General terms of sale and delivery for the Züco Online Shop (latest draft update 21.10.16)
1. General information
1.1 This online shop (hereinafter referred to as “Shop”) is operated on www.zueco.com by Züco Bürositzmöbel AG, Staatsstrasse 77, CH-9445 Rebstein (Switzerland)
- Registration number CH-320.3.039.329-3 Office of commercial registries and notaries of the canton of St. Gallen (Handelsregister und Notariate des Kantons St. Gallen)
- Right of representation: Friedrich-W. Dauphin (President of the Advisory Board)
- share capital: CHF 2,000,000.00 (Züco Bürositzmöbel AG, hereinafter “we” or “Züco”)
1.2 Züco is the seller of the goods offered (hereinafter “Goods”).
1.3 Orders by the Customer and shipments to the Customer (hereinafter “You” or “Buyer”) for Goods from this shop are only carried out based on the following General terms of sale and delivery (hereinafter “Terms”).
2. Conclusion of the Agreement
2.1 The presentation of Goods in this shop is not yet an offer to conclude the Agreement.
2.2 The Buyer can select Goods from the shop’s product range and then place them in what is known as the “shopping cart”. If the Buyer already has a Buyer’s account, he can log in with his e-mail address and his password. Otherwise, the Buyer enters his personal information. The required fields are indicated with an “*”. After entering his information and selecting the form of payment, he then proceeds to the order page where the Buyer can again review his information. The Buyer is making a binding offer to purchase the Goods located in the shopping cart by using the “Send Order” button. The Buyer can change and view the data at any time before sending the order. The offer can only be made and sent if the Buyer accepts the Terms by clicking on the “Accept General Terms of Business [AGB’s]) and applies them to his offer. The process can be cancelled by closing the browser window.
2.3 The Buyer is making an offer to Züco to conclude an agreement when placing his order. The Buyer will then receive a message that will confirm receipt and the details of the order. This message is only for information on receipt and details of the order and does not constitute any acceptance of the offer by Züco. A purchase agreement is only reached if Züco confirms the shipment of the Goods in another message (order and/or shipping confirmation). The Züco order and/or shipment confirmation requires no signature and can also be sent electronically.
2.4 Züco saves the order information which the Buyer can access via his user account once he has registered.
3.1 The shipment of Goods is only possible within the DACH region (Germany, Austria and Switzerland). The deliveries are free carriage to the delivery address indicated by the Buyer.
3.2 The delivery times of Goods sold by Züco are shown in the respective description of the Goods. The delivery periods are shown in the order and/or shipping statement.
3.3 In the event of force majeure, a reasonable extension of the delivery dates/periods applies. If the delivery delay lasts longer than 4 weeks, each of the contractual partners is entitled to cancel the Agreement.
3.4 The Buyer is contacted by Züco or a third party commissioned by Züco before delivery in order to discuss the precise delivery time.
3.5 If a delivery to the Buyer is not possible because the delivered Goods could not fit through the entrance door, house door or stairwell of the Buyer or if the Buyer cannot be found at the delivery address he has indicated even though the delivery time was announced to the Buyer with sufficient warning, the Buyer is to assume the costs for the failed shipment.
4. Prices / Shipping costs / Transfer of liability
4.1 The prices are overall prices and include VAT, standard packaging and shipping.
4.2 Liability is transferred to the Buyer upon transfer of the Goods.
5. Terms of payment – Right of retention
5.1 Payment is either by advance payment, credit card (Visa and MasterCard) or PayPal.
5.2 Upon selection of the advance payment, we will provide you with our bank account information in the order confirmation and will supply the goods upon receipt of the payment. The amount payable on the invoice must be transferred to our account at the latest within 5 days upon conclusion of the Agreement.
5.3 The Buyer can change the payment method saved in his user account at any time.
5.4 The shipping and billing address must be within the DACH region (Germany, Austria and Switzerland).
5.5 The Goods remain our property until full payment is made.
5.6 The Buyer may only offset with such receivables which are undisputed or those deemed legally valid.
6. Liability for material defects
We are liable for material defects within the scope of the statutory material defect claims. For shipments to Germany, the provisions of the German Civil Code (BGB) apply; for shipments to Austria the provisions of the Austrian Civil Code (AGBG) apply; for shipments within Switzerland, the provisions of the Swiss Code of Obligations (OR, Schweizer Obligationenrecht) apply.
