GENERAL BUSINESS TERMS, CUSTOMER INFORMATION AND PRIVACY STATEMENT
General Business Terms of NZG Nürnberger Zinkdruckguss-Modelle GmbH
1. General information
1.1 Customers within the meaning of these General Business Terms (German abbreviations: AGB) can be both consumers as well as entrepreneurs.
1.2 An entrepreneur is a natural person or legal entity or a partnership with legal capacity, which acts while performing its commercial or self-employed professional activity with the conclusion of a legal transactions. A partnership with legal capacity is a partnership, which is equipped with the ability to acquire rights and enter into liabilities.
1.3 A consumer is each natural person, who concludes a legal transaction for purposes, which can mainly neither be attributed to his commercial, nor his self-employed professional activity.
2. Offer, conclusion of contract
The products and services listed within the online shop by the seller do not represent any offers which bind the seller; it rather concerns the request to the customer to submit a binding offer by submitting an order.
By sending the order from the "virtual shopping basket" the customer places a binding order for the articles contained in this shopping basket. The seller will confirm the receipt of this order towards the customer immediately by e-mail.
The purchase contract shall be concluded with the explicit acceptance of the order in a text form or delivery of the goods by the seller. The seller is accordingly entitled to accept the contractual offer of the customer within two workdays after receipt of the order.
3. Prices, shipping costs
All stated prices are total prices including value added tax plus shipping costs. The costs for packaging and shipment can be seen from the respective offer.
4. Reservation of title
The goods delivered by the seller shall remain its property until the full payment.
5. Means of payment; delivery; delivery restrictions; shipping costs; passing of risk
5.1 You can see the means of payment, which we accept from our Internet presence. The delivery is carried out at the respective shipping costs shown with the description of the article. We shall point out possible delivery restrictions insofar as these exist.
5.2 If the customer is a consumer the seller shall in any case bear the shipping risk irrespective of the type of shipment. If the customer is an entrepreneur all risks and hazards of the shipment shall pass to the customer as soon as the goods have been handed over by the seller to the commissioned logistics partner.
6. Revocation instructions
The right of revocation shall not exist if you are an entrepreneur (cf. Subclause 1.2 of our General Business Terms) within the meaning of Section 14 German Civil Code (BGB). The following shall apply to consumers (each natural person, who concludes a legal transaction for purposes, which can mainly neither be attributed to their commercial, nor their self-employed professional activity):
Right of revocation
You are entitled to revoke this contract within 14 days without stating any reasons. The deadline for revocation is 14 days from the day on which you or a third party named by you, who is not the carrier, has or have taken the goods into possession. In order to exercise your right of revocation you must inform us
NZG Nürnberger Zinkdruckguss-Modelle GmbH
Managing Directors: Ms Inge Ludwig, Mr Michael Ludwig
Phone: 0911 - 659650
Fax: 0911 - 611776
by means of a clear declaration (e.g. a letter sent by post, telephone, fax or by e-mail) about your decision to revoke this contract. For this purpose you can use the enclosed sample revocation form, which is however not stipulated. In order to safeguard the deadline for revocation it is sufficient if you send the notification concerning the exercising of the right of revocation before expiry of the deadline for revocation.
Consequences of the revocation
If you revoke this contract we have to repay you all payments, which we have received from you, including the delivery costs (with the exception of the additional costs, which arise from the fact that you have chosen another type of delivery than the most reasonable standard delivery offered by us) immediately and by no later than within fourteen days from the day on which we received the notification concerning your revocation of this contract. For this repayment we will use the same means of payment that you used with the original transaction unless otherwise explicitly agreed with you; in no way will charges be made to you owing to this repayment. We can refuse the repayment until the goods have been returned to us or until you have provided proof that you have returned the goods, depending on which is the earlier time. You have to return or hand over the goods to us immediately and in any case by no later than within fourteen days from the day, on which you inform us about the revocation of this contract. The deadline shall have been adhered to if you send the goods before the expiry of the deadline of fourteen days. You shall bear the direct costs for returning the goods.You must only pay for a possible loss of value of the goods if this loss of value is due to a handling of said goods that is not necessary for the inspection of the condition, properties and method of functioning of the goods.
(If you intend to revoke the contract then please complete this form and return it.)
NZG Nürnberger Zinkdruckguss-Modelle GmbH
Managing Directors: Frau Inge Ludwig, Herr Michael Ludwig
Telefax: 0911 - 611776
I/we (*) hereby revoke the contract by me/us (*) concerning the purchase of the
following goods (*) ………………………………………………………………………………
ordered on (*) ………………………………………………………………………………
received on (*) ………………………………………………………………………………
Name of the consumer(s) ……..……………………………………………………………….
