General Terms and Conditions of Delivery and Payment
1. Scope of Application
For all orders via our online store by consumers and entrepreneurs, the following general terms and conditions apply. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity. With respect to entrepreneurs, these GTC shall also apply to future business relations without our having to refer to them again. If the customer is an entrepreneur, the following shall apply additionally: Deviating general terms and conditions of the entrepreneur shall not be recognized unless we expressly agree to their validity in writing.
2. Contracting Party, Conclusion of Contract
In Germany, the purchase contract is concluded with ZINGERLRE GROUP Deutschland GmbH; in Austria with ZINGERLE GROUP Österreich GmbH. The presentation of the products on our website is not a legally binding offer, but a non-binding online catalog. You can place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction tools provided and explained for this purpose in the order process. By clicking the order button, you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order will be sent by e-mail immediately after sending the order. When the contract with us is concluded, depends on the payment method you have chosen:
3. Cancellation Policy
Right of Withdrawal
As a consumer, you have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. To exercise your right of withdrawal, you must inform us:
- in Germany: ZINGERLE GROUP Deutschland GmbH, Zur Aumühle 34, 89257 Illertissen, firstname.lastname@example.org, Phone: +49 (0) 7303 95215-0, Fax: +49 (0) 7303 95215-29
- in Austria: ZINGERLE GROUP Österreich GmbH, Hegergasse 10/6, A-1030 Wien, email@example.com, Tel.: +43 (0) 191 392 42, Telefax: +43 (0) 125 330 334 880
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. For this purpose, you may use the enclosed sample revocation form, which, however, is not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the 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 delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this reimbursement, 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 reimbursement. 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. You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. We shall bear the direct costs of the return shipment. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
Exclusion of the Right of Withdrawal
The right of revocation shall not apply
- in the case of contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the buyer is decisive or which are clearly tailored to the personal needs of the buyer.
- for contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature.
- for entrepreneurs
- Please avoid damage and contamination of the goods. If possible, please return the goods to us in the original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide adequate protection against transport damage with suitable packaging.
- If possible, please do not return the goods to us freight collect.
- Please note that the aforementioned items 1-2 are not a prerequisite for the effective exercise of the right of return.
Sample Cancellation Form
(If you want to revoke the contract, please fill out this form and send it back).
- In Germany: to ZINGERLE GROUP Deutschland GmbH, Zur Aumühle 34, 89257 Illertissen, firstname.lastname@example.org, Fax: +49 (0) 7303 95215-29
In Austria: to ZINGERLE GROUP Österreich GmbH, Hegergasse 10/6, A-1030 Wien, email@example.com, Telefax: +43 (0) 125 330 334 880
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of consumer(s) (only in case of paper communication)
(*) Delete where not applicable.
End of the Cancellation Policy.
4. Contract Language, Contract Text Storage
The language available for the conclusion of the contract is German. We store the text of the contract and send you the order data and our GTC by e-mail. You can also view the GTC here on our website at any time.
5. Delivery Conditions
In Germany, the shipping costs are included in the indicated product prices. In Austria, the shipping costs are added to the stated product prices - you can find the exact shipping costs for Austria here. You always have the option of collecting the goods from ZINGERLE GROUP Deutschland, Zur Aumühle 34, 89257 Illertissen during the following business hours: Monday-Thursday from 8 am to 4 pm and Friday from 8 am to 12 pm.
We offer the following payment options: Credit card, PayPal, prepayment, Giropay and invoice.
If you pay by credit card, we will reserve an amount up to the total amount of the order on your credit card when you place your order. If we do not receive authorisation from your credit card provider, we will inform you so that you can provide us with another means of payment. Your credit card will be charged as soon as we accept your order.
Customers placing an order with PayPal will be directed to the PayPal website. There they must log in with their PayPal username and password. Before submitting the order, customers should check that the total amount and billing details are correct. Customers who do not yet have a PayPal account can still choose this payment option and set up a new account later or pay as a guest. If an order consists of several deliveries, the PayPal account used for payment will be charged separately for each delivery.
Further information on all payment methods can be found here.
7. Retention of Title
The goods remain our property until full payment has been received.
For entrepreneurs, the following applies in addition: We retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations.
Unless expressly agreed otherwise below, the statutory law on liability for defects shall apply. For consumers, the statutory rules for limitation and claims for defects apply. For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected. If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion by remedying the defect (rectification) or by delivering an item free of defects (replacement delivery). The aforementioned restrictions and shortened periods shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents in the following cases.
- In the event of injury to life, limb or health
- in case of intentional or grossly negligent breach of duty as well as fraudulent intent
- in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- within the scope of a guarantee promise, insofar as agreed
- insofar as the scope of application of the Product Liability Act is opened.
Information on any additional warranties that may apply and their exact conditions can be found with the product and on special information pages in the online shop. Customer service: You can reach our customer service for questions, complaints and objections on weekdays from 9 am to 4 pm:
For claims based on damage caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation
- In the event of injury to life, limb or health,
- In the event of intentional or grossly negligent breach of duty,
- In the case of warranty promises, insofar as agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of material contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
10. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here http://ec.europa.eu/consumers/odr/.
We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
11. Place of Jurisdiction for Entrepreneurs
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us shall be our registered office.
Status January 2023