GTC

General Terms & Conditions

§ 1 Applicability and Provider

  1. These General Terms & Conditions apply to all orders that you place at the “shop.zipcon.de” online store operated by zipcon consulting GmbH, Am Buchenhain 4, 45239 Essen, Germany.
  2. The products we deliver, our services and offers are based solely on these General Terms & Conditions. We hereby object to the application of any of your General Terms of Business that contradict our General Terms & conditions.Geschäftsbedingungen widersprechen, wird schon jetzt widersprochen.
  3. Contract languages are German and English.
  4. You can access our currently valid General Terms & Conditions on our website at “shop.zipcon.de/shop/en/gtc” and print them out.

§ 2 Contract Conclusion

  1. The presentation of products in our online store does not constitute a binding request to conclude a purchase contract. In fact it is a no-obligation invitation to order products from the online store.
  2. Completing an order requires the setting up of a user account. The contract to purchase those products you place in your shopping cart is concluded by clicking on the “Commit to Buy” button at the final stage of the ordering process.
  3. After receipt of your purchase order, you will be sent an automatically generated e-mail, in which we confirm that we have received your order (order acknowledgement).

§ 3 Prices

  1. The prices stated on the product pages include statutory sales tax and other pricing components but exclude the relevant shipping costs. Attention will be explicitly drawn to specific cases where additional cash-on-delivery fees are charged.

§ 4 Payment Terms; Default

  1. You have a choice of payment methods:
    Paypal,
    Direct Debit or
    Credit Card.
  2. If paying by direct debit, you are responsible for any bank charges that may be incurred as a result of a payment transaction having to be reversed, because there are not enough funds on your account or because you have submitted incorrect bank details.
  3. If paying by credit card, your credit card account will be debited in the amount of the purchase price on the date you place a binding order.
  4. If you default on a payment, you are obliged to pay statutory default interest in the amount of 5 percentage points above the basic rate of interest. For every reminder letter sent to you once you have defaulted, you will be charged a reminder fee of 2.50 EUR, provided a higher or lower financial loss is not verified in each individual case.

§ 5 Offsetting/Right of Retention (Lien)

  1. You are only entitled to offset an amount due if your counterclaim has been established as legally binding, is not disputed or is acknowledged by us or has a close synallagmatic relationship to our claim or receivable.
  2. You can only exercise your right of retention if your counterclaim relates to the same contractual relationship.

§ 6 Delivery; Retention of Title

  1. Unless agreed otherwise, digital content will be delivered in the form of provision of a link in your online account. You can click on this link and then start downloading the content on to a data storage medium of your choice. It is the responsibility of the client to have suitable software at their disposal, which enables them to open, edit and print files and content properly.
  2. Products other than digital content will be delivered from our warehouse to the address stated by you in your purchase order, unless explicitly agreed otherwise.
  3. Where consultancy/info checks have been agreed, the service shall be provided on the date agreed between the parties.
  4. The products shall remain our property until the purchase price has been paid in full.
  5. If you are an entrepreneur as per § 14 of the German Civil Code (BGB), the following also applies:
    • We shall retain title to the products until all receivables arising from our current business relationship have been settled in full. Pledging or chattel mortgaging are not permitted prior to the transfer of ownership of any products subject to retention of title.
    • You may resell the products as part of a proper transaction. In such cases you shall assign to us all receivables in the amount of our invoice total accruing to you from the resale. We shall accept the assignment, but you are authorized to collect these receivables. If you do not properly meet your payment obligations, we reserve the right to collect the receivables ourselves.
    • Where any products subject to retention of title are attached to or combined with other products, we shall acquire co-ownership of the new items in the proportion of the invoice value of the products subject to retention of title to the other processed/edited items as at the date of processing/editing.
    • We undertake to release on request any collateral to which we are entitled if the realizable value of our collateral exceeds the receivables to be secured by more than 10 %. The choice of collateral to be released is at our sole discretion.

§ 7 Cancellation Policy

In the event that you are a consumer as per § 13 of the German Civil Code (BGB), i.e. you purchase the products for purposes than cannot primarily be attributed to any commercial or self-employment activities of yours, you have a right to cancel subject to the following terms.

