General Terms and Conditions & Customer Information
1. Scope of application
For all sales, deliveries and services of Mr Dirk Stein (hereinafter: “zukuri”) which are ordered by consumers or merchants via the online shop www.zukuri.de, the following terms and conditions apply exclusively in their valid version at the time of ordering. Any additional or deviating terms and conditions of the orderer or customer will not be acknowledged, unless expressly agreed otherwise between the parties. A consumer is any natural person who concludes a legal transaction for a purpose that can neither be attributed to his commercial nor independent professional activity. A merchant is any natural person or legal entity or a partnership with legal capacity that is acting within the scope of its independent professional or commercial activity when concluding a legal transaction.
2. Contracting parties
The sales contract is being concluded with Dirk Stein, Burnitzstrasse 58, 60596 Frankfurt. In the event of questions, complaints or objections, he can be reached weekdays from 9.00 a.m. to 6.00 p.m. on the telephone number +49 (0)170 7788 264 or by e-mail at info (at) zukuri.de.
3. Quotations and conclusion of contract
All quotations are non-binding and subject to change, unless expressly described as fixed quotations by us in writing. All orders shall only be considered bindingly accepted if confirmed in writing or if the corresponding goods have been delivered and invoiced. Confirmation that an order has been received shall not yet constitute binding acceptance of it.
Orders can be placed via the online shop system. To do so, you must first set up a customer account. In the shop system, you can add products to the shopping cart and subsequently order them by means of the "Buy" function. The Terms & Conditions and the Revocation Policy of zukuri must be accepted, otherwise an order cannot be placed.
Once you have found the desired product, you can add it to your shopping cart by clicking 'Add to cart'; you will not yet be obliged to purchase it at this point. You can view the contents of the shopping cart at any time by clicking the 'Cart' button. You can remove the products from your shopping cart at any time by clicking on the delete button ('x') to the left of the product in the cart. If you wish to purchase the products in the shopping cart, click the 'Proceed to Checkout' button. You must then enter your details. The mandatory fields are marked with '*'. Your data is transmitted in encrypted form. After entering your details and selecting your preferred payment method, click on 'Kaufen / Buy' to proceed to the order page, where you will then have the opportunity to check your details again. Clicking the 'Confirm & Place Order' button completes the purchasing process. The process can also be aborted at any time by closing the browser window. Additional information (e.g. on making corrections) is provided on the individual pages.
4. Prices and payment
For consumers, the prices are calculated on the basis of the prices that are valid on the day of purchase, unless agreed otherwise. The prices and shipping costs specified in the quotation are final. They contain all price components including all applicable taxes. All prices are quoted in euros (€) plus postage and packaging costs.
Other price components, such as additional taxes, tolls and other customs duties, may apply on international orders.
All products, including their prices, that are contained in our publications (website, printed documents and other advertising material) are non-binding and subject to change. The available payment methods are currently bank transfer/payment in advance, PayPal, instant transfer and cash on collection. If you select payment in advance, we will send you our bank details in the order confirmation and deliver the goods after payment has been received.
5. Payment terms
Our invoices are payable immediately without deductions, unless different payment terms are specified on the invoice. A payment is only deemed to have been made once the payable amount has been credited to our bank account or PayPal account.
6. Shipping and delivery
Goods are shipped after payment has been received in full. We choose the shipping method and the carrier. The delivery is made within the specified delivery period after payment has been received in full. If the last day of the specified delivery period is a Saturday, Sunday or a state-recognised public holiday at the destination, then the goods will be delivered on the following working day. The delivery period will be correspondingly longer for goods sent outside of Germany. The latest expected delivery date will be extended by six working days at most for EU/UK deliveries, and usually by 12 days for all other available destinations.
The shipping costs depend on the destination country. A full list can be found here: Shipping costs and delivery.
7. Offset and right of retention
As the customer, you only have a right of offset if the counterclaim has been legally determined, is undisputed or has been acknowledged by us. You can only exercise a right of retention if the claims relate to the same contractual relationship.
8. Warranty and liability
You must inspect the goods promptly upon delivery and report any damage to us as soon as possible. This applies in particular to damage caused during transit. We do not warrant that the goods you order will be suitable for your intended purpose.
The legal provisions apply with regard to the warranty. For new goods, the warranty period is two years from delivery of the goods.
For used goods, the warranty period deviates from the statutory provisions and is agreed as one year from delivery of the goods. The one-year warranty period does not apply to damages that we are responsible for which relate to death, personal injury or impairment of health, nor to damages caused by intent, gross negligence or bad faith on the supplier's part, nor to rights of recourse pursuant to Art. 478, 479 BGB (German Code of Obligations).
