{"id":4836,"date":"2018-06-22T00:00:00","date_gmt":"2018-06-21T22:00:00","guid":{"rendered":"https:\/\/zoeppritz.com\/en\/terms-and-conditions\/"},"modified":"2025-09-03T10:04:48","modified_gmt":"2025-09-03T10:04:48","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/zoeppritz.com\/en\/terms-and-conditions","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"

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\n GENERAL TERMS AND CONDITIONS<\/strong> <\/h3>\n <\/div>\n <\/div>\n [vc_empty_space height=”40px”]
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\n TABLE OF CONTENTS<\/strong><\/p>\n
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  1. Scope of Application<\/li>\n
  2. Conclusion of the Contract<\/li>\n
  3. Right to Cancel<\/li>\n
  4. Prices and Payment Conditions<\/li>\n
  5. Shipment and Delivery Conditions<\/li>\n
  6. Reservation of Proprietary Rights<\/li>\n
  7. Warranty<\/li>\n
  8. Redemption of campaign vouchers<\/li>\n
  9. Redemption of gift vouchers<\/li>\n
  10. Applicable Law<\/li>\n
  11. Place of Jurisdiction<\/li>\n
  12. Alternative dispute resolution<\/li>\n<\/ol>\n

    <\/div>\n <\/div>\n

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    \n <\/p>\n

    1) SCOPE OF APPLICATION<\/strong><\/h3>\n

    1.1<\/b>\u2009These General Terms and Conditions of the company Zoeppritz GmbH (hereinafter referred to as \u201cSeller\u201d) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as \u201cClient\u201d) and the Seller relating to all goods and\/or services presented in the Seller\u2019s online shop. The inclusion of the Client\u2019s own conditions is herewith objected to, unless other terms have been stipulated.<\/p>\n

    1.2<\/b>\u2009Regarding the purchase of vouchers, these Terms and Conditions shall apply accordingly, unless expressly agreed otherwise.<\/p>\n

    1.3<\/b>\u2009For contracts regarding the delivery of vouchers, these Terms and Conditions shall apply accordingly, unless expressly agreed otherwise.<\/p>\n

    1.4<\/b>\u2009A consumer pursuant to these Terms and Conditions is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these Terms and Conditions is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.<\/p>\n

    1.5<\/b>\u2009Digital content in the sense of these General Terms and Conditions are all data not on a tangible medium which are produced in digital form and are supplied by the Seller by granting certain usage rights precisely defined in these General Terms and Conditions. <\/div>\n <\/div>\n

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    2) CONCLUSION OF THE CONTRACT<\/b><\/h3>\n<\/div>\n<\/div>\n
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    2.1<\/strong>\u00a0The product descriptions in the Seller\u2019s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.<\/p>\n

    2.2<\/strong>\u00a0The Client may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after having placed the selected goods and\/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and\/or services contained in the shopping cart.<\/p>\n

    2.3<\/strong>\u00a0The Seller may accept the Client\u2019s offer within five days,
    \n– by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
    \n– by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
    \n– by requesting the Client to pay after he placed his order.
    \nProvided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client\u2019s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.<\/p>\n

    2.4<\/strong>\u00a0When submitting an offer via the Seller’s online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller shall not make the contract text accessible beyond this. If the Client has set up a user account in the Seller’s online shop prior to sending his order, the order data shall be stored on the Seller’s website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.<\/p>\n

    2.5<\/strong>\u00a0Prior to submitting a binding order via the Seller\u2019s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.
    \nThe Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.<\/p>\n

    2.6<\/strong>\u00a0The German and the English language are exclusively available for the conclusion of the contract.<\/p>\n

    2.7<\/strong>\u00a0Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client\u2019s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.<\/p>\n<\/div>\n<\/div>\n

    <\/div>\n <\/div>\n

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    3) RIGHT TO CANCEL<\/b><\/h3>\n<\/div>\n<\/div>\n
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    3.1<\/b>\u2009Consumers are entitled to the right to cancel.<\/p>\n

