General Terms and Conditions with Customer Information
Scope of Application 1.1. The business relationship between ZYIKO and the customer (hereinafter referred to as "Customer") is exclusively governed by the following General Terms and Conditions in their current version at the time of the order.
1.2. A consumer within the meaning of these terms is any natural person who concludes a legal transaction for a purpose that cannot be attributed predominantly to either their commercial or self-employed professional activity. An entrepreneur is a natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
1.3. Deviating conditions of the customer will not be recognized unless the seller expressly agrees to their validity.
Offers and Service Descriptions 2.1. The presentation of products in the online shop is not a legally binding offer but an invitation to place an order. Descriptions of services in catalogs and on the seller's websites do not have the character of an assurance or guarantee.
2.2. All offers are "subject to availability" unless otherwise stated for the products. Errors are reserved.
Ordering Process and Conclusion of Contract 3.1. The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart by clicking the [Add to Cart] button. The product selection can be changed within the shopping cart, for example, by deletion. Then the customer can proceed to complete the order process within the shopping cart by clicking the [Proceed to Checkout] button.
3.2. By clicking the [order with obligation to pay] button, the customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and return to the shopping cart using the browser's "back" function or cancel the order process altogether. Required information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic acknowledgment of receipt by email, in which the customer's order is listed again, and which the customer can print out using the "Print" function (order confirmation). The automatic acknowledgment of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the offer. The purchase contract is only concluded when the seller dispatches, hands over the ordered product to the customer within 2 days, or confirms the dispatch to the customer within 2 days by a second email, express order confirmation, or sending the invoice. Acceptance can also be made by a payment request from the seller to the customer and no later than the completion of the payment process. In the case of multiple acceptance processes, the earliest acceptance time is decisive. If the seller does not accept the customer's offer within the acceptance period, no contract is concluded, and the customer is no longer bound by his offer.
3.4. In the case of customers who are entrepreneurs, the aforementioned period for dispatch, handover, or order confirmation is seven instead of two days.
3.5. If the seller allows advance payment, the contract is concluded with the provision of the bank details and payment request. If payment is not received by the seller by the due date, even after a renewed request, within 10 calendar days after sending the order confirmation to the seller, the seller withdraws from the contract, as a result of which the order is void, and the seller is not obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the item for advance payments is therefore made for a maximum of 10 calendar days.
Prices and Shipping Costs 4.1. All prices stated on the seller's website include the applicable statutory value-added tax.
4.2. In addition to the prices stated, the seller charges shipping costs for delivery. The shipping costs are communicated to the buyer on a separate information page and as part of the ordering process.
Delivery, Product Availability 5.1. If prepayment is agreed, delivery will be made after receipt of the invoice amount.
5.2. If the delivery of the goods fails through the fault of the buyer, despite three attempts at delivery, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.3. If the ordered product is not available because the seller is not supplied with this product by its supplier without its own fault, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or the customer does not want delivery of a comparable product, the seller will refund the customer any payments already made.
5.4. Customers are informed about delivery times and delivery restrictions (e.g., restriction of deliveries to certain countries) on a separate information page or within the respective product description.
5.5. In the case of customers who are entrepreneurs, the risk of accidental loss and accidental deterioration of the goods is transferred to the buyers as soon as the seller has delivered the item to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment; the specified delivery dates and deadlines are subject to other agreements and agreements, and are not fixed dates.
5.6. Delivery and performance delays due to force majeure and due to unforeseeable events that significantly make delivery difficult or impossible for the seller are not to be represented by the seller, even with bindingly agreed deadlines and dates. In this case, the seller is entitled to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up period. The right to postpone the deadline applies to customers who are entrepreneurs even in cases of unforeseeable events that affect the operation of a previous supplier and are not responsible for him or the seller. During this impediment, the customer is also released from his contractual obligations, especially payment. If the delay is not reasonable for the customer, he can withdraw from the contract by giving written notice to the seller after a reasonable deadline set by him or after mutual consultation with the seller.
Payment Methods 6.1. The customer can choose from the available payment methods within the framework and before completing the ordering process. Customers are informed about the available payment methods on a separate information page.
6.2. If payment on account is possible, payment must be made within 30 days after receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third-party providers are commissioned with payment processing, e.g., PayPal, their general terms and conditions apply.
6.4. If the due date for payment is determined by the calendar, the customer is already in default by exceeding the deadline. In this case, the customer must pay the statutory default interest.
6.5. The customer's obligation to pay default interest does not exclude the assertion of further default damages by the seller.
6.6. The customer is only entitled to set-off if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if his claims result from the same contractual relationship.
