Versand ab 25 € Bestellwert.
Qualität MADE IN GERMANY
Sonderkonditionen für Speditionen und Geschäftskunden
Kundenservice: +49 (0)7348 2005 359
 

Terms and Conditions

General Terms and Conditions for Consumers and Commercial Customers

ZURRPACK GmbH, Hermann-Koehl-Straße 2, D-89160 Dornstadt www.zurrpack.eu – Last updated: 01/02/2021

 

I. General Terms and Conditions for Consumers (For General Terms and Conditions for Commercial Customers, see section II below.)

1. Scope of Application

1.1 These terms and conditions of sale shall apply exclusively. They shall also govern all future transactions between the parties and shall also apply if ZURRPACK GmbH (hereinafter referred to as ZURRPACK) delivers the goods despite knowledge of differing or contrary terms. Differing or contrary terms shall not apply unless we have expressly agreed upon these in writing. ZURRPACK expressly refutes its customers’ general terms and conditions and this shall also apply in advance to all future transactions unless they have been expressly agreed in writing by ZURRPACK and the customer in advance. Terms and conditions differing from, contrary to, or in addition to the present General Terms and Conditions (GT&Cs) shall not constitute an integral part of the contract, even if there is awareness of these, unless their validity is expressly agreed in writing.

1.2 The version of the GT&Cs which is valid when the contract is concluded shall apply. You will receive the version which is valid when the contract is concluded with the order confirmation for your records.

1.3 All agreements made between you and us in connection with the purchase contract shall arise in particular from these terms and conditions of sale, our written order confirmation, and our declaration of acceptance.


2. Conclusion of Contracts

The contractual language is German. All of our offers are subject to alteration and non-binding. Details in brochures, catalogs, etc. (including online) are merely invitations to submit an offer (an invitation to bargain). All conclusions of contract shall become valid only when confirmed by us. Verbal undertakings and guarantees given by representatives and employees shall only be legally binding for ZURRPACK when a written confirmation is issued by ZURRPACK. A contract shall only come into being when ZURRPACK confirms the order in writing or indicates its acceptance of the order by delivering the goods. Changes to the purchaser’s declaration of acceptance require written confirmation from ZURRPACK. Delivery of the goods following an altered declaration of acceptance shall not constitute acceptance of the altered conditions through conclusive behavior.

 

3. Conclusion of Contracts in the Online Shop

3.1 With regard to the purchase of goods via the online shop, this section 3, as a more specific provision, shall take precedence over section 2 above in the event of inconsistencies.

3.2 The display of products in the online shop does not constitute a legally binding offer, but is instead a non-binding online catalog that invites the customer to submit an offer.

3.3 When the customer has entered their personal data and clicks on the "Place order and pay" button in the final step of the order process, the customer is submitting a binding offer for the goods contained in the shopping basket by placing a binding order. The foregoing shall not affect the right to cancel your order that you may have in accordance with section 4. Immediately after the order has been sent, ZURRPACK shall confirm receipt and the contents of the order. Confirmation of receipt and of the contents of the customer’s order does not yet constitute acceptance of the customer’s offer unless the confirmation declares acceptance together with the confirmation of receipt.

3.4 ZURRPACK can accept the customer’s offer within 5 days by sending the customer a written order confirmation or an order confirmation in text format (fax or e-mail), whereby in this respect receipt of the order confirmation by the customer is the determining factor, or by delivering the ordered goods to the customer, whereby in this respect the receipt of the goods by the customer is the determining factor, or by asking the customer for payment after the customer has submitted the order.
If more than one of the above alternatives apply, the contract shall come into being at the point in time when, in chronological terms, the first alternative comes to pass. If ZURRPACK does not accept the customer’s offer within the period of time specified above, the offer shall be deemed to be declined with the consequence that the customer shall no longer be bound to their declaration of intent. The period for accepting the offer shall start on the day on which the offer is sent by the customer and shall terminate at the end of the 5th day that follows the sending of the offer.
ZURRPACK will store the text of the contract and send the customer the order details by e-mail. Thereafter, the customer will also receive an order confirmation in addition. The current version of the GT&Cs may be viewed at any time via the online shop before placing an order. Previous orders may be viewed in the customer account.

