issued by Zimmer GmbH Daempfungssysteme

Valid from 1 February 2020

§ 1
Scope

(1)        These payment, delivery, and sales terms for consumers issued by Zimmer GmbH Daempfungssysteme apply to all purchase orders placed in our online store by consumers.

(2)        A consumer is any natural person that concludes a legal transaction for purposes that primarily do not serve the consumer’s business or self-employed activities (§ 13 of the German civil code BGB).

§ 2
Conclusion of contract

(1)        The purchase contract is concluded with Zimmer GmbH Daempfungssysteme.

(2)        The depiction of products in the online store does not constitute a legally binding offer, but a non-committal online catalogue. By clicking the “Buy Now” button on the final ordering page, you submit to Zimmer GmbH Daempfungssysteme a legally binding offer to purchase the products in the shopping basket.

(3)        On submitting a purchase order to Zimmer GmbH Daempfungssysteme, you receive from us a notification confirming that we have received your purchase order and listing the goods you have ordered (order confirmation). This order confirmation does not constitute acceptance of your offer, but is intended only to inform you that your purchase order has been received.

(4)        When the contract with us comes into force depends on the payment mode you have selected:

SEPA Direct Debit

We accept your purchase order by e-mailing you a notification of acceptance or by shipping the ordered goods to the address you have specified.

Credit Card

You submit to us your purchase order together with your credit card details. After legitimising you as the rightful holder of the credit card, we instruct your credit card company to initiate the payment transaction, accepting thereby your offer.

PayPal

On concluding the order process, you are rerouted to the PayPal website. There you are requested to enter the payment details and confirm the payment order. On receiving your purchase order, we instruct PayPal to initiate the payment transaction, accepting thereby your offer.

§ 3
Prices, payment terms, reservation of ownership

(1)        All prices specified in our online store are gross figures including the statutory value added tax (VAT) and any shipping costs. The total price including VAT and any shipping costs appears on the final ordering page before you submit your order.

(2)        You may choose one of the payment modes presented in the online store, namely SEPA Direct Debit, Credit Card (Visa, MasterCard), or PayPal.

(3)        Until full payment, the goods remain the property of Zimmer GmbH Daempfungssysteme.

§ 4
Shipping and transport costs, transfer of risk

(1)        Our deliveries are shipped and transported as standard without insurance and to your account. The goods cannot be collected by the ordering party.

(2)        Under § 446 BGB, the risk of accidental loss and accidental deterioration affecting the shipped goods is transferred to you when you receive the purchased product or have delayed acceptance.

§ 5
Right of revocation

(1)        You have the right within fourteen days and without specifying reasons to revoke the purchase contract concluded between you and Zimmer GmbH Daempfungssysteme. The revocation deadline is fourteen days from the day you or a third party appointed by you (but not the carrier) has taken possession of the goods.

(2)        The right of revocation is not awarded for the following contracts:

·       Contracts for the delivery of goods that have not been prefabricated, whose production requires a separate choice or decision by the consumer, or that have been tailored unambiguously to the personal needs of the consumer.

·       Contracts for the delivery of goods whose consistency after delivery renders them inseparable when merged with other goods.

(3)        To exercise your right of revocation, contact us (Zimmer GmbH Daempfungssysteme, Am Glockenloch 2, 77866 Rheinau, Germany, phone: +49 7844 9110-0, fax: +49 7844 9110-6199; e-mail: softclose@zimmer-group.de) with an unequivocal statement (e.g. by a posted letter or e-mail) declaring your decision to revoke the contract.

(4)        You may, but do not have to use the following specimen revocation form.

Specimen revocation form

(If you want to revoke the contract, please complete this form and return it to us.)

– To Zimmer GmbH Daempfungssysteme, Am Glockenloch 2, 77866 Rheinau, Germany, phone: +49 7844 9110-0, fax: +49 7844 9110-6199; e-mail: softclose@zimmer-group.de

– I/We(*) hereby revoke the contract I/we(*) have concluded for the purchase of the following goods(*)

– Ordered on(*)/Received on(*)

– Name of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (paper notifications only)

– Date

(*) Delete where inapplicable.

(5)        We inform you immediately on receipt of your revocation. The revocation deadline is deemed met when you submit beforehand notification to exercise your right of revocation.

(6)        When you revoke the contract, we must refund you all payments we have received from you, including the delivery costs (with the exception of the additional costs for a delivery mode you selected other than the lowest cost alternative we offered), immediately or at the latest within fourteen days from the day we received your notification to revoke this agreement. For this refund we use the same payment mode that you selected for the original transaction, unless agreed with you explicitly otherwise. Under no circumstances are you charged for this refund.

(7)        We may refuse the refund until the goods have been returned to us or you have verified return of the goods, whichever is the sooner. You must return the goods to us immediately or at the very latest within fourteen days from the day you informed us of your intent to revoke this contract. The deadline is deemed met when you return the goods before these fourteen days expire. You bear the costs incurred directly from the return of the goods.

(8)        You must bear any loss of value affecting the goods only when this loss can be put down to undue handling when the goods were being examined for their consistency, properties, and functionality.

