Terms of service
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts concluded between you and us as the provider (ZSU GmbH) via the website www.zsu-shop.de. Unless otherwise agreed, we reject the inclusion of any terms and conditions you may have used.
(2) A consumer, as defined in the following provisions, is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a legally capable partnership that acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods.
(2) By posting the respective product on our website, we are making a binding offer to conclude a contract through the online shopping cart system under the conditions stated in the item description.
(3) The contract is concluded through the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart." You can open the "shopping cart" via the appropriate button in the navigation bar and make changes at any time. After clicking the "Checkout" or "Proceed to Order" button (or similar wording) and entering your personal details, as well as the payment and shipping details, a final order summary will be displayed to you.
If you use an immediate payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will either be directed to the order summary page in our online store or redirected to the website of the provider of the payment system. If redirected to the respective payment system, you will make the appropriate selection or input your data. Finally, the order details will be displayed either on the payment system's website or once you return to our online store.
Before submitting the order, you have the opportunity to review and change the details in the order summary (also via the browser's "back" function) or cancel the order.
By submitting the order via the corresponding button ("order with payment obligation," "buy now," "pay now," or similar wording), you legally accept the offer, and the contract is concluded.
(4) Your requests to create an offer are non-binding. We will send you a binding offer in text form (e.g., by email), which you can accept within 5 days (unless otherwise specified in the offer).
(5) The processing of the order and the transmission of all information required for the conclusion of the contract is done by email, partly automatically. Therefore, you must ensure that the email address you provided is correct and that the receipt of emails is technically ensured, particularly that no spam filters block them.
§ 3 Right of Retention, Retention of Title
(1) You can exercise a right of retention only if it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the full payment of the purchase price.
(3) If you are an entrepreneur, the following additional provisions apply:
a) We retain ownership of the goods until all claims from the ongoing business relationship have been fully settled. Pledging or transferring the goods as security is not permitted before ownership passes.
b) You may resell the goods in the ordinary course of business. In this case, you already assign to us all claims arising from the resale, to the extent of the invoice amount, and we accept the assignment. You are still authorized to collect the claims. However, if you fail to meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of connection or mixing of the goods, we acquire co-ownership of the new item in proportion to the invoice value of the retained goods to the other processed items at the time of processing.
d) We undertake to release securities to you at your request, provided that the realizable value of our securities exceeds the secured claim by more than 10%. We will decide on the selection of the securities to be released.
§ 4 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are asked to inspect the goods immediately upon delivery for completeness, obvious defects, and transport damage and to inform both us and the carrier of any complaints as soon as possible. Failure to do so does not affect your statutory warranty rights.
(3) If a feature of the goods deviates from the objective requirements, the deviation is considered agreed only if you were informed about it before submitting the declaration of contract and if the deviation was expressly agreed upon by both parties.
(4) If you are an entrepreneur, the following warranty provisions apply differently:
a) Only our own statements and the manufacturer's product description are considered the agreed quality of the goods, not other advertising, public statements, or statements by the manufacturer.
b) In the case of defects, we will choose between repair or replacement. If the defect correction fails, you can demand a reduction in price or withdraw from the contract. The correction of defects is deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the case of repair, we are not responsible for the additional costs arising from the transportation of the goods to a location other than the place of performance if the transportation does not correspond to the intended use of the goods.
c) The warranty period is one year from the delivery of the goods. The limitation of the warranty does not apply:
- for damages attributable to us due to the injury of life, body, or health, and for other damages caused by intent or gross negligence;
- if we have fraudulently concealed the defect or have provided a guarantee for the quality of the item;
- for items that have been used for the construction of a building and caused defects in the building;
- for statutory recourse claims you have in connection with warranty rights against us.
§ 5 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers, this choice of law only applies to the extent that it does not deprive the protection granted by mandatory provisions of the law of the consumer's habitual residence (principle of favorability).
(2) The place of performance for all services from our business relationship and the place of jurisdiction is our registered office, unless you are not a consumer, but a merchant, a legal entity under public law, or a public law special fund. The same applies if you do not have a general jurisdiction in Germany or the EU, or if the residence or habitual residence is unknown at the time of the lawsuit. Our right to call a court at any other statutory jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention do not apply.
II. Customer Information
- Identity of the Seller
ZSU GmbH
Subbelrather Str. 17
50823 Cologne
Germany
Phone: 022199222714
Email: shop@zsu-gmbh.eu
Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), accessible at https://ec.europa.eu/odr.
We are not willing to participate in dispute resolution procedures before consumer arbitration bodies.
- Information on the Conclusion of the Contract
The technical steps leading to the conclusion of the contract, the contract itself, and the correction options are outlined in the "Conclusion of the Contract" section of our General Terms and Conditions (Part I).
- Contract Language, Storage of Contract Text
3.1 The contract language is German.
3.2 The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed or saved electronically via the browser's print function. After receiving the order, we will send the order data, the legally required information for distance contracts, and the General Terms and Conditions to you by email.
3.3 For inquiries outside the online shopping cart system, you will receive all contract data in a binding offer in text form, e.g., by email, which you can print or save electronically.
- Codes of Conduct
4.1 We have submitted to the Buyer Seal Quality Criteria of the Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
- Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
- Prices and Payment Terms
6.1 The prices listed in the respective offers and the shipping costs are total prices. They include all price components, including all taxes.
6.2 The shipping costs are not included in the purchase price. They can be accessed via an appropriately labeled button on our website or in the respective offer, will be displayed separately during the ordering process, and are to be borne by you unless free shipping is agreed upon.
6.3 Any costs for money transfers (e.g., transfer or exchange rate fees by the financial institutions) are to be borne by you in cases where the delivery is made to an EU member state but the payment was made outside the European Union.
6.4 The available payment methods are displayed under an appropriately labeled button on our website or in the respective offer.
6.5 Unless otherwise specified for the individual payment methods, payment claims from the concluded contract are due immediately.
- Delivery Terms
7.1 The delivery terms, delivery date, and any existing delivery restrictions can be found under an appropriately labeled button on our website or in the respective offer.
7.2 If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipping only passes to you upon delivery of the goods, regardless of whether the shipment is insured or not. This does not apply if you have commissioned a transport company not named by the seller or another person designated for shipping.
If you are an entrepreneur, the delivery and shipping are at your risk.
- Legal Warranty
The warranty for defects is governed by the "Warranty" section in our General Terms and Conditions (Part I).
These terms and customer information were created by the Händlerbund's IT law specialists and are permanently checked for legal compliance. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. More information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last Update: 01.01.2022