General Terms and Conditions and Cancelation Policy Instructions of
Company ZTEX GmbH
1 General Information
All services performed by Company ZTEX GmbH for the customer shall be
rendered exclusively in accordance with the following General Terms and
Conditions. Any provisions deviating herefrom shall apply only if ZTEX
GmbH and the customer have so agreed.
2 Entering into the Agreement
2.1 The offers made by Company ZTEX GmbH on the Internet shall
constitute a non-binding invitation to the customer to place orders for
goods via the online shop.
2.2 By ordering the desired goods on the Internet, the customer submits
a binding offer for entering into a contract of sale.
2.3 Company ZTEX Gmbh shall be entitled to accept such offer, subject to
its discretion, by sending the goods immediately or by confirming the
order within eight calendar days. Confirmation of order will be sent by
e-mail. ZTEX GmbH states that it reserves, and continues to reserve, the
delivery option. If the goods are not available, the customer shall be
informed thereof immediately, and any consideration already provided
shall be reimbursed immediately. The customer cannot claim damages from
ZTEX GmbH for items no longer available for delivery.
2.4 Information on the object to be delivered and performed shall be
given to the best of one’s knowledge, but shall be deemed approximative
only and, in particular, shall not guarantee specific characteristics.
Guaranteed characteristics shall be present only if descriptions of the
items are expressly designated as guaranteed characteristics.
Prices shall be stated to the best of one's knowledge. In the event of
typing, print or calculation errors in the published prices and/or
descriptions, Company ZTEK GmbH shall be entitled to withdraw from the
contract.
2.5 Company ZTEX GmbH reserves the right to make changes and
improvements to its items to the extent that such changes and
improvements, in consideration of its interests, are reasonable from the
point of view of the customer.
3 Shipping
3.1 Items shall be shipped immediately provided that they are available
from the warehouse and provided that no contrary agreement has been reached.
3.2 If an item is not available at short notice, ZTEX GmbH shall inform
the customer thereof by e-mail immediately, indicating the expected time
of shipment, provided that ZTEX GmbH has the customer’s e-mail address
on file.
In the event of shipping delays, for example, due to force majeure,
traffic disruptions and decrees issued by public authorities, as well as
any other events for which we shall not be responsible, no damages can
be sought from ZTEX GmbH.
3.3 If the party placing an order fails to accept the goods ordered,
ZTEX GmbH shall be entitled to withdraw from the contract following the
unsuccessful passing of a grace period. If the buyer is not a consumer
under Section 13 BGB [Bürgerliches Gesetzbuch, German Civil Code,
herinafter referred to as “BGB”], ZTEX GmbH shall be entitled, at its
discretion, to insist on acceptance or to demand 10 percent of the
purchase price by way of a flat-rate compensation for damages and
expenses, unless the buyer can demonstrate that no damage has been
caused or that the damage is not as high as is claimed. In the event of
extraordinarily high damage, ZTEX GmbH shall reserve the right to claim
compensation therefor.
4 Packaging and Shipping Costs
4.1 Standard shipments within Germany, including packaging, shall be subject to a
pro-rated flat rate of net EUR 5.80 (gross EUR 6.90). Depending on the
payment method, additional fees may apply (see Section 5).
Prices for standard shipment to other countries are limited to net EUR 12
Actual prices and express shipping rates are listed in the online shop.
5 Payment
5.1 The effective price for the respective shipment shall be such price
as is the valid price on the day of the order. Upon shipment of the
order to the customer, the purchase price shall become due.
5.2 Payment can be made via the payment service PayPal (e.g., by credit
card or direct debit), by cash on delivery (for shipments within
Germany) or by prepayment. Deliveries with invoice shall be subject to
previous arrangement and shall be available only in connection with
written orders. Payments via PayPal shall be subject to additional fees
in the amount of 1.5 percent of the value of the goods. Cash-on-delivery
shipments shall be subject to COD fees of net EUR 5.00 (gross EUR 5.95)
(including forwarding fee).
5.3 Until the goods delivered have been paid in full, they shall remain
the property of ZTEX GmbH (retention of title pursuant to Sections 158,
449 BGB). If a payment term of 30 days is exceeded, default on payment
shall occur automatically without a need for a reminder, unless the
parties have reached an agreement to the contrary. In this event, ZTEX
GmbH reserves the right to bill for reminder and processing fees as well
as the return shipment of the goods delivered.
