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General Terms and Conditions

General terms and conditions

Important information: This English version of the “General terms and conditions” is for information purposes only. For legal questions please refer to the German version.

Version 1.0, Valid from 01.01.2018

1. Scope

For all orders via our online shop by consumers and entrepreneurs, the following genereal terms and conditions apply.

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a joint partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

These General Terms and Conditions also apply to future business relations with entrepreneurs without the need for us to refer to them again. If the entrepreneur uses contradictory or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.

2. contracting party, conclusion of contract

The purchase agreement is concluded with Zaunfuchs GmbH.

The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping bag without any obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking the order button, you place a binding order for the goods contained in the shopping bag. The confirmation of the receipt of your order will be sent by e-mail immediately after sending the order.

The contract is then concluded with the sending of an order confirmation to you.

3. contract language, contract text storage

The language available for the conclusion of the contract is German.

We save the text of the contract and send you the order data and our General Terms and Conditions by e-mail. The contract text is no longer accessible via the Internet for security reasons.

4. terms of delivery

Shipping costs are added to the indicated product prices. You can find out more about the shipping costs on the information page "Shipping costs".

We do not deliver to packing stations.

5. payment

Payment in advance (3% additional discount)

Pay directly by prepayment and benefit from an additional 3% discount on the total amount.

You will receive your order confirmation with the invoice shortly after the order, on the invoice you can find our bank details. The discount is automatically deducted in the ordering process.

Payment via PayPal

If you already have a Paypal account or would like to create one, you can easily and securely pay with it. After you have selected the payment method Paypal, log in with your email address and password and confirm the payment amount. We will immediately receive a payment confirmation and can process the order directly. Your advantage: You are additionally secured via Paypal with the buyer protection and the payment is free of charge for you.

Payment by PayPal Express

The PayPal Express button directly leads you from the shopping cart to your PayPal account. Order information, such as payment or address data, is transferred directly from PayPal and does not have to be entered again. Simple, fast and mobile.

Payment via Amazon Pay

With Amazon Pay you can quickly, easily and securely log into your personal Amazon account and thus do not need to create a customer account in our online store. Subsequently, you can select your stored shipping address and payment method from your data stored with Amazon and complete your purchase with us. There are no additional costs for you when paying via Amazon.

Payment by direct debit

You can pay your ordered goods via the payment service Paypal by direct debit. For this payment method you do not need a PayPal account. The payment is free of charge for you.

Payment by credit card

You can pay your ordered goods via the payment service Paypal by credit card. For this payment method you do not need a PayPal account. The payment is free of charge for you.

Payment by invoice (possible up to a value of goods of 5000,00€)

From a value of goods of 500,00€ we carry out the purchase on account independently. The purchase on account is only possible for deliveries by forwarding agencys. You will receive an order confirmation after the order and pay the total amount conveniently within 10 days after the invoice date to our business account. Please note that we can only offer the payment method if there is sufficient creditworthiness and the billing and delivery address are identical.

6. Retention of title

The goods remain our property until full payment. For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the receivables, but we may also collect receivables ourselves if you fail to meet your payment obligations.

7. Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

Für Unternehmer gilt: Die Gefahr des zufälligen Untergangs und der zufälligen Verschlechterung geht auf Sie über, sobald wir die Sache dem Spediteur, dem Frachtführer oder der sonst zur Ausführung der Versendung bestimmten Person oder Anstalt ausgeliefert haben. Unter Kaufleuten gilt die in § 377 HGB geregelte Untersuchungs- und Rügepflicht. Unterlassen Sie die dort geregelte Anzeige, so gilt die Ware als genehmigt, es sei denn, dass es sich um einen Mangel handelt, der bei der Untersuchung nicht erkennbar war. Dies gilt nicht, falls wir einen Mangel arglistig verschwiegen haben.

8. Warranty and guarantees

Unless otherwise expressly agreed below, the statutory liability for defects shall apply. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.

For entrepreneurs, the limitation period for defect claims shall be one year from the transfer of risk; the statutory limitation periods for the right of recourse pursuant to § 478 BGB shall remain unaffected.

