On this basis we will gladly process your order. Legal practitioners refer to it as the General Terms and Conditions (GTC). At this point we are unable to manage without the use of legal terminology. Here follows the basis of our legal relationship:
I.) The first part of our GTC deals with contact details, applicable law, references to alternative online dispute resolution (ODR) and legal framework conditions, and the question of who this can be addressed to:
A brief introduction: These GTC apply to the company Wilhelm Zuleeg GmbH, Orter Ringweg 19, 95233 Helmbrechts. Please direct your inquiries, complaints (and suggestions) to this address. Our full company details can be found in the imprint.
Contracts come into being when each contracting partner states their will clearly, and in contractual relations the discussion of “one or the other” is always necessary. To this end the contact details of our customers must be available to us should we require to contact them. We send legally relevant declarations (e.g. a shipping confirmation) as electronic declarations as well (legally referred to as “Text format”) to the last known email address. This email address will have been received either, through the receipt of a current ordering process, or you have provided us with your email address when opening a customer account. It is your responsibility to supply us with your contact details, particularly your email address when placing an order and to inform us immediately of changes during the course of an ongoing order process.
The choice of law to a contractual relationship is important to us. We would like to achieve clarity from the start regarding the law applicable to the contractual relationship with our customers. The applicable law shall be exclusively the law of the Federal Republic of Germany. In our view this is the only definitive legal system for contractual relations that come into being or are entered into through our shop or our website. We exclude the application of UN purchasing law. We contradict any conflicting conditions from our customer regarding applicable law.
And perhaps an important note at this point, prompted by our legislator: We obviously do our best to satisfy you as our customer. Nevertheless, life experience has taught that not all business transactions run smoothly. The following contains further regulations which deal with this issue. Should problems arise, the European Commission has created the possibility of an alternative online dispute resolution (AODR) for specific cases, which you can find on the internet at the following link:
Contracts with companies falling under § 14 of the German Civil Code are not regulated by these GTC. We reserve the right to prepare separate terms and conditions for contractual relations with this group of customers.
II.) The second part of our GTC deals with our offers and the manner in which a sales agreement with us is concluded (please read carefully as a contract is binding).
Products which are displayed in our online-shop are non-binding offers. Their display resembles a catalogue. Each product displayed is merely a representation of an online-catalogue from our web-shop. The display of a product is by no means a legally-binding offer for the conclusion of a contract. In legal terms, our products in the web-shop are an invitation to our customers to submit us an offer to enter into a purchase contract for a product which they wish to acquire. For this it is necessary that a choice be made from the products on offer. Should you wish to make a purchase, place your chosen products in the shopping cart of your ordering transaction. Once a choice and final decision has been made, commence the contract processing by activating the “Order Button” in the electronic order procedure. By activating the order button you submit a legally binding offer. This offer also includes the quantity and price of the ordered products.
And at this point it is important to note that your order will only be confirmed based on our GTC.
You then receive a confirmation of your binding order. This confirmation is sent electronically and, as a rule, should be received promptly once your order has been placed.
Should we identify any constraints after receipt of your order, these will be communicated to you by means of an electronic declaration.
Once the ordered products are ready for dispatch, we send a dispatch confirmation. This could also be sent in electronic form. The dispatch confirmation also serves as an acceptance of your offer. The contract entered into with us comes into effect in the form, and with the content , as per our dispatch confirmation.
It might occur that your order is unable to be dispatched in one piece. A contract is not deemed fulfilled by a dispatch confirmation containing only parts of an order. (A dispatch confirmation containing only parts of an order is not deemed invalid). It remains to be valid unless it is immediately revoked by you by means of a statement in written form or in text form. The contractual acceptance of an open order is appropriately explained as set out in Section II.5.
III.) In the third section our GTC deals with contractual content such as prices, product sizes, delivered quantities and modes of dispatch etc. It should be noted that for sample orders, the principle conditions set out in paragraph IV. of our GTC are included.
The price information in our web shop is directed to consumers. They include all taxes and duties applicable in the Federal Republic of Germany. The statutory value-added tax is included in the price. Further price components are charged separately.
- a) Packaging costs are charged separately insofar as they are based on a mode of dispatch specially requested by yourselves. The same applies for deliveries of orders outside of our standard packaging (See paragraph III.4. below), or for international deliveries.
- b) Postage, delivery and freight costs are charged in addition to the value of the goods. Please refer to the attachment, Packaging and Postage, for the amount of these costs.
- c) You will be timeously informed of additional price components during the ordering process. The following methods of payment are available to you:
– Bank transfer prior to dispatch confirmation
(Should delivery not be possible, the purchase price paid will immediately be fully reimbursed) and
– Payment by invoice within 14 days
(These methods of payment are only valid for orders from registered customers through Log-in)
Our fabrics are delivered by the metre. Our standard packaging is the delivery as folded goods. The quantity of your order should, as a rule, be at least one meter of fabric.
We reserve the right to set the maximum order quantity according to the standard packaging depending on the thickness and weight of the fabric from case to case.
Should it not be possible to dispatch the goods ordered in one piece using standard packaging, you will be notified in advance with regard to it being dispatched in pieces.
Order quantities larger than the size stipulated for standard packaging will be dispatched as rolled goods. This will result in additional packaging and dispatch costs.
