General Terms

General Terms and Conditions of Agreement, Delivery, and Sale (As of: January 2018)

1. General
2. Contract Content and Conclusion
3. Prices, Shipping Costs, VAT, and Payment
4. Delivery and Transfer of Risk
5. Prohibition of Set-Off and Retention Rights
6. Retention of Title
7. Warranty
8. Liability
9. Information on Market Introduction, Take-Back, and Environmentally Friendly Disposal of Electrical and Electronic Equipment
10. Data Protection
11. Applicable Law and Jurisdiction
12. Severability Clause

1. General

(1) These general terms and conditions apply to all contracts, deliveries, and other services of

Phone: 09072-922-6901

Fax: 09072-922-6905

Email: info@zierhut24.de

Managing Director: Tobias Zierhut
Commercial Register and Number:  Amtsgericht Augsburg HRB-31264

VAT Number: DE311272919

(hereinafter referred to as “Seller”) concerning the website www.zierhut24.de. The Seller enters into contracts exclusively with entrepreneurs within the meaning of § 14 BGB, legal entities under public law, and persons conducting business, upon presentation of proof of business activity from Germany and abroad. No sales are made to consumers.

(2) An entrepreneur within the meaning of these general terms and conditions is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity (§ 14 para. 1 BGB).

(3) These terms are deemed accepted at the latest upon receipt of the service.

(4) The counter-evidence of customers referring to their own general terms and conditions is hereby rejected. Deviations from these general terms and conditions are only valid if confirmed in writing by the Seller.

(5) The language of the contract is German.

2. Contract Content and Conclusion

(1) The Seller offers used and new items in the field of storage technology and means of transport on the website www.zierhut24.de. The Seller also purchases items on behalf of the customer or for own use.

(2) The prices listed on the website do not constitute a legally binding offer but an invitation to place orders without obligation. Even if an item is marked as “Price on request” on the website, it is a non-binding invitation. In such cases, price, transport costs, and item details can be obtained by contacting the Seller by phone, email, or fax. Only after receiving information from the Seller about the price, transport costs, and item details and placing an order by phone, fax, or email to the Seller, the order becomes binding for the customer. A legally binding sales contract for the Seller is concluded only by the Seller’s acceptance of the order. This occurs either by issuing a written invoice requesting payment or by delivering the goods to the customer.

(3) For the sale of goods via eBay in the “Buy Now” option or online auction, only the respective eBay terms and conditions for contract conclusion apply. These can be found at http://pages.ebay.de/help/policies/user-agreement.html?rt=nc.

(4) The Seller stores the contract text and sends the order data to the customer. After completing the order, the order data is no longer accessible online for security reasons. The contract text should be saved by the customer by printing the offer using the print function of the browser. Storing the contract text in a reproducible form should be carried out by the customer (e.g., by taking a screenshot of the offer or converting the contract text into PDF format).

3. Prices, Shipping Costs, VAT, and Payment

(1) The prices listed on the product pages are net prices excluding the applicable VAT, except for goods purchased from private individuals. In such cases: the prices listed on the product pages are final prices. This is clearly indicated in the product description.

(2) In addition to the stated prices, we charge shipping costs for each order. Please note that higher shipping costs apply for indicated shipments abroad. Shipping costs are clearly stated with each item. Shipping costs are clearly displayed in the shopping cart system and on the order page.

(3) If goods are delivered at the customer’s request abroad, the customer bears all taxes, customs duties, and any other charges applicable abroad.

(4) Payment is made at the customer’s option using the following payment methods: advance payment or cash on delivery. If advance payment is chosen, we provide our bank details on the invoice and deliver the goods within 14 working days after full payment. We also offer long-standing customers the option of payment on account.

(5) In case of late payment by the customer, the Seller may claim damages in accordance with the statutory provisions and/or withdraw from the contract.

(6) The Seller always issues an invoice to the customer, which is handed over to the customer upon delivery of the goods or sent in another text form.

4. Delivery and Transfer of Risk

(1) Ordered goods, unless otherwise agreed in the product description, are shipped by the Seller to the delivery address provided by the customer. The delivery address specified in the Seller’s order processing is decisive for the execution of the order.

