General terms and conditions
1. general / conclusion of contract
1.1. orders can be placed in writing, by telephone, by fax or by e-mail. Unless the order is expressly confirmed by us, the shipment of the goods shall be deemed acceptance of the order.
1.2. Your orders will be stored by us for 24 months after your order. If you lose your records of your orders, please contact us by email/fax/phone. We will gladly send you a copy of your order data.
2. Prices and Terms of Payment
2.1. The list prices at the time of the order apply to the delivery.
2.2. All our prices include the statutory VAT and do not include shipping costs, cash on delivery charges, installation and training costs, etc., if applicable. Depending on the shipping method, the shipping costs are calculated depending on the size, weight and number of packages.
2.3. A payment is considered made only when we can dispose of the amount. In the event of a delay in payment, we shall be entitled to charge interest on arrears at a rate of 5 percentage points for consumers and 8 percentage points for entrepreneurs above the respective base interest rate of the ECB in accordance with the Discount Transition Act. Bills of exchange or checks shall only be accepted by agreement and on account of performance and shall not be deemed payment until they have been honored. Discount and collection charges shall be borne by the customer. We shall not be liable for timely presentation.
2.4 The customer, who is an entrepreneur, shall only be entitled to fulfill the purchase price payment obligation by offsetting if his counterclaims have been legally established, are undisputed or have been recognized by us. In addition, he is entitled to exercise a right of retention only insofar as his counterclaim is based on the same contractual relationship.
2.5. When exercising the right of withdrawal, you must bear the regular costs of return if the goods delivered correspond to those ordered and if the price of the item to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the item, you have not yet provided the consideration or a contractually agreed partial payment at the time of withdrawal. Otherwise, the return is free of charge for you.
3. Delivery time
3.1. All items that are immediately available from our warehouse will be dispatched within 2 working days. If articles are not immediately available, so that the delivery time is delayed, we will inform you immediately. A particularly fast delivery of the goods is possible on request in express shipping in 24 hours, if your order is received in time and the goods are available.
3.2. The delivery period begins with the confirmation of readiness for delivery by us.
3.3. The delivery period is extended if necessary. 3.4 Delays in delivery caused by statutory or official orders (e.g. import and export restrictions) for which we are not responsible shall extend the delivery period in accordance with the duration of such obstacles. We shall notify you of their beginning and end without delay in important cases.
4. Delivery, dispatch, transfer of risk
4.1 Partial deliveries by us are permissible insofar as these are reasonable for you.
4.2 We may determine the type of dispatch, the dispatch route and the company commissioned with the dispatch at our discretion, insofar as you do not give any express instructions.
4.3. in the case of a consumer goods purchase, the risk shall pass to you as soon as the shipment with the delivery items is handed over to you by the carrier.
4.4. please also refer to our information on shipping and delivery.
(1) Right of revocation
You have the right to revoke this contract within 14 days without giving any reason.
The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
To exercise your right of withdrawal, you must inform us (the postal address is: ZO2powertools GmbH&Co KG, 92637 Weiden, Raiffeisenstrasse 2, phone: 0961 20648182, e-mail: firstname.lastname@example.org) by means of a clear statement (eg a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample cancellation form for this purpose, which is, however, not mandatory. If you make use of this option, we will send you a confirmation of receipt of such revocation without delay (e.g. by e-mail).
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
(2) Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and at the latest within 14 days from the day on which we received the notification of your revocation of 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; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
(3) You must return or hand over the goods to ZO2powertools GmbH&Co KG, 92637 Weiden, Raiffeisenstrasse 2 without undue delay and in any case no later than 14 days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of 14 days.
(4) We bear the cost of returning the goods.
(5) You must pay for any loss in value of the goods only if this loss in value is due to a handling of the goods not necessary for testing the condition, properties and functioning of the goods.
End of the revocation
6. Refusal of acceptance
If a buyer who is not a consumer in the sense of § 13 BGB does not accept the sold goods, we are entitled to choose to insist on acceptance or to demand 10% of the purchase price as a lump sum compensation for damages and expenses, unless the buyer proves that damage has not occurred or has occurred to a lesser extent. In the event of an extraordinarily high damage, we reserve the right to assert this claim. For the duration of the Buyer’s default in acceptance, we shall be entitled to store the delivery items at our premises, at a forwarding agent’s or a warehouse keeper’s premises at the Buyer’s risk. During the period of default in acceptance, the Buyer shall pay us a lump sum of EUR 15 per month for the storage costs incurred without further proof. The lump-sum compensation shall be reduced to the extent that the Buyer proves that expenses or damage have not been incurred. In the event of exceptionally high storage costs, we reserve the right to assert these.
7. Retention of title
7.1 We retain title to the purchased item until full payment of all claims arising from the delivery contract, including ancillary claims (e.g. bill of exchange costs, financing costs, interest, etc.). In the event of any breach of contract on your part, we shall be entitled to demand the return of the object of sale.
7.2 In the event of seizures or other interventions by third parties, you shall notify us immediately in writing.
7.3 Any processing or transformation of the object of sale by you shall always be carried out on our behalf. If the object of sale is processed with other objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the value of the object of sale to the other processed objects at the time of processing.