Address of the consumer(s) ………………………………………………………………….
Date, signature of the consumer(s)
(*) Please delete that which is not applicable.
7.1 The right of revocation shall not exist, insofar as the parties have not agreed otherwise, with the following contracts:
• Contracts for the delivery of goods, which have not been prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which have been clearly customized to meet the personal needs of the consumer,
• Contracts concerning the delivery of newspapers, magazines or illustrated magazines with the exception of subscription contracts,
The right of revocation shall lapse prematurely insofar as not otherwise agreed by the parties, with the following contracts:
• Contracts concerning the delivery of sealed goods, which for reasons of health protection or hygiene are not suitable for return if their sealing was removed after the delivery,
• Contracts concerning the delivery of goods if these were inseparably mixed with other goods after the delivery owing to their condition,
7.2 Please avoid damages to and contamination of the goods. Please return the goods to us as far as possible in the original packaging with all accessories and with all packaging parts. Use, if applicable, a protective surrounding packaging. If you no longer possess the original packaging please ensure sufficient protection against damages in transit with suitable packaging.
7.3 Please note that the above Subclause 7.2 is not the pre-requisite for the valid exercising of the right of revocation.
8. Compensation for value in case of revocation
Notwithstanding Section 346 Par. 2 No. 3 BGB in case of a revocation of the contract the customer has to pay compensation for a loss of value to the goods if the loss of value is a result of a handling of the goods, which was not necessary in order to inspect the condition, the properties and the method of function of the goods, and we have informed the customer about his right of revocation according to Article 246a Section 1 Par. 2 Sentence 1 Number 1 of the Introductory Act to the BGB.
9. Right to liability for defects, warranty rights, liability
A statutory right to liability for defects exists for all of our goods. The statutory regulations shall apply to the liability and warranty.
The warranty deadline with used articles is 12 months. Claims for damages shall remain unaffected by this regulation. Possible guarantees shall not restrict the statutory warranty claims.
10. Consumer information in case of distance selling contracts concerning the acquisition of goods
10.1 The seller is not subject to special Codes of Conduct which are not mentioned above.
10.2 For the essential features of the goods offered by the seller as well as the period of validity of limited offers please refer to the individual product descriptions within the framework of the Internet offer. The languages available for the conclusion of the contract are exclusively German and English.
10.3 You can submit complaints and warranty claims at the address stated in the provider identification. Please refer to the offer for information regarding the payment, delivery or fulfilment.
10.4.1 In the online shop you initially place the selected goods in the shopping basket. If you have chosen all requested articles then you can go to the checkout. If you are already a customer then you can login by entering your e-mail address and password. If you are a new customer then you can either go to the checkout as a guest or register in the shop. First of all you must enter your contact details. After this you can choose the type of shipment and method of payment and finally place your order by clicking on the button “order liable to payment”. Until then you have the possibility to recognise and check your inputs and, if applicable, after pressing the “back” button of your browser to correct these on the previous page or to abort the order process by leaving the site.
10.5 The seller shall not save the contractual text itself after conclusion of the contract and the seller will not make the contractual text available to the customer itself either. We will however send the customer an order confirmation after conclusion of the contract with all details to the e-mail address entered by you, in which you are informed once again of all essential data of your order, our General Business Terms, your revocation instructions. You have the possibility to print out both the General Business Terms as well as your order with all entered data during the order process. By the print function of your browser you further have the possibility to print out the contractual text. You can also store the contractual text by storing the website on your computer by a click on the right mouse button. After concluding the order processing the contractual text will no longer be accessible to you.
11. Final provisions
11.1 The law of the Federal Republic of Germany will apply to the contractual relationship between the seller and the customer as well as to the respective business terms. Insofar as the customer is a consumer the applicable statutory regulations and rights existing according to the law of the customer’s country of abode for the benefit of the consumer shall remain unaffected by this agreement. The application of the UN Convention on Contracts concerning the International Sale of goods is excluded.
11.2 If the afore-mentioned provisions have not become a part of the contract in full or in part or are invalid this shall have no effect on the validity of the contract on the whole. Insofar as the provisions have not become a part of the contract or are invalid, the contents of the contract shall be oriented to the statutory regulations.
12. Indications for consumers for extrajudicial settlement
12.1 Note duty according to the ODR regulation (Art. 14 Abs. 1 ODR-VO).
Link on the platform of the EU commission for the online dispute settlement: http://ec.europa.eu/consumers/odr
Our email address : firstname.lastname@example.org
12.2 Note duty according to the consumer law of dispute resolution (§ 36 VSBG).
To participate in a dispute settlement procedure in front of a consumer arbitration board I am/we are not obliged and in principle not willed.