General Terms and Conditions of ZWEIKAMPF
www.zweikampf.com ("Website") is operated by Bernstein Innovation GmbH, Froschberg 3, 4020 Linz ("ZWEIKAMPF"). Purchase orders via the Website and, in the case that ZWEIKAMPF accepts an offer to contract, the contractual relationship between ZWEIKAMPF and the Customer shall be subject to these General Terms and Conditions ("GTC"). The same applies to purchase orders placed via a website of a third party that is linked to the Website.
(2) Terms and conditions of purchase
2.1 Conclusion of contracts
By placing a purchase order via the Website the Customer makes ZWEIKAMPF an offer to conclude a contract on the basis of these GTC. ZWEIKAMPF will check the offer and send the Customer a letter of acceptance by email, if applicable. A merely automated acknowledgment of the purchase order as defined in Section 10(2) of the Austrian E-Commerce Act [ECG], which the Customer will be sent immediately upon receipt of the purchaser order by ZWEIKAMPF, shall be for the Customer's information only and, therefore, not lead to acceptance of the offer yet. A contract between ZWEIKAMPF and the Customer shall only be concluded upon receipt of an express letter of acceptance by the Customer.
2.2 Retention of title
Delivered products shall remain the property of ZWEIKAMPF until the Customer has paid the total purchase price of the purchase order concerned.
2.3 Price and shipping costs
All prices on the Website are stated in euros (€) and include statutory value added tax.
The costs of shipping the ordered products by ZWEIKAMPF shall be borne by the Customer. Shipping costs may vary depending on the product and mode of shipping and may be seen at the Website updated regularly. Prior to any purchase order the shipping costs applicable from time to time will be calculated separately, stated during the ordering process and added to the price of the purchase order.
2.4 Payment and invoicing
The total purchase price payable by the Customer according to the foregoing clause shall be paid by credit card or PayPal. ZWEIKAMPF reserves the right not to offer certain modes of payment for specific purchase orders or to refer the Customer to other payment modes. If payment is to be made via bank transfer ZWEIKAMPF will provide the Customer with the bank account details required for the credit transfer and shall only accept payments from bank accounts within the European Union. The Customer shall in any case bear the transaction costs, if any.
The Customer agrees that ZWEIKAMPF will issue or make accessible invoices for services rendered exclusively electronically.
2.5 Customised products
ZWEIKAMPF offers its Customers the opportunity to customise products by affixing letters, numbers and/or other characters or combinations thereof to the same. In this context ZWEIKAMPF reserves the right to reject inappropriate and/or legally inadmissible combinations of letters, numbers and/or characters, in particular combinations which:
- consist of the name of a product, service, business enterprise, organisation or event which is the property of a third party or which include such a name;
- consist of or include the name or byname of a (deceased or living) celebrity;
- (might) violate industrial property rights of third parties or other intellectual property rights;
- contain threats, incite violence and/or are defamatory, obscene, discriminatory, rebellious, sexually explicit or otherwise against the law and accepted principles of morality.
By ordering customised products the Customer represents that
- no combination of letters, numbers and/or characters used, uploaded, sent in or otherwise designated by him for use on the personalised product falls into any of the above categories;
- he will indemnify ZWEIKAMPF permanently against any liability for all costs, expenses, damages, losses or liabilities incurred by ZWEIKAMPF or any entities affiliated with ZWEIKAMPF as a result of using inadmissible combinations of letters, numbers and/or characters which are used, uploaded, sent in, copied or otherwise made public by the Customer (including by using them on personalised products);
- he will grant ZWEIKAMPF and any entities affiliated with ZWEIKAMPF a non-exclusive, irrevocable, licence-free, worldwide and fully sublicensable right to use, reproduce, disclose or modify the combinations of letters, numbers and/or characters sent in for the purpose of fulfilling the purchase order.
2.6 Dispatch; Delivery periods
In the case of a contract on standard products (see Clause 2.1) ZWEIKAMPF will dispatch the ordered products not later than within ten (10) days to the address advised by the Customer. In the case of a contract on customised products (see Clauses 2.1 and 2.5) that period will be extended by five working days for production reasons. The products will then be delivered to the Customer by the carrier instructed by ZWEIKAMPF on working days only, with the delivery period depending on the mode of shipping chosen by the Customer. For details on the shipping times and delivery periods see the Overview of Shipping Times and Delivery Periods, which constitutes an integral part of these GTC.
At times at which an increased volume of mail and packages must usually be expected (in particular before and after Christmas) the above delivery periods cannot be guaranteed.
If the Customer's purchase order is comprised of several (standard and/or customised) products, the service to be provided by ZWEIKAMPF is severable and the Customer expressly agrees that ZWEIKAMPF is entitled to effect delivery by instalments so that the Customer will receive the ordered products as soon as possible. For such deliveries by instalments the Customer will be charged no extra shipping charges. In the case of a delay in delivery or if an instalment is defective, the Customer shall be entitled to claim default only with respect to the instalment concerned.