Cancellation Right
You have the right to cancel this contract with fourteen days without stating any reasons.

The cancellation notice period of fourteen days commences from the date of contract conclusion (only applies to digital content, which is not delivered on a physical data storage medium, and to services) and in all other cases from the date on which you or a third party appointed by you, but not the forwarder, took possession of the last products to be delivered.

To exercise you cancellation right, you must notify us, zipcon consulting GmbH, Am Buchenhain 4, 45239 Essen, Germany, Phone: +49 201 81175-0, Fax: +49 201 81175-22, E-Mail: info@zipcon.de of your decision to cancel the contract in the form of an explicit statement (e.g. a letter sent by post, a fax or e-mail). You can use the attached Sample Cancellation Form for this purpose, but this is not obligatory.

To meet the cancellation notice period deadline, all you need to do is to send notification that you are exercising your cancellation right before the cancellation notice period expires.

Consequences of Cancellation
If you cancel this contract, we must refund all the payments that we have received from you, including delivery costs (with the exception of additional costs incurred as a result of you choosing a different delivery method to the least expensive standard one that we offer), without delay and no later than fourteen days from the date on which we received notification of your cancellation of this contract. To make this refund, we use the same payment method that you used as part of the original transaction, unless another method has been explicitly agreed with you; you will definitely not be charged any fees in conjunction with this refund.

We may withhold any refund until such time as the products have been returned to us or until you have verified that you have returned the products, whichever is the earlier event.

We may withhold any refund until such time as the products have been returned to us or until you have verified that you have returned the products, whichever is the earlier event.

You shall bear the direct costs of returning the products.

You must bear the costs of any depreciation in the value of the products, if, following an inspection of the condition, characteristics and functionality of the products, this depreciation can be attributed to inappropriate or improper handling.

If you have requested that provision of any service(s) be commenced during the cancellation notice period, you are obliged to pay us a reasonable amount, which corresponds to services already provided up until the date on which you notified us of the exercise of your cancellation right as a proportion of the total number of services detailed in the contract.

Sample Cancellation Form

If you wish to cancel the contract, then please complete this form and return it to us at:

zipcon consulting GmbH, Am Buchenhain 4, 45239 Essen, Germany. Fax: +49 201 81175-22, E-Mail: info@zipcon.de.                

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following products (*):

Ordered on (*)/received on (*)

Consumer’s name:

Consumer’s address:

Consumer’s signature (applies only in the case of on-paper notifications)

Date


*Delete whatever does not apply.

Closing Cancellation Policy Terms

  1. This cancellation right does not apply to deliveries of audio or video recordings or computer software in sealed packaging if the seal has been removed following delivery.
  2. Please avoid damage and contamination. Wherever possible, please return the products to us in their original packaging including all accessories and packaging components. If necessary, please use protective outer packaging. If you are no longer in possession of the original packaging, please ensure you use suitable packaging to protect the products against transport damage, in order to avoid claims for compensation for damage caused by inadequate packaging.
  3. Please note that the terms mentioned in Paragraph 2 above are not prerequisites for the effective exercise of your cancellation right.
  4. In accordance with § 356 Par. 5 of the German Civil Code (BGB) a cancellation right in the case of a contract for the provision of digital content on a non-physical data medium lapses if the provider has already commenced fulfillment of the contract, after the consumer has explicitly agreed to the provider commencing fulfilment of the contract prior to expiry of the cancellation notice period and confirmed that they are fully aware of the fact that this consent means they lose their cancellation right once fulfillment of the contract commences.
Details for Downloads/Use of Downloads
  1. The download is supplied for a one time download.
  2. The ordered PDF file is provided to you after payment through the option "Downloads" in your account page. The link can be clicked by you and will start the download to the destination chosen by you.
  3. Previously ordered PDF downloads are also provided through your account page.
  4. The file is provided to you as a PDF with a file size of up to 5 MB.
  5. The buyer/customer has to ensure that he has in posession of appropriate software (e.g. Adobe Acrobat Reader) for opening and printing PDF files.
  6. Use of the product
    • After downloading the PDF, the buyer/customer will not be tracked and the digital medium (PDF) is not personalized.
    • The digital medium (PDF) is provided for the sole use of the buyer/customer
    • The digital medium (PDF) may not be sold to third parties or replicated in any form.
    • Contents of the digital medium (PDF) may only be used if the source is stated

