Zwiesel Kristallglas shop

Terms and Conditions of Sale and Delivery

Section 1 Scope

The business relationship between Zwiesel Kristallglas AG (Zwiesel) and the client (the customer) is governed exclusively by the following General Terms and Conditions.

Zwiesel shall not recognise deviating conditions of the customer, unless Zwiesel has expressly agreed to the validity thereof in writing.

Section 2 Conclusion of contract

The contract shall be concluded exclusively in German.

The order constitutes an offer by the customer to Zwiesel to conclude a sales contract. Zwiesel's confirmation of order shall not constitute an acceptance of this offer, but is merely intended to inform the customer that his order has been received by Zwiesel. A sales contract with Zwiesel shall only be brought about when Zwiesel sends the product ordered to the shipping address.

In the event of the ordered goods not being available, Zwiesel reserves the right not to accept the contract and not to deliver. In this case, Zwiesel shall immediately inform the customer of this and shall immediately reimburse any considerations already received.

Section 3 Regulation concerning costs in the case of the right of cancellation

The customer has a legal right of cancellation. If he exercises this right, he shall not have to bear the costs for returning the goods under any circumstances. The following "Section 4 Cancellation policy" – the instructions required by law – informs the customer about the preconditions, exercise and consequences of this right of cancellation for consumers.

Section 4 Cancellation policy

Right of cancellation

You may cancel your contractual acceptance within 14 days without giving reasons in writing (e.g. by letter, fax, e-mail) or – if the goods were delivered to you before the expiry of the term – by returning the goods. The term shall commence following receipt of these instructions in writing, but not prior to receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not prior to receipt of the first part delivery), nor prior to fulfilment of our duties to furnish information in pursuance of Article 246 Section 2 in conjunction with Section 1 (1) and (2) of the Introductory Act to the German Civil Code [Einführungsgesetz zum Bürgerlichen Gesetzbuch, EGBGB] and our duties in pursuance of Section 312e (1) (1) of the German Civil Code [Bürgerliches Gesetzbuch, BGB] in conjunction with Article 246 Section 3 of the Introductory Act to the German Civil Code.

In order to observe the cancellation period, it is sufficient to send the cancellation or the item in good time.

The cancellation must be sent to:

Zwiesel Kristallglas Online-Shop
Dr.-Schott-Straße 35
D-94227 Zwiesel
Fax: 09922-882-111 (14 cents/min., German landline, mobile charges may vary)
E-Mail: onlineshop@zwiesel-kristallglas.com

Consequences of cancellation
In the event of an effective cancellation the services received by both parties are to be returned and any uses and enjoyments derived therefrom (e.g. interest) are to be surrendered. If you are unable to return the service received to us wholly or in part or can only do so in a deteriorated condition, you must pay us compensation in this respect if applicable. This shall not apply on surrendering items, if the deterioration of the item can be exclusively attributed to the examination thereof – as you could have done, for instance, in a retail shop. Incidentally, you can avoid the obligation to pay compensation for a deterioration of the goods caused by using them as intended by not using the goods as your property and refraining from everything which could adversely affect their value. Items which can be shipped as parcels are to be returned at our expense and risk.

Goods which cannot be shipped as parcels shall be collected from you. Obligations to reimburse payments must be fulfilled within 30 days. This period shall commence for you when you send your notice of cancellation or the goods, and for us from the receipt thereof.

End of the cancellation policy

Section 5 Delivery

Orders can only be placed and deliveries only made within Germany and Austria. The goods shall be delivered to the delivery address indicated.

Information regarding the delivery period shall not be binding unless, in exceptional cases, a binding delivery date has been agreed in writing. Part deliveries shall be permissible, if this is reasonable for the customer.

Zwiesel shall deliver within 5 working days. In the event of delays in delivery, Zwiesel shall inform the customer immediately.

Section 6 Due date and payment

The prices indicated at the time of the order shall apply.

All prices are final prices including value-added tax at the prevailing rate.
The shipping costs shall be shown separately for each delivery.
The purchase price shall be due upon delivery.

If the customer defaults on payment, Zwiesel shall be entitled to demand default interest of 5 per cent a year above the prevailing base rate announced by the Deutsche Bundesbank. If Zwiesel incurs higher damage as a result of the delay, Zwiesel shall be entitled to assert this.

Section 7 Retention of title

The delivered goods shall remain the property of Zwiesel until payment is made in full.

Section 8 Warranty for defects, damages

The statutory provisions shall govern the warranty for defects. Zwiesel shall be fully liable for intent or gross negligence.

Inasmuch as Zwiesel negligently breaches an essential contractual obligation, the liability to pay damages shall be limited to the typically occurring damage which can be foreseen on the conclusion of the contract. Essential contractual obligations are those obligations which must be complied with in order to render the proper performance of the contract possible, and on the compliance with which the customer may normally rely. This restriction shall not apply to injury of life, limb or health of a person, nor to liability in pursuance of the German Product Liability Act [Produkthaftungsgesetz].

If Zwiesel's liability is excluded or limited, this shall also apply to the personal liability of its employees, representatives and agents.

Section 9 Data protection

Zwiesel collects data from the customer within the framework of processing orders. Zwiesel shall observe the provisions of the Federal Data Protection Act [Bundesdatenschutzgesetz] and the German Teleservices Act [Telemediengesetz]. Each collection, processing or use of data which is not necessary for the processing of orders or for the utilisation and billing of teleservices shall require the consent of the customer. This requirement for consent shall apply in particular to the use of data for advertising, market research or opinion polls.

The customer may retrieve the data stored by him in his profile, change his profile or delete the data at any time via the "MY ACCOUNT" button.

Section 10 Terms and conditions of payment and delivery

The shipping costs per order are € 4.95 for standard delivery. Zwiesel will deliver free of charge for orders at a minimum value of € 50.00,--. Terms of delivery are subject to change without notice.

The customer may pay for the goods against an invoice, by direct debit, credit card, advance payment, immediate bank transfer and via an online transfer and PayPal.

He can change the payment method stored in his user account at any time.

Section 11 Legal basis

German law shall apply to the exclusion of its conflict of laws and the UN Convention on Contracts for the International Sale of Goods.

Section 12 Address/Imprint

(Information in pursuance of Section 5 of the German Teleservices Act)

Zwiesel Kristallglas Aktiengesellschaft
Dr.-Schott-Straße 35
D-94227 Zwiesel
Telephone: 09922-98-111
Monday to Friday from 8:00 to 16:00
Fax: 09922-882-111

E-mail: onlineshop@zwiesel-kristallglas.com

represented by the board of directors:
Dr. Robert Hartel (Chairman)
Dr. Andreas Buske

Chairman of the Supervisory Board:
Prof. Dr. Klaus Trützschler

having its head office in Zwiesel

registered in the commercial register at the Local Court of Deggendorf under number H.R.B. 003