    3.2<\/b>\u2009Detailed informations about the right to cancel are provided in the Seller’s instruction on cancellation.<\/p>\n<\/div>\n<\/div>\n

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    4) PRICES AND PAYMENT CONDITION<\/b><\/h3>\n<\/div>\n<\/div>\n
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    4.1<\/b>\u2009Unless otherwise stated in the Seller’s product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description.<\/p>\n

    4.2<\/b>\u2009Payment can be made using one of the methods mentioned in the Seller’s online shop.<\/p>\n

    4.3<\/b>\u2009When payments are made using a payment method offered by PayPal, handling of payments takes place via the payment service provider PayPal ((Europe) S.a. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter called “PayPal”) subject to the PayPal terms of use which can be viewed at:\u00a0User Agreement<\/a>.<\/p>\n

    In case the client has no PayPal account, the conditions applicable for payments without PayPal account will be effective. They can be viewed at:\u00a0Payment Conditions.<\/a><\/p>\n

    4.4<\/b>\u2009If the payment method “immediate bank transfer” is selected, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienh\u00f6he 12,80339 Munich (hereinafter referred to as “IMMEDIATE”). In order to be able to pay the invoice amount via “immediate bank transfer,” the Client must have an online banking account with the PIN\/TAN method that is activated for participation in “immediate bank transfer,” he must have the appropriate credentials during the payment process, and he must confirm the payment instruction to IMMEDIATE . The payment transaction will be executed immediately afterwards and the Client’s bank account debited accordingly. Further information on the payment method “immediate bank transfer” can be called up by the Client on the Internet at\u00a0Payment Methods<\/a>.<\/p>\n<\/div>\n<\/div>\n

    <\/div>\n <\/div>\n

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    5) SHIPMENT AND DELIVERY CONDITIONS<\/b><\/h3>\n<\/div>\n<\/div>\n
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    5.1<\/b>\u2009Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless agreed otherwise. During the processing of the transaction, the delivery address indicated in the Seller’s order processing is decisive.<\/p>\n

    5.2<\/b>\u2009Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client’s control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.<\/p>\n

    5.3<\/b>\u2009Personal collection is not possible for logistical reasons.<\/p>\n

    5.4<\/b>\u2009Vouchers will be provided to the Client as follows:<\/p>\n

    – by e-mail<\/p>\n<\/div>\n<\/div>\n

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    6) RESERVATION OF PROPRIETARY RIGHTS<\/b><\/h3>\n<\/div>\n<\/div>\n
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    If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.<\/p>\n<\/div>\n<\/div>\n

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    7) WARRANTY<\/b><\/h3>\n<\/div>\n<\/div>\n
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    7.1<\/strong>\u00a0Unless otherwise stipulated , the provisions of the statutory liability for defects shall apply. Deviating therefrom, the following shall apply to contracts for the delivery of goods:<\/p>\n

    7.2<\/strong>\u00a0If the Client acts as trader
    \n– the Seller may choose the type of subsequent performance,
    \n– for new goods, the limitation period for claims for defects shall be one year from delivery of the goods,
    \n– for used goods, the rights and claims for defects are excluded,
    \n– the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.<\/p>\n

    7.3<\/strong>\u00a0The above-mentioned limitations of liability and shortening of the period of limitation do not apply
    \n– to claims for damages and reimbursement of expenses of the Client,
    \n– if the Seller has fraudulently concealed the defect,
    \n– for goods which have been used in accordance with their customary use for a building and which have caused its defectiveness,
    \n– for any existing obligation of the Seller to provide updates for digital products with respect to contracts for the supply of goods with digital elements.<\/p>\n

    7.4<\/strong>\u00a0Furthermore, for traders, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.<\/p>\n

    7.5<\/strong>\u00a0If the Client is a businessperson pursuant to section 1 of the German Commercial Code (HGB) he has the commercial duty to examine the goods and notify the Seller of defects pursuant to section 377 HGB. Should the Client neglect the obligations of disclosure specified therein, the goods shall be deemed approved.<\/p>\n

