General terms and conditions

Article 1 - Definitions

In these Terms and Conditions, the following definitions apply:

Cooling-off period: the period within which the consumer may exercise his right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession or business and who concludes a distance contract with the trader;

Day: calendar day;

Term contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over a certain period of time;

Durable medium: any means enabling the consumer or trader to store information addressed personally to him in a way that allows future consultation and unaltered reproduction of the information stored.

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person who offers products and/or services to consumers by distance selling;

Distance contract: an agreement whereby, within the framework of a system organised by the trader for the distance sale of goods and/or services, one or more techniques of distance communication are used exclusively until the conclusion of the contract;

Distance communication technology: means that can be used to conclude an agreement without the consumer and the trader having to meet in the same room at the same time.

General Terms and Conditions: these General Terms and Conditions of the Entrepreneur.

Article 2 - Identity of the entrepreneur

Email: Support@zimmermanmode.de

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and every order concluded between the entrepreneur and the consumer.

Before the conclusion of the distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed that the general terms and conditions are available for inspection at the trader's premises before the conclusion of the distance contract, and they will be sent to the consumer free of charge upon request as soon as possible.

If the distance contract is concluded electronically, the text of these general terms and conditions may, notwithstanding the previous paragraph, be made available to the consumer electronically before the conclusion of the distance contract in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it shall be stated before the conclusion of the distance contract where the general terms and conditions can be viewed electronically and that they will be sent electronically or by other means free of charge at the consumer's request.

In the event that specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always rely on the provision most favorable to him.

Should one or more provisions of these General Terms and Conditions be invalid or void at any time, in whole or in part, the remainder of the contract and these Terms and Conditions shall remain in force and the relevant provision shall be replaced immediately by mutual agreement with a provision that comes as close as possible to the meaning and purpose of the original provision.

Situations not provided for in these Terms and Conditions should be assessed "in the spirit" of these Terms and Conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of our Terms and Conditions must be interpreted "in the spirit" of these Terms and Conditions.

Article 4 - The offer

If an offer has a limited period of validity or is subject to conditions, this must be explicitly stated in the offer.

This offer is subject to change. The entrepreneur reserves the right to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly evaluate the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or obvious mistakes in the offer do not bind the entrepreneur.

All images, specifications and data in the offer are indicative and cannot be a reason for compensation or termination of the contract.

The product images are a true representation of the products offered. The operator cannot guarantee that the colors depicted exactly match the actual colors of the products.

Each offer contains information that enables the consumer to understand the rights and obligations associated with accepting the offer. This particularly concerns:

The price, excluding customs clearance costs and import VAT. These additional costs are borne by and at the customer's risk. The postal and/or courier service applies the special rules for postal and courier services upon import. This rule applies when the goods are imported into the EU country of destination, which is the case here. The postal or courier service collects VAT (together with customs clearance fees, if applicable) from the recipient of the goods.

any shipping costs;

the manner in which the contract is concluded and the steps required for this purpose;

whether the right of withdrawal is applicable or not;

the manner of payment, delivery and performance of the contract;

the period for acceptance of the offer or the period within which the trader guarantees the price;

the amount of the tariff for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic tariff for the means of communication used;

whether the contract is archived after its conclusion and, if so, how it can be accessed by the consumer;

the manner in which the consumer can check and, where appropriate, correct the data he has provided in the contract before the conclusion of the contract;

any language other than Dutch in which the contract can be concluded;

the codes of conduct to which the trader is subject and the manner in which the consumer can consult those codes of conduct electronically; and

the minimum term of the distance contract in the case of a term transaction.

Optional: available sizes, colors, material types.

Article 5 - The Agreement

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.

If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of acceptance of the offer electronically. As long as the trader has not confirmed receipt of this acceptance, the consumer may terminate the contract.

If the contract is concluded electronically, the trader must take appropriate technical and organizational measures to protect the electronic data transmission and ensure a secure internet environment. If the consumer can pay electronically, the trader will take appropriate security measures.

The trader may – within the legal framework – obtain information about the consumer's ability to meet his or her payment obligations, as well as about all facts and factors relevant for a responsible conclusion of the distance contract. If, based on this assessment, the trader has good reason not to conclude the contract, he or she is entitled to reject an order or application or to make the execution subject to special conditions, stating the reasons.

The trader will provide the consumer with the product or service the following information in writing or in such a way that it can be stored by the consumer on a durable medium:

the address of the trader's establishment to which the consumer can address complaints;
the conditions and manner in which the consumer may exercise his right of withdrawal or, where appropriate, clear information about the exemption from the right of withdrawal;
information about guarantees and existing customer services;
the data referred to in Article 4(3) of these terms and conditions, unless the trader has already communicated those data to the consumer before the performance of the contract;
the conditions for termination of the agreement if the agreement has a term of more than one year or is of indefinite duration.
In the case of a continuing contract, the provisions of the previous paragraph shall apply only to the first delivery.

Any agreement is concluded subject to the condition precedent of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

When purchasing products, the consumer has the option to terminate the contract without giving any reason within 14 days. This cooling-off period begins on the day following receipt of the product by the consumer or a representative designated in advance by the consumer and notified to the entrepreneur.

During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they must return the product to the entrepreneur, including all supplied accessories and, where reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The consumer should notify this in writing/by email. After the consumer has declared that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must provide evidence of the timely return of the delivered goods, for example, by providing proof of shipment.

If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not expressed his wish to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase shall be deemed to have been made.

