The following General Terms & Conditions apply to you as a consumer customer when you shop and buy in the Zwitscherbox Online Shop:
Our General Terms & Conditions apply to all consumers that have entered into a purchase agreement with the Zwitscherbox Störring/Clasen Gbr concerning products offered on the internet page of Zwitscherbox.com. A consumer is defined as a party that concludes a contract for reasons that cannot be imputed to commercial nor self-employed professional activities.
Our offers concerning the range of goods are noncommittal and subject to change without notice. The order of the goods by the customer is considered a binding contract proposal. Upon receipt of the order, the customer shall receive an automated e-Mail confirming the receipt of the order placed, as well as the order details (Confirmation of Receipt). This confirmation of receipt does not constitute acceptance of contract. As far as the order is not altered, we are entitled to accept this contract proposal within two (2) weeks after receipt by us. The acceptance is made by delivering the merchandise to the customer.
3. Right of Revocation
Right of Withdrawal
You may declare the revocation of your contractual statement in text form (e.g., letter, fax, e-mail) without giving reasons or, if the goods have been returned before the revocation period, by returning the merchandise within a period of fourteen (14) days. The revocation period shall begin after receipt of these instructions in text form, however not before receipt of merchandise by the recipient and also not prior to the fulfillment of our duty to inform in accordance with Article 246, Section 2 in connection with Section 1, Para. 1 and 2 of the Introductory Act to the German Civil Code, as well as our duties in accordance with Section 312g, Para. 1, Item 1 of the German Civil Code in connection with Article 246, Section 3 of the Introductory Act to the German Civil Code. The revocation period shall be deemed observed if the goods are returned or notice of revocation is given within this period.
The revocation or the return shipment of the merchandise should be sent to: Relaxound, Philipp Störring, Willmanndamm 7, 10827 Berlin, Germany.
Consequences of Revocation
In case of a valid revocation, all mutually received services are to be returned and any benefits received (e.g., interest), if applicable, are to be surrendered. If you are unable or partially unable to return or surrender to us the services or benefits received or can only return or surrender such in a deteriorated condition, you are obligated to compensate for such deterioration. You are only obligated to compensate for material deterioration and benefits received to the extent that the benefits or the deterioration is attributable to handling the goods in a manner that goes beyond checking its characteristics and functionality. “Checking its characteristics and functionality” is understood to mean testing and trying out the merchandise as is possible and customary in a retail establishment. Items eligible for shipping as a parcel are to be returned to us at your own risk. You are obliged to bear the regular costs of the return shipment if the merchandise delivered corresponds to the merchandise ordered and if the price of the merchandise to be sent back does not exceed an amount of EUR 40.00 or, if the price is higher, you have not yet paid compensation or made a partial payment as contractually agreed as of the date of the revocation. In all other cases, the return shipment is free of charge for you. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation. The period begins for you once you send the goods or your declaration of revocation; the period begins for us with the receipt thereof.
End of Revocation Instruction
4. Costs of the Return Shipment in the Case of Revocation
Should you make use of your Right of Withdrawal according to Item 3, you are obliged to bear the regular costs of the return shipment if the merchandise delivered corresponds to the merchandise ordered and if the price of the merchandise to be sent back does not exceed an amount of EUR 40.00 or, if the price is higher, you have not yet paid compensation or made a partial payment as contractually agreed as of the date of the revocation. In all other cases, the return shipment is free of charge for you.
5. Pricing and Shipment
All prices noted are EUR-prices and include VAT. The in addition to the purchase price occurring Delivery and Shipping Costs (LINK FAQ Versand) are to be paid by the buyer.
Payment is always the option of the customer by advance payment or PayPal. In the event of payment delay – subject to the assertion of further delay damages –we are entitled to demand late interest at a rate of five (5) percentage points above the base lending rate. The customer is only entitled to set-offs in the case of undisputed or legally established claims.
We are entitled, to a reasonable extent, to make partial deliveries/short shipments. In the event that an ordered item is not deliverable, we will inform the customer without delay that the merchandise is not available and refund any payments already undertaken for this merchandise. Should we not be able to comply with a scheduled delivery date, the buyer must set a reasonable period of grace that in no case may fall below two weeks.
8. Reservation of Proprietary Rights
We reserve the ownership of the delivered goods until full payment of the purchase price for the goods has been rendered.
In the event of defectiveness of the delivered merchandise, the buyer is entitled to statutory rights. The manufacturer is liable for those given manufacturer guarantees exceeding the statutory rights.
10. Liability for Damages
Our liability for damages, irrespective of legal ground (in particular in the cases of delay, defects or other breaches of duty) is limited to the contract coherent, foreseeable damages. For slight negligence we are only liable for breach of contractual obligations, whose fulfillment of the purpose of the contract is of special importance (cardinal obligations). Moreover, a liability for damages of any kind, irrespective of whatever basis for claim, including the liability for culpa in contrahendo, is excluded. The limitations of liability shall also apply to the legal representatives, officers and other agents. The above limitation shall not apply to our liability for wilful misconduct or gross negligence, for guaranteed characteristic of state, for injury to life, limb or health or according to the product liability law.
11. Data Privacy
This Agreement and the entire legal relationship between the parties are subject to the laws of the Federal Republic of Germany excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Should any provision within this agreement be ineffective or contain a void, the remaining provisions shall remain unaffected.
Stand: March 2014