3.5 In the event that it is not possible to deliver the goods you have ordered because the relevant goods are out of stock, for example, we shall not issue a declaration of acceptance. In this case, no contract shall come into being. We shall notify you of this immediately and refund any payments we have already received immediately.


4. Right of Withdrawal for Consumers

4.1 As a consumer (i.e., as a natural person who submits the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with legal provisions.

4.2 If you, as a consumer, exercise your right of withdrawal in accordance with section 1, you must bear the regular costs of returning the goods.

4.3 Otherwise, the regulations that apply in respect of the right of withdrawal are set out in detail in the following

CANCELLATION POLICY
Right of Withdrawal with regard to Purchase Contracts for Goods If you are a natural person entering into a legal transaction for purposes that cannot predominantly be attributed to your commercial or independent professional activity (consumer), you have a right of withdrawal pursuant to section 312g in conjunction with section 355 of the German Civil Code (BGB). Exercising Withdrawal You have the right to withdraw from this contract within fourteen days without stating a reason. The withdrawal period is fourteen days from the day on which you or a third party appointed by you, who is not the carrier, have or has taken possession of the final goods in the case of a contract involving multiple goods or the last part delivery in the case of a shipment in part deliveries or parts. In order to exercise your right of withdrawal, you must notify us (ZURRPACK GmbH, Hermann-Köhl-Straße 2, D-89160 Dornstadt, telephone +49 7348/200 50, fax +49 7348/200 555, e-mail: sales@zurrpack.com) of your decision to withdraw from this contract via a clear declaration (e.g., a letter mailed in the post, a fax, or an e-mail). You may use the sample withdrawal form for this purpose if you wish, but this is not mandatory. In order to comply with the withdrawal period deadline, it is sufficient if you send your notification that you wish to exercise your right of withdrawal before the expiry of the withdrawal period deadline. Consequences of Withdrawal If you withdraw from this contract, we are obliged to refund to you all payments that we have received from you, including delivery costs (with the exception of the additional costs arising from your choice of a delivery type that differs from the cheapest standard delivery that we offer), immediately and, at the latest, within fourteen days of the day on which we receive notification that you are withdrawing from this contract. When refunding payments, we shall use the same payment method that you used for the original transaction, unless an agreement to the contrary has expressly been made with you; under no circumstances will you be charged fees for this refund. We may refuse to issue the refund until we have received the goods back from you or until you have provided proof that you have sent the goods back, depending on which of these occurs first. You must send back or hand over the goods to us immediately and, in any event, at the latest within fourteen days of the day on which you notify us that you are withdrawing from the contract. The deadline is met provided that you send back the goods before the expiry of the fourteen-day deadline. You will bear the direct costs of the return shipment. You must only pay for any loss in value of the goods if this loss in value is attributable to any handling of the goods that is not essential in order to inspect the nature, features, and functioning of the goods. Exclusion of the Right of Withdrawal: The right of withdrawal does not exist in various situations in relation to distance-selling contracts, including:
(1) for the supply of goods that are not pre-fabricated and the production of which is governed by an individual choice of or decision by the consumer, or that are clearly tailored to personal needs of the consumer.
(2) for the supply of goods which, according to their nature, are inseparably mixed, after delivery, with other items.
Sample Withdrawal Form (If you wish to withdraw from the contract, please complete and return this form.) To ZURRPACK GmbH Hermann-Köhl-Straße 2 D-89160 Dornstadt Telephone +49 7348 2005 0, Fax +49 7348 2005 55 E-mail: sales@zurrpack.com I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following items (*)/provision of the following services (*) Ordered on (*)/received on (*) Name of consumer(s) Address of consumer(s) Date Signature of consumer(s) (only for notification on paper) ___________________________________ (*) Delete as applicable.
END OF CANCELLATION POLICY 5. Data Protection ZURRPACK stores and processes customers’ order data in accordance with the relevant provisions of the German Federal Data Protection Act (BDSG), the General Data Protection Regulation (GDPR), and the German Telemedia Act (TMG). The customer agrees that ZURRPACK may opt to send invoices to customers by electronic means.

 

6. Prices

6.1 All prices stated by ZURRPACK are ex works and, unless otherwise agreed in writing, are gross prices in euros inclusive of statutory value-added tax. The statutory value-added tax is shown. In addition, the prices do not include packaging or shipping costs or any applicable charges for the payment method. These costs and charges may be viewed at the website www.zurrpack.eu.