    7.6<\/strong>\u00a0If the Client acts as a consumer, the forwarding agent has to be immediately notified of any obvious transport damages and the Seller has to be informed accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.<\/p>\n

    7.7<\/strong>\u00a0The Seller shall not be liable for defects in the performance of the telecommunications contract for which the respective service provider is solely responsible. In this respect, the relevant statutory provisions and any deviating contractual conditions of the respective service provider shall apply.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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    8) REDEMPTION OF CAMPAIGN VOUCHERS<\/b><\/h3>\n<\/div>\n<\/div>\n
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    8.1<\/b>\u2009Vouchers which are issued by the Seller free of charge, for a specific period of validity in the context of promotional activities and which cannot be purchased by the Client (hereinafter referred to as “campaign vouchers”) can only be redeemed in the Seller’s online shop and only within the indicated time period.<\/p>\n

    8.2<\/b>\u2009Individual products may be excluded from the voucher campaign, if such a restriction results from the conditions of the campaign voucher.<\/p>\n

    8.3<\/b>\u2009Campaign vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.<\/p>\n

    8.4<\/b>\u2009Only one campaign voucher can be redeemed per order.<\/p>\n

    8.5<\/b>\u2009The goods value should meet at least the amount of the campaign voucher. The Seller will not refund remaining assets.<\/p>\n

    8.6<\/b>\u2009If the value of the campaign voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.<\/p>\n

    8.7<\/b>\u2009The campaign voucher credit will not be redeemed in cash and is not subject to any interest.<\/p>\n

    8.8<\/b>\u2009The campaign voucher will not be redeemed, if the Client, in the context of his legal right to cancel, returns goods paid fully or partially by a campaign voucher.<\/p>\n

    8.9<\/b>\u2009The campaign voucher is transferable. The Seller may render performance with discharging effect to the respective owner who redeems the campaign voucher in the Seller’s online shop. This does not apply, if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or of the missing right of representation regarding the respective owner.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

    <\/div>\n <\/div>\n

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    9) REDEMPTION OF GIFT VOUCHERS<\/b><\/h3>\n<\/div>\n<\/div>\n
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    9.1<\/b>\u2009Vouchers which can be purchased via the Seller’s online shop (hereinafter referred to as “gift vouchers”) can only be redeemed in the Seller’s online shop, unless otherwise stipulated in the voucher.<\/p>\n

    9.2<\/b>\u2009Gift vouchers and remaining assets of gift voucher can be redeemed by the end of the third year following the year of the gift voucher purchase. Remaining assets will be credited to the Client’s voucher account.<\/p>\n

    9.3<\/b>\u2009Gift vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.<\/p>\n

    9.4<\/b>\u2009Only one gift voucher can be redeemed per order.<\/p>\n

    9.5<\/b>\u2009Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.<\/p>\n

    9.6<\/b>\u2009If the value of the gift voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.<\/p>\n

    9.7<\/b>\u2009The gift voucher credit will not be redeemed in cash and is not subject to any interest.<\/p>\n

    9.8<\/b>\u2009The gift voucher is transferable. The Seller may render performance with discharging effect to the respective owner who redeems the gift voucher in the Seller’s online shop. This does not apply, if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or of the missing right of representation regarding the respective owner.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

    <\/div>\n <\/div>\n

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    10) APPLICABLE LAW<\/b><\/h3>\n<\/div>\n<\/div>\n
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    The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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    11) PLACE OF JURISDICTION<\/b><\/h3>\n<\/div>\n<\/div>\n
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    If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract.. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client’s professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

    <\/div>\n <\/div>\n

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    \n <\/p>\n
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    12) ALTERNATIVE DISPUTE RESOLUTION<\/b><\/h3>\n<\/div>\n<\/div>\n
    \n
    \n

    12.1<\/b>\u2009The EU Commission provides on its website the following link to the ODR platform:\u00a0https:\/\/ec.europa.eu\/consumers\/odr<\/a>.<\/p>\n

    This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.<\/p>\n

     <\/p>\n

    12.2<\/b>\u2009The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.<\/p>\n<\/div>\n<\/div>\n

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