6 Cancelation Policy Instructions
6.1 Right of Cancelation: The customer – if he is a consumer pursuant to
Section 13 BGB at the time of the order – can cancel his declaration of
contract in writing (e.g., letter, fax, e-mail) within two weeks without
having to give reasons for the cancelation. The period commences upon
receipt of these written instructions, but not before the purchased item
is received by the recipient (and/or in the case of recurring deliveries
of similar-type goods, not before receipt of the part shipment), nor
before the information duties pursuant to Section 312c paragraph 2 BGB
in connection with Section 1 paragraphs 2, 3, and 4 BGB-InfoV
[Verordnung über Informations- und Nachweispflichten nach bürgerlichem
Recht, Regulations according to German Civil Law on the obligations to
inform and to produce proof] as well as the information duties pursuant
to Section 312e paragraph 1 Sentence 1 BGB in connection with Section 3
BGB-InfoV have been performed by ZTEX GmbH. The cancelation period shall
be deemed met if the cancelation notice or the purchased item is sent
prior to the expiry of such period. The cancelation notice can be formless
or made using the revocation form at
http://www.ztex.de/revocationform.pdf
and shall be addressed to:
ZTEX GmbH
An der Mittelmühle 7a
D-01896 Pulsnitz,
Germany
Email: 
Fax: +49 321 21240103
6.2 Consequences of Cancelation: In the event of effective cancelation,
the goods and/or services to be exchanged between the parties shall be
returned. If the item received cannot be returned, or only
in parts or in a deteriorated condition, appropriate compensation shall
be paid instead. This shall not apply to the permitted use of items if
the deterioration of the item is solely due to its examination, such as
you would have been able to perform in a shop, for example.
Apart from that, the obligation to provide compensation for
deterioration caused by the proper use of the item can be avoided by not
using the item like property and by refraining from doing anything that
would reduce the item's value.
In particular, the soldering of electronics components generally results
in partial or full deterioration, which the consumer shall compensate
for in the event of cancelation. To avoid such compensation, such
products should be inspected in the event of cancelation only with
suitable non-destructive test equipment and methods used properly and
while ensuring ESD protection (electrostatic discharge).
6.3 Return of the Item: Items capable of being sent shall
be returned. The consumer shall bear the costs of returning the item if
the supplied product matches the product ordered. Otherwise, the return of the item shall be free for the
consumer and shall be at the risk of ZTEX GmbH. The return shipment
shall be insured and postage paid.
Sensitive electronic components or components containing such elements
shall be packaged in an ESD-safe manner. If improper packaging when
returning the item results in damage thereto, the consumer shall provide
compensation for any reduction in value. This can be avoided by
returning the item in its original packaging.
Obligations to return the goods and/or services being exchanged between the
parties shall be satisfied within 30 days. The
period commences for the consumer at the time the cancelation notice;
for ZTEX GmbH, at the time of receipt of the notice or item.
6.4 Dispatch costs: Dispatch costs are borne by ZTEX GmbH up to an amount of net EUR 12.
6.5Exclusion of the Right of Cancelation: The right of cancelation
shall be excluded for goods manufactured upon customer's request.
(End of cancelation policy instructions.)
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7 Warranty
7.1 ZTEX GmbH guarantees that the items to be shipped are free of
material defects and contain the guaranteed characteristics.
7.2 The customer shall examine the goods upon receipt for completeness
and any defects. In the event of identifiable defects, the customer
shall inform Company ZTEX GmbH thereof in writing within 14 days of
receipt. Non-identifiable defects shall be reported in writing
immediately upon their identification. The warranty period shall
commence upon receipt of the goods by the buyer and shall remain in
effect for 24 months pursuant to statutory provisions. Commercial
transactions shall be subject primarily to Section 377 HGB
[Handelsgesetzbuch, German Commercial Code].
7.3 If the goods are found to have been damaged during transport, the
recipient shall submit a report to the freight carrier (shipper)
immediately.
7.4 ZTEX GmbH does not provide any warranty for defects or damage caused
by improper or inappropriate use, non-compliance with user instructions,
flawed or negligent handling, normal wear and tear or external effects.
This shall apply, in particular, to the operation of the goods outside
the permitted specifications, damage caused by fire, lightning,
explosion, moisture of any kind, wrong or missing programming – unless
the buyer can show that these circumstances did not cause the defect in
question. The warranty shall be void also if the customer interferes
with or makes his own repairs on the goods.