6.2 ZURRPACK shall calculate the prices agreed when the contract is concluded and these prices shall be based on the applicable cost factors at that time. In the event that these cost factors – especially materials, wages, transportation charges, taxes, etc. – change between the conclusion of the contract and the agreed delivery date, we shall be entitled to alter the prices accordingly. In this case, the customer shall have the right to cancel.

6.3 Despite our best efforts, it is possible that, for a small number of products, the wrong price will be shown on the website or in other details supplied by ZURRPACK. If the item is displayed with the wrong price and the correct price is higher than the one shown, ZURRPACK will contact the customer prior to the item being shipped and give the customer the choice of purchasing the product at the correct price or cancelling the order. If the correct price of a product is lower than the price stated by ZURRPACK, ZURRPACK will charge the lower amount and send the product to the customer.

6.4 Despite careful stock control, an item can sometimes sell out faster than anticipated, especially when larger orders are placed. All products are sold in in normal household quantities only. We therefore do not offer any guarantee of supply. Availability is only while stocks last.

6.5 ZURRPACK supplies Germany, member countries of the European Union, and third countries (e.g., Switzerland). Deliveries arising from an online order are only made within Germany and to France, Luxembourg, and Austria. Packing and shipping costs apply to these deliveries. Shipping costs are calculated on a flat-rate basis. In the case of online purchases, shipping costs are updated automatically in line with our table of shipping charges when a shipping address is entered or selected.
All details of shipping costs can also be found at www.zurrpack.eu/de/liefer-und-versandkosten.


7. Terms of Payment, Setoff, Right of Retention

7.1 Unless otherwise agreed, all prices are ex works from Dornstadt and do not include packing or shipping costs, or statutory value-added tax. The current terms of shipping and payment can be found via the following link: https://www.zurrpack.eu/versand-und-zahlungsbedingungen.

7.2 The shipping costs are stated in our price information in our online shop. The price including value-added tax and applicable shipping costs is also displayed in the order form before you submit your order.

7.3 Unless the order is an online order (section V (3)), the minimum order value is EUR 100.00 net. A minimum order value of EUR 25.00 net applies to online purchases.

7.4 Unless otherwise agreed, payment for all other orders placed by entrepreneurs by telephone, in person, or by fax/e-mail is due within 7 days of delivery and receipt of an invoice, without any deductions. In addition, we reserve the right to demand prepayment or a security before providing services or deliveries that are still pending if, after concluding the contract, we become aware that our claim for payment is jeopardized by the purchaser’s lack of ability to pay.

7.5 The purchaser authorizes us to collect information from credit institutions about the purchaser’s creditworthiness and ability to pay in relation to all transactions for which the purchase price is not to be paid in cash when the goods are handed over.

7.6 In the case of orders placed by customers whose place of residence or business is abroad, or if we have grounds to believe that there is a risk of non-payment, we reserve the right to deliver the goods only when we have received payment of the purchase price and shipping costs (advance payment proviso). If we exercise the advance payment proviso, we shall notify you immediately. In this case, the delivery period shall start when the purchase price and shipping costs are paid.

7.7 If goods are returned without authorization, a handling fee of EUR 20.00 net shall be invoiced.

7.8 If the purchaser defaults on payment of the purchase price, interest on the debt at a rate of 5% over the applicable base interest rate of the European Central Bank (ECB) shall be payable. We are also entitled to charge higher interest if we demonstrate a higher burden unless the contractual partner demonstrates that default interest damages were much lower or did not occur at all.

7.9 If we fulfill your order by means of part deliveries, you will only be charged shipping costs for the first part delivery. If we make part deliveries at your request, we shall charge shipping costs for each part delivery.

7.10 If you actively withdraw your contract declaration in accordance with section 3, you may, under the statutory conditions, request a refund for the shipping costs to you (outward shipping costs) that you have already paid.

7.11 You can choose to pay the purchase price and shipping costs to our account (details provided in the online shop), by completing a direct debit mandate in our favor, or by means of an EC/Maestro or credit card. If you complete a direct debit mandate or pay by EC/Maestro or credit card, we shall charge your account no earlier than at the time set out in paragraph 1. If you complete a direct debit mandate, this shall continue to apply to further orders until such time as it is canceled.

7.12 You are not entitled to offset counterclaims against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset counterclaims against our claims if you make complaints or assert counterclaims arising from the same purchase contract.

