§ 1 Scope
The following General Terms and Conditions (GTC) apply to the sale of goods and the provision of services by (hereinafter referred to as Seller):
Zoomia Media, Claus Mueller, PF 1121, 61477 Glashuetten/Taunus; Fax: + 49 (0) 6174-961368
You can print the text of these GTC or save it on your computer. Consumers in the sense of the GTC are natural persons with whom a business relationship is entered into without a commercial or independent professional activity being attributable to them. Entrepreneurs within the meaning of the GTC are natural or legal persons or partnerships with legal capacity with whom a business relationship is entered into, who act in the exercise of a commercial or independent professional activity. Customers within the meaning of the GTC are both consumers and entrepreneurs. Deviating, conflicting or supplementary terms and conditions shall not become part of the contract, even if known, unless their validity is expressly agreed.
§ 2 Conclusion of contract
By ordering goods, the customer bindingly declares that he wishes to purchase the ordered goods. The Seller shall be entitled to accept the offer of contract contained in the order. The Seller shall immediately confirm the receipt of the order by e-mail to the e-mail address provided by the Customer. The customer waives the receipt of a declaration of acceptance according to § 151 sentence 1 German Civil Code (BGB). A confirmation of receipt does not yet constitute a binding acceptance of the order, but the declaration of acceptance can be combined with the confirmation of receipt. The offers of the seller are subject to change. We reserve the right to make technical changes as well as changes in shape, color and/or weight within reason. The customer must fulfill the following obligations to cooperate, including, for example, notifying changes of address, ensuring that he can be reached (by e-mail as well as by mail), filling out the necessary forms, and complying with the ancillary agreements mentioned in the offer, among others. The customer is obliged to notify the seller immediately of any discrepancies between the order and the confirmation and/or declaration of acceptance. The conclusion of the contract is subject to correct and timely delivery by our suppliers. This shall only apply in the event that we are not responsible for the non-delivery, in particular if a congruent hedging transaction has been concluded with our supplier. The customer will be informed about the unavailability of the service; any consideration already paid will be refunded immediately.
§ 3 Retention of title
For contracts with consumers, the seller retains ownership of the goods until full payment of the purchase price. In the case of contracts with entrepreneurs, the seller retains title to the goods until all claims arising from an ongoing business relationship have been settled. As long as the purchase price has not been paid in full, the customer is obliged, a) to handle the goods with care, and b) access by third parties to the goods, for example in the event of seizure, any damage to the goods or their destruction to the seller and/or c) immediately notify us of a change of possession of the goods and of his own change of residence. The seller is entitled to withdraw from the contract and demand the return of the goods in the event of breach of contract by the customer, in particular in the event of default in payment or the breach of one of the obligations specified in § 2. The entrepreneur is entitled to resell the goods in the ordinary course of business. He already now assigns to the seller all claims in the amount of the invoice amount which accrue to him from the resale against a third party. The seller accepts the assignment. After the assignment, the entrepreneur is entitled to collect the claim. The seller reserves the right to collect the claim himself as soon as the entrepreneur does not properly fulfill his payment obligations and is in default of payment.
§ 4 Right of revocation and return
Cancellation policy
Right of withdrawal
You have the right to cancel this contract within 14 days without giving reasons in writing (eg letter, fax, e-mail) or – if the goods before the deadline – by returning the goods. The time limit begins after receipt of this notification in writing, but not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations under Article 246 § 2 in conjunction with § 1 paragraph. 1 and 2 EGBGB (Introductory Act to the German Civil Code law) as well as our obligations pursuant to § 312e para. 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the item is sufficient to comply with the revocation period.
The revocation is to be addressed to:
Zoomia Media
Claus Mueller
Johann-Marx-Str. 8
61479 Glashuetten/Taunus
kerstin.mueller@zoomia.de
Consequences of revocation
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. Interest charges) shall be surrendered. If you are unable to return the goods received in whole or in part or only in a deteriorated condition, you may be required to compensate us for the loss of value. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection – as it would have been possible for you in a store, for example. You do not have to pay compensation for any deterioration caused by the intended use of the item.