7.5 If the purchased item is shown to be defective under the warranty,
the customer, at his own discretion pursuant to Section 439 BGB, may
demand that the defect be remedied or that a non-defective item be
shipped. If the type of subsequent performance chosen by the customer is
possible only with unreasonable costs, ZTEX GmbH may reject it. If the
defect cannot be repaired even upon the second attempt, the customer,
pursuant to Section 439 BGB, shall be entitled to demand the delivery of
a non-defective item or a price reduction or withdraw from the contract.
Withdrawal shall be excluded if the defect is minor and insubstantial.
Replacement of the item as part of the warranty shall not give rise to
new warranty periods; Section 203 BGB shall remain intact.
7.6 The customer shall return the item subject to the complaint to ZTEX
GmbH together with the sales receipt and a description of the defect
that shall be as precise as possible. If the complaint is unjustified,
ZTEX GmbH reserves the right to invoice the customer for the expenses of
the testing measures carried out. The amount depends on the expenditure,
but will come to at least net EUR 15.00.
8 Liability
8.1 Claims for damages due to defects of the items, particularly due to
consequential damage, as well as damage that did not occur directly on
the item delivered, shall be excluded.
The above exclusion of liability shall not apply to instances where the
item lacks an expressly guaranteed characteristic and if such guarantee
was designed to rule out the risk of damage. Furthermore, the above
exclusion of liability shall not apply in cases of gross or willful
negligence, negligent injury to life, limb or body as well as in cases
involving claims brought under the ProdHaftG [Gesetz über die Haftung
für fehlerhafte Produkte, German Product Liability Act].
8.2 Apart from this, all liability claims exceeding the statutory
minimum requirements - regardless of the legal grounds - shall be excluded.
8.3 ZTEX GmbH explains that items offered may be subject to technical
and visual changes; that specifications may be subject to change; that
typing errors may occur; and that items may be subject to changes in price.
9 Export Restrictions
The sale, resale and disposal of products, as well as any technology or
documentation related thereto, shall be subject to the export laws of
the Federal Republic of Germany and any other countries. By placing an
order, the buyer shall declare his compliance with such laws and
regulations and that the goods will not be shipped to countries, direct
or indirect, that prohibit or restrict the import of such goods. The
buyer shall undertake to obtain all permits necessary for exports and/or
imports.
10 Data Protection
ZTEX GmbH shall use the data transmitted by the buyer only for the
purpose of processing the orders. All customer data shall be kept
strictly confidential. Data may be shared with a third party (e.g.,
shipping companies) only to the extent that such sharing is absolutely
necessary for the processing and handling of the order. ZTEX GmbH shall
not accept liability for the security of data during transmissions via
the Internet (e.g., due to technical errors on the part of the provider)
or for any criminal access to the data of the Internet site by a third
party. Access data for the customer login shall be kept strictly
confidential by the customer, because ZTEX GmbH does not accept
liability for the use of such data.
11 Links on Our Pages
In its decision dated May 12, 1998 – 312 O 85/98 – “Liability for
Links”, the Regional Court of Hamburg found that any person who inserts
links to external sites shall share liability for the content of such
external sites. According to the Regional Court, liability can be
avoided only by expressly distancing oneself from such content.
Accordingly, ZTEX GmbH herewith expressly distances itself from all
content of all pages to which links on our Internet site refer. This
declaration shall apply to all links on our Internet pages.
12 Applicable Law; Validity of the General Terms and Conditions
12.1 By placing an order, the buyer shall recognize and acknowledge the
General Terms and Conditions of Company ZTEX GmbH. Should any one
provision of these General Terms and Conditions be void, regardless of
the grounds, the validity of the remaining provisions shall in no way be
affected.
12.2 The place of performance shall be the business domicile in Pulsnitz
[Germany].
12.3 The place of jurisdiction shall be Dresden [Germany] or any other
legal venue at the discretion of ZTEX GmbH provided that the customer is
a merchant pursuant to the Handelsgesetzbuch [German Commercial Code] or
a corporate body under public law.
12.4 These General Terms and Conditions shall be subject to the laws of
the Federal Republic of Germany to the exclusion of the UN Convention on
Contracts for the International Sale of Goods [CISG].
ZTEX GmbH
An der Mittelmühle 7a
01896 Pulsnitz
Germany
CEO: Dr. Stefan Ziegenbalg
Companies Register No.: HRA 7251 (Amtsgericht Dresden)
VATIN: DE274343171
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