7.4 You shall be entitled to resell the goods in the ordinary course of business. However, you hereby assign to us all claims against your purchaser or third parties arising from the resale in the amount of the final invoice amount.
8 Warranty / Disclaimer
8.1 The warranty rights are governed by the statutory provisions, unless otherwise stated below.
A liability for normal wear and tear is excluded. In the case of used goods, the warranty period shall be 12 months from the transfer of risk.
8.2 We shall not assume any warranty for defects and damage resulting from unsuitable or improper use, non-compliance with instructions for use or incorrect or negligent handling. This applies in particular to the operation of the items with the wrong type of current or voltage as well as connection to unsuitable power sources. The same applies to defects and damage caused by fire, lightning, explosion or mains overvoltage, moisture of any kind, incorrect or missing program software and / or processing data, unless the buyer proves that these circumstances are not the cause of the claimed defect.
8.3. The warranty shall lapse if you carry out interventions and/or repairs on equipment or have them carried out by persons who have not been authorized by us, insofar as the defect that has occurred is based on this.
8.4. Section 377 of the German Commercial Code (HGB) shall apply to obvious defects in commercial transactions.
8.5. In the event of a warranty claim, the consumer shall be entitled to assert a right to rectification of defects or delivery of defect-free goods (subsequent performance) at his discretion. If the chosen type of supplementary performance is associated with disproportionately high costs, the claim shall be limited to the remaining type of supplementary performance. Within the scope of the delivery of defect-free goods, the exchange into higher-quality products with comparable properties shall already be deemed to have been accepted, provided that this is reasonable for the consumer and us (e.g.: exchange into the successor model, same model series, etc.). Further rights, in particular the cancellation of the purchase contract, can only be asserted after the expiry of a reasonable period for subsequent performance or the failure of subsequent performance twice.
8.6. If the Buyer is an entrepreneur, we are entitled within one year from the date of delivery at our discretion to remedy the defect or deliver defect-free goods within the meaning of § 439 BGB. After the expiry of one year from the date of delivery, his warranty claims shall be limited to rectification of defects or credit note for the current value at our discretion. Should the entrepreneur demand reimbursement of expenses within the meaning of § 478 II BGB, this shall be limited to a maximum of 2% of the original value of the goods. Claims based on § 478 BGB are covered by the 24-month warranty for entrepreneurs under 8.1 in the sense of the equivalent compensation under § 478 IV p. 1 BGB.
8.7. By a replacement under the warranty / guarantee, no new warranty / guarantee periods come into force; § 203 BGB remains unaffected.
8.8. We do not guarantee the specified condition of the goods in the sense of § 443 BGB. Any warranty rights granted by the manufacturer shall remain unaffected thereby and shall be determined exclusively in accordance with the warranty declaration handed over to the customer with the goods.
8.9 We shall be liable without limitation in accordance with the statutory provisions of warranty law for damages arising from injury to life, limb or health which are based on a negligent or intentional breach of duty on our part or an intentional or negligent breach of duty on the part of our vicarious agents. In addition, we shall be liable without limitation in accordance with the statutory provisions for other damages if these are based on the breach of a material contractual obligation. This is the case if the breach of duty relates to a duty the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer has relied and was entitled to rely.
8.10. The liability provisions regulated under 8.9 are limited to the foreseeable, typically occurring damage and also apply to other breaches of duty outside the warranty law. This includes in particular the breach of main and ancillary performance obligations in the period prior to delivery of the goods. Otherwise, liability is limited to intent and gross negligence. We shall not be liable for the restoration of data unless we have caused the loss intentionally or by gross negligence and the Buyer has ensured that a data backup has been made so that the data can be reconstructed with reasonable effort.
8.11. For the handling of warranty claims, please refer to the instructions in our current return and service information enclosed with every delivery.
9. withdrawal in case of deterioration of assets
We may withdraw from the contract if we become aware of a cessation of payments, the opening of insolvency or composition proceedings, the rejection of insolvency for lack of assets, bill or check protests or other concrete indications of deterioration in the financial circumstances of the buyer.
10. software, literature
In the case of delivery of software, the special license and other conditions of the manufacturer shall apply in addition to our conditions. By accepting the software, the buyer expressly acknowledges their validity.
11. Use of customer data
We are entitled to process all data relating to business relations with you in accordance with the Federal Data Protection Act.
It is referred to our data protection provisions.
12. Export License
Eventually for the export of the delivered goods necessary approvals of the Federal Office for Commercial Economy in Eschborn/Taunus are to be obtained by you in your own name and at your own expense. The refusal of such an export permit does not entitle you to withdraw from the contract.
13. Place of jurisdiction, partial invalidity, applicable law
13.1 In business transactions with merchants and with legal entities under public law, the place of jurisdiction for all legal disputes arising from the contract, including actions on bills of exchange and checks, is agreed to be Westerstede; we are also entitled to file suit at the buyer’s place of business.
13.2 In the event that individual provisions of the supply contract or these General Terms and Conditions are invalid, the remaining provisions shall continue to be valid.
13.3 In business transactions with consumers within the European Union, the law of the consumer’s place of residence may also be applicable, provided that it is mandatory consumer law provisions.