Züco has unrestricted liability if the cause of damages is due to a malicious or grossly negligent breach of Züco’s obligations or that of a legal representative or vicarious agent of Züco. Furthermore, Züco is liable for the negligent breach of major obligations. Obligations are considered major when their breach jeopardises the achievement of the contractual purpose or its performance even makes proper execution of the Agreement possible and you regularly rely upon its execution. In this case, however, Züco is only liable for foreseeable damages typical to agreements of this type. Züco is not liable for slightly negligent breaches of other parties except for the obligations indicated in the aforementioned clauses. The aforementioned limits to liability do not apply in the event of damage or injury to life, limb and health nor to defects after a warranty has been taken over on the composition of the Goods and for defects maliciously withheld. Liability remains unchanged according to the Product liability act. If the liability of Züco is precluded or limited, this also applies to the personal liability of employees, representatives or vicarious agents.
8. Data protection
8.1 The information voluntarily provided by the Buyer as part of his order is used only in compliance with data protection regulations.
8.2 The Buyer is entitled to receive information on his saved personal information at any time and at no charge and also has the right to correct, block and delete these data.
8.3 Questions on the collection, processing or usage of personal order information, adjustments, blocking or the deletion of data and the revocation of any permits granted can be directed to Züco at the address indicated in section 1.1 of these terms.
8.4 The Buyer is always able to access, modify, change, or delete the information he has saved by using the “My Information” button in his profile. Otherwise, reference is made to the Data Protection Statement, which can be accessed in printable form on the Züco website via the “Data Protection” button in terms of permission of the Buyer and other information on data collection, processing and usage.
9. Applicable material law
9.1 Otherwise, the laws of the Federal Republic of Germany apply with an exclusion of the United Nations convention on contracts for the international sale of goods (CISG) for purchase agreements with buyers in Germany.
9.2 Otherwise, the laws of the Republic of Austria apply with an exclusion of the United Nations convention on contracts for the international sale of goods (CISG) for purchase agreements with buyers in Austria.
9.3 Otherwise, the laws of Switzerland apply with an exclusion of the United Nations convention on contracts for the international sale of goods (CISG) for purchase agreements with buyers in Switzerland.
10. Cancellation instructions for consumers
Right of cancellation
As a consumer, you have the right to cancel this Agreement within fourteen days without indicating any reasons.
The cancellation period is fourteen days from the date on which you or a third party designated by you, which is not the transport company, has taken or takes possession of the Goods. If the Goods are delivered separately as part of a single order, the cancellation period is fourteen days from the date on which you or a third party designated by you, which is not the transport company, has taken or takes possession of the last piece of merchandise. Upon delivery of the merchandise with several partial shipments, the act of taking possession of the last partial shipment or the last item is decisive.
In order to assert the right of cancellation, you must notify us at
Züco Bürositzmöbel AG, Abteilung Online-Shop
Staatsstrasse 77, CH-9445 Rebstein
E-mail address: email@example.com
Phone number: +41 71 775 87 87
Fax number: +41, 71 775 87 97
with an unambiguous statement (e.g. a letter sent with mail, fax or e-mail) on your decision to cancel the Agreement.
You can use the sample cancellation form for this purpose but this is not required. In order to assert the cancellation period, it is sufficient for you to send notification on the assertion of the cancellation right before expiry of the cancellation period.
The consequences of cancellation
If you cancel the Agreement, we must reimburse all payments which we have received from you, including the delivery costs (with the exception of the additional costs which result from you selecting another form of shipment from the less expensive standard shipping which we offer) immediately and at the latest within fourteen days from the date in which your notice on cancellation of the Agreement was received. We will use the same means of payment for the reimbursement which you used for the original transaction unless something to the contrary was explicitly agreed upon; under no circumstances will you be charged fees for this reimbursement.
We can refuse the reimbursement until we have received the Goods or you have provided proof that you have returned the Goods, whichever occurs first.
You must return the Goods immediately and within fourteen days at the latest from the date on which you have signed the Agreement Cancellation to:
Züco Bürositzmöbel AG, Abteilung Online-Shop, Staatsstrasse 77 CH-9445 Rebstein
or hand over the Goods. This time period is honoured if you return the Goods before the expiry of 14 days.
For returns from Germany or Austria, you will assume the direct costs for the return of the Goods with a flat-rate fee of EUR 30.00; from Switzerland the flat-rate fee is CHF 30.00.
You must assume the cost of any loss in value of the Goods if this loss in value can be attributed to their improper use upon inspection of their composition, properties and function.
End of the cancellation instructions If you would like to cancel the Agreement, then you can use this form. You can electronically fill out the sample cancellation form or send another unambiguous cancellation statement to us by e-mail or fax.