GTCs

1) Scope

a) The General Terms and Conditions (hereinafter referred to as “Terms and Conditions”) in the version valid at the time of conclusion of the purchase contract also apply to all future purchase contracts if there has been a clear reference to the inclusion of the T&Cs beforehand, even if they are not expressly agreed again beforehand .

b) Terms and conditions that deviate from, conflict with or supplement these General Terms and Conditions will generally not become part of the contract, even if they are known, unless their validity is expressly agreed to.

2) Conclusion of contract

a) The presentation of the products in the online shop does not represent a legally binding offer, but rather a non-binding online catalog. By clicking on the “Order with obligation to pay” button, you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of the order follows immediately after sending the order and does not constitute acceptance of the contract. We can accept your order by sending an order confirmation by email or by delivering the goods within two days.

b) The weight and dimension information, drawings, explanations, descriptions and illustrations contained in the product descriptions are approximate values ​​that are standard in the industry
therefore no guarantee of these properties.

c) You can read and save the contractual terms and conditions in the confirmation of receipt of the order that we send by email before or upon conclusion of the contract. The associated terms and conditions can be accessed and saved in a replayable form before and upon conclusion of the contract under the link “Our General Terms and Conditions”. The contract text will not be stored separately by us after the contract has been concluded and will therefore no longer be accessible or retrievable to you after the contract has been concluded.

d) You can correct input errors before you go to checkout after you have selected the product(s) by typing “0” (zero) in the “Quantity” field. To do this, you must then update the shopping cart using the “Update” function. You can also correct the quantity under “Quantity” by executing the “Update” function after changing the number.

e) The conclusion of the purchase contract with entrepreneurs is subject to the reservation that in the event of incorrect or improper self-delivery by suppliers, they will not be able to deliver or will only be able to do so in part. This only applies in the event that A. Zick (Gall & Zick) is not responsible for the non-delivery, especially if a congruent hedging transaction has been concluded with suppliers. In the event of non-availability or only partial availability of the service, the entrepreneur will be informed immediately and the consideration will be refunded to the entrepreneur immediately.

f) In the event that an ordered item is not available, the company A. Zick (Gall & Zick) reserves the right to provide consumers with a service (goods or service) of equivalent quality and price, provided this is reasonable for the customer and in writing agrees to the replacement delivery. If a service of equivalent quality and price cannot be provided or if the customer does not agree, A. Zick (Gall & Zick) cannot provide the promised service. In this case, the legal regulations apply.

g) The place of performance for contracts with entrepreneurs for all contractual and legal claims is generally the registered office of A. Zick (Gall & Zick) GmbH in Althengstett.

h) The contract and communication language is German.

3) Right of withdrawal for consumers

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reasons.
The cancellation 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 last goods.

In order to exercise your right of withdrawal, you must contact us (the company Albrecht Zick (Gall & Zick), Im Forstgarten 17, 75382 Althengstett Tel: 07051 / 700130, Fax: 07051 / 700128 and shop@gallzick.de) by means of a clear declaration (e.g. (e.g. a letter sent by post, fax or email) to inform you of your decision to revoke this contract. You can use the attached sample cancellation form, although this is not mandatory. Link to the cancellation form

In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

Consequences of revocation

If you cancel this contract, we will have to pay you all payments we have received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired. You bear the direct costs of returning the goods. You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

End of revocation

Exclusion and premature expiry of the right of withdrawal

The right of withdrawal does not apply to contracts

• for the supply of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
• for the delivery of goods that can spoil quickly or whose expiry date would quickly be exceeded;
• for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered no earlier than 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence;
• for the delivery of newspapers, magazines or magazines with the exception of subscription contracts.

 

The right of withdrawal expires prematurely for contracts

• for the delivery of sealed goods which are not suitable for return for health protection or hygiene reasons if their seal has been removed after delivery;
• for the delivery of goods if, due to their nature, they were inseparably mixed with other goods after delivery;
• to deliver audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
  
  

4) Delivery conditions

a) Delivery time approx. 1-3 working days*
* Applies to deliveries to Germany. Delivery times for other countries and information on calculating the delivery date see delivery and payment conditions. The deadline for delivery begins on the day after the payment order is issued to the transferring credit institution if payment is made in advance or on the day after the order is submitted for other payment methods and ends at the end of the last day of the deadline. If the last day of the deadline falls on a Sunday or a public holiday recognized by the state at the place of delivery, such a day will be replaced by the next working day.

b) All prices mentioned include the applicable statutory taxes.

c) Unless otherwise agreed, the price information in the offers excludes the costs of packaging, freight, postage and insurance. The amount of these costs depends on the information provided in the specific offer and must be paid in addition to the purchase price.

d) Any ambiguities regarding transport costs are at the expense of A. Zick (Gall & Zick), so that only the lower transport costs have to be paid by the contractual partner.

e) Unless an express agreement has been made, the choice of shipping method is at the discretion of Albrecht Zick (Gall & Zick).

f) The company Albrecht Zick (Gall & Zick) is entitled to partial performance provided that this does not result in any significant disadvantages for the contractual partner. The rights under Section 320 of the German Civil Code (BGB) are not affected by this.

g) For entrepreneurs, the risk of accidental loss and accidental deterioration of the item sold - in the case of a mail order purchase - passes to the transporter upon handover.

h) The minimum order value per order is €19.90

5) Payment terms

a) With our offers, the customer can generally choose between the payment methods PayPal, credit card, Sepa direct debit, cash on delivery (plus 8.00 euros cash on delivery fee) or advance payment. For further details, please see the delivery and payment conditions. The company A.Zick (Gall & Zick) reserves the right to exclude individual payment methods if this is already stated in the offer.

b) If payment is made in advance, the company Albrecht Zick (Gall & Zick) is only obliged to deliver the goods once the customer has made full payment for the goods.

