GENERAL TERMS AND CONDITIONS
I. General Terms and Conditions
Section 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a provider (ZENAKU) via the website www.zenaku-shop.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions used by you will be objected to.
(2) Consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes which cannot be attributed predominantly to his commercial or self-employed professional activity. The entrepreneur is any natural or legal person or a partnership with legal capacity that acts in the course of its independent professional or commercial activity when entering into a legal transaction.
Section 2 Conclusion of the contract
(1) The object of the contract is the sale of goods.
(2) Already by posting the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the article description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are stored in the "shopping cart." Via the corresponding button in the navigation bar you can call up the "shopping cart" and make changes there at any time.
After accessing the "Case" page and entering the personal data as well as the payment and shipping conditions, the order data will be displayed as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Sofortüberweisung) as a payment method, you will either be taken to the order overview page in our online shop or forwarded to the website of the provider of the Sofortzahl system.
If a forwarding to the respective instant number system takes place, you make the corresponding selection or input of your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the Sofortzahl system or after you have been redirected back to our online shop.
Before submitting the order, you have the option to check the information in the order overview again, to change it (also via the "back" function of the Internet browser) or to cancel the order.
By submitting the order via the corresponding button ("buy" or similar designation), you declare legally binding acceptance of the offer, whereby the contract is concluded.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically ensured and, in particular, that SPAM filters do not prevent them.
Section 3 Right of retention, retention of title
(1) You can only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
Section 4 Guarantee
(1) There are statutory liability rights.
(2) As a consumer, you are asked to check the matter immediately for completeness, obvious defects and transport damage upon delivery and to inform us and the freight forwarder of any complaints as soon as possible. If you do not comply, this will not affect your statutory warranty claims.
Section 5 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law only applies if this does not deprive the protection granted by mandatory provisions of the law of the country of the habitual residence of the consumer (principle of invalidity).
(2) The place of performance for all services arising from the existing business relationships with us as well as the place of jurisdiction is our registered office, insofar as you are not a consumer, but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual residence is not known at the time of the action. The power to also bring proceedings before the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Sales Convention expressly do not apply.
II. Customer information
1. Identity of the seller
Jasmin Kuhn
Zum Häsebusch 2
27628 Hagen
Germany
Phone: 0162 7280201
Email: [email protected]
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction possibilities are carried out in accordance with the regulations "Condition of the contract" of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically secured via the print function of the browser. After receipt of the order with us, the order data, the legally prescribed information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.
4. Essential characteristics of the goods or service
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment methods
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the order process and are to be borne by you in addition, unless the shipping-free delivery is promised.
5.3. If the delivery is made to countries outside the European Union, we may incur any additional costs for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions) to be borne by you.
5.4. The costs incurred by the transfer of funds (transfer or exchange rate fees of the credit institutions) shall be borne by you in cases where the delivery takes place in an EU Member State, but the payment has been arranged outside the European Union.
5.5. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.6. Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Terms of delivery
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during dispatch shall only pass to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or a person otherwise designated for the execution of the shipment.
7. Statutory liability for defects
The liability for defects is governed by the "Warranty" regulation in our General Terms and Conditions (Part I).
These GTC and customer information were created by the lawyers of the Händlerbund, who specialize in IT law, and are permanently checked for legal compliance.
Last updated: 03.04.2022