TERMS AND CONDITIONS

General Terms and Conditions Zimtstern Europe GmbH – Online Shop (as of March 2024)

§ 1 Applicability
The following general terms and conditions apply exclusively to the business relationship between Zimtstern Europe GmbH and the customer. They only apply to orders placed by consumers within the meaning of Section 13 of the German Civil Code (BGB).

§ 2 Conclusion of contract

The Zimtstern Europe GmbH website merely represents a sales brochure. By presenting the products on the website, Zimtstern Europe GmbH merely invites the customer to submit offers (orders). The order confirmation then sent by email does not constitute a purchase contract.
A purchase contract is only concluded when our order confirmation is sent within 1 day after receipt of the order or at the latest with delivery of the goods, which then represents acceptance of the declaration by Zimtstern Europe GmbH.
When ordering via our online shop, the ordering process involves a total of 4 steps. The first step is to select the goods you want. In the second step, enter your customer data including billing address and, if necessary, a different delivery address. In the third step, you choose how you want to pay. In the last step, you have the opportunity to check all information (e.g. name, address, method of payment, items ordered) again and correct it if necessary before sending your order to us by clicking on “Send order subject to payment”.
By submitting your order you agree to our terms and conditions. Unless otherwise agreed, the inclusion of any terms and conditions you may have used is objected to.
Goods are only sold in normal household quantities. Zimtstern Europe GmbH does not accept orders from customers who are under 18 years of age.

§ 3 Withdrawal

Consumers have a fourteen-day right of withdrawal from receipt of the goods.

Withdrawal:
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last goods. To exercise your right of withdrawal, you must inform us (Zimtstern Europe GmbH, Wiesenstr. 24, 63533 Mainhausen, email: [email protected]) inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the attached sample cancellation form, although this is not mandatory. In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

Consequences of the cancellation:
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you informed us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired. You bear the direct costs of returning the goods. You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.

Refund Request Form Template

(If you want to revoke the contract, please fill out this form and send it back.)

An
Zimtstern Europe GmbH
c/o weLOG GmbH
Siegmund-Hiepe-Straße 28 – 32
35578 Wetzlar
Germany

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) /
Ordered on (*) / received on (*)
Name of consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only in the case of a communication on paper)
Date

(*) Delete as appropriate

The right of withdrawal does not apply to the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer and which cannot be returned for reasons of health protection or hygiene are suitable if their seal has been removed after delivery.

§ 4 Extended contractual right of return

In addition and regardless of the statutory right of withdrawal, consumers can return the goods within the period from the 15th to the 21st day from receipt by sending them back to the supplier commissioned by us to deliver the goods. The prerequisite is that the respective items have a legal right of withdrawal and that they are in unused and undamaged condition.
The goods are returned at the customer’s expense and risk.
If the customer exercises his right of return in accordance with Section V.1 of these Terms and Conditions, we will refund the customer the purchase price already paid for the returned goods. Shipping costs paid by the customer will not be refunded. Returns from Switzerland: If the customer receives a shipping label from Zimtstern, the costs will be deducted when the credit is received.
The above provisions do not affect the customer's legal rights, in particular his statutory right of withdrawal in accordance with Section IV of these General Terms and Conditions and any claims for defects.

§ 5 delivery

Unless otherwise agreed, Zimtstern Europe GmbH will deliver to the delivery address specified by the buyer at the buyer's expense. However, the transfer of risk only occurs when the goods are handed over to the customer. Delivery is only possible within Germany, Austria, France, Italy, the Netherlands, Belgium and Switzerland. Delivery is carried out by the logistics service provider weLOG GmbH.
The delivery time is 2-5 days depending on the country of delivery. If Zimtstern Europe GmbH determines during the processing of your order that the products you ordered are not available, you will be informed separately by email. A contract for the unavailable goods will not be concluded.

§ 6 Prices and shipping costs

All prices stated on the seller's website include the applicable statutory sales tax.
The seller informs the customer of the respective shipping costs on the website. The buyer must bear these costs. As can be seen from Section 3 in the cancellation policy, the customer bears the direct costs of returning the goods even in the event of a cancellation.