7.13 As a purchaser, you may only assert a right of retention if your counterclaim arises from the same purchase contract.

 

8. Terms of Delivery

8.1 The customer shall receive a non-binding delivery date with the order confirmation. If it is not possible to provide a non-binding delivery date at this time, the customer shall receive a provisional order confirmation and shall receive later notification of the delivery date.

8.2 If the item ordered is not available at the time of the order, ZURRPACK reserves the right to refuse the order so that no contract comes into being. The customer shall be notified of this. Any payments that have already been made shall be refunded to the customer immediately.

8.3 In the case of custom-made items, such as webbing in a specific length or color or with a special print, the customer shall become obliged to accept the goods when the order confirmation is received and the statutory right of withdrawal shall be excluded. The goods may not be exchanged unless they are faulty.

8.4 When producing custom-made textile webbing, the manufacturing process may result in deviations in quantity of +/-10%. The obligatory acceptance quantity may vary by this margin.

8.5 We are entitled to make part deliveries, provided that this is acceptable to you.

8.6 Ordered goods shall be shipped to the delivery address provided by the purchaser/customer by engaging the services of third parties. The goods shall always be delivered as a curbside delivery.

8.7 Delivery presupposes the timely and correct fulfillment of the purchaser’s obligations. The right to the defense of an unfulfilled contract is reserved.

8.8 In the event of default in acceptance or some other culpable breach of the duties of cooperation on the part of the purchaser, we shall be entitled to compensation for the resultant damages, including any additional expenses. We reserve the right to make further claims. In this case, the risk of accidental loss or accidental deterioration of the goods shall transfer to the purchaser at the time of the default in acceptance or other breach of their duties of cooperation.

8.9 A performance extension period set by the customer must be at least two weeks.

 


9. Warranty


9.1 We are liable for material or legal defects of supplied items in accordance with the valid legal provisions, especially sections 434 ff. of the German Civil Code (BGB). The limitation period for statutory claims for defects is two years starting from the delivery of the goods.


9.2 Any seller warranties issued by us for specific items or any manufacturer warranties granted by the manufacturers of specific items apply alongside the claims for material or legal defects within the meaning of paragraph 1. Details regarding the scope of such warranties can be found in the warranty terms and conditions that come with the items where applicable.

 


10. Liability

10.1 In the event of willful intent or gross negligence on our part or on the part of our representatives or vicarious agents, we shall be liable in accordance with the statutory regulations; the same shall also apply in the event of culpable breach of essential contractual obligations. Essential contractual obligations are those where the fulfillment of these obligations characterizes the contract and upon which the customer can rely. However, provided that there has been no intentional breach of contract, our liability for compensation shall be limited to the foreseeable, typically occurring damage.

10.2 Liability due to culpable injury to life, body, or health, and liability in accordance with the German Product Liability Act remain unaffected.

10.3 Unless expressly regulated to the contrary above, our liability shall be excluded.

 


11. Retention of Title

11.1 The delivered goods shall remain our property until the purchase price has been paid in full. If the customer’s conduct is contrary to the contract and especially if the customer defaults on payment, we shall be entitled to take back the purchased item. If we take back the purchased item, this shall not constitute withdrawal from the contract unless we have expressly declared this in writing. The seizure of the purchased item by us shall always constitute a withdrawal from the contract. Once we have taken back the purchased item, we shall be entitled to utilize it and the proceeds from the utilization shall be deducted from the customer’s liabilities – less reasonable utilization costs.

11.2 If the purchase price is not paid in full, the customer must notify us in writing immediately if the goods are encumbered with third-party rights or otherwise exposed to interventions by third parties.
In the event of enforcement measures or other interventions by third parties, the customer must notify us in writing immediately in order that we can file action in accordance with section 771 of the German Code of Civil Procedure (ZPO). If the third party is unable to reimburse us for the judicial and out-of-court costs associated with an action in accordance with section 771 of the German Code of Civil Procedure (ZPO), the customer shall be liable for the deficit that we have incurred. The customer must also notify us of all damage to the purchased item as well as all changes in ownership.

 

12. Copyrights
We hold the copyrights to all images, films, and texts published in our online shop. Any use of the images, films, and texts is prohibited unless we have given our express consent.