§ 6
Warranty rights

(1)        Zimmer GmbH Daempfungssysteme is liable for defects on the goods to the extent set down under the law. Should you suffer a loss as a result of a wilfully caused defect, any compensation claims are regulated exclusively under § 8 (“Liability, disclaimer”).

(2)        Claims for material and legal defects as set down under § 438 Para. 1(3) BGB are statute-barred after two years. This period applies to all defects serving potentially as grounds for rectification, compensation, and reimbursement claims. It commences on shipment of the goods.

§ 7
Transport damage

(1)        In the event of transport damage or loss, you make every effort to assist Zimmer GmbH Daempfungssysteme in filing claims against the affected transport company and/or transport insurance. If goods are delivered with obvious transport damage, report such defects as promptly as possible to the delivery service and contact us without delay.

(2)        A belated complaint or contact does not affect your statutory rights or claims thereto, specifically your warranty rights. You help us, however, to file our own claims against the carrier and/or transport insurance.

§ 8
Liability, disclaimer

(1)        Zimmer GmbH Daempfungssysteme is liable to the extent under the law for intent and gross negligence; for simple negligence causing harm to life, limb, and health; for the acceptance of a warranty or supply risk; and in the event of liability under the German product liability laws ProdHaftG.

(2)        In the event of simple negligence involving the violation of essential contractual obligations, i.e. those obligations whose proper fulfilment the customer expects and may expect in the performance of the contract, Zimmer GmbH Daempfungssysteme is liable to a limited extent for the foreseeable, typical losses incurred.

(3)        Under the above regulations, Zimmer GmbH Daempfungssysteme is liable for both its own actions and the actions of its agencies and vicarious agents.

(4)        Any liability extending beyond this is excluded. When liability has been excluded or limited, this also applies to personal liability on the part of the agencies or vicarious agents of Zimmer GmbH Daempfungssysteme.

(5)        Subject to the above limitations, Zimmer GmbH Daempfungssysteme accepts no liability (i) for any losses incurred as a result of failing to use the delivered products for their intended or rightful purpose, specifically overloading, improper or negligent handling, inadequate maintenance, deficient installation and commissioning; (ii) when you or third parties fail to follow the assembly, operating, maintenance, and cleaning instructions stipulated by law or issued by Zimmer GmbH Daempfungssysteme and when a loss is incurred as a result; (iii) for the consequences incurred as a result of improper corrections by you or by third parties you have authorised or of changes made to or parts replaced in the delivered goods without our prior consent, unless the affected defect cannot be traced back thereto; (iv) for normal wear and tear on the delivered goods.

§ 9
Digital communication, data protection

(1)        By sending us e-mail or other messages from your computer or smartphone, you communicate with us digitally. Zimmer GmbH Daempfungssysteme will also communicate with you digitally. For contractual purposes, you agree to receive all communication in digitised form, and that all notifications, confirmations, and notices you receive from Zimmer GmbH Daempfungssysteme do not require formal writing conventions when this is not stipulated under the applicable laws.

(2)        Zimmer GmbH Daempfungssysteme collects and stores your data to the extent needed for the transaction. We process your personal data in compliance with the legal provisions, specifically those under the EU General Data Protection Regulation (GDPR). Details on the modes employed by Zimmer GmbH Daempfungssysteme to collect, process, and utilise personal data; on the extent, physical location, and purpose pursued; and your rights as the data subject can be viewed under Privacy Policy.

(3)        Data transmitted over the internet (e.g. by e-mail) may be vulnerable. There is no fool-proof protection for these data against third party access.

§ 10
Copyrights and database rights

(1)        The entire content in the form of works, copy, graphics, logos, button icons, images, digitised downloads, and data sets provided on the website is the property of Zimmer GmbH Daempfungssysteme and is protected under German and international copyright and database laws.

(2)        No content of the website may be extracted and/or subjected to further use without prior, explicit consent issued in writing. No part of this content beyond the limits permitted by the copyright law may be reproduced, processed, disseminated, or utilised in any other manner without prior consent issued in writing by the affected originator. Downloads and copies from this site are permitted for private, non-commercial uses only.

§ 11
Final provisions

(1)        These payment, delivery, and sales terms for consumers and all legal relationships arising from the purchase contract between you and Zimmer GmbH Daempfungssysteme are subject to the laws of the Federal Republic of Germany to the exclusion of all others and of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

(2)        Should a term in these payment, delivery, and sales terms for consumers or in other agreements between you and Zimmer GmbH Daempfungssysteme become wholly or partly ineffective or impracticable, or should a loophole be discovered therein, this does not affect the applicability of all other terms or agreements.

(3)        The European Commission provides a platform for online dispute resolution (ODR) at https://ec.europa.eu/consumers/odr. Consumers may make use of this platform to resolve their disputes.

(4)        We are neither obliged nor willing to participate in a dispute resolution suit before a consumer arbitration board.

(5)        Although the utmost of care was exercised in translating these “Payment, delivery, and sales terms for consumers” into English, attention is expressly drawn to the fact that only and exclusively the German “Zahlungs-, Liefer- und Verkaufsbedingungen für Verbraucher” are legally binding.