§ 7 Warranty and Guarantees

The consumer is entitled to a warranty for defects in the purchased goods in accordance with the statutory provisions of §§ 437 ff. BGB. In particular, the customer can demand subsequent performance (new delivery or remedy of defects). Zimtstern Europe GmbH is, however, entitled to refer the customer to a new delivery if remedying the defect would involve disproportionate effort. Warranty claims expire two years after delivery of the goods. If a defect occurs within the two-year limitation period, the limitation period does not begin before four months have passed since the defect first appeared. The buyer should assert his warranty claims by stating the order number, his name and address and briefly stating the reasons. At the request of Zimtstern Europe GmbH, the customer sends the defective goods for inspection at Zimtstern Europe GmbH's expense and risk to the following address:

weLOG GmbH
Siegmund-Hiepe-Straße 28 – 32
35578 Wetzlar
Information about any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

§ 8 payment modalities

During the ordering process, Zimtstern Europe GmbH accepts the payment methods displayed, such as payment via Paypal, payment by credit card (Mastercard and Visa) or payment via Apple Pay or Google Pay.

§9 Discount vouchers, gift vouchers

The following conditions apply to Zimtstern discount vouchers. These are vouchers that cannot be purchased, but which we issue as part of advertising campaigns with a specific period of validity. A discount voucher shows either a specific, fixed amount in euros or a percentage reduction on the respective purchase value, which can be redeemed in the online shop as part of an order.

usability
Each discount voucher can only be used once. Only one discount voucher can be used per order. Only one discount voucher can be redeemed per order per customer. A combination with other discount vouchers is not possible. Cash payment of discount vouchers is not possible. The resale of discount vouchers is not permitted.
validity
Discount vouchers can only be redeemed for a limited time and expire on the date stated on the discount voucher. An extension is not possible.
Minimum order
The required minimum order value is always stated in connection with the discount voucher. If the customer redeemed a discount voucher when making his purchase, we reserve the right to charge the customer the original price of the goods that he is keeping if the total value of the order subsequently falls below the minimum order value of the discount voucher due to his (partial) revocation.
Return of goods
If the customer returns goods, the reduced purchase price will be refunded. There is no right to a refund or replacement of the discount voucher.

§10 Retention of Title

The delivered goods remain the property of Zimtstern Europe GmbH until full payment has been made.

§ 11 offsetting, retention

The customer only has the right to set off if his counterclaims are undisputed or legally established or if the claims made for offsetting come from the same contractual relationship.

§ 12 Data protection

The customer's personal data that Zimtstern Europe GmbH becomes aware of in the course of a business relationship will be stored and, if necessary, passed on to affiliated companies for the purpose of order processing. All data will of course be treated confidentially. We collect, store and use the data in accordance with the applicable data protection regulations of Zimtstern Europe GmbH. These data regulations are available here in printable form.

§ 13 Storage of the order text

The contract text is stored on our internal systems. The order details and the terms and conditions will be sent to you by email. You can view the general terms and conditions that apply to your order at any time on General Terms and Conditions (zimtstern.com). Once you have completed your order, your order details will no longer be accessible via the internet for security reasons.

§ 14 Online dispute resolution and consumer arbitration

Online dispute resolution according to Art. 14 Para. 1 ODR-VO:
The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/.
Zimtstern Europe GmbH is fundamentally neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board within the framework of the VSBG.

§ 15 Final provisions

All contracts between Zimtstern Europe GmbH and the customer are subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. This choice of law only applies to the extent that it does not exclude any mandatory applicable consumer protection regulations of the state in which the consumer has his or her habitual residence at the time of his or her order.
§ 16 Provider of the website
The one under the domain zimtstern.com The website offered is operated by
Zimtstern Europe GmbH
Wiesenstrasse 24
63533 Mainhausen

Represented by the managing directors, Mr. Hans Allmendinger and Mr. Sönke Voss, who are each authorized to represent each other

Email: [email protected]
Registration court: District Court Offenbach (Main) HRB 5147