13. Final Provisions, Applicable Law, and Place of Jurisdiction

13.1 The law of the Federal Republic of Germany shall apply and the UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded. If you have placed the order as a consumer and your usual place of residence at the time of your order is in a different country, the application of mandatory legal provisions of this country shall be unaffected by the choice of law specified in the first sentence.

13.2 Dispute Resolution: The EU Commission has set up an internet platform for online dispute resolution. The platform serves as a point of contact for the out-of-court resolution of disputes in relation to contractual obligations that arise from online purchase contracts. Further information is available via the following link: http://ec.europa.eu/consumers/odr We are neither willing nor obliged to take part in dispute resolution proceedings.

13.3 In the event that any provision in these GT&Cs is or becomes invalid, this shall not affect the effectiveness of the rest of the provisions. The statutory provisions shall replace the invalid provisions. The same shall apply if the GT&Cs reveal an unforeseen omission.


II. General Terms and Conditions for Commercial Customers


1. Scope of Application and Conclusion of Contracts

1.1 These General Terms and Conditions of Sale (“GT&Cs – Sale“) shall apply to all business relations between ZURRPACK GmbH (hereinafter referred to as ZURRPACK) and an entrepreneur, a legal person under public law, or a special fund under public law within the meaning of section 310 (1) of the German Civil Code (BGB). These GT&Cs shall not apply to natural persons who enter into a legal transaction for purposes that cannot predominantly be attributed to their commercial or independent professional activity (consumers). The provisions under section I shall apply to consumers.

1.2 These terms and conditions of sale shall apply exclusively. They shall also govern all future transactions between the parties and shall also apply if ZURRPACK delivers the goods despite knowledge of differing or contrary terms. Differing or contrary terms shall not apply unless we have expressly agreed upon these in writing. ZURRPACK expressly refutes its customers’ general terms and conditions and this shall also apply in advance to all future transactions unless they have been expressly agreed in writing by ZURRPACK and the customer in advance. Terms and conditions differing from, contrary to, or in addition to the present General Terms and Conditions (GT&Cs) shall not constitute an integral part of the contract, even if there is awareness of these, unless their validity is expressly agreed in writing. They shall also apply to all future business relations vis-à-vis entrepreneurs even if they are not expressly agreed again.

1.3 For the purposes of the GT&Cs, an entrepreneur is any natural or legal person or partnership with legal personality with whom or which a business relationship is entered into and who or which is acting in exercise of a commercial or independent professional activity. 1.4 All agreements which are made between ZURRPACK and the customer in connection with the purchase contracts are set out in writing in the GT&Cs and the purchase contract.

 

2. Conclusion of Contracts

2.1 The contractual language is German. All of our offers are subject to alteration and non-binding. Details in brochures, catalogs, etc. (including online) are merely invitations to submit an offer (an invitation to bargain). All conclusions of contract shall become valid only when confirmed by us. Verbal undertakings and guarantees given by representatives and employees shall only be legally binding for ZURRPACK when a written confirmation is issued by ZURRPACK. A contract shall only come into being when ZURRPACK confirms the order in writing or indicates its acceptance of the order by delivering the goods. Changes to the purchaser’s declaration of acceptance require written confirmation from ZURRPACK. Delivery of the goods following an altered declaration of acceptance shall not constitute acceptance of the altered conditions through conclusive behavior.

2.2 Details in brochures, offers, and written documentation relating to our products, and especially dimensions and technical data, are only rough and approximate; they do not constitute a guaranteed nature unless there is an express guarantee in writing.

 

 

3. Conclusion of Contracts in the Online Shop

3.1 With regard to the purchase of goods via the online shop, this section 3, as a more specific provision, shall take precedence over section 2 above in the event of inconsistencies.

3.2 The display of products in the online shop does not constitute a legally binding offer, but is instead a non-binding online catalog that invites the customer to submit an offer.

3.3 When the customer has entered their personal data and clicks on the "Place order and pay" button in the final step of the order process, the customer is submitting a binding offer for the goods contained in the shopping basket by placing a binding order. Immediately after the order has been sent, ZURRPACK shall confirm receipt and the contents of the order. Confirmation of receipt and of the contents of the customer’s order does not yet constitute acceptance of the customer’s offer.