For entrepreneurs, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements made by the manufacturer or other advertising statements. If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion by remedying the defect (rectification) or by delivering an item free of defects (replacement delivery). The above mentioned restrictions and shortening of time limits do not apply to claims based on damages caused by us, our legal representatives or vicarious agents.

in the event of injury to life, body or health
in case of intentional or grossly negligent breach of duty as well as fraudulent intent
in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligations)
within the scope of a warranty promise, if agreed upon
insofar as the scope of application of the Product Liability Act is opened.

Information on any additional warranties that may apply and their exact terms can be found with the product and on special information pages in the online shop.

9. Liability

For claims based on damages caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation

in the event of injury to life, body or health,
in case of intentional or grossly negligent breach of duty,
in the case of warranty promises, if agreed, or
insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of material contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

10. code of conduct

We have submitted to the following codes of conduct:

Trusted Shops Quality Criteria
http://www.trustedshops.com/tsdocument/ TS_QUALITY_CRITERIA_de.pdf

11. Dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here: http://ec.europa.eu/consumers/odr/.
We are not obligated or willing to participate in dispute resolution proceedings before a consumer arbitration board.

12. final clauses

If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us shall be our place of business.

Supplementary General Terms and Conditions for easyCredit Installment Purchase

1. Scope of application and general terms of use

The supplementary General Terms and Conditions below (hereinafter referred to as GTC) apply between you and the merchant for all contracts concluded with the merchant in which the easyCredit installment purchase (hereinafter referred to as installment purchase) is used.

In the event of a conflict, the supplementary GTCs shall take precedence over the merchant's general terms and conditions to the contrary.

Installment purchase is only possible for customers who are consumers according to § 13 BGB and have reached the age of 18.

2. installment purchase

For your purchase, the merchant provides you with the installment purchase as an additional payment option with the support of TeamBank AG Nürnberg, Beuthener Straße 25, 90471 Nürnberg (hereinafter TeamBank AG).

The merchant reserves the right to check your creditworthiness. For more details, please refer to the installment purchase data protection notice in the order section. If the use of installment purchase is not possible due to insufficient creditworthiness or reaching the merchant turnover limit, the merchant reserves the right to offer you an alternative payment option.

The contract for an installment purchase is made between you and the merchant. No outpayment will be made, but with the installment purchase you decide to pay off the purchase price in monthly installments. Monthly installments are to be paid over a fixed term, whereby the final installment may differ from the previous installment amounts. The ownership of the goods remains reserved until full payment.

The receivables arising from the use of the installment purchase are assigned by the merchant to TeamBank AG within the framework of a current factoring agreement. Payments can only be made to TeamBank AG with debt-discharging effect.

Apart from the general trade supervisory authority, the merchant is not subject to supervision by any supervisory authority. You can send complaints to the merchant by letter or email.

3. installment payment by SEPA direct debit

By the SEPA direct debit mandate issued with the installment purchase, you authorize TeamBank AG to collect the payments to be made by the installment purchase from your checking account specified in the order process at the credit institution specified there by means of a SEPA direct debit.

Collection will take place at the earliest on the specified date of the pre-notification/advance notice. A later, more timely collection can be made.

If a reduction in the purchase price amount occurs between the pre-notification and the due date (e.g. due to credit notes), the amount debited may differ from the amount stated in the pre-notification.

You must ensure that there are sufficient funds in your current account at the time of the due date. Your bank is not obliged to honor the direct debit if there are insufficient funds in your checking account. .

If a return debit note is issued due to a lack of sufficient funds in the current account, due to an unjustified objection by the account holder or due to the expiration of the current account, you will be in default even without a separate reminder, unless the return debit note results from a circumstance for which you are not responsible.

Your credit institution may charge TeamBank AG with the costs of a returned direct debit for which you are responsible, which TeamBank AG will claim from you as damages and which you will have to reimburse to TeamBank AG. You reserve the right to prove to TeamBank AG that the damage was less or that no damage was incurred at all.

If you are in default, TeamBank AG is entitled to charge a reasonable reminder fee or default interest at a rate of five percentage points above the respective base interest rate of the European Central Bank for each reminder.

Due to the high costs associated with a return debit note, we ask you not to object to the SEPA debit note in the event of a withdrawal from the purchase contract, a return or a complaint. In these cases, the reversal of the payment will be carried out in coordination with the merchant by re-transfer of the corresponding amount or by a credit note.