- a) Our offers, deliveries and services are subject exclusively to our General Terms and Conditions of Sale and Delivery set out below. Third-party GTCs are irrelevant for us; rather, they are hereby expressly rejected.
- b) All individual agreements made verbally, by telephone or via messenger (e.g. Whatsapp) are only binding if they have subsequently been confirmed by us in writing.
ZIBI GmbH
Detailed General Terms and Conditions (AGB) of ZIBI GmbH
Detailed General Terms and Conditions of ZIBI GmbH. The German version is available through the language link on this page.
Deutschsprachige Version1. General
2. Offers
- a) Our offers are always made without engagement and in particular do not oblige us to accept the order.
- b) Unless otherwise agreed, they shall be valid for 14 days. Other periods of validity, even if confirmed in writing, shall only apply subject to the proviso that no fundamental or serious changes occur (currency fluctuation, economic situation, company sale, bankruptcy, etc.).
3. Delivery
- a) Delivery shall always be made for the account and at the risk of the customer. Without special instructions from the customer, we shall independently search for the most sensible shipping route.
- b) There is no insurance obligation for goods and delivery dates. As soon as we have handed over the goods to the carrier, they shall be deemed "delivered" and subject to payment. Transport insurance will only be taken out at the express request of the customer and against payment of the insurance costs and a handling fee of EUR 10.
- c) Every customer is free to collect the goods from our warehouse in Bad Säckingen or to have them collected by our own transport service.
- d) Packaging shall be carried out in accordance with professional and commercial standards. Special packaging, additional packaging or special labelling of the goods or the packaging will be charged at cost price.
- e) Customs formalities for import and export are the responsibility of the customer. The preparation of export documents will be invoiced separately at cost. The costs of the transporter for import and export shall be borne 1:1 by the customer.
4. Delivery times
- a) The delivery periods begin at the time of order clarity or with the date of the order confirmation. They end when the goods leave our warehouse in Bad Säckingen; the transport time is not included in the delivery times.
- b) Delivery details and promises in the catalogue and on other advertising media are only indicative and non-binding.
- c) If a confirmed date cannot be met, we will inform our customers as early as possible. If the delivery time is foreseeably exceeded by more than 7 working days from the date originally promised in writing, customers are entitled to withdraw from the order without incurring any costs, provided they notify us in writing within 2 working days of being informed that the delivery time has been exceeded.
- d) Any liability for consequential costs of missed delivery dates is strictly rejected. Any liability for delayed or missed deliveries due to force majeure (natural events, fire, water damage, strike, serious operational disruption, shortage of raw materials or goods) is also rejected.
- e) Partial deliveries shall be deemed to be self-contained transactions and shall be invoiced accordingly.
5. Reservation of withdrawal
- a) We are entitled to withdraw from a concluded contract (order confirmation) if events of force majeure occur (see 4.1), unsatisfactory information is received about the creditworthiness of the customer or the customer files for bankruptcy or composition proceedings after the order has been placed.
- b) If the customer is in default of payment for a previous delivery, we are entitled to withhold deliveries without being obliged to compensate any resulting damage.
- c) If the customer does not accept the goods on time due to his fault, we shall set a grace period of 14 days to accept the goods. After this period, the goods shall be deemed to have been returned, see 10.
- d) In the event of non-acceptance or refusal of acceptance, the costs of return transport shall be borne by the customer.
6. Prices and payment
- a) Our prices are ex warehouse and do not include VAT.
- b) The prices valid at the time of order clarity (order confirmation) shall be decisive.
- c) However, if a delivery period of more than 30 days has been agreed, the prices applicable at the time of delivery shall apply. The period shall apply from the date of the order confirmation.
- d) Prices are net and are payable within 30 days of the invoice date. Unjustified and not agreed deductions will be charged subsequently.
- e) However, we reserve the right to make deliveries dependent on payment in advance, without giving reasons.
- f) Payment shall only be deemed to have been made when we can freely dispose of the amount.