3.4 ZURRPACK can accept the customer’s offer within 5 days, • by sending the customer a written order confirmation or an order confirmation in text format (fax or e-mail), whereby in this respect receipt of the order confirmation by the customer is the determining factor, or • by delivering the ordered goods to the customer, whereby in this respect the receipt of the goods by the customer is the determining factor, or by asking the customer for payment after the customer has submitted the order.
If more than one of the above alternatives apply, the contract shall come into being at the point in time when, in chronological terms, the first alternative comes to pass. If ZURRPACK does not accept the customer’s offer within the period of time specified above, the offer shall be deemed to be declined with the consequence that the customer shall no longer be bound to their declaration of intent. The period for accepting the offer shall start on the day on which the offer is sent by the customer and shall terminate at the end of the 5th working day that follows the sending of the offer.

3.5 ZURRPACK will store the text of the contract and send the customer the order details by e-mail. Thereafter, the customer will also receive an order confirmation in addition. The current version of the GT&Cs may be viewed at any time via the online shop before placing an order. Previous orders may be viewed in the customer account.

3.6 If an order is shipped in more than one parcel, it may happen that the customer will receive a separate shipping confirmation for each parcel. In this case, a separate purchase contract for the products contained/listed in the relevant shipping confirmation shall come into being for each shipping confirmation.

 

4. Data Protection

ZURRPACK stores and processes customers’ order data in accordance with the relevant provisions of the German Federal Data Protection Act (BDSG), the General Data Protection Regulation (GDPR), and the German Telemedia Act (TMG). The customer agrees that ZURRPACK may opt to send invoices to customers by electronic means.

 

 

5. Prices

5.1 All prices stated by ZURRPACK are ex works and, unless otherwise agreed in writing, are net prices in euros exclusive of value-added tax at the statutory rate. This shall be invoiced separately. In addition, the prices do not include packaging or shipping costs or any applicable charges for the payment method. These costs and charges may be viewed at the website www.zurrpack.eu.

5.2 ZURRPACK shall calculate the prices agreed when the contract is concluded and these prices shall be based on the applicable cost factors at that time. In the event that these cost factors – especially materials, wages, transportation charges, taxes, etc. – change between the conclusion of the contract and the agreed delivery date, ZURRPACK shall be entitled to alter the prices accordingly. In this case, the customer shall have the right to cancel.

5.3 Despite our best efforts, it is possible that, for a small number of products, the wrong price will be shown on the website or in other details supplied by ZURRPACK. If the item is displayed with the wrong price and the correct price is higher than the one shown, ZURRPACK will contact the customer prior to the item being shipped and give the customer the choice of purchasing the product at the correct price or cancelling the order. If the correct price of a product is lower than the price stated by ZURRPACK, ZURRPACK will charge the lower amount and send the product to the customer.

5.4 Despite careful stock control, an item can sometimes sell out faster than anticipated, especially when larger orders are placed. We therefore do not offer any guarantee of supply. Availability is only while stocks last. 5.5 ZURRPACK supplies Germany, member countries of the European Union, and third countries (e.g., Switzerland). Deliveries arising from an online order are only made within the European Union. Packing and shipping costs apply to these deliveries. Shipping costs are calculated on a flat-rate basis. In the case of online purchases, shipping costs are updated automatically in line with our table of shipping charges when a shipping address is entered or selected. All details of shipping costs can also be found at https://www.zurrpack.eu/versand-und-zahlungsbedingungen.

 

6. Terms of Payment

6.1 Unless otherwise agreed, all prices are ex works from Dornstadt and do not include packing or shipping costs, or statutory value-added tax. The current terms of shipping and payment can be found via the following link: https://www.zurrpack.eu/versand-und-zahlungsbedingungen.

6.2 Payment for all orders placed by entrepreneurs by telephone, in person, or by fax/e-mail is due within 14 days of the invoice date with a 2% discount or net within 30 days. Unless the order is an online order (section 3), the minimum order value is EUR 100.00 net. A minimum order value of EUR 25.00 net applies to online purchases.

6.3 In all other cases not specified above, payments must be made without any deductions within 30 days of delivery and the invoice date. In addition, we reserve the right to demand prepayment or a security before providing services or deliveries that are still pending if, after concluding the contract, we become aware that our claim for payment is jeopardized by the purchaser’s lack of ability to pay. Services and deliveries to customers outside Germany and Austria shall only take place after prepayment. If the order value exceeds EUR 10,000, 50% of the invoice amount shall be due for payment when the order is placed. In such cases, delivery shall take place once payment has been received by ZURRPACK. Different terms of payment may be agreed in writing.

