General Terms and Conditions with Customer Informations
- Scope of Application
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Reservation of Ownership
- Liability for Defects
- Redemption of Promotional Vouchers
- Applicable Law
- Information about Online Dispute Resolution
Scope of Application
1.1 These General Terms and Conditions (hereinafter “Terms and Conditions”) of “Zimmeria.de” (hereinafter “Seller”) apply to all contracts concluded between a consumer or entrepreneur (hereinafter “Customer”) and the Seller regarding the goods displayed by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to unless agreed otherwise.
1.2 A consumer, as defined in these Terms and Conditions, is any natural person who enters into a legal transaction for purposes that are predominantly outside their commercial or self-employed professional activity.
1.3 An entrepreneur, as defined in these Terms and Conditions, is a natural or legal person or a partnership with legal capacity who acts in the exercise of their commercial or self-employed professional activity when entering into a legal transaction.
Conclusion of Contract
2.1 The product representations in the Seller’s online shop do not constitute binding offers by the Seller, but rather an invitation to the Customer to submit a binding offer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contract offer regarding the goods in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer can also submit the offer to the Seller by telephone, fax, email, or postal service.
2.3 The Seller can accept the Customer’s offer within five days by:
- sending the Customer a written order confirmation or a confirmation in text form (fax or email), where the receipt of the order confirmation by the Customer is decisive, or
- delivering the ordered goods to the Customer, where the receipt of the goods by the Customer is decisive, or
- requesting payment from the Customer after the Customer has submitted the order.
If multiple of the above alternatives are present, the contract comes into effect at the time when one of the above alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends with the expiration of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the above-mentioned period, this shall be deemed as a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.
2.4 In the case of choosing the payment method “Amazon Payments,” the payment processing is carried out by the payment service provider Amazon Payments Europe s.c.a., 5 Rue Plaetis, L-2338 Luxembourg (hereinafter: “Amazon”), subject to the Amazon Payments Europe User Agreement, accessible at https://payments.amazon.de/help/201751590. If the Customer selects “Amazon Payments” as the payment method within the online ordering process, they simultaneously issue a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the Seller already declares their acceptance of the Customer’s offer at the moment in which the Customer initiates the payment process by clicking the button that concludes the ordering process.
2.5 The Seller saves the contract text after the order is placed and sends it to the Customer in text form (e.g., email, fax, or letter) along with these Terms and Conditions. Additionally, the contract text is archived on the Seller’s website and can be accessed free of charge by the Customer via their password-protected customer account, provided that the Customer has created an account in the Seller’s online shop before submitting their order.
2.6 Before bindingly submitting the order via the online order form of the Seller, the Customer can recognize and correct possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their inputs within the electronic ordering process using the usual keyboard and mouse functions before finally submitting the order. Furthermore, all entries are displayed again in a confirmation window before the order is placed and can be corrected there using the usual keyboard and mouse functions.
2.7 The contract shall be concluded exclusively in the German language.
2.8 Order processing and communication will typically occur via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that they can receive emails sent by the Seller. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned with order processing can be delivered.
Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information about the right of withdrawal can be found in the Seller’s revocation policy.
3.3 The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any member state of the European Union and whose sole domicile and delivery address are located outside the European Union.
Prices and Payment Terms
4.1 Unless otherwise stated in the Seller’s product description, the prices given are total prices, including the statutory value-added tax. Any additional delivery and shipping costs that may apply will be indicated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred, for which the Seller is not responsible and which must be borne by the Customer. These may include, for example, costs for money transfers by financial institutions (e.g., transfer fees, exchange rate fees) or customs duties and taxes (e.g., customs duties). Such costs may also be incurred in relation to money transfers if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.
4.3 The Customer has various payment options available, which are specified in the Seller’s online shop.
4.4 If payment is made in advance by bank transfer, the payment is due immediately after the contract is concluded unless the parties have agreed otherwise.
4.5 If the payment method “PayPal” is selected, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal User Agreement, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This requires, among other things, that the Customer opens a PayPal account or already has such an account.
Delivery and Shipping Conditions
5.1 The delivery of goods is regularly carried out by shipping to the delivery address specified by the Customer. When processing the transaction, the delivery address specified in the Seller’s purchase processing is decisive. In contrast, if “PayPal” is selected as the payment method, the delivery address specified by the Customer at the time of payment to PayPal is decisive.
5.2 If the transport company sends the goods back to the Seller because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful shipment. This does not apply if the Customer is not responsible for the circumstances that led to the impossibility of delivery or if they were temporarily prevented from accepting the offered service, unless the Seller had given notice of the service in a reasonable time in advance. Furthermore, this does not apply with regard to the costs for the return shipment if the Customer effectively exercises their right of withdrawal. The regulations in the Seller’s revocation policy regarding the return costs shall apply to the return costs if the Customer exercises their right of withdrawal effectively.
5.3 In case of self-collection, the Seller informs the Customer via email that the ordered goods are ready for collection. After receiving this email, the Customer can pick up the goods by prior arrangement with the Seller at the Seller’s location. In this case, no shipping costs will be charged.
5.4 Vouchers will be delivered to the Customer as follows:
via email via download by postal service
Reservation of Ownership
If the Seller provides goods in advance, they retain ownership of the delivered goods until the purchase price owed has been paid in full.
Liability for Defects
7.1 If the purchased item is defective, the statutory liability for defects shall apply.
7.2 The Customer is requested to complain to the delivery service about obvious transport damages and to inform the Seller thereof. Failure to do so will not affect the Customer’s legal or contractual warranty claims.
Redemption of Promotional Vouchers
8.1 Vouchers that are issued by the Seller free of charge as part of promotional campaigns with a specific validity period and which cannot be purchased by the Customer (hereinafter “Promotional Vouchers”) can only be redeemed in the Seller’s online shop and only within the specified period.
8.2 Promotional Vouchers can only be redeemed by consumers.
8.3 Individual products may be excluded from the voucher campaign if such a restriction results from the content of the Promotional Voucher.
8.4 Promotional Vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.
8.5 Only one Promotional Voucher can be redeemed per order.
8.6 The value of the goods must at least correspond to the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.
8.7 If the value of the Promotional Voucher is not sufficient to cover the order, the Customer can choose one of the other payment methods offered by the Seller to settle the difference.
8.8 The credit of a Promotional Voucher will not be paid out in cash or bear interest.
8.9 The Promotional Voucher will not be refunded if the Customer returns the goods paid for in full or in part within the scope of their statutory right of withdrawal.
8.10 The Promotional Voucher is transferable. The Seller can make a payment to the respective holder, who redeems the Promotional Voucher in the Seller’s online shop, with a discharging effect. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, lack of legal capacity, or lack of authorization to represent the respective holder.
9.1 For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws governing the international purchase of movable goods. This choice of law only applies to consumers insofar as it does not restrict any mandatory statutory provisions of the state in which the consumer has their habitual residence.
9.2 Furthermore, this choice of law regarding the statutory right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any member state of the European Union and whose sole domicile and delivery address are located outside the European Union.
Information about Online Dispute Resolution
The EU Commission provides an internet platform for online dispute resolution at the following link: https://ec.europa.eu/odr
This platform serves as a contact point for out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.
We are neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.