Items that can be shipped by parcel are to be returned at our risk. You have to bear the cost of return if the delivered goods ordered and if the price returned the case of an amount not exceeding 40 euros or if you are at a higher price the thing at the time of the revocation yet the return or a contractually agreed partial payment. Otherwise, the return is free of charge for you. Items that cannot be shipped by parcel will be picked up from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation or the goods, for us with their receipt.
Sample cancellation form
(If you want to cancel the contract, please fill out and return this form).
To: Zoomia Medien, Johann-Marx-Str. 8, 61479 Glashuetten/Taunus; e-mail: kerstin.mueller@zoomia.de
– I/we* hereby revoke the contract concluded by me/us* for the purchase of the following goods*/provision of the following service*.
– ordered on*/received on*
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only in case of notification on paper)
– Date
* Delete where inapplicable.
– End of the cancellation policy –
§ 5 Remuneration, shipping costs
The purchase price offered is binding. The purchase price includes the statutory sales tax. This is at the request of the customer separately identifiable, unless the goods as “opportunity” of the differential taxation according to § 25a para. 2 UStG (VAT Act) or unless separate disclosure is excluded for other reasons – e.g. in the case of commission business. For customers outside the EU, gross applies to net. For foreign customers within the EU can be settled after verification of the VAT number from an order value over 100 euros without charging VAT. The test may take several days to complete. The customer does not incur any additional costs when ordering by using the means of remote communication. The customer will be charged for postage, packing and shipping. If the shipment cannot be delivered or the customer cannot be found, the customer must pay the shipping costs again and, if applicable, any subsequent costs, such as costs for redelivery or another trip. The customer must pay the purchase price in advance, on account or cash on delivery, unless otherwise specified or limited in the offer. Especially in the case of foreign transfers, the transfer fees are to be borne in full by the buyer, so that the seller does not suffer any disadvantages, this also applies to all refunds and credits. Upon receipt of the order, the seller reserves the goods for the customer. If, in the case of an agreed advance payment, full payment is not made within two weeks of the conclusion of the contract, the seller reserves the right to dispose of the goods elsewhere. The invoice amount is due immediately. When paying cash on delivery, the consumer incurs additional costs. If delivery is made against invoice on the basis of a special agreement, the purchase price shall be due within five days of the invoice date without any deductions. If the customer is in default with the payment, the consumer has to pay interest on the debt at 5%, the entrepreneur at 8% above the prime rate. The Seller reserves the right to prove and claim higher damage caused by delay from the entrepreneur. For each return debit note due to the fault of the customer, the seller will charge a processing fee of 10 euros. The customer has a right to offset only if his counterclaims have been legally established or acknowledged by the seller in writing.
§ 6 Delivery time, transfer of risk
The Seller shall deliver the goods in accordance with the agreement reached. If a delivery date has been agreed with the Customer, the Seller shall meet this date to the best of its ability. The Seller shall be entitled to make partial deliveries to a reasonable extent and to invoice these. The risk shall pass to the Buyer when the goods are dispatched, unless the Buyer is a consumer. This also applies if carriage paid delivery has been agreed. In case of shipment by transport companies: please note that you confirm the undamaged receipt of the package by your signature when accepting the package. If the package is visibly damaged externally, it is mandatory that you have the driver confirm in writing that the package was delivered to you damaged, or that you refuse to accept the package and absolutely state as the reason: “Package damaged.” Otherwise, no liability for damage will be accepted. If the contents of the package are indeed damaged, send us this confirmation of damage along with a detailed description of the damage. Please keep the package and goods completely until the damage is settled. We will clarify everything else with the parcel service in the event of damage. If the Seller is temporarily prevented from delivering the object of purchase within the agreed period or from providing the contractually owed service due to operational disruptions, work stoppages, lockouts, official orders or other cases of force majeure occurring at the Seller and/or at its suppliers, this period shall be extended by the duration of the hindrance. In this case, the Seller shall immediately inform the Customer of the hindrance and its expected duration. If the hindrance lasts longer than four weeks, both parties have the right to withdraw from the contract. Further rights are excluded.