6.4 The purchaser authorizes us to collect information from credit institutions about the purchaser’s creditworthiness and ability to pay in relation to all transactions whereby the purchase price is not to be paid in cash when the goods are handed over.

6.5 If goods are returned without authorization, a handling fee of EUR 20.00 net shall be invoiced.

6.6 If the purchaser defaults on payment of the purchase price, interest on the debt at a rate of 9% over the applicable base interest rate of the European Central Bank (ECB) shall be payable. We are also entitled to charge higher interest if we demonstrate a higher burden unless the contractual partner demonstrates that default interest damages were much lower or did not occur at all.

 

7. Terms of Delivery

7.1 The customer shall receive a non-binding delivery date with the order confirmation. If it is not possible to provide a non-binding delivery date at this time, the customer shall receive a provisional order confirmation and shall receive later notification of the delivery date.

7.2 In the case of custom-made items, such as webbing in a specific length or color or with a special print, the customer shall become obliged to accept the goods when the order confirmation is received and the statutory right of withdrawal shall be excluded. The goods may not be exchanged unless they are faulty.

7.3 When producing custom-made textile webbing, the manufacturing process may result in deviations in quantity of +/-10%. The obligatory acceptance quantity may vary by this margin.

7.4 If the item ordered is not available at the time of the order, ZURRPACK reserves the right to refuse the order so that no contract comes into being. The customer shall be notified of this. Any payments that have already been made shall be refunded to the customer immediately.

7.5 Ordered goods shall be shipped to the delivery address provided by the purchaser/customer by engaging the services of third parties. The goods shall always be delivered as a curbside delivery.

7.6 Delivery presupposes the timely and correct fulfillment of the purchaser’s obligations. The right to the defense of an unfulfilled contract is reserved.

7.7 In the event of default in acceptance or some other culpable breach of the duties of cooperation on the part of the purchaser, we shall be entitled to compensation for the resultant damages, including any additional expenses. We reserve the right to make further claims. In this case, the risk of accidental loss or accidental deterioration of the goods shall transfer to the purchaser at the time of the default in acceptance or other breach of their duties of cooperation.

7.8 A performance extension period set by the customer must be at least two weeks.

 

8. Warranty

8.1 The prerequisite for any of the purchaser’s warranty rights is the purchaser’s correct fulfillment of all of the duties of inspection and complaint incumbent upon them in accordance with section 377 of the German Commercial Code (HGB).

8.2 In the event of material and legal defects which are not merely insignificant, our entitlement in addition to the statutory provisions regarding retrospective fulfillment shall be as follows: we are entitled to make repairs twice. If the nature of the item or defect or the other circumstances mean that the repair has not yet failed and this can be asked of the contractual partner, we are entitled to make further repairs.

8.3 If the repair has failed, the contractual partner shall be entitled to demand a reduction or, if they so choose, to withdraw from the contract and to assert the right to compensation in accordance with the statutory provisions and the provisions in section 9 of these GT&Cs.

8.4 The limitation period is 12 months starting from the delivery of the purchased item. This shall not apply to claims by the contractual partner arising from injury to life, body, or health, or to other damage sustained by the contractual partner based on an intentional or grossly negligent breach of obligations on our part or an intentional or grossly negligent breach of obligations on the part of our legal representatives or vicarious agents, or to claims arising from the German Product Liability Act.

 

 

9. Liability

9.1 In the event of willful intent or gross negligence on our part or on the part of our representatives or vicarious agents, we shall be liable in accordance with the statutory regulations; the same shall also apply in the event of culpable breach of essential contractual obligations. Essential contractual obligations are those where the fulfillment of these obligations characterizes the contract and upon which the customer can rely. However, provided that there has been no intentional breach of contract, our liability for compensation shall be limited to the foreseeable, typically occurring damage.

9.2 Liability due to culpable injury to life, body, or health, and liability in accordance with the German Product Liability Act remain unaffected.

