1.1 These General Terms and Conditions (hereinafter “GTC”) of ZEMUYE (hereinafter referred to as “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the seller regarding the goods presented by the seller in his online shop. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.
2) Conclusion of the contract
2.1 The product descriptions contained in the online shop of the seller do not constitute binding offers by the seller, but serve to make a binding offer by the customer.
2.2 The customer may submit the offer via the online order form integrated into the online shop of the seller. In this case, after the customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart.
2.3 By clicking on the “buy now” button, the customer submits a binding order for the items in the shopping cart. The seller confirms receipt of the order directly to the buyer by e-mail after sending the order. A binding contract is concluded upon receipt of the order confirmation. It should be noted that the delivery of the ordered goods takes place as soon as the payment of the full purchase price as well as any shipping costs has been received by the seller.
2.4 Exceptionally, the seller is not obliged to deliver the ordered goods if the goods have been properly ordered by the seller but have not been delivered correctly or on time (congruent hedging transaction). A further requirement is that the seller is not responsible for the lack of availability of goods and informs the customer of this fact immediately. In addition, the seller must not have assumed the risk of obtaining the ordered goods. If the goods are unavailable, the seller will immediately reimburse the buyer for payments already made.
2.5 About the delivery time you will be informed on the respective product detail page and before placing the order.
2.6 For the conclusion of the contract, the German language is available.
2.7 The order processing and contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address specified by him for the order processing is correct, so that at this address the e-mails sent by the seller can be received. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
3.1 Consumers are in principle entitled to a right of withdrawal.
3.2 Further information on the right of revocation result from the cancellation policy of the seller.
4) Prices, shipping costs and payment terms
4.1 The prices listed in the offer at the time of the order apply. The prices quoted are final prices, that is, they include the respectively valid German VAT. Until the full payment of the purchase price, the goods remain the property of the seller.
4.2 The shipping costs can be found in the shipping conditions.
4.3 Basically, the seller offers the payment methods Sofort Bank Transfer, Credit Card and Paypal. The seller reserves with each order, not to offer certain payment methods and refer to other payment methods.
4.4 The customer agrees to receive invoices and credit notes exclusively in electronic form.
5) Delivery and shipping conditions
5.1 The delivery of goods is made by mail to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive. Notwithstanding this, when choosing the payment method PayPal, the delivery address deposited by PayPal at the time of payment is decisive.
5.2 Your E-Mail data is passed on to the selected shipping service provider in accordance with Art. 6 para. 1 p. 1 lit. a DSGVO, so they can contact you for the purpose of the delivery announcement or agreement.
5.3 If the transport company sends the goods back to the seller, because a delivery to the customer was not possible, the customer bears the cost of unsuccessful shipping. This does not apply if the customer exercises his right of withdrawal effectively, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the seller to him had announced the performance a reasonable time previously.
5.4 Pickup is not possible for logistical reasons.
6) Retention of title
If the seller in advance, he reserves the right to the ownership of the delivered goods until full payment of the purchase price owed.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 The customer is requested to complain to the deliverer of delivered goods with obvious transport damage and to inform the seller thereof. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
8) Applicable law
For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
If the customer acts as a merchant, legal entity under public law or special fund under public law domiciled in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer is located outside the territory of the Federal Republic of Germany, the place of business of the seller is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer’s professional or commercial activity. However, in the above cases, the seller is in any case entitled to call the court at the customer’s place of business.
10) Alternative Dispute Resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odrThis platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
10.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.