1. Scope

The following general terms and conditions apply to all orders through our online shop made by consumers and contractors.

A consumer is any natural person who completes a legal transaction for purposes that cannot primarily be attributed to commercial or independent occupational activities. A contractor is a natural or legal person or a legal partnership that acts on its commercial or independent occupational activities by completing a legal transaction.

For entrepreneurs applies: If the entrepreneur uses conflicting or supplementary terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.

2. Contracting party, conclusion of contract

The purchase agreement is concluded with DS-Zukancic GmbH.

By placing products in the online shop, we provide a binding offer for the conclusion of a contract for this article. You can initially place our products in your shopping cart and correct your information at any time before sending your binding order by using the correction aids explained in and designated for the order process. The contract is concluded by clicking on the order button to accept the offer for the goods contained in the shopping cart. Directly after sending the order, you will receive a confirmation by email.

3. Contract language, contract text storage

The languages available for the conclusion of the contract are German and English.

We save the contract text and send you the order data and our terms and conditions in text form. You can see the contract text in our customer login.

4. Delivery terms

In addition to the stated product prices shipping costs may still apply. More details on any shipping costs can be found at the offers.

224/5000 You have the option of picking up at DS-Zukancic GmbH, Daimlerstrasse 7, 89275 Elchingen, Germany during the following business hours: Mon-Fri 08:00-12:00 hrs. Additionally Mon-Thu 13:00-18:00 hrs

5. Payment

The following payment methods are available to you in our shop:

Advance payment

When choosing the payment type prepayment we give you our bank details in a separate email and deliver the goods after receipt of payment.

Cash on Delivery

You pay the purchase price directly at the delivery company. There are plus 10.00 Euros as a cost.

Credit card

When placing the order, you provide your credit card details and the credit card company performs an authorization check. After your legitimacy as a legitimate cardholder, the payment transaction will automatically be completed and your card will be charged.

PayPal, PayPal Express

In the ordering process you are transferred to the website of the online provider Paypal. To pay the invoice amount by PayPal you must be registered with them, or must register first, enter your access data and confirm the payment to us. After placing the order in the shop we ask PayPal to initiate the payment transaction. The payment transaction is then automatically carried out by PayPal. You will receive further information during the order process.

Cash on pickup

You pay the invoice amount when picking up goods.

6. Withdrawal

Consumers are entitled to the statutory right of revocation, as described in the revocation. Entrepreneurs are not granted a voluntary right of withdrawal.

7. Reservation of Ownership

The merchandise remains our property until complete payment has been made.
For entrepreneurs applies in addition: We reserve the ownership of the goods until the complete settlement of all claims from an ongoing business relationship. You may resell the reserved goods in ordinary business; All claims resulting from this resale shall be assigned to us in advance – irrespective of any combination or mixing of the goods subject to retention of title with a new item – and we accept this assignment. You remain entitled to collect the claims, but we may also collect claims yourself, as far as you do not meet your payment obligations.

8. Transport damages

For consumers applies: If goods are delivered with obvious transport damage, so please complain such errors, if possible immediately to the deliverer and please contact us immediately. The omission of a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, it helps us to assert our own claims against the carrier or the transport insurance.

For entrepreneurs: The risk of accidental loss and accidental deterioration is transferred to you as soon as we have delivered the matter to the carrier, the carrier or the person or institution otherwise intended to carry out the shipment. For merchants, the duty to inspect and to reprimand, which is regulated in § 377 HGB, applies. If you refrain from doing so, the goods are deemed to have been approved unless they are defects that were not identifiable during the inspection. This does not apply if we have fraudulently concealed a defect.

9. Warranty and guarantees

Unless expressly agreed otherwise below, the statutory right to liability applies to the law.

When buying used goods by consumers applies: if the defect occurs after one year from delivery of the goods, the claims for defects are excluded. Defects that occur within one year from delivery of the goods can be asserted within the statutory limitation period of two years from the delivery of the goods.

For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the passing of risk. The sale of used goods is under exclusion of any warranty. The statutory limitation periods for the recourse claim under § 445a BGB remain unaffected.
With regard to entrepreneurs, the only agreement that applies to the condition of the goods is our own details and the manufacturer’s product descriptions that were included in the contract; We accept no liability for public statements made by the manufacturer or other advertising statements.

If the delivered item is defective, we provide to companies, at our discretion by eliminating the defect (repair) or by delivering a defect-free item (replacement).

The above restrictions and time limits do not apply to claims caused by damage caused by us, our legal representatives or vicarious agents

  • In the event of injury to life, body or health
  • in case of intentional or grossly negligent breach of duty as well as malice
  • in case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner may regularly rely (cardinal obligations)
  • as part of a guarantee promise, as far as agreed
  • as far as the scope of application of the Product Liability Act is opened.

Information on any applicable legal guarantees and their exact conditions can be found in the product and on special information pages in the online shop.

10. Liability

We are always liable without limitation for claims due to damages caused by us, our legal representatives or vicarious agents

  • In the event of injury to life, body or health
  • in case of intentional or grossly negligent breach of duty
  • with guarantee promise, as far as agreed, or
  • as far as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract and (contractual) obligations by ordinary negligence of us, our legal representatives or vicarious agents, the liability shall be limited to the amount foreseeable at the time the contract was concluded Damage limited, which typically has to be expected.

Incidentally, claims for damages are excluded.

11. Dispute settlement

The European Commission provides an online dispute resolution (OS) platform that you can find here. We are not obliged or prepared to participate in a dispute resolution procedure before a consumer arbitration board.

12. Final clause

If you are an entrepreneur, then German law applies excluding the UN sales law.

If you are a merchant within the meaning of the Commercial Code, legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.

Terms Conditions created by the Trusted Shops law copywriter in cooperation with Wilde Beuger Solmecke lawyers.