 133053972 (hereinafter referred to as "Seller" or "we").

1.3 Customers within the meaning of these Terms and Conditions may be both consumers and entrepreneurs (hereinafter "Customer" or "you"). Consumers within the meaning of the Terms and Conditions are natural persons who conclude contracts for a purpose that cannot be attributed to their commercial or professional activity. Entrepreneurs within the meaning of the Terms and Conditions are natural or legal persons or partnerships with legal capacity who, when concluding a contract with the seller, are acting in the exercise of their commercial or independent professional activity.

§ 2 Conclusion of the contract, conclusion of the contract

2.1 You can order from us in the online store. With your order, you submit a binding offer to us to conclude the contract with you. We can accept this offer by sending you an order confirmation within 3 days of receiving your order. The contract is concluded with the transmission of this order confirmation.

2.2 When ordering in our online store, you can take a closer look at products by clicking on the product name or the product image. By clicking on the [Add to shopping cart] button, you can add the desired item to your shopping cart. You can view the contents of the shopping cart at any time without obligation by clicking on the [Your shopping cart] button. You can remove the products from the shopping cart by clicking on the graphic [X] or change the number under "Quantity". If you wish to purchase the products in the shopping cart, click on the [Checkout] button on the "Shopping cart" page. During the rest of the ordering process, you set up a customer account and then select the payment method. In the last step, you will receive another overview of your order data under "Confirmation" and can check all details and delete or change them under [Correct]. You can also correct input errors by navigating backwards in the browser or canceling the order process and starting from the beginning. To complete your purchase, you must click on the [Order now with obligation to pay] button. This will send the order to us.

§ 3 Storage of the contract text

We save your order and the order data entered. We will send you an order confirmation by e-mail and then an order confirmation with all the order details. You also have the option of printing out both the order and the General Terms and Conditions before sending the order to us. Finally, you can access the orders you have placed at any time via your customer account.

§ 4 Right of withdrawal for consumers

The following right of withdrawal only applies to consumers in distance selling:

Cancellation policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

To exercise the right to cancel, you must inform us (Julius Zöllner GmbH & Co. KG, Kaullache 4, 96328 Küps-Schmölz, phone: 09264-8070, fax: 09264-80755, e-mail: [email protected] of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

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. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. The shipping costs for returning the goods shall be borne by Julius Zöllner GmbH & Co. KG. However, this is subject to prior agreement with Julius Zöllner.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

§ 5 Sample withdrawal form

(If you wish to cancel the contract, please fill out this form and send it back to us).

To

Julius Zöllner GmbH & Co. KG

Kaullache 4

96328 Küps-Schmölz

Fax: 09264/807 55

E-Mail: [email protected]

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of

the following goods (*)/the 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 for notification on paper)

Date

(*) Delete as appropriate.

§ 6 Prices and shipping costs

All prices are inclusive of VAT plus shipping costs.

The shipping costs are charged at a flat rate per order.

Here is an overview of the flat-rate shipping costs:

 § 7 Terms of delivery

7.1 Delivery shall be made within 7 working days. The period begins with the conclusion of the contract. If the end of the period falls on a Saturday, Sunday or public holiday, this shall be replaced by the next working day.

§ 8 Terms of payment

8.1 Payment is made by credit card, Paypal or Sofort. (Sofortüberweisung Klarna).

8.2 In the case of consumers, we reserve title to the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve title to the purchased item until all outstanding claims arising from the business relationship with the buyer have been settled. The corresponding security rights are transferable to third parties.

8.3 You shall only have a right of set-off if your counterclaims have been legally established or are undisputed or recognized by us. Furthermore, you only have a right of retention if and insofar as your counterclaim is based on the same contractual relationship.

8.4 If you are a consumer, the purchase price shall bear interest at a rate of 5% above the base interest rate from the date of default of payment during the period of default. If you are not a consumer, the interest rate during the period of default is 8% above the prime rate. We reserve the right to prove and claim higher damages caused by default.

§ 9 Warranty

9.1 If you are a consumer and place an order with us for a purpose that cannot be attributed to your commercial or professional activity, the warranty shall be governed by the statutory provisions.