Article 7 - Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the costs of returning the goods shall be borne by him.

If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after the cancellation. This is subject to the condition that the goods have already been returned to the trader or conclusive proof of complete return can be provided.

Article 8 - Exclusion of the right of withdrawal

The trader may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has made this clear in the offer at least in good time before the conclusion of the contract.

The exclusion of the right of withdrawal is only possible for products

which were prepared by the trader according to the consumer's specifications;
which are clearly of a personal nature
which cannot be returned due to their nature;
that spoil or age quickly;
whose price is subject to fluctuations on the financial market that are beyond the control of the entrepreneur;
for individual newspapers and magazines;
for audio and video recordings and computer software whose seal has been broken by the consumer.
for hygiene products whose seal has been broken by the consumer.
The exclusion of the right of withdrawal is only possible for services

about accommodation, transport, restaurant or leisure activities to be carried out on a specific date or during a specific period;
the delivery of which began with the express consent of the consumer before the expiry of the withdrawal period;
about betting and lotteries.
Article 9 - The Price

During the period of validity specified in the offer, the prices of the products and/or services offered will not be increased, except in the case of price changes due to changes in VAT rates.

By way of derogation from the previous paragraph, the trader may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the trader has no control. This connection with fluctuations and the fact that the prices stated are target prices shall be mentioned in the offer.

Price increases within 3 months of the conclusion of the contract are only permissible if they result from statutory provisions or regulations.

Price increases from 3 months after conclusion of the contract are only permissible if the entrepreneur has agreed to them and:

they arise from legal provisions or regulations; or
the consumer is entitled to terminate the contract on the day on which the price increase takes effect.
The place of supply, as defined in Article 5(1) of the Value Added Tax Act of 1968, is the country in which the transport begins. In this case, this supply takes place outside the EU. The postal or courier service subsequently collects the import VAT or handling fees from the customer. Consequently, the trader does not charge VAT.

All prices are subject to printing errors. No liability is assumed for the consequences of printing or typesetting errors. In the event of printing or typesetting errors, the entrepreneur is not obligated to deliver the goods at the incorrect price.

Article 10 - Conformity and warranty

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations applicable at the time of the conclusion of the contract. If agreed, the trader also guarantees that the product is suitable for purposes other than normal.

A guarantee provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader on the basis of the agreement.

Defective or incorrectly delivered products should be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.

The entrepreneur's warranty period corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The guarantee does not apply if:

The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;

The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;

The defectiveness is wholly or partly the result of regulations which the State has or will issue regarding the nature or quality of the materials used.

Article 11 - Delivery and execution

The Company will exercise the greatest possible care in accepting and executing product orders.

The place of delivery is the address that the consumer has communicated to the company.

Subject to the provisions of Article 4 of these General Terms and Conditions, the company will execute accepted orders promptly, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or an order cannot be executed or can only be executed partially, the consumer will be informed no later than 30 days after the order has been placed. In this case, the consumer has the right to terminate the contract free of charge and the right to compensation for any damages.

In the event of termination in accordance with the previous paragraph, the trader shall refund the amount paid by the consumer as soon as possible and at the latest within 14 days after termination.

If delivery of an ordered product is not possible, the entrepreneur will endeavor to provide a replacement item. At the latest upon delivery, a clear and understandable indication will be given that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The return shipping costs are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Term transactions: duration, termination and extension

Scheduling

The consumer may terminate a contract concluded for an indefinite period for the regular supply of products (including electricity) or services at any time, subject to compliance with the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term contract concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed term in accordance with the applicable termination rules and subject to a notice period of no more than one month.

The consumer may terminate the agreements referred to in the preceding paragraphs:

terminate at any time and not be limited to termination at a particular time or during a particular period;

at least complete them as he completed them;

always end with the same notice period that the entrepreneur has set for himself.

Expansion

A fixed-term contract concluded for the regular supply of goods (including electricity) or the provision of services may not be tacitly renewed or extended for a fixed term.

Notwithstanding the previous paragraph, a fixed-term contract concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term of no more than three months, provided that the consumer may terminate that renewed contract at the end of the renewal period, subject to a notice period of no more than one month.

A fixed-term contract for the regular supply of goods or the provision of services may be tacitly renewed for an indefinite period only if the consumer may terminate the contract at any time by giving a notice period of no more than one month, and by giving a notice period of no more than three months if the contract concerns the regular supply of daily or weekly newspapers and magazines less than once a month.

A temporary contract for the regular delivery of daily or weekly newspapers and magazines within the framework of an introductory subscription (trial or introductory subscription) shall not be tacitly continued and shall terminate automatically upon expiry of the trial or introductory period.

Length of time

For contracts with a term of more than one year, the consumer may terminate the contract at any time after one year with a notice period of up to one month, unless termination before the end of the agreed term is not possible for reasons of reasonableness and fairness.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days of the start of the reflection period referred to in Article 6(1). In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

The consumer is obliged to immediately inform the entrepreneur of any inaccuracies in the payment data provided or mentioned.

In case of non-payment by the consumer, the trader has the right, subject to statutory limitations, to charge the reasonable costs communicated to the consumer in advance.

Article 14 - Complaints procedure

Complaints about the implementation of the agreement should be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has found the defects.

Complaints submitted to the trader will be answered within 14 days of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved amicably, a dispute arises which is subject to dispute resolution proceedings.

A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur states otherwise in writing.

If the entrepreneur finds a complaint to be justified, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.