IV.) The fourth section of our GTC deals with the sample order of fabrics:
We supply samples of our fabrics on request. Please send your request per email. The supply of samples is for the sole purpose of the visual and haptic assessment of a fabric.
Under normal circumstances sample orders (usually up to 5 samples) are provided free of charge should these accompany a binding order.
Should samples be placed without an ensuing order, a processing fee of 3,00€ will be charged. On payment of the processing fee you receive a goods voucher in the amount of the fee paid which is not redeemable in cash. This can be redeemed on a binding order for goods from our web shop for a period of up to six months from the date of the sample order.
V.) In the fifth section of our GTC we deal with the question of a revocation of the contract. To this end we supply the following XXXXXXXXXXXX REVOCATION INSTRUCTION XXXXXXXXX
Consumers have the following right of revocation:
You have the right to revoke this contract within fourteen days without specification of reasons.
The revocation period is fourteen days from the day:
- a) on which you or a your nominated third party, who is not the carrier of the goods, take, resp. took, possession of the goods,
- b) on which you or your nominated third party, who is not the carrier of the goods, take, resp. took, possession of the last goods,
- c) on which you or your nominated third party, who is not the carrier of the goods, take, resp. took, possession of the last piece of the partial dispatch.
In order to exercise your right of revocation, you are obliged to inform the company Zuleeg GmbH, Orter Ringweg 19, 95233 Helmbrechts, Telephone: +49-9252-702-0, Telefax: +49-9252-702-140, Email: firstname.lastname@example.org, by means of a clear statement (e.g. a letter sent by post, telefax or email) of your intention to revoke this contract. For this purpose you may make use of the attached sample revocation, which is however, not obligatory.
To observe the revocation period it is sufficient to send the notification of the decision to exercise the right of revocation before the expiry of the revocation period.
Consequences of the revocation:
When you revoke this contract, we are to refund all payments received by you, including dispatch costs, immediately, and at the latest, within fourteen days from receipt of your notification to revoke this contract. This is not valid should additional costs have been incurred due to your choice of an alternative form of dispatch as opposed to the cheaper standard dispatch offered by us (§ 357 Para. 2 Pg. 2 BGB). For the purpose of this refund we utilise the same means of payment used for the original transaction, unless an alternative was explicitly agreed upon with yourselves; under no circumstances will fees be charged for the refund. We maintain the right to withhold the refund until the goods have been received or proof of despatch of the goods can be provided, whichever is earlier.
The goods are to be returned or delivered to the company Wilhelm Zuleeg GmbH – Customer Service, Orter Ringweg 19, 95233 Helmbrechts, immediately or at the latest, 14 days from the day on which we were notified of the revocation of the contract. The time limit is deemed adhered to if the goods are sent before the expiry of the fourteen-day limit.
Direct costs of the return from outside of the Federal Republic of Germany are to be borne by you.
You will only be liable for possible diminished value if the diminished value with regard to quality, properties and function of the goods can be proved to be attributable to your handling.
Your revocation will be rejected for contracts:
For the dispatch of goods that are pre-produced and for which the production according to individual choice or purpose of the consumer is significantly or explicitly tailored for the consumer,
For the delivery of sealed goods that cannot be returned on the grounds of health protection or hygiene once the seal has been broken after delivery,
For the delivery of goods if, after delivery, the goods were inseparably mixed or blended with other goods,
Where the consumer has specifically requested the entrepreneur to call on him, to undertake repair work or carry out maintenance; this will not apply to further services provided that were not clearly specified by the consumer, or with regard to such goods delivered on the visit which were not required as spare parts for the maintenance work or repair.
XXXXXXXXXXXXXXXXXXXXXXXXXXX End of the revocation instruction XXXXXXXXXXXXXXXXXX
VI.) In the sixth section of our GTC we deal with the presentation of fabrics in the web shop and the warranty.
We make every effort to provide true-to-life presentation of our products in the web shop. However please do not bind us to deviations between the image and the delivered product. Fabric colours cannot be bindingly represented from web shop image. We are not liable for colour deviations between the image and the product. This also applies with respect to the structure of the despatched fabrics. Please use the option of a sample order (see Para IV.)
The warranty is based on the statutory provisions. Where used goods are the object of the contract of purchase and the buyer is not a consumer, the warranty is excluded. If the customer is a consumer, the warranty for used goods is one year.
VII.) In the seventh section of our GTC we deal with the reservation of ownership of delivered goods:
We reserve ownership of the delivered goods until all claims arising from the delivery contract have been paid in full. We are entitled to retrieve the goods should you be in breach of contract.
You are obliged to handle the goods with utmost care so long as the ownership of the delivered goods has not been transferred.
As long as the ownership of the delivered goods has not been transferred, you are obliged to notify us if the delivered item is seized or subject to other interventions by third parties. As far as such third party is unable to reimburse us, the court and out-of-court costs of a lawsuit according to § 771 ZPO, you shall be liable towards us for the resulting loss.
As long as the ownership of the delivered goods has not been transferred, you are obliged to notify us in good time of every pending workmanship or resale of the purchased goods.
Helmbrechts, April 2017
ALTERNATIVE DISPUTE RESOLUTION PURSUANT TO ART. 14 PARA. 1 ODR-VO AND 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS) which can be found under http://ec.europa.eu/consumers/odr/. We are not obligated and not prepared to participate in any dispute settlement procedure before a consumer arbitration board.