2.7 Right of rescission
Customers may rescind the contract within fourteen days without giving reasons. The rescission period is fourteen days from the day on which the Customer or a third party nominated by him who is not the carrier has taken possession of the goods or, in the case of a contract on several goods that have been ordered by a single purchase order but are delivered separately, on the day on which the Customer or a third party nominated by him who is not the carrier has taken possession of the last goods.
To exercise his right of rescission the Customer must notify ZWEIKAMPF (Bernstein Innovation GmbH, Gewerbepark 9/3, 3945 Hoheneich, Phone 0043/732/601914, email address: firstname.lastname@example.org) by means of a clear statement (e.g. letter sent by post, fax or email) of his decision to rescind the contract. For that purpose the Customer may use the rescission form (see Annex), use of which is, however, not compulsory.
Customers may also complete and submit the rescission form or any other clear statement electronically via the www.zweikampf.at Website. If the Customer exercises that option ZWEIKAMPF will immediately (e.g. via email) send him a confirmation of receipt of such rescission.
Sending the notice of exercise of the right of rescission prior to expiration of the period for rescission shall be sufficient for observance of that period.
There shall be no right of rescission or cancellation with respect to customised products.
If the Customer rescinds this contract, ZWEIKAMPF shall refund him all payments ZWEIKAMPF has received from the Customer, including delivery costs (except for additional costs which result from the fact that the Customer has chosen a type of delivery other than the one offered by ZWEIKAMPF as the cheapest standard type of delivery) without delay and not later than within 14 days of the day on which ZWEIKAMPF received notice of rescission of this contract. For such refund ZWEIKAMPF shall use the same means of payment that the Customer used for the original transaction, unless expressly agreed otherwise with the Customer; ZWEIKAMPF shall in no case charge the Customer for the refund. ZWEIKAMPF is entitled to suspend the refund until the goods have been received by ZWEIKAMPF or the Customer has provided evidence of return delivery of the goods.
The Customer shall return or hand over the goods to ZWEIKAMPF without delay and in any case not later than within 14 days of the day on which the Customer notified ZWEIKAMPF of rescission of this contract. The period shall be deemed observed if the Customer dispatches the goods prior to expiration of the period of 14 days. The Customer shall bear the direct costs and the risk of returning the goods.
If the goods are returned late or have been used, damaged or are returned other than in their original packaging, ZWEIKAMPF shall not accept those products and make no refund. If due to unnecessary handling of the returned goods by the Customer to check their quality, properties or functionality the value of the goods is impaired, the Customer shall pay ZWEIKAMPF adequate damages.
ZWEIKAMPF expressly offers no direct exchange of products. Accordingly, an exchange of products shall only be possible if the Customer rescinds the contract on the originally ordered product in accordance with the foregoing clause and concludes a contract on a different product with ZWEIKAMPF (see in this respect Clause 2.1). In such a case the regulations stipulated in Clause 2.7 shall apply with respect to returning of goods and refund.
Quality is a top priority of ZWEIKAMPF. If the Customer is unable to use a product delivered to him in accordance with its designated purpose or if it is otherwise defective, the Customer shall first of all be entitled to ask for improvement or replacement of the product and ZWEIKAMPF shall fulfil its duty to improve the product by replacing it. The Customer shall be entitled to a refund of the purchase price (instalment) already paid after a price reduction or termination of the contract, in particular where the said remedies cannot be used in a specific case or within a reasonable period of time.
Since the useful life of the products manufactured by ZWEIKAMPF strongly depend on the conditions of use by and the individual wear and tear caused by the user, ZWEIKAMPF expressly warrants no contractual minimum useful life and the Customer shall have no warranty rights in that respect. Moreover, ZWEIKAMPF assumes no warranty or liability for any damage and/or consequential damage caused by improper use or incorrect maintenance of the product.
In addition to the address stated in Clause 1 ZWEIKAMPF may also be contacted at the following address with regard to conclusion or consummation of the contract:
Bernstein Innovation GmbH
Deviations from these General Terms and Conditions shall apply only if they have been expressly agreed in writing separately.
3.3 Data protection
By sending a purchase order the Customer agrees and accepts that ZWEIKAMPF is entitled to collect, use, store and process his personal data in compliance with the said Data Protection Statement.
3.4 Applicable law and place of jurisdiction
All disputes arising out of this contractual relationship shall exclusively be settled before the court in Linz having jurisdiction over the subject matter.
The purchase contract shall be governed by Austrian law and the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall be excluded.
(If you intend to rescind the contract, please complete this form and return it to)
Bernstein Innovation GmbH
- I/We hereby rescind the contract on purchase of the following goods (*)/provision of the following service (*) concluded by me/us (*)
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s)
(*) delete which is not applicable.