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General Terms and Conditions
of t-zone24 as of July 2006
1.Validity of Terms
The following general terms and conditions shall apply to all offers, deliveries and services provided by t-zone24. Other terms do not become subject terms of contract even if t-zone24 does not explicitly object. Unless their inapplicability is explicitly agreed to in writing, these terms shall – without the need of any separate agreement – also apply in their officially publicised edition in future business between the parties.
2. Contract Conclusion
The presentation of goods by t-zone24 in the Webshop is not to understood as a binding offer unless it is specifically marked as such by t-zone24. The assumption of a guarantee or the exercise risk between the contract partners must be explicitly agreed to in writing.
By sending an order via electronic data transmission and the access to t-zone24, the customer gives a binding offer for the conclusion of a transaction for the goods selected. This offer is valid for the customer for the duration of two weeks.
All details supplied by the customer will be displayed in an confirmation window after the Order button has been selected. By selecting the Back button, the details can be corrected before finalizing the order.
The incoming order will be confirmed electronically instantly by t-zone24. Upon receipt of an electronic order from the customer and subject to the provisions of named conditions, the customer has entered into a contract agreement with t-zone24. In no case does this apply to false price quotations, obvious calculation errors, false product descriptions and the like which t-zone24 will assert to promtly. The confirmation of the order will be confirmed electronically per email.
The subject matter of the contract will be saved by t-zone24 and may be transmitted to the customer per email if the customer requests so.The contract language is english.
The customer may stop the transmission at any time by not sending his order or by selecting the stop button. In this case the customer has not entered into a contract agreement.
3. Right of Withdrawal for Contracts with Consumers
Is the customer consumer (customer is not gaining the product in the excrcise of the customers commercial or self-employed business) the customer may make use of the right of withdrawal in accordance with paragraph 355 versus paragraph 312 of the German Civil Code.
The right of withdrawal does not apply if products from t-zone24 have been individually produced for the customer or in case of special designs such as individual engraving or the delivery of special sizes. The right of withdrawal also does not apply to delivered jewlery care products of which the packaging has been opened and or removed regardless of whether the product has been used or not. The right of withdrawal applies to jewlery care products only if they remain in their original state and packaging.
The right to return the product associated with the right of withdrawal may be made use of within two weeks which, in case of delivery begins with receipt ot the product. Precondition for the period alloted is that t-zone24 has informed the customer of her/his rights as per paragraph 312 clause 2 of the German Civil Code at the latest at the time of delivery of the product. This information can be found in the general terms and conditions on the t-zone24 website www.z-zone24.de, on the confirmation of the order and on the bill of delivery/invoice from t-zone24. The right of withdrawal expires in any case without further notice six months after receipt of the product.
The customer may exercise the right of withdrawal only by returning the produkt. The exercise of the right of withdrawal must not be justified. In compliance with the alloted period of two weeks, returning the product to t-zone24 within this period is sufficient.
Reconsignment must be returned as opening letter to the postal address of t-zone24, Am Anger 33, 94209 Regen.
Should the product price not exceed 40 Euro, the products to be returned must be sent to t-zone24 at the customers expense and risk.This applies also if the customer has not made a down-payment or payment in full for a product with a price exceeding 40 Euro. The rule does not apply should the product delivered not be the product ordered. Products returned at the cost of t-zone24 will not be accepted by t-zone24 and will be returned to the customer.
Should the customer make use of the right of withdrawal, the customer must return the product withing the time alloted and will be reimbursed. Should the delivery be returned only partially, the customer may deduct the price of the returned product from the invoice. The product must be returned in a faultless state and in the original packaging. The customers right to inspect the product stays unaffected. Should the product be impaired while in use in the way intended and not while the product is being inspected after receipt, the customer is obliged to carry the cost of reparation amounting to the products worth. Instead of returning the product, the customer must render the cost of reparation, if the product cannot be returned. Further legal consequences pertaining to the return of products act in conform with Paragraph 357 clause 1, S. 1, 346 of the Civil Rights Code.
Should the product be damaged when delivered to the customer or have deficiencies, the rules for property deficiency and deficiency in title in paragraph 7 of the general terms and conditions apply.
Questions regarding the right of withdrawal or other subjects regarding the general terms and conditions may be directed toward t-zone24:
3.1
E-mail: info@t-zone24 Postal Address: t-zone24
Am Anger 33
94209 Regen
Tel.: 0049 – 921 – 1509 5840
Fax: 0049 – 921– 1509 5849
4.r Compensation, terms of payment, delay and conditional sale
The listed prices in the webshop are to be understood including value-added tax. The customer is obliged to carry the additional cost of presently EUR 4,20 for mailing should the total value of goods not exceed EUR 120,00 per order and must be added to the total purchase-price indicated. Should the total value of goods exceed EUR 120,00 the mailing fee will be free of charge. The minimum order value is EUR 10,00.