9.2 If you place your order with us as an entrepreneur, the following applies:

9.2.1 Delivered goods must be inspected by the customer immediately after delivery, insofar as this is feasible in the ordinary course of business. If a defect is found, we must be notified immediately. If the customer fails to notify us, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. If such a defect is discovered later, the notification must be made immediately after discovery, otherwise the goods shall also be deemed to have been approved in view of this defect. § Section 377 HGB remains unaffected. The customer shall not be released from his duty to inspect the goods even in the event of recourse by the entrepreneur in accordance with § 478 BGB. If, in such cases, he does not immediately notify the defect asserted by his customer, the goods shall also be deemed to have been approved in view of this defect.

9.2.2 If there is a defect, we are entitled to determine the type of subsequent performance, taking into account the nature of the defect and the legitimate interests of the customer. Subsequent performance shall be deemed to have failed after the third unsuccessful attempt. This clause shall not apply in the case of recourse pursuant to § 478 BGB.

9.2.3 In the event of subsequent performance in the event of defects, we shall only be obliged to bear the necessary expenses, in particular transport, travel, labor and material costs, insofar as these are not increased by the fact that the item was taken to a place other than the registered office or commercial branch of the customer to which the delivery was made. This clause shall not apply in the case of recourse pursuant to § 478 BGB.

9.2.4 The customer's claims for defects, including claims for damages, shall become time-barred after one year. This shall not apply in the case of recourse pursuant to § 478 BGB, nor in the cases of §§ 438 para. 1 no. 2 BGB and § 634a para. 1 no. 2 BGB. This also does not apply to claims for damages due to injury to life, body or health or due to a grossly negligent or intentional breach of duty by us or our vicarious agents.

§ 10 Liability for damages and reimbursement of expenses

10.1 If you are a consumer and place an order with us for a purpose that cannot be attributed to your commercial or professional activity, we shall be liable for damages in accordance with the statutory provisions.

10.2 If you place your order with us as an entrepreneur, the following shall apply in the event of our contractual liability for damages pursuant to clauses 10.2 to 10.8:

10.2.1 If the claims are based on an intentional breach of duty by us, our representatives or our vicarious agents, we shall be liable for damages in accordance with the statutory provisions. If the claims are based on a grossly negligent breach of duty by us or our representatives or vicarious agents, liability shall be limited to the foreseeable, typically occurring damage.

10.2.2 If we or our representatives or vicarious agents have culpably breached an obligation whose fulfillment is essential for the proper execution of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance the customer regularly relies - and there is no case of liability under the statutory provisions - the liability is limited to the foreseeable, typically occurring damage.

10.2.3 Unless otherwise stipulated in Clauses 10.2.1 and 10.2.2, our liability for damages shall be excluded. The same shall also apply if recourse claims are asserted against us as the supplier in accordance with § 478 BGB.

10.3 The exclusions and limitations of liability under clause 10.2 also apply to other claims, in particular tortious claims or claims for reimbursement of futile expenses instead of performance.

10.4 The exclusions and limitations of liability under clause 10.2 shall not apply to any existing claims pursuant to §§ 1, 4 of the Product Liability Act or due to culpable injury to life, limb or health. They also do not apply if we have assumed a guarantee for the quality of our goods or a performance success or a procurement risk and the guarantee case has occurred or the procurement risk has materialized.

10.5 We shall only be liable for the assumption of a procurement risk if we have expressly assumed the procurement risk in writing.

10.6 Insofar as the limitation of liability pursuant to Section 10.2 does not apply to claims arising from producer liability pursuant to Section 823 BGB, our liability shall be limited to the compensation payment of the insurance. If this does not occur or does not occur in full, we shall be liable up to the amount of the sum insured. This clause shall not apply in the event of culpable injury to life, limb or health.

10.7 Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.

10.8 A reversal of the burden of proof is not associated with the above provisions.

§ 11 Customer service

If you have any questions, complaints or claims, you can reach us by telephone on 09264/8070 or by e-mail: [email protected]. You can also contact us via our contact form. Customer service is available Monday to Thursday from 07:00 - 16:30 and on Fridays from 07:00 - 12:15.

§ Section 12 Legal system, place of jurisdiction

12.1 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The contract language is German.

12.2 In the case of customers who conclude the contract for a purpose that cannot be attributed to their professional or commercial activity (consumers), this choice of law does not affect the mandatory provisions of the law of the country in which the customer has their habitual residence.

12.3 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship shall be the registered office of our company in Bingen.

Status 09.11.2016