- g) Other provisions shall only apply if they have been agreed in writing in advance.
- h) In the event of default in payment, interest on arrears shall be charged at the rate of 0.5% per month or part thereof.
- i) As of the occurrence of default in payment, we shall be entitled to claim damages and to withdraw from the contract, refusing performance.
- j) Bills of exchange and cheques are not accepted. Credit card and Paypal payment are possible on request.
7. Insured transport damage
- a) If insured by us, any transport damage to goods delivered by us must be claimed against the carrier immediately, at the latest within 5 working days, with photographs as evidence. The evidence for this must be secured - possibly with the help of an expert - and openly presented.
- b) Transport and packaging damage to uninsured deliveries (normal case) must be reported to us within 24 hours of delivery with photographs as evidence. If the facts are clear, customers will receive a replacement delivery or a credit note.
8. Missing goods, wrong deliveries
- a) The customer must inspect our delivery immediately after receipt to ensure that it is in order. Short or incorrect deliveries, as well as any obvious defects, can only be objected to in writing within 5 working days of receipt.
- b) In the case of short deliveries, the exact total weight of the delivery must be stated.
- c) In the case of incorrect deliveries, photographs must be taken to prove the error.
9. Defective or defective goods (warranty cases)
- a) Obviously defective goods must be reported to us within 5 working days with photographs as evidence.
- b) Quality defects, material damage and defects in unused goods and equipment that could only be detected later must be reported within 1 year. Otherwise, any claim for compensation expires.
- c) Returns on our instruction shall be at our expense. If an unsolicited return is made by the customer, the transport costs shall be borne by the customer.
- d) If the inspection shows that there is a manufacturing or material defect, we shall, at our discretion, repair, replace or issue a credit note.
- e) If the rectification of defects fails, if a replacement delivery is impossible or if credit is not granted, the buyer shall be entitled to rescission of the contract with full reimbursement of his previous payment or a reduction of the purchase price (abatement).
- f) Warranty obligations do not exist if the defect that has occurred is causally related to the fact that the buyer has not reported a defect in accordance with the above clauses or the object of purchase has been improperly handled, assembled, opened, disassembled or put into operation.
8. Retention of title
- a) All goods delivered by us remain our property until they have been paid for in full.
- b) The assignment of the payment obligation requires our express written consent in advance.
- c) Any additional costs and expenses arising therefrom shall be borne in full by the customer.
9. Copyrights
10. Return, delivery returns
- a) The return of goods already delivered requires our prior written consent.
- b) Packaging, risk and shipping costs of the return shall be borne by the customer.
- c) Only undamaged goods in their original packaging will be taken back.
- d) Goods specially printed, produced or modified for customers cannot be returned or will not be refunded.
11. Right of withdrawal
- a) The statutory right of withdrawal (§ 312g BGB) applies to private individuals, i.e. end consumers, within 14 days of receipt of the goods. The cancellation must be made by e-mail to sale@zibi.de or by telephone on +49 7761 918 4906. The shipping costs for revoked deliveries of goods shall be borne by the customer.
- b) The right of withdrawal expires with the unpacking or use of the goods.
12. Disclaimer
13. Place of performance and jurisdiction
- a) The place of performance for all deliveries and services is the registered office of our company.
- b) For all present and future claims arising from our business relationship with purchasers who are registered traders, the local court of Bad Säckingen or the district court of Waldshut-Tiengen 1 shall be the exclusive place of jurisdiction. The same place of jurisdiction shall apply if the customer does not have a general place of jurisdiction in Germany or relocates its place of residence or habitual abode outside Germany after conclusion of the contract or its place of residence or habitual abode is not known at the time the action is brought.
14. Foreign business (outside Germany)
- a) The provisions of the Hague Convention for international sales contracts shall not apply. German law shall apply exclusively to the contracts concluded with our purchasers.
- b) The application of the Uniform Laws on the International Sale of Goods of 17.07.1973 is excluded.