(2) The Seller is entitled to make partial deliveries, provided this is reasonable for the customer.

(3) The risk of accidental loss and accidental deterioration of the goods passes to the customer upon delivery, at the latest upon leaving the Seller’s warehouse. This also applies to freight and free shipments. If shipping is delayed due to circumstances for which the customer is responsible, the risk passes to the customer from the day of readiness for shipment. In such cases, storage costs are borne by the customer.

(4) The customer is obliged to check the goods immediately for transport damage and to notify the Seller of visible damage. Failure to comply does not affect the customer’s statutory claims.

5. Prohibition of Set-Off and Retention Rights

(1) The customer is entitled to set-off only if their counterclaims are legally established or undisputed.

(2) The customer may exercise a right of retention only if their counterclaim is based on the same contractual relationship.

6. Retention of Title

(1) The goods remain the property of the Seller until full payment of all claims arising from the ongoing business relationship.

(2) The customer is obliged to handle the goods with care until ownership passes to them.

(3) The customer is obliged to immediately notify the Seller in writing of any third-party interventions regarding the goods, particularly enforcement measures, as well as any damage or destruction of the goods. The customer must promptly notify the Seller of a change of ownership of the goods and a change of their own address.

(4) In case of breach of contract by the customer, particularly in case of late payment or breach of obligation according to points (2) and (3) of this clause, the Seller is entitled to withdraw from the contract and demand the return of the goods.

7. Warranty

(1) The statutory warranty rights apply to the goods offered.

(2) The customer is entitled to warranty as long as the purchased and delivered goods are defective. Under the legal provisions, the customer is entitled to request supplementary performance, withdraw from the contract, or reduce the purchase price.

(3) In case of obvious material or manufacturing defects of the delivered goods, including transport damage, we ask that such defects be reported to us or the transport company’s employee delivering the goods immediately. Failure to report this complaint does not affect the customer’s statutory claims.

8. Liability

(1) The Seller’s liability for breach of contractual obligations and tort is limited to intentional acts and gross negligence. This does not apply to injuries to the body, life, and health of the customer, claims due to breach of essential contractual obligations, i.e., obligations arising from the nature of the contract, the breach of which endangers the achievement of the contract’s purpose, and compensation for delay (§ 286 BGB). In these cases, the Seller is liable for any culpability.

(2) The above limitation of liability also applies to slight negligence on the part of the Seller’s legal representatives.

(3) If the damage suffered by the customer is to be compensated by the Seller, the amount of compensation is limited to the amount covered by the Seller’s product liability insurance.

(4) The above limitations of liability also apply to the Seller’s legal representatives and agents if claims are made directly against them.

(5) Claims under the Product Liability Act remain unaffected.

9. Information on Market Introduction, Take-Back, and Environmentally Friendly Disposal of Electrical and Electronic Equipment

The customer is informed about their obligations under the regulations on the market introduction, take-back, and environmentally friendly disposal of electrical and electronic equipment (ElektroG). The customer must ensure that the respective equipment is delivered at their own cost to an approved collection point for environmentally friendly disposal of electrical and electronic equipment.

10. Data Protection

(1) The Seller processes the customer’s personal data in accordance with the applicable data protection regulations.

(2) The customer’s personal data is collected, processed, and used only to the extent necessary for the execution of the contract. More information can be found in the Seller’s data protection statement.

(3) Without the customer’s consent, the Seller will not use the customer’s data for advertising, marketing, or opinion research purposes.

(4) The customer has the right to obtain free information about the data stored about them by the Seller at any time. Furthermore, the customer has the right to correct, block, and delete incorrect data, provided there is no statutory obligation to retain it.

11. Applicable Law and Jurisdiction

(1) All legal relations between the Seller and the customer are subject to the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

(2) If the customer is a merchant within the meaning of the German Commercial Code (HGB), the exclusive jurisdiction for all disputes arising from the contractual relationship between the customer and the Seller is the Seller’s place of business.

12. Severability Clause

If individual provisions of these general terms and conditions are wholly or partially invalid or become invalid, this does not affect the validity of the remaining provisions. Instead of the invalid provisions, the statutory provisions apply.