Retention of Title The delivered goods remain the property of the seller until full payment is received. For customers who are entrepreneurs, the following applies additionally: The seller reserves the right to ownership of the goods until all claims from an ongoing business relationship have been settled in full; the buyer is obliged to treat the purchased item with care as long as ownership has not yet passed to him, to insure it adequately against theft, fire, and water damage at the new value, insofar as this is reasonable or customary. If maintenance and inspection work has to be carried out, the buyer must carry this out in good time at his own expense. Processing or transformation of the reserved goods by the customer is always carried out for the seller. If the reserved goods are processed with other objects not belonging to the seller, the seller acquires co-ownership of the new item in proportion to the value of the reserved goods to the other processed items at the time of processing. For the item resulting from the processing, the same applies as for the reserved goods. The customer also assigns to the seller the claims for securing the claims against him arising from the connection of the reserved goods to a property against a third party. Third-party access to the goods owned or co-owned by the seller is to be reported to the seller without delay. The costs incurred by such interventions are borne by the customer. The customer is entitled to resell the reserved goods in the ordinary course of business. The claims arising from the resale of the goods or other legal grounds (including all balance claims from a current account) are hereby assigned by the customer to the seller in full for security. The seller revocably authorizes the customer to collect the claims assigned to the seller for his account and in his own name. This collection authorization can be revoked if the customer does not properly fulfill his payment obligations. The seller undertakes to release the securities to which he is entitled at the request of the customer, insofar as their value exceeds the sum of all open claims of the seller from the business relationship by more than 10% (in the case of a risk of realization by more than 50%). The selection of the securities to be released is at the discretion of the seller. With the payment of all claims of the seller from delivery transactions, the ownership of the reserved goods and the assigned claims pass to the buyer. The selection of the securities to be released is at the discretion of the seller.
Warranty for Material Defects and Guarantee 8.1. The warranty (liability for defects) is determined, subject to the following provisions, according to legal regulations.
8.2. A guarantee exists only for goods delivered by the seller if it has been expressly given. Customers are informed about the warranty conditions before the start of the ordering process.
8.3 If the customer is an entrepreneur, he must examine the goods without delay and, if there are any recognizable defects, notify the supplier immediately, at the latest within two weeks after delivery, and if there are any hidden defects, notify them immediately, at the latest within two weeks after discovery, in writing. Commercially customary, permissible, or minor deviations in quality, weight, size, thickness, width, equipment, pattern, and color are not defects.
8.4. If the customer is an entrepreneur, the choice between rectification or replacement of defective goods is made by the seller.
8.5. Material defects expire, without prejudice to the liability regulations of these terms and conditions for customers who are entrepreneurs, generally one year after the transfer of risk unless, according to the law, especially in the case of special regulations for the recourse of the entrepreneur, mandatory longer periods are prescribed. The warranty is excluded for used goods for customers who are entrepreneurs.
8.6. If the customer, who is an entrepreneur, has installed the defective item in another item or attached it to another item in accordance with its nature and intended use in the sense of § 439 Abs. 3 BGB, the seller, subject to an express agreement and without prejudice to other warranty obligations, is not obliged to reimburse the customer for the necessary expenses for removing the defective item and installing or attaching the improved or delivered defect-free item. Accordingly, the seller is also not obliged to compensate for expenses for removing the defective item and installing or attaching the improved or delivered defect-free item in the context of a recourse by the customer in the supply chain (i.e., between the customer and his customers).
Liability 9.1. Except for the other statutory prerequisites, the following liability exclusions and limitations apply without prejudice to the other statutory prerequisites.
9.2. The seller is liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the seller is liable for the slightly negligent violation of essential obligations, the violation of which jeopardizes the achievement of the purpose of the contract, or for the violation of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies. In this case, however, the liability of the seller is limited to the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent violation of obligations other than those mentioned in the above sentences.
9.4. The above liability limitations do not apply in the event of injury to life, body, and health, for a defect after assuming a guarantee for the quality of the product, and for fraudulently concealed defects. The liability under the Product Liability Act remains unaffected.
9.5. Insofar as the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
Storage of the Contract Text 10.1. Before submitting the order, the customer can print out the contract text by using the print function of his browser.
10.2. The seller also sends the customer a order confirmation with all order data to the email address provided by the customer. With the order confirmation, but at the latest with the delivery of the goods, the customer also receives a copy of the GTC including the cancellation policy and the notes on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view your placed orders in your profile area. Furthermore, we save the contract text, but do not make it accessible on the internet.
10.3. Customers who are entrepreneurs can receive the contract documents by email, in writing, or by reference to an online source.
Final Provisions 11.1. If the buyer is an entrepreneur, the place of performance is the registered office of the seller, unless otherwise agreed or mandatory legal provisions. The place of jurisdiction is the registered office of the seller if the customer is a merchant, a legal entity under public law, or a special fund under public law or if the customer
