Terms and Conditions
for the online shop at https://zanchos.com
by
Zanchos – Owner: Malte Harms
c/o Block Services, Stuttgarter Str. 106
70736 Fellbach
Email: info@zanchos.com
(hereinafter: Provider)
for the sale of products to consumers and businesses
(hereinafter: Customers)
Scope
The sale of the provider’s products offered through the online shop at the URL mentioned above is based exclusively on the following General Terms and Conditions (GTC) valid at the time the contract is concluded.
The present GTC apply exclusively. Deviating terms and conditions of the customer shall not apply unless the provider and the customer have expressly agreed otherwise.
Unless otherwise agreed, these GTC shall also apply to the following contracts:
Delivery of vouchers
Definitions, Limitations
The subject matter of the contract is the one-time delivery of goods.
Conclusion of Contract
The offers on the provider’s website constitute a non-binding invitation to the customer to order products (goods). By submitting the order (clicking the “buy now” button) on the provider’s website, the customer submits a binding offer to conclude a contract.
Confirmation of receipt of the order follows immediately after the order is submitted and does not generally constitute acceptance of the contract. The provider may accept the offer within five days by sending a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the customer is decisive, or by delivering the ordered goods, whereby receipt of the goods by the customer is decisive, or by requesting payment from the customer after the order has been placed. If several of the aforementioned alternatives occur, the contract shall be concluded at the time when one of the alternatives first occurs. If the provider does not declare acceptance within the aforementioned period, this shall be deemed a rejection with the result that the customer is no longer bound by their declaration of intent.
When submitting an offer via the provider’s online order form, the contract text is stored by the provider and sent to the customer after submission of their order together with these GTC in text form (e.g. by email, fax or letter).
Before submitting the order bindingly via the provider’s online order form, the customer can continuously correct their entries using the usual keyboard and mouse functions. In addition, all entries are displayed once again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
The contract is available in German and English.
Special Conditions for Processing Goods According to the Customer’s Specifications
If, according to the content of the contract, the provider is also obliged to process the goods according to the customer’s specifications, the customer must provide the provider with all necessary content such as texts, images, or graphics in the specified file formats, formatting, image, and file sizes and grant the provider the necessary usage rights. The customer is solely responsible for obtaining and owning the rights to this content. The customer declares and assumes responsibility that they have the right to use the provided content. In particular, the customer ensures that no third-party rights are infringed, especially copyrights, trademark rights, or personal rights.
The customer shall indemnify the provider against any claims by third parties arising in connection with the violation of their rights through the contractual use of the customer’s content by the provider. The customer shall also bear the necessary costs of legal defense, including all court and attorney fees at the statutory rate. This does not apply if the infringement was not caused by the customer. The customer is obliged to provide the provider immediately, truthfully, and completely with all information necessary for the examination of claims and defense in the event of a third-party claim.
The provider reserves the right to reject processing orders if the content provided by the customer violates statutory or official prohibitions or common decency. This applies in particular to the provision of unconstitutional, racist, discriminatory, insulting, harmful to minors, and/or violence-glorifying content.
Redemption of Promotional Vouchers
Vouchers issued by the provider free of charge within promotional campaigns and with a specific validity period that cannot be purchased by the customer (hereinafter “promotional vouchers”) can only be redeemed on the provider’s website under the corresponding conditions.
Promotional vouchers can only be redeemed by consumers.
Individual products may be excluded from the voucher campaign if such an exclusion results from the content of the promotional voucher.
If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the provider may be used to settle the difference.
The promotional voucher will not be refunded if the customer returns goods paid for wholly or partly with the promotional voucher within the scope of their statutory right of withdrawal.
The promotional voucher is transferable. The provider may perform with discharging effect to the respective holder who redeems the promotional voucher. This does not apply if the provider has knowledge or grossly negligent ignorance of the lack of authorization, legal incapacity, or lack of representative authority of the respective holder.
Redemption of Gift Vouchers
Vouchers that can be purchased via the provider’s website (hereinafter “gift vouchers”) can only be redeemed on the provider’s website unless otherwise stated on the voucher.
Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of purchase. Remaining balances are credited to the customer until the expiry date.
Gift vouchers can only be used to purchase goods, not additional gift vouchers.
If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the provider may be used to settle the difference.
The gift voucher is transferable. The provider may perform with discharging effect to the respective holder who redeems the gift voucher. This does not apply if the provider has knowledge or grossly negligent ignorance of the lack of authorization, legal incapacity, or lack of representative authority of the respective holder.
Payment
The prices listed on the provider’s website at the time of the order apply. All prices include statutory VAT and any applicable shipping costs.
The payment methods listed on the provider’s website are available.
If the customer is in default of payment, the provider is entitled to charge default interest at a rate of five percentage points above the base rate of the European Central Bank for consumers and nine percentage points for businesses. If the provider asserts further damages caused by default, the customer has the right to prove that such damages were not incurred at all or were incurred to a lesser extent.
Retention of Title
Delivery
The delivery times can be found on the provider’s website. The provider will indicate any deviating delivery times on the respective product page. The start of the delivery time specified by the provider presupposes the timely and proper fulfillment of the customer’s obligations, in particular the correct specification of the delivery address during the order process.
If goods are delivered by freight carrier, delivery shall – unless otherwise agreed – be made “free curbside,” i.e., to the public curb closest to the delivery address.
Vouchers are provided to the customer as follows:
by download
by email
Warranty
Statutory liability for defects applies. Deviating from this, the following applies to contracts for the delivery of goods:
The aforementioned limitations of liability and shortening of periods do not apply
to claims for damages and reimbursement of expenses by the customer
if the provider has fraudulently concealed the defect
to goods that have been used for a building in accordance with their usual use and have caused its defectiveness
Liability
The provider is liable to the customer for all contractual, quasi-contractual, and statutory, including tortious claims for damages and reimbursement of expenses as follows:
- The provider is liable without limitation for any legal reason in cases of intent or gross negligence, for intentional or negligent injury to life, body, or health, based on a guarantee promise, unless otherwise regulated, or based on mandatory liability such as under the Product Liability Act.
- If the provider negligently breaches an essential contractual obligation, liability is limited to the foreseeable, contract-typical damage, unless unlimited liability applies according to the above paragraph. Essential contractual obligations are obligations that the contract imposes on the provider according to its content for the achievement of the contractual purpose, the fulfillment of which enables the proper performance of the contract in the first place, and on whose compliance the customer regularly relies and may rely.
Otherwise, the provider’s liability is excluded.
The above liability provisions also apply with regard to the provider’s liability for its agents and legal representatives.
The customer shall indemnify the provider against all claims by third parties – including legal defense costs at statutory rates – which are asserted against the provider due to unlawful or contractual breaches by the customer.
Information on Online Dispute Resolution / Consumer Mediation
The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. The provider is neither willing nor obliged to participate in a consumer dispute resolution procedure under the VSBG.
Final Provisions
The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.
If the customer is a merchant, a legal entity under public law, or a special fund under public law, the court at the provider’s place of business shall have jurisdiction, unless an exclusive place of jurisdiction is established. This also applies if the customer has no residence within the European Union. The provider’s place of business can be found in the heading of these GTC.
If any provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.
Version: 04.11.1995