9.3 Unless expressly regulated to the contrary above, our liability shall be excluded.

 

10. Retention of Title

10.1 We shall retain the ownership of the purchased item until receipt of all payments from the existing current account relationship (business relationship) with the customer; the retention is based on the recognized account balance. If the customer’s conduct is contrary to the contract and especially if the customer defaults on payment, we shall be entitled to take back the purchased item. If we take back the purchased item, this shall not constitute withdrawal from the contract unless we have expressly declared this in writing. The seizure of the purchased item by us shall always constitute a withdrawal from the contract. Once we have taken back the purchased item, we shall be entitled to utilize it and the proceeds from the utilization shall be deducted from the customer’s liabilities - less reasonable utilization costs.

10.2 If the purchase price is not paid in full, the customer must notify us in writing immediately if the goods are encumbered with third-party rights or otherwise exposed to interventions by third parties.

10.3 In the event of enforcement measures or other interventions by third parties, the customer must notify us in writing immediately in order that we can file action in accordance with section 771 of the German Code of Civil Procedure (ZPO). If the third party is unable to reimburse us for the judicial and out-of-court costs associated with an action in accordance with section 771 of the German Code of Civil Procedure (ZPO), the customer shall be liable for the deficit that we have incurred. The customer must also notify us of all damage to the purchased item as well as all changes in ownership.

10.4 The customer shall be entitled to sell on the purchased item within the regular course of business; however, the customer shall assign to our claim, at this point in time, all claims amounting to the final total of the invoice (including value-added tax) that arise for them from the resale to their customers or third parties, and this shall apply regardless of whether the purchased item has been sold on without processing or after processing. The customer shall remain authorized to collect this claim even after the assignment. The foregoing shall not affect our authority to collect the claim ourselves. However, we undertake not to collect the claim so long as the customer honors their payment obligations from the proceeds received, does not default on payment, and especially so long as there is no application made to start insolvency proceedings vis-à-vis their assets and there is no cessation of payments. If this is the case, however, we can demand that the customer notifies us of the assigned claims and debtors, provides all of the details needed for collection, issues the associated documentation, and notifies the debtors (third parties) about the assignment.

10.5 The processing or remodeling of the purchased item by the customer is always undertaken for us. If the purchased item is processed with other items that do not belong to us, we shall acquire co-ownership of the new item based on the ratio of the value of the purchased item (final total of the invoice, including value-added tax) to the other processed items at the time of processing. Otherwise, for the item produced by the processing, the same shall apply as for the purchased item conditionally delivered.

10.6 If the purchased item is mixed with other items that do not belong to us in such a way that it can no longer be separated, we shall acquire co-ownership of the new item based on the ratio of the value of the purchased item (final total of the invoice, including value-added tax) to the other mixed items at the time of mixing. If the mixing takes place in such a way that the customer’s item may be regarded as the main item, it shall be considered agreed that the customer shall transfer proportional co-ownership to us. The customer shall keep safe the sole ownership or co-ownership that has arisen in this way for us.

10.7 We undertake to release the securities to which we are entitled at the customer’s request, provided that the realizable value of our securities exceeds the claims they are intended to secure by more than 10%; the choice of the securities to be released is our responsibility.

 

11. Copyrights

We hold the copyrights to all drawings, designs, drafts, images, films, and texts published in our online shop or used for offers. This shall also apply if these are created in consultation with the customer. Any use of the drawings, designs, drafts, images, films, and texts is prohibited unless we have given our express consent.


12. Custom-Made Products

With regard to custom-made products based on requirements/drawings from customers/resellers, the customer or reseller in question shall indemnify ZURRPACK against any claims due to breach of third-party rights.

 

 

13. Final Provisions, Applicable Law, and Place of Jurisdiction

13.1 The law of the Federal Republic of Germany shall apply. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

13.2 The ZURRPACK place of business shall be deemed the place of performance for all obligations arising from the contractual relationship, including any warranty claims.

13.3 The exclusive place of jurisdiction for all disputes arising from this contract shall be the ZURRPACK place of business. The same shall apply if the customer has no general place of jurisdiction in Germany or if the domicile or usual place of residence is unknown at the time when the action is filed. ZURRPACK is also authorized to exercise the option of bringing the matter before the court in a different statutory place of jurisdiction.

13.4 In the event that any provision in these GT&Cs is or becomes invalid, this shall not affect the effectiveness of the rest of the provisions. The statutory provisions shall replace the invalid provisions. The same shall apply if the GT&Cs reveal an unforeseen omission.

Zuletzt angesehen