The total value of goods must be paid immediately after ordering the product and receipt of the invoice, however, within the course of 30 days at the latest. Payments may only be made via pre-payment or money transfer unless an individual case agreement has been made beforehand. t-zone24 will carry the hereby arising fees. Should the clients payment be delayed, she/he is obliged to pay an additional fee for the damage caused by the delayed payment in form of EUR 5,00 for the payment reminder and admonition.The assertion of advanced compensation due to the delayed payment (i.E. collection expensens) is at t-zone24s liberty.
When a purchase on account is made, t-zone24 will phase a SCHUFA credit assessment preceeding the payment tansaction. In line with the credit assessment a data exchange will take place between the corresponding service providers. All individual-related data will be handled as strictly confidential and all customer concerns will be protected accorcding to legal guidelines and requirements. Depending on the result of the credit assessment and the total value of the order t-zone24 reserves the right to decline the chosen form of payment for future orders. In this case, t-zone will inform the customer promptly and offer to order anew with a pre-payment as form of payment.
The goods remain property of t-zone24 until payment has been made in full including mailing expenses as well as other accessory charges.
5. Delivery
Details pertaining to delivery time are obligatory unless exceptionally mentioned in writing.
Partial deliveries are acceptable, as far as they are reasonable for the customer.
T-zone24 reserves the right to refrain from delivering the product and to withdraw from the contract should a subcontractor not deliver the ordered products even though a delivery commitment exists. The right of withrawal from the contract does not apply should t-zone 24 not be able to deliver for whatever cause. t-zone24 is obliged to inform the customer promptly if a delivery is not possible. In this case, t-zone24 will refund any previous payments made to t-zone24.
6. Conditional Sale
The goods remain property of t-zone24 until payment has been made in full. Should the customer leave the product under reserve in the hands of a third party, she/he must inform t-zone24 of this promptly. Furthermore, the customer is obliged to inform the third party of the rights set up y t-zone24. Should a customer payment be delayed, the product may no longer be at the customers disposal. In this case, t-zone24 is authorized to withdraw the product. The withdrawal of the product is not to be understood as a withdrawal from the contract unless t-zone24 has explicitly stated so in writing. After withdrawal of the product, t-zone24 is authorized to reuse the product. The proceeds from reuse will be taken into account on the customers liabilities after costs for reuse have been deducted.
7. Property deficiency and deficiency in title
The customer must contact t-zone24 immediately, should the product received have flaws or if the delivery is incomplete. In case of flaws, the customer is obliged to return the goods to t-zone24 promptly as open letter/package per postal service. In this case, t-zone24 will reimburse the mailing expenses via bank transfer.
Real gemstomes underlie natural color fluctuation to some extent. The gemstone colors displayed in the webshop are only exemplary and do not render the possible, natural color fluctuations of the respective gemstone product. Furthermore, the color displayed depends on the respective screen and grafic adjustment as well as the quality of the customers monitor. Consequently, color fluctuations or color variations of the gemstones used by t-zone24 cannot be stated as flaws, irrespective of whether they have been specifically pointed out in particular cases or not.
The delivery is free of flaws when it has the agreed upon appearance and workmanship when passing of risk or, in case the appearance and workmanship was not agreed upon, the preconditioned utilization as mentioned in the contract is provided. Otherwise, if it is usable and has the appearance and workmanship which is usual for this type of delivery and can be expected by the customer.
If the product has flaws the customer may choose between having the flaw corrected or to have the product replaced. Is t-zone24 not willing or not able to have the flaw corrected or to have the product replaced due to disproportion the new order will be delayed for reasons beyond the control of t-zone24 for a time period set forth by the customer. If a replacement is not possible or not reasonable for the customer, the customer may withdraw from the contract or decrease the purchase price. For compensation and the compensation of forlorn expenditures paragraph 8 applies.
If the customer is consumer the warranty period has a duration of 24 months and begins with the delivery of the goods to the customer. If the customer is mercantilist the warranty period has a duration of 12 months and also begins with the delivery of the goods to the customer. In case of flaws in title the legal regulations rule.
Should the product turn out to be flawless t-zone24 will return the product to the customers expense and risk.
8. Liability Limitations and Exemption from Liability
t-zone24 will compensate for damages or compensate forlorn expenditures for whatever reason (i.e. neglegt of duty, tortious act) in the following range:
in case of intent, acceptance of a guarantee or acceptance of the exercise risk t-zone24 is liable in full;
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in case of gross carelessness t-zone is liable for the full amount of the predictable and typical damage which should be avoided by due dilligence;
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in all other cases t-zone24 is liable only if a breach of a fundamental duty has taken place and therefore the attainability of the contract use is jeopardized. t-zone24 will compensate the full amount of the predictable and typical damage and/or per individual damage case limited up to the double amout agreed to in the contract at the most.
The legal liability in case of injury to life, body and/or health as per the liability law stays untouched.
t-zone24 holds the right to raise an objection to contributory negligence by the customer.
Regarding the period of limitations regarding customer demands for compensation or the reimbursement of expenses from the contract due to product defects or defects of title paragraph 7 clause 5 applies.
