General Terms and Conditions of Sale of Zwiesel Kristallglas AG
End customer webshop
§ 1 Scope of application, partial delivery, conclusion of the contract, reservation of replacement delivery
- These Terms and Conditions of Sale apply to our deliveries, services and offers to end customers. They are an integral part of all contracts that we conclude with our end customer webshop customers.
- These General Terms and Conditions of Sale also apply to partial deliveries, which we are entitled to make at any time.
- Our offers in the webshop are subject to change. The purchase contract between the customer and daff-shop is only concluded when daff-shop confirms the order by sending an order confirmation by post or electronically. If daff-shop does not send an order confirmation within 7 working days of the order, the order shall be deemed to have been rejected.
- daff-shop reserves the right to supply goods of equivalent quality and price or, in the event of unavailability, to refuse performance against reimbursement of any purchase price already paid.
- The offer of Zwiesel Kristallglas AG is only directed at consumers. Accordingly, these General Terms and Conditions of Sale apply only to consumers within the meaning of Section 13 of the German Civil Code (BGB). Entrepreneurs can purchase our products via Zwiesel Kristallglas AG.
§ 2 Transfer of risk, delivery and acceptance
- The risk of accidental loss and accidental deterioration shall pass to the customer when the goods are handed over to the customer.
- Unless otherwise specified below, the daff-shop items ordered will be delivered to the customer's permanent residence in Germany within 14 days. Delivery to hotels or post office boxes is excluded. Delivery of daff-shop items to the customer's address or to a recipient as specified above shall take place after payment of the purchase price has been received by daff-shop. daff-shop shall deliver the items by courier/parcel service. Unless a fixed deadline or date has been agreed in writing, daff-shop will make delivery as soon as possible, but no later than two weeks for standard items and four weeks for personalised items.
- If the packaging is visibly damaged on delivery, the customer must open the parcel in the presence of the carrier to check the condition of the item. If the item is damaged, the customer should note this on the delivery note.
§ 3 Prices, delivery costs and terms of payment
All prices are inclusive of VAT. Unless expressly stated otherwise, packaging and delivery costs will be charged. The amount of the packaging and delivery costs depends on the current List of shipping costs.
The amount to be paid by the customer is stated in the order confirmation as a total price broken down by price (including all associated price components), delivery and shipping costs and taxes. For shipments to customers outside the European Union, additional customs duties, taxes or fees may apply. These are to be paid by the customer to the customs or tax authorities responsible there. Zwiesel Kristallglas AG does not assume responsibility for customs clearance, duties and taxes. The customer may therefore incur further costs in addition to the total price stated in the order. The customer is advised to enquire about the details with the customs or tax authorities before placing the order.
The purchase price is paid exclusively by Paypal or by bank transfer (advance payment).
§ 4 Warranty and customer service
- Should a defect in the goods exist or occur, the customer can assert his rights within the framework of the statutory warranty within 24 months of receipt of the goods.
- In the event of a return due to a fault, the customer is obliged to send the returned item in its entirety to customer service in appropriate packaging. The daff-shop shall reimburse the postage costs; the customer shall request a corresponding return slip from daff-shop customer service.
- For smooth processing, the customer is requested to enclose the delivery note (or a sheet of paper with the order number and your e-mail address) with the return so that the item can be assigned to a customer account. The customer should also enclose a description of the fault or defect.
- After receipt of the goods, daff-shop will either arrange a replacement delivery or a credit note for the value of the goods for the customer. In the case of a credit note, all payments shall be made by daff-shop to the bank account used by the customer when placing the order.
- For returns and all information, complaints and questions regarding online orders or the daff-shop articles themselves, the customer can contact customer service using the following contact details:
Zwiesel Crystal Glass AG
Dr.-Schott-Str. 35
94227 Zwiesel
shop@daff.de
Phone +49 (9922) 98-111
§ 5 Liability for defects
- Detailed information and the main features of all daff-shop articles can be found on the homepage daff.de available. Any photos, descriptions and drawings of the products offered for sale are merely examples and do not form part of the contract. Additional questions about the articles can be directed to customer service. Recognisable deviations in colour and shape cannot always be avoided. In the event of defects in the delivered goods, the customer is entitled to the statutory rights.
- The following provisions apply to claims for damages:
- Claims for damages by the customer due to obvious defects in the delivered goods are excluded if daff-shop is not notified of the defect within a period of two weeks after delivery of the goods.
- The liability of daff-shop for damages, irrespective of the legal grounds (in particular in the event of default, defects or other breaches of duty), shall be limited to the foreseeable damage typical of the contract.
- The above limitations of liability shall not apply to daff-shop's liability for wilful conduct or gross negligence, for guaranteed characteristics, for injury to life, limb or health or under the Product Liability Act.
§6 Retention of title
- daff-shop retains ownership of the delivered goods until full and final payment of the purchase price. For the duration of the retention of title, the customer may not sell the goods (hereinafter referred to as reserved goods) or otherwise dispose of the ownership thereof.
- In the event of access by third parties (in particular bailiffs) to the reserved goods, the customer shall draw attention to the ownership of daff-shop and inform daff-shop immediately so that it can enforce its right of ownership.
- If the customer acts in breach of contract, in particular in the event of default in payment, daff-shop shall be entitled to demand the return of the reserved goods, provided that daff-shop has withdrawn from the contract.
§7 Right of cancellation and return of goods
- In the case of an online order, the customer is generally entitled to a statutory right of cancellation. However, this does not apply if the goods are manufactured according to customer specifications or are clearly customised to personal requirements or are not suitable for return due to their nature or can spoil quickly or whose expiry date has been exceeded.
- In the event of cancellation, the customer shall bear the regular costs of returning the goods, unless the goods delivered do not correspond to those ordered.
- The customer must use suitable packaging for the return shipment and ensure that he can provide proof of dispatch to daff-shop in the event of loss of the shipment.
- The assertion and processing of the cancellation is governed by the provisions of the Provisions on the right of cancellation.
§ 8 Applicable law, place of jurisdiction
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
If the customer has his habitual residence outside the European Community, Düsseldorf shall be the agreed place of jurisdiction for all disputes arising from the contractual relationship. Any mandatory places of jurisdiction shall remain unaffected.
Your Zwiesel Kristallglas AG
Dr.-Schott-Str. 35
94227 Zwiesel