§ 7 Warranty
In the event of defects in the delivered item, the customer shall initially only have a claim to subsequent performance, i.e. he may, at his option, demand the rectification of the delivered item or a replacement delivery. The Customer shall notify the Seller of the choice made in a clear manner. Only after two unsuccessful attempts at subsequent performance by the seller shall the customer be entitled to further statutory warranty claims, such as reduction of the purchase price and withdrawal from the contract. If the customer decides in the case of defective new goods for a subsequent improvement (repair), he has to send the goods at the request of the seller – to support a speedy settlement of the warranty case – directly to the manufacturer, whose address will be communicated to the customer by the seller immediately. If a repair via the manufacturer is not possible, the customer must return the goods prepaid to the seller. Warranty rights are generally excluded for goods that are sold exclusively as historical collector’s items without functional warranty and are designated as such. Information on the function and application of new and used goods or other technical information is provided by the seller to the best of his knowledge and based on existing experience. However, this information does not constitute a guarantee of the quality of the goods. The seller is entitled to make services under warranty dependent on the customer returning the defective goods to the seller or the manufacturer beforehand and enabling an examination of the complaints. If it turns out that a defect cannot be detected despite thorough examination, or if it turns out that the defect was caused by the customer himself, warranty claims are excluded. The goods will then be returned to the customer in defective condition, unless the customer has previously agreed in writing to pay the repair and shipping costs. If defective goods delivered by the Seller are returned to the Supplier by the Buyer, warranty claims shall not be due as long as no copy of the invoice was enclosed with the shipment. Should price reductions have occurred in the meantime, the seller reserves the right to credit the goods at the current market prices or to procure an equivalent device. Furthermore, the seller reserves the right to make deductions if there is a reduction in value due to use or wear and tear by the customer.
§ 8 Limitations of liability
Any liability of the Seller beyond the provisions of § 7 for direct or indirect damage – irrespective of the legal grounds and to the extent permitted by law – shall be excluded, unless the cause of damage is based on intent, gross negligence, fraudulent concealment of a defect or the absence of warranted characteristics. Despite careful control of the content, we assume no liability for the content of external links on our website. The operators of the linked pages and servers are solely responsible for their content. Should one of the servers with its content violate applicable law, we are not aware of it. Upon notification, the link will of course be deleted. Furthermore, all information about the linked providers is without guarantee. We decline any form of responsibility regarding legal and organizational conditions, contents, promises, etc. of the providers linked by us. Anyone who comes across a provider through our links and enters into a contract of any kind with that provider does so on their own responsibility.
§ 9 Data protection
The Seller shall comply with all data protection requirements, in particular the provisions of the German Telemedia Act.
§ 10 Miscellaneous
The place of performance is the place of business of Zoomia Medien. Should individual provisions of the contract with the customer, including these GTC, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.
______________________________________________________________________________
Cancellation policy
Right of withdrawal
You have the right to cancel this contract within 14 days without giving reasons in writing (eg letter, fax, e-mail) or – if the goods before the deadline – by returning the goods. The time limit begins after receipt of this notification in writing, but not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations under Article 246 § 2 in conjunction with § 1 paragraph. 1 and 2 EGBGB as well as our obligations pursuant to § 312e para. 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the item is sufficient to comply with the revocation period.
The revocation is to be addressed to:
Zoomia Media
Claus Mueller
Johann-Marx-Str. 8
61479 Glashuetten/Taunus
e-mail: kerstin.mueller@zoomia.de
Fax: + 49 (0) 6174-961368
Consequences of revocation
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return the goods received in whole or in part or only in a deteriorated condition, you may be required to compensate us for the loss of value. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection – as it would have been possible for you in a store, for example. You do not have to pay compensation for any deterioration caused by the intended use of the item.
Items that can be shipped by parcel are to be returned at our risk. You have to bear the cost of return if the delivered goods ordered and if the price returned the case of an amount not exceeding 40 euros or if you are at a higher price the thing at the time of the revocation yet the return or a contractually agreed partial payment. Otherwise, the return is free of charge for you. Items that cannot be shipped by parcel will be picked up from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation or the goods, for us with their receipt.
Sample cancellation form
(If you want to cancel the contract, please fill out and return this form).
To: Zoomia Medien, Johann-Marx-Str. 8, 61479 Glashuetten/Taunus; e-mail: kerstin.mueller@zoomia.de
– I/we* hereby revoke the contract concluded by me/us* for the purchase of the following goods*/provision of the following service*.
– ordered on*/received on*
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only in case of notification on paper)
– Date
* Delete where inapplicable.
– End of the cancellation policy –
