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Terms of service

Customer Information

Seller

The contract is concluded with:

Zwillingsherz GmbH

Modering 3

22457 Hamburg

Telephone: 040/180244115

E-mail: info@zwillingsherz.com

VAT ID: DE296401601

Commercial Register No.: HRB 133330

Register Court: Local Court of Hamburg

 

Conclusion of Contract and Ordering Process

1.      The presentation of the goods, in particular on the Internet, does not yet constitute a binding offer by the Seller.

2.      By clicking the button “Add to cart”, the respective selected items are placed in the shopping cart. Only after confirming the order and contractual data by clicking the button “Buy now” do you submit a binding offer for the items placed in the shopping cart.

3.      The contract is concluded as soon as we accept your order by sending an order confirmation by e-mail.

Technical Correction Options

All entries made are displayed before clicking the order button and can be corrected there before submission of the binding offer, including by using the “Delete” button.

Contract Language

The contract language is German.

Storage of the Contract Text

The contract text of the respective contract concluded between the Seller and the Customer is stored by the Seller. The contract text is stored on the Seller’s internal systems. The Customer may view the General Terms and Conditions on this page at any time. The order data, the withdrawal instructions and the General Terms and Conditions are sent to the Customer by e-mail. After completion of the order, the contract text is only accessible to the Customer via their customer account, provided that they have created one.

Warranty Rights

The Buyer is entitled to statutory warranty rights.

Payment

Payment may be made, depending on availability in the ordering process, by purchase on account, advance payment, PayPal, credit card (Amex, Visa, Mastercard), Google Pay, Apple Pay, or Shop Pay. The payment methods displayed during the ordering process shall apply.

Delivery

Deliveries are made within the Federal Republic of Germany, including the North Sea and Baltic Sea islands, as well as abroad. Other shipping destinations may be negotiated individually, whereby additional costs may arise.

The countries supplied can be viewed here: Germany, Austria, Belgium, Denmark, Finland, Italy, Luxembourg, Netherlands, Spain and Switzerland.

All items offered are ready for immediate dispatch unless clearly stated otherwise in the product description. The delivery times to the countries supplied can be viewed here:

Delivery time:

Germany: approx. 1–2 working days
Austria and other EU countries: approx. 3–7 working days
Switzerland: approx. 4–10 working days, subject to customs-related delays

The stated delivery periods shall commence, in the case of payment by bank transfer, on the day after the payment order has been issued to the transferring credit institution; in the case of payment by PayPal, on the day after the payment instruction; in the case of payment by credit card, on the day after the Customer’s account has been charged; and in the case of payment on account, on the day after the order.

The delivery periods end upon expiry of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a general public holiday officially recognised at the place of delivery, the next working day shall take the place of such day.

Shipping Costs

All shipping costs, in particular packaging and transport costs as well as deliveries, shall be borne by the Customer unless otherwise agreed. An overview of the shipping costs can be viewed here:

Germany: €4.99 (DHL GoGreen) or 3.99€ (DPD) + free shipping on orders over 120€
Austria: €9.99 (DHL GoGreen)
Switzerland: €15.99 (DHL GoGreen)
Other EU countries: €15.99 (DHL GoGreen)

If delivery is made to a non-EU country, further customs duties, taxes or fees may be payable by the Customer, but not to the Provider; rather, they are payable to the competent customs or tax authorities there. The Customer is advised to obtain details from the customs or tax authorities before placing the order.

Returns

The direct costs of returning the goods shall be borne by the Customer. For the use of our return label, we charge a flat-rate fee of €2.99 (applicable to Germany only).

Complaints Management

In the event of questions regarding the delivery of the goods, e.g. timing, availability, receipt of payment, etc., it is possible to contact the Seller:

Telephone: 040/180244115

E-mail: info@zwillingsherz.com

General Terms and Conditions

1.      Contractual Basis

1.1. All contracts concluded by the Customer (consumer or entrepreneur) with the Seller shall be governed exclusively by these General Terms and Conditions. The Customer expressly acknowledges these with their order.