6) Retention of title

a) For consumers, the company Albrecht Zick (Gall & Zick) reserves ownership of the items sold until the purchase price has been paid in full.

b) For entrepreneurs, Albrecht Zick (Gall & Zick) reserves ownership of the reserved goods until all claims from the ongoing business relationship have been paid in full.

7) Limitation of Liability

a) The following limitations of liability do not apply to bodily harm, damage to health or loss of life attributable to A.Zick (Gall & Zick). In addition, they do not affect the contractual partner's claims arising from mandatory legal regulations such as product liability.

b) The company Albrecht Zick (Gall & Zick) is not liable to entrepreneurs in the event of minor breaches of contractual obligations caused by slight negligence.

c) In the case of slightly negligent breaches of duty, the liability of Albrecht Zick (Gall & Zick) is limited to foreseeable, direct damage typical of the contract, unless greater damage can be proven.
The company Albrecht Zick (Gall & Zick) is liable for damages caused by simple negligence, provided that no main obligation to perform is violated (e.g. in the purchase contract: handover of the purchased item and acquisition of ownership by the seller as well as payment of the purchase price and acceptance of the purchased item by the buyer). was limited to what was foreseeable and typical for the contract
damage occurred, unless greater damage can be proven.

d) The limitations of liability also extend to the attributable breaches of duty by the vicarious agents employed by the company Albrecht Zick (Gall & Zick).

8) Warranty

a) The warranty period is 2 years for consumer contracts in accordance with Section 438 Paragraph 1 No. 3 BGB and 1 year from delivery of the goods for contracts with entrepreneurs. The statutory limitation periods for the right of recourse according to § 478 BGB as well as for claims for damages arising from injury to life, body or health remain unaffected and unrestricted.

b) The defects in the special items known to the contractual partner at the time the contract was concluded are excluded from the warranty.

c) For any products with a manufacturer's warranty, this does not restrict the consumer's legal rights (liability for defects).

d) The presentation of the goods does not contain any guarantee of properties, but is only to be understood as a service description.

9) Data Collection/Privacy

a) Collection, processing and use of personal data: You can visit our site without providing any personal information. We only store access data without personal reference, such as: B. the name of your Internet service provider, the page from which you visit us. This data is evaluated exclusively to improve our offering and does not allow any conclusions to be drawn about you personally. Personal data is only collected if you voluntarily provide it to us as part of your order for goods or when opening a customer account or registering for our newsletter. We use the data you provide without your separate consent exclusively to fulfill and process your order. Once the contract has been completed and the purchase price has been paid in full, your data will be blocked for further use and deleted after the tax and commercial law retention periods have expired, unless you have expressly consented to the further use of your data. When you register for the newsletter, your email address will be used for our own advertising purposes until you unsubscribe from the newsletter. The deregistration is possible at any time.

b) Use of cookies: We use cookies on various pages to make visiting our website attractive and to enable the use of certain functions. These are small text files that are stored on your computer. Most of the cookies we use are deleted from your hard drive at the end of the browser session (so-called session cookies). Other cookies remain on your computer and enable us to recognize your computer on your next visit (so-called permanent cookies). Our partner companies are not permitted to collect, process or use personal data via our website using cookies.

c) Transfer of personal data: Your data will be passed on to the shipping company commissioned with the delivery, to the extent that this is necessary to deliver the goods. Your legitimate interests will be taken into account in accordance with legal regulations. Your data will not be passed on to other third parties.

d) Right to information: According to the Federal Data Protection Act, you have a right to free information about your stored data and, if necessary, a right to correct, block or delete this data.

e) Revocation of consent: You may have expressly given the following consent. We would like to point out that you can revoke your consent at any time with effect for the future.

f) Contact person for data protection: If you have any questions about the collection, processing or use of your personal data, information, correction, blocking or deletion of data or revocation of consent given, please contact: A.Zick (Gall & Zick), Albrecht Zick , Im Forstgarten 17, 75382 Althengstett

10) No liability for “links”

The company A.Zick (Gall & Zick) hereby expressly distances itself from all contents of linked pages or graphics and does not adopt them as its own under any circumstances. All violations of applicable law, custom or morality that become known to Gall & Zick will result in the immediate deletion of the corresponding links, graphics, entries or similar.

11) Choice of Law

The law of the Federal Republic of Germany. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence. The provisions of the United Nations Convention on Contracts for the International Sale of Goods do not apply.

12) Place of jurisdiction

If the contractual partner is a merchant or a legal entity under public law, the exclusive place of jurisdiction for all disputes arising from this contractual relationship is the registered office of A.Zick (Gall & Zick) in Althengstett. This also applies if the contractual partner does not have a general place of jurisdiction in Germany or if his domicile or usual place of residence is unknown at the time the action is filed. For contractual partners with a place of business or residence outside of Germany, the company A.Zick (Gall & Zick) can also file a lawsuit at the place of residence or place of business of the contractual partner.

 

13) Consumer information, complaints procedure

The EU Commission is expected to provide an online platform for online dispute resolution (OS platform) at ec.europa.eu/consumers/odr/ from February 15, 2016. Currently this OS platform is not fully functional. We will inform you here as soon as the OS platform is ready for use.