For all defects to the purchased goods that arise during the statutory warranty period, you may choose to exercise your statutory right to remedial action, to repair/replacement delivery and – provided that the legal requirements are met – to further claims to a reduction in price or revocation of the order, and additionally to compensation, including compensation for the damage instead of remedial action, as well as reimbursement of futile expenses. In relation to the quality of the goods, the details that we provide and the product descriptions of the manufacturer shall apply exclusively, without regard to any other advertising, public claims or statements by the manufacturer.
If the customer is a merchant and the order is made for its own commercial activity, the following shall apply in deviation of the above: The customer is obliged to inspect the quality and quantity of the delivered goods immediately by exercising the necessary level of care and shall report any obvious defects to the supplier in writing within seven days; sending the notice before the end of this period is deemed sufficient for observing the period. This also applies from the point of discovery for concealed defects that are discovered later. The warranty shall be void if the inspection and reporting obligations are not fulfilled. In the case of defects to goods ordered by merchants, we will initially repair the goods or provide a replacement at our own discretion.
9. Return shipping costs
If you exercise your right of revocation, you are responsible for the direct costs associated with returning the goods.
10. Revocation policy
10.1 Right of revocation
You have the right to cancel this contract within 14 days without giving any reason. The revocation period of 14 days begins on the day that the goods are first received by you or by a third party specified by you who is not the carrier.
To exercise your right of revocation, you must notify us
Mobile: +49 (0)170 7788264
of your decision to cancel this contract. This must be done by means of a clear statement (e.g. a letter sent by post, a fax or an e-mail). You may, but do not have to, use the provided revocation form template for this purpose.
Sending the revocation notice before the end of the revocation period is deemed sufficient for observing the revocation period.
10.2 Consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including shipping costs (except the extra cost of selecting a delivery option other than the cheapest one that we offer, i.e. standard delivery). We will provide this refund immediately but no later than 14 days after the day on which we received your notice to cancel this contract. For this refund, we will use the same payment method that you used for the original transaction, unless specifically agreed otherwise with you; under no circumstances will you be charged any fees for this refund.
We are entitled to refuse the refund until we have received the goods again or until you have proved that you have sent back the goods, whichever is the earlier.
The customer is responsible for paying the direct costs associated with returning the goods. The maximum cost is estimated at around EUR 6.90.
If the goods have diminished in value, you will only have to pay for this loss of value if it resulted from handling the goods beyond what was necessary to check their quality, characteristics and functionality.
10.3 Exceptions to the right of revocation
There is no right of revocation for contracts relating to the delivery
– of goods that are not prefabricated and the production of which requires an individual selection or decision by the customer or which have clearly been customised to the personal preferences of the customer,
− of goods that can spoil quickly or whose shelf life would be exceeded quickly,
– of sealed goods which, for health or hygiene reasons, are not suitable for return if their seal has been broken after delivery,
– of goods which, due to their nature, have been inseparably mixed with other goods after delivery,
– of alcoholic drinks whose price has been agreed after conclusion of the contract but which cannot be delivered sooner than 30 days after conclusion of the contract and whose current value is dependent on market fluctuations that the customer has no control over,
– of audio or video recordings or computer software in a sealed packaging if the seal has been removed after delivery;
− for the delivery of newspapers, magazines or periodicals with the exception of subscription contracts.
10.4 Sample revocation form
If you wish to cancel the contract, you may use the following form. You can copy it into an e-mail or other document and return it to us. Please complete the following:
Mobile: +49 (0)170 7788264
– I/we hereby wish to cancel the contract that I/we have concluded for the purchase of the following goods/the provision of the following service:
(Please describe the goods/service and, if possible, specify the order number and the price)
The aforementioned goods were ordered on (date):
The aforementioned goods were delivered on (date):
Date (of revocation):
Signature of customer (only for written revocations)
11. Place of jurisdiction
The place of jurisdiction for both parties is Frankfurt if both parties are merchants and a place of jurisdiction can therefore be agreed between the parties.
For private individuals/consumers, the place of jurisdiction is determined by law rather than being agreed between the parties.
12. Packaging ordinance
According to the provisions of the packaging ordinance, we are obliged to take back, free of charge, any packaging for the offered products that does not bear the symbol of a nationwide disposal system, and to ensure that it is recycled or disposed of.
13. Online Dispute Resolution
The Online Dispute Resolution website is an official website managed by the European Commission dedicated to helping consumers and traders resolve their disputes out-of-court. You will find the website here: http://ec.europa.eu/consumers/odr/. We are ready to use the "online dispute settlement".
This post is also available in: German