1.2. A consumer is any natural person who enters into a legal transaction for purposes that can be attributed neither to their commercial nor to their independent professional activity.

1.3. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

2.      Delivery Conditions

If the Seller incurs additional shipping costs due to the provision of an incorrect delivery address or an incorrect addressee, these costs shall be reimbursed by the Customer, unless the Customer is not responsible for the incorrect information.

3.      Payment Conditions

3.1. The purchase price shall become due immediately upon conclusion of the contract. The prices that were displayed on our website at the time of the order shall apply. Correction of obvious errors remains reserved.

3.2. The stated prices include statutory value added tax (currently 19%) and other price components. Any shipping costs shall be added, which — insofar as they arise — are stated in the order overview.

3.3. In the event of default in payment, the Customer shall be obliged to pay default interest to the Seller in the amount of 5 percentage points above the base interest rate if the Customer is a consumer (§ 13 BGB). If the Customer is an entrepreneur (§ 14 BGB), the default interest rate shall amount to 9 percentage points above the base interest rate.

3.4. Irrespective of clause 3.3, the Seller remains entitled to prove a higher loss caused by default as well as any other damage.

4.      Right of Withdrawal and Voluntary Right of Return

4.1 The statutory right of withdrawal applies exclusively to consumers. The complete withdrawal instructions and the model withdrawal form can be found at: [Link to withdrawal instructions].

4.2 In addition to the statutory right of withdrawal, we grant consumers a voluntary right of return of a total of 30 days from receipt of the goods. The statutory rights of the consumer, in particular the statutory right of withdrawal and warranty rights, remain unaffected thereby.

4.3 Without prejudice to their right of withdrawal and the voluntary right of return, the Customer must carefully package the goods for return shipment.

4.4 The direct costs of returning the goods shall be borne by the Customer. If the Customer uses a return label provided by us for the return shipment, we charge a flat-rate fee of €2.99.

5.      Retention of Title

The goods shall remain the property of the Seller until full payment has been made.

6.      Limitation of Liability

6.1. With the exception of injury to life, body and health and the breach of essential contractual obligations (cardinal obligations), the Seller shall only be liable for damage attributable to intentional or grossly negligent conduct.

This shall also apply to indirect consequential damages, in particular loss of profit.

An essential contractual obligation is an obligation whose fulfilment is essential for the proper performance of the contract and on whose compliance the contractual partner regularly relies and may rely.

6.2. Except in cases of intentional or grossly negligent conduct or in cases of damage arising from injury to life, body and health and the breach of essential contractual obligations (cardinal obligations), liability shall be limited to the damage typically foreseeable at the time of conclusion of the contract and, otherwise, in terms of amount to the average damage typical for the contract. This shall also apply to indirect consequential damages, in particular loss of profit.

6.3. The limitation of liability set out in paragraphs 1 and 2 shall apply mutatis mutandis also in favour of the Seller’s employees and vicarious agents.

6.4. Claims based on liability under the Product Liability Act shall remain unaffected.

7.      Consumer Dispute Resolution pursuant to the VSBG

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

8.      Final Provisions

8.1. The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the state in which the Customer has their habitual residence shall remain unaffected.

8.2. The place of performance shall be the Seller’s registered office, provided that the Customer is a merchant.

8.3. If the Customer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction within Germany, or relocates their place of residence abroad after conclusion of the contract, or if their place of residence is unknown at the time the action is filed, the place of jurisdiction shall be the Seller’s registered office.

8.4. Should individual provisions of this contract be invalid or conflict with statutory provisions, this shall not affect the validity of the remainder of the contract.

9.      Content

All content on this website, in particular texts, photographs, product images, model images, graphics and designs, is protected by copyright. Use, reproduction or disclosure is permitted only with prior written consent.

 

-End of the General Terms and Conditions-