1. Area of application, definitions
- The following contract terms (hereinafter referred to as the “GTC”) apply for purchase contracts which are entered into via the online shop “zipwall.eu” between us,ZipWall GmbH,
Germany (hereinafter: “ZipWall”)
Handelsregister: AG Düsseldorf, HRB 74150
Telephone number: +49 (0) 211 737 14699
Email address: firstname.lastname@example.org
Billed as: Zipwall, Gmbh zipwall.eu
and you as our customer (hereinafter: “Customer”).
- We operate the online shop available under the domain zipwall.eu for orders placed by consumers only. These GTC apply to any purchase contracts entered into via the online shop www.zipwall.eu, irrespective of whether the Customer is in fact a consumer, or actually acts as an entrepreneur or businessperson.
- Exclusively the GTC in the version valid at the time of the order apply for the business relationship between ZipWall and the Customer. The Customer recognises the GTC by using the website and/or ordering goods.
- Deviating agreements of the Customer are not recognised unless ZipWall expressly consents in writing to their application.
- Via the online shop zipwall.eu, ZipWall currently delivers only to the following countries: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the U.K. For sales to other countries, please contact us directly at email@example.com.
2. Entry into contract and separate information for consumers in the case of distance selling and contracts in electronic commerce
- The presentation and the advertising of goods in ZipWall’s online shop operated at zipwall.eu do not constitute any binding offer to enter into a purchase contract. A purchase contract comes into existence only through an order from the Customer as well as an acceptance declaration by ZipWall.
- ZipWall does not save the contract text; accordingly, this is not accessible via ZipWall to the Customer after entry into the contract. However, the Customer can print out the contract text during the order process, via the print function of the Customer’s browser, or save the contract text on a corresponding storage medium via the save function of the Customer’s browser.
- The Customer can select goods from the entire range of goods offered by ZipWall in the online shop and collect these via the button using the shopping basket symbol in a so-called trolley. Via the button “Continue to checkout”, the Customer opens the order form, and via the button “Send order”, the Customer places a binding order to purchase the goods which are in the shopping basket. Before sending the order, the Customer can change and view the data at any time. The order for purchase of the goods in the shopping basket can only be submitted and transmitted, however, if the Customer has accepted these GTC by clicking the checkbox “accept GTC” and accepted them as applying to its order.
- The Customer is bound by the order for the duration of two (2) weeks after placing the order; the right to which the Customer is possibly entitled pursuant to § 5 to rescind the order remains unaffected by this.After receipt of the order via the online shop, ZipWall sends the Customer an automatic confirmation of receipt by email, which gives an itemised list of the Customer’s order once more and which the Customer can print out via the “print” function of his or her browser. This automatic confirmation of receipt merely documents that the Customer’s order has been received by ZipWall and does not constitute acceptance of the order. The contract only comes into existence when ZipWall makes the acceptance declaration, which is sent with a separate email, entitled “order confirmation”.
- German, English and French are available to the Customer as contract languages when entering into the contract.
- ZipWall is not subject to any separate code of conduct.
- The Customer can express any complaints, warranty issues as well as other claims to the address given in the contact page zipwall.eu/contact/.
- The Customer can obtain information regarding delivery, performance as well as payment from the respective offer.
3. Availability of goods
- If at the time of the Customer’s order no units of the product selected by the Customer are available, then ZipWall will inform the Customer of this in the order confirmation without undue delay. If the product is permanently unavailable, ZipWall will refrain from issuing an order confirmation. In such case, no contract will come into existence.
- If the product designated by the Customer in the order is only temporarily unavailable, ZipWall will inform the Customer of this in the order confirmation without undue delay. If the delay in delivery is more than two weeks, the Customer has the right to rescind the contract. In addition, in such case, ZipWall too is entitled to release itself from the contract.Any payments already made by the Customer will be refunded without undue delay by ZipWall, insofar as the parties do not agree in the individual case on another use of the amount paid.
4. Retention of title
- Until payment in full, the goods delivered remain ZipWall’s property. Processing, transformation, pledging, transfer by way of security or other disposal or encumbrance before transfer of ownership is not permissible without ZipWall’s express consent.
