Terms & Conditions
General Terms and Conditions with Customer Information
Table of Contents:
- Scope of Application
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Guarantee
- Redemption of Gift Vouchers
- Applicable Law
- Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of Mario Zito, trading under "ZITOCASES" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in his online shop.Hereby, the inclusion of the customer's own conditions is contradicted, unless something else is agreed upon.
1.2 For contracts for the delivery of vouchers, these terms and conditions apply accordingly, unless otherwise regulated in this respect.
1.3 A consumer in the sense of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity.
1.4 An entrepreneur in the sense of these terms and conditions is a natural or legal person or a legally capable partnership who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers from the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. In doing so, the customer, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process.
2.3 The seller can accept the customer's offer within five days,
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by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
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by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
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by requesting the customer to make payment after placing their order.
If multiple of the aforementioned alternatives are present, the contract is concluded at the time when one of the aforementioned alternatives occurs first.The deadline for accepting the offer begins on the day after the offer is sent by the customer and ends with the expiration of the fifth day following the sending of the offer folgt. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer with the Folge that the customer is no longer bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, the payment processing is carried out through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A. , 22-24 Boulevard Royal, L-2449 Luxembourg (in the following: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com
2.5 When selecting the payment method "Amazon Payments," the payment processing is carried out through the payment service provider Amazon Payments Europe s.c.a. , 38 avenue John F.Kennedy, L-1855 Luxembourg (in the context: “Amazon”), under the Amazon Payments Europe Terms of Use, available at https://payments.amazon.de
2.6 When an offer is made via the seller's online order form, the contract text will be stored by the seller after the contract is concluded and sent to the customer in text form (e.g., email, fax, or letter) after the order has been submitted. There is no further obligation for the seller to make the contract text accessible.
2.7 Before the binding submission of the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which allows the display on the screen to be enlarged. The customer can correct their entries within the electronic ordering process as long as they use the usual keyboard and mouse functions until they click the button that completes the ordering process.
2.8 The contract can be concluded in German, English, and other languages.
2.9 Order processing and contact usually take place via email and automated order processing.The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered when using SPAM filters.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's withdrawal instructions.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices, which include the statutory value-added tax.Any additional delivery and shipping costs that may arise will be specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, for which the seller is not responsible and which must be borne by the customer. This includes, for example, costs for money transfers through credit institutions (z.B. transfer fees, exchange rate fees) or customs duties and taxes (z.B. customs). Such costs may also arise in relation to the money transfer even if the delivery does not take place in a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller's online shop.
4.4 If advance payment by bank transfer is agreed, the payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If the payment method "SOFORT" is selected, the payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "SOFORT"). In order to pay the invoice amount via "SOFORT", the customer must have an online banking account that is enabled for participation in "SOFORT", must authenticate themselves during the payment process, and must confirm the payment instruction to "SOFORT". The payment transaction will be carried out immediately afterwards by "SOFORT" and the customer's bank account will be debited. The customer can find more information about the payment method "SOFORT" on the internet at https://www.klarna.com
4.6 When selecting a payment method offered through the payment service "Shopify Payments," the payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). The individual payment methods offered through Shopify Payments will be communicated to the customer in the seller's online shop. For the processing of payments, Stripe may use other payment services, for which special payment conditions may apply, of which the customer may be separately informed. Further information on "Shopify Payments" can be accessed online at https://www.shopify.com
4.7 When selecting a payment method offered through the payment service "Klarna," the payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter referred to as "Klarna").Further information as well as the terms from Klarna can be found in the seller's payment information, which can be viewed at the following internet address:
https://zitocases.com
5) Delivery and Shipping Conditions
5.1 If the seller offers shipping of the goods, delivery will take place within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the transaction.
5.2 If the delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs for the return shipment if the customer effectively exercises their right of withdrawal.For the return shipping costs, the regulation made in the seller's cancellation policy applies in the event of effective exercise of the right of withdrawal by the customer.
5.3 If the customer acts as a business, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon delivery of the goods to the customer or a person authorized to receive them.Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer in the case of consumers as soon as the seller has delivered the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment, if the customer has commissioned the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only in the event that the non-delivery is not the seller's fault and that the seller has concluded a specific coverage transaction with the supplier with the required diligence.The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
5.5 Self-pickup is not possible for logistical reasons.
5.6 Coupons will be provided to the customer as follows:lgt:
- by email
6) Retention of title
If the seller makes an advance payment, he retains ownership of the delivered goods until full payment of the owed purchase price has been made.
7) Liability for defects (warranty)
7.1 Unless otherwise stated in the following provisions, the statutory provisions on liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.2 If the customer acts as an entrepreneur,
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the seller has the choice of the type of subsequent performance;
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for new goods, the limitation period for defects is one year from the delivery of the goods;
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for used goods, the rights and claims due to defects are excluded;
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the limitation period does not restart if a replacement delivery is made within the scope of liability for defects.lg
7.3 The liability limitations and time reductions regulated above do not apply
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to claims for damages and reimbursement of expenses by the customer,
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in the event that the seller has fraudulently concealed the defect,
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for goods that have been used in accordance with their usual purpose for a construction project and have caused its defects,
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for any existing obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
7.4 Furthermore, it applies to entrepreneurs that the statutory limitation periods for any existing statutory recourse claims remain unaffected.
7.5 If the customer acts as a merchant i.S.d. § 1 HGB, the customer is subject to the commercial inspection and complaint obligation according to § 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods are considered approved.
7.6 If the customer acts as a consumer, they are requested to report delivered goods with obvious transport damage to the carrier and to inform the seller of this. If the customer does not comply, this has no effect on their statutory or contractual claims for defects.
8) Warranty
8.1 ZITOCASES offers a one-year (1 year) warranty for all products sold on the website. This warranty covers manufacturing defects and is limited to defects related to fit, seams, and the use of adhesives. It should be noted that ZITOCASES does not cover defects caused by external influences, e.g. due to accidents, fire, water (or other liquids)
9) Redemption of gift vouchers
9.1 Vouchers that can be purchased through the seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated on the voucher.
9.2 Gift vouchers and remaining balances of gift vouchers are redeemable until the end of the third year after the year of voucher purchase. Remaining balances will be credited to the customer until the expiration date.
9.3 Gift vouchers can only be redeemed before completing the ordering process. A subsequent offsetting is not possible.
9.4 Only one gift voucher can be redeemed per order.
9.5 gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
9.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
9.7 The balance of a gift voucher will neither be paid out in cash nor accrue interest.
9.8 The gift voucher is transferable. The seller can perform with discharging effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity, or lack of representation authority of the respective holder.
10) Applicable Law
For all legal relationships of the parties, the law of the Federal Republic of Germany shall apply, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
11) Alternative Dispute Resolution
11.1 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