Despite thorough controlling t-zone24 is not liable for the content of external Links on http://www.t-zone24.de. The content and presentation of these links by third parties and the links as such are specifically accountable to the respective operator thereof. t-zone24 takes no part of or responsibility for content and presentation on sites operated by third parties linked with t-zone24.
t-zone24 customers who book a comercial banner from http://www.t-zone24.de are liable in full for content and presentation thereof as well as for the contents of the sites linked with the banner. Commercial banner customers exempt t-zone24 of all claims, set forth by third parties, that have to do with the content and presentation as well as the sites linked to the banner. These customers will equally exemt t-zone24 of all costs and disbursements connected with the banner and will reimburse t-zone24 if they have been paid for by t-zone24. The banner customer will also exempt t-zone24 of all damage claims, costs and fees, that have been raised against t-zone24 and/or have been judicially agreed upon, which occur in conjunction with dissuasions raised by third parties or lawful conflicts with third parties, toward t-zone24. judicial agreements. When and if such damage claims, costs and fees have been paid for by t-zone24, these must be reimbursed to t-zone24 by the banner customer.
Furthermore, t-zone24 specifically dissociates itself from all contents and presentations of sites linked with www.t-zone24.de by third parties as well as all sites shown by third parties in their entirety without exception.
Upon written demand by t-zone24 the customer is obliged to carry out, avert or reach a settlement for all legal action and dissuasion proceedings exerted by third parties because of alleged infringement of rights due to commercial banners or due to hierwith linked sites. Otherwise, if t-zone24 chooses so, the customer is warranted to carry the cost of reasonable support for a lawful defense or dispute settlement of such proceedings.
9. Customer Service
t-zone24 has established a customer service at the above mentioned address.
10. Data Security
The customer is herewith informed that t-zone24 will collect, save, process and communicate its data on to third parties in the volume necessary in order for the contract to be realised and on the base of relevant data security regulations. t-zone24 may supply subcontractors and other third parties, who are trusted with the accomplishment of the service actually rendered in connection with the contract realisation, although only in the volume that is necessary for the realisation of the contract.
11. Lotteries, Vouchers
When and if t-zone24 holds a lottery, the winner will be determined randomly and to the exclusion of legal actions. The participation in a lottery is independent of an order. An order does not raise the chance of winning. Persons under age, co-workers of t-zone24 and their relatives are excluded from participation. Every participant is authorized to take part once per lottery. Persons who take part more than once per lottery will be excluded from the lottery drawing. The participants will agree to being notified per email as well as to having their first name and the initial of their family name announced by t-zone24. Legal actions in association with the participation in lotteries held by t-zone24 are fundamentally and invariably excluded.
When and if t-zone24 assignes or vouchers to a participant in the course of a lottery, these are to be understood solely as coupons. They are not transferable to third parties and cannot be paid out in cash. Only one voucher may be redeemed per order/purchase. Furthermore, a minimum order value of € 35.00 is a imperative prerequisite. In determining the value of the goods the value of any returned articles from the respective order must be deducted and the remaining value seen as decisive in order to adhere to the minimum order value.
Purchased vouchers are generally and without exception coupons and cannot be paid out in cash. They may only be used as a payment method for purchase orders. Should the order value exceed the voucher value, t-zone24 will issue a new voucher amounting to the remaining amount.
12.
Close
The contractual relationship between both contract partners is judged by german law.
Place of execution is Regen. Jurisdiction for all disputes pertaining to this contractual relationship is Regen if the customer is a commercially registered merchant or equal.
Should a clause in this contract be effectless or become so, or should the contract be incomplete, then the contract will remain untouched in the whole. The effectless clause will be replaced by a clause which fulfills the whole purpose of the effectless clause in an legally effective and economic way.
t-zone24
Am Anger 33
94209 Regen
Tel.: 0049 – (0)921 – 1509 584 -0
Fax: 0049 – (0)921 – 1509 584 –9
Email: info@t-zone24.de
Manager: Thomas Beach
Tax Number: 170/203/50016
USt.-IdNr.: DE194404105
Copyright 2006-08-03 / t-zone24 / Am Anger 33/ 94209 Regen / Tel.: 0049 – (0)921 – 1509 584 –0 / Fax: 0049 – (0)921 – 1509 584 –9 / Email: info@t-zone24.de
Delivery Time
Your incoming order will be handled promptly.
As a rule, delivery will be in the course of the next 3-5 working days after reiceipt of payment.
Should the ordered product not be in stock, delivery may take 6-14 working days after receipt of payment Should delivery be delayed, you will be informed promptly.
How do we deliver?
Packages will be sent quickly and low priced with DHL
Delivery expenses
For deliveries out of Germany we charge a fee of EUR 8,30 for ensured shipping
Payment
Registered customers may pay
- per purchase account
- per bank transfer
New customer may pay
- per bank transfer
For bank transfers please use the following bank details:
Sparkasse Regen
Bank Id. Code: 741 514 50
Account Number: 22 13 0736
IBAN: DE42 7415 1450 0022 1307 36
SWIFT-BIC: BYLADEM1REG
As reason for transfer please indicate the Invoice Number.
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