- After valid rescission of the contract, ZipWall is entitled at any time to demand the return of the goods delivered.
5. Rescission right
- Insofar as the Customer is a consumer, thus the purpose of the delivery and service ordered cannot be allocated to a commercial or freelance professional activity by the Customer, the Customer is entitled to a rescission right in accordance with the statutory provisions.
- If the Customer as consumer makes use of his or her rescission right pursuant to § 5 nr. 1, then the Customer is obliged to bear the usual costs of returning the goods.
- In addition, the following rules apply for the rescission right, which are reproduced here in detail, in the following
Information about rescission
You have the right to rescind this contract within fourteen days without giving any reasons.
The rescission period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken or has possession of the goods.
In order to exercise your rescission right, you must inform us, ZipWall GmbH, Grünstraße 5, 40212 Düsseldorf, Germany, Tel. +49(0)21173714699, firstname.lastname@example.org, by means of a clear declaration (e.g. a letter sent by mail or an email) about your decision to rescind this contract. You can use the attached template rescission form for this purpose, but this is not necessary. You can also electronically fill out and transmit the template rescission form or another clear declaration on our website www.zipwall.eu. If you make use of this option, then we will send you without undue delay (e.g. by email) a confirmation of receipt of such rescission.
For compliance with the rescission period, it is sufficient that you send the notification about the exercise of the rescission right before the expiry of the rescission period.
Consequences of rescission
If you rescind this contract, we are obliged to refund to you all of the payments which we have received from you, including the delivery costs (with the exception of the additional costs which arise due to the fact that you have chosen a type of delivery other than the most inexpensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which the notification is received by us about your rescission of this contract. For this refund, we will use the same payment method which you used for the original transaction, unless something else is expressly agreed upon with you; in no case will you be charged a fee due to this refund. We can refuse to make the refund until we have received the goods back or until you have provided evidence that you have sent back the goods, depending on which is the earlier.
You are obliged to send back or to give back the goods without undue delay, and in any event at the latest within fourteen days from the day on which you inform us about the rescission of this contract, to
Attention: ZipWall GmbH Returns
2718 RS Zoetermeer
Telephone: +31 79 343 16 24
The period is complied with if you send the goods back before expiry of the fourteen-day period.
You bear the direct costs of returning the goods.
You must only bear any lost value of the goods if this loss of value is attributable to any handling of the goods which is not necessary to check the quality, properties and functioning of the goods.
– End of the rescission information –
- The rescission right does not exist in the case of distance-selling contracts
- a) concerning the delivery of goods which have been produced in accordance with the Customer’s specifications or are clearly tailor-made for personal requirements, or which due to their nature are not suitable for return or can swiftly perish or spoil, or whose best-before date has expired;
- b) concerning audio or video recordings or software insofar as you have unsealed the data carrier(s) delivered.
- ZipWall is entitled to effect partial deliveries insofar as this is reasonable for the Customer.
- The delivery period is c. 5 working days, insofar as nothing to the contrary has been agreed upon. It commences upon payment of the purchase price and the shipment costs.
7. Price and shipping costs
- All price information in ZipWall’s online shop are gross prices inclusive of Dutch VAT, and any shipment costs arising are in addition thereto.
- Shipment costs are given in our price information in our online shop. The price including VAT and shipment costs arising is also shown in the order form before you send the order to us.
- ZipWall reserves the right to charge separate shipment costs for partial deliveries made at the Customer’s request.
- If the Customer validly rescinds his or her contract declaration pursuant to § 5 hereof, the Customer can ask for refund of costs already paid for shipment to the Customer (dispatch costs), subject to the statutory prerequisites (see § 5.3 regarding other rescission consequences).
8. Payment conditions, set-off, right of retention
- The purchase price and the shipment costs are to be paid in advance. Via MultiSafePay, various payment types are available Ideal, MasterCard, Maestro, Bancontact Mister Cash, inCasso, giro pay, Visa, Direct ebanking.com, overBoeking.
- The Customer is entitled to effect set-off against ZipWall’s claims unless the Customer’s counterclaims have been determined in a final and legally binding manner or are undisputed. The Customer is also entitled to effect set-off against ZipWall’s claims if these are based on defect complaints or counterclaims arising out of the same purchase contract.