§ 8 Transport Damage

  1. If products are delivered with obvious signs of transport damage, you are requested to make an immediate complaint about such defects to the delivery agent and contact us as quickly as possible.
  2. Failing to complain or to contact us does not affect your statutory warranty rights. However assisting us in such matters helps us to enforce our own claims against the freight forwarder or transport insurer.

§ 9 Warranty

  1. Unless explicitly agreed otherwise, any warranty claims that you may have are based on the statutory provisions of the German Sale of Goods Act (§§ 433 ff. BGB).
  2. If you are an entrepreneur as per § 14 of the German Civil Code (BGB), statutory provisions with the following modifications apply:
    • Only the information we provide and the manufacturer’s product description are binding as far as the qualities of the products are concerned. However public promotion and statements as well as other advertising by the manufacturer are not binding.
    • You have an obligation to inspect the products without delay and with due care to establish whether there are any quality and quantity variations compared with the contract and to notify us of any obvious defects within 7 days of receipt of the products. Sending this notification in good time is sufficient to comply with the deadline. This also applies from the date of identification to any concealed defects subsequently identified. In the event of a breach of this inspection and notification obligation, you will not be able to enforce any warranty claims.
    • Where defects occur, we shall fulfil our warranty obligations by rectifying the defects or replacing the products (supplementary performance). Where we rectify any defects, we are not obliged to bear the increased costs incurred as a result of shipping the products to a place other than the place of performance, provided that shipping the products to this other place does not correspond to their intended use.
    • Should supplementary performance fail twice to provide any remedy, you can choose whether to request a price reduction or to withdraw from the contract.
    • The warranty period is one year, starting from the product delivery date.

§ 10 Liability

  1. Unlimited liability: we have unlimited liability in cases of intent and gross negligence on our part plus in accordance with the German Product Liability Act. In cases of ordinary or slight negligence, we are only liable for claims arising from loss of life, physical injuries or damage to people’s health.
  2. Furthermore, limited liability applies as follows: in cases of ordinary or slight negligence we are only liable in the event of a fundamental breach of our contractual obligations, the fulfilment of which enables the contract to be executed in the first place and compliance with which you are regularly entitled to have confidence in (cardinal obligation). The extent of our liability in cases of ordinary or slight negligence is limited to foreseeable damage or loss as at the date of contract conclusion, the occurrence of which can typically be anticipated. This limitation of liability also applies to the benefit of our vicarious agents.

§ 11 Copyright and Usage Rights

  1. All digital content provided by the seller is copyrighted.
  2. The client acquires an indefinite, simple, non-transferable usage right for non-commercial use only. The client is not granted any exploitation rights. In particular they may not  circulate (§ 17 German Copyright Act), make publically accessible (§ 19a German Copyright Act) or otherwise disclose to third parties the acquired titles – either in digital or printed format, in full or in the form of excerpts. The right to duplicate (§ 16 German Copyright Act) is restricted to duplication activities intended to facilitate personal use only.
  3. The granting of usage rights by the seller is subject to the condition precedent of payment of the purchase price in full.
  4. The user is not entitled to remove copyright notices, trademarks or other legal reservations from the products.
  5. The seller is entitled to personalize any digital content made available to download by adding visible and invisible identification marks, to facilitate the tracing and prosecution of the original orderer in the event of misuse.

§ 12 Concluding Terms

  1. Should one or more terms in these GTCs be or become void, this does not affect the validity of the remaining terms.
  2. Contracts between us and you as the buyer are subject to German law only. The terms of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply. Mandatory terms that apply in the country where you are normally resident remain unaffected by the choice of legal system.
  3. If you are a businessperson, corporate body governed by public law or special agency subject to public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you as the buyer is Essen.

 

As at: 08.11.2016