- The Customer can only exercise a right of retention if the Customer’s counterclaim is based on the same purchase contract.
- ZipWall is liable for material defects in or defects in title to delivered goods in accordance with the applicable statutory provisions, particularly § 434 ff. of the German Civil Code (BGB). The period of limitations for statutory defect claims is two years, and starts to run upon delivery of the goods.
- An additional seller warranty exists for goods delivered by ZipWall only if this has been given expressly in the order confirmation regarding the respective goods.
- Any seller warranties given by ZipWall for certain goods or manufacturer guarantees given by the manufacturer(s) of certain goods are in addition to the claims based on material defects or defects in title in the sense of § 9.1 above. Details of the scope of such guarantees arise out of the guarantee conditions, which accompany the goods where applicable.
- Customer claims for compensation are excluded. This does not include Customer claims (i) arising out of the loss of life, personal injury, damage to health, or (ii) out of the breach of fundamental contract obligations (cardinal duties), or (iii) if the Customer asserts rights due to a defect based on a guarantee of a quality or the certain duration of a quality, or (iv) due to liability for other damage or loss which is due to intentional or grossly negligent breach of obligation by ZipWall, its statutory representatives or vicarious agents. Fundamental contract obligations (cardinal duties) are those whose fulfilment is necessary to achieve the aim of the contract and on whose compliance the Customer may usually rely.
- In the case of the breach of fundamental contract obligations (cardinal duties), ZipWall is liable only for the contract-typical foreseeable damage and loss, if this has been caused through simple negligence, unless these involve Customer compensation claims arising out of the loss of life, personal injury or damage to health.
- The limitations in § 10.1 and § 10.2 above apply also in favour of ZipWall’s legal representatives and vicarious agents, if claims are made directly against them.
- The provisions of the German Product Liability Act remain unaffected.
There is copyright in all pictures, photos, films, texts and graphics which are published in ZipWall’s online shop. Using the pictures, films and taxes is not permitted without the express consent of the respective copyright holder.
12. Information regarding data processing
- ZipWall collects data of the Customer in the framework of executing the contract. In this context, ZipWall complies with the provisions of the German Federal Data Protection Act and the German Telemedia Act. In the absence of the Customer’s consent, ZipWall will only collect, process or use inventory and usage data of the Customer insofar as this is necessary for the execution of the contract relationship and for using and charging for telemedia (e.g. passing the data on to transport companies).
- In the absence of the Customer’s consent, ZipWall will not use the Customer’s data for purposes of advertising, market research or opinion-polling.
- The Customer is able at all times to access the data saved by him or her in his or her customer account under the “My user account” button, to modify this data or to delete it. In addition, reference is made with regard to consents by the Customer and further information regarding data collection, processing and usage to the data protection declaration which is accessible on ZipWall’s website at all times via the link www.zipwall.eu/data-protection/ and which can be printed out by the Customer.
13. Applicable law and legal venue
- The law of the Federal Republic of Germany applies.
- If the Customer places the order as a consumer (for the definition of “consumer”, please see § 5.1 of these GTC) and at the time of the order has his or her usual place of residence in a country other than Germany, the application of mandatory legal provisions of that (other) country remains unaffected by the choice of law made in § 13.1 above.
- Insofar as the Customer is a businessperson, a public-law legal entity or a public-law special fund, the legal venue for all of the disputes which arise out of the contract relationship between the Customer and ZipWall shall be Düsseldorf, Germany.In addition, the applicable statutory provisions apply for local and international jurisdiction.
The European Commission makes available a platform for online dispute resolution, which you will find at http://ec.europa.eu/consumers/odr/. Please contact us directly if you have questions or problems.
- The application of the UN CISG is hereby excluded.
- Even if some of the provisions are legally invalid, the rest of the contract remains binding. The invalid points are replaced by the statutory provisions, insofar as these exist. Insofar as this would constitute an unreasonable hardship for one of the contract parties, however, the contract becomes invalid as a whole.
Template rescission form
(If you wish to rescind the contract, then please fill out this form and send it back.)
– ZipWall GmbH, Grünstraße 5, 40212 Düsseldorf, Germany, Email: email@example.com
– Ordered on: