Serviceline: + 49 (0) 89 / 452 455 217
Individual production
14 days right of return
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Standard Terms of Business
Zweinullvier Werbeagentur GmbH
Drygalski-Allee 25
81477 München
Tel.: +49 (0)89 452 455 217
Fax: +49 (0)89 452 455 181
All goods and services connected with the Internet shop (“Shop”) run by zweinullvier Werbeagentur GmbH (“ZWEINULLVIER”) are provided exclusively on the following terms and conditions. Any arrangements diverging from these Standard Terms of Business shall apply only if confirmed in writing by ZWEINULLVIER.
The contractual partners are the respective end consumer (“Customer”), and
Zweinullvier Werbeagentur GmbH
Drygalski-Allee 25
81477 München
Trade register no. HRB 144484, Munich Municipal Court
General manager: Thomas Sassenbach
Conclusion of Contract
Quotations made by ZWEINULLVIER are without obligation. A contractual relationship is brought about between the Customer and ZWEINULLVIER on the Customer placing an order and the goods being supplied by ZWEINULLVIER.
After checking and confirming the details of the order, and after entering and checking the relevant personal particulars (including the billing address, and credit card details where applicable), the Customer places the order by clicking on the button "Send order" (“offer to conclude a contract”). The Customer is sent confirmation of his order by email, provided he has given a valid email address. The order confirmation does not constitute acceptance of the Customer’s offer to conclude a contract. Acceptance of the Customer’s offer to conclude a contract is effected solely by supplying the goods ordered; this may take place up to 4 weeks after receipt of the order, whereby the date of consignment is decisive.
The Customer is under obligation to remit the total amount due for his order (including shipping and handling) to ZWEINULLVIER’s bank account specified on the order or on the confirmation of order, quoting the reference number likewise given there. The goods are not dispatched until the total amount payable has been received in full in ZWEINULLVIER’s bank account. Payments may be made by bank transfer, or alternatively by direct debit (in Germany only) if the Customer so chooses.
Terms of Delivery
Carriage is done by a forwarder selected by ZWEINULLVIER. For each unit dispatched, shipping and handling costs are charged at the flat rate given in the respective order. Deliveries are only made in normal household quantities.
As a rule, the goods ordered are delivered ten (10) to fourteen (14) working days after receipt of payment. Any delivery times indicated are without obligation. Wherever possible, the entire order will be delivered in a single consignment; if this cannot be done, ZWEINULLVIER will assume the extra costs. If any article ordered is not in stock, dispatch may be delayed by a few days in an attempt to deliver the entire order to the Customer in a single consignment.
In the event of delivery delays due to force majeure, government intervention, natural disasters, war, revolt, strikes at our own works or at suppliers or forwarders, or due to any other circumstances that are beyond ZWEINULLVIER’s control, ZWEINULLVIER shall be released from its delivery obligation for the duration of the delay, and entitled to effect later delivery after the cause of the delay has ceased.
If the Customer refuses to accept a delivery without having opened or inspected it, then we shall charge him the costs for delivery and return. This shall not affect any further claims by ZWEINULLVIER.
In the event of the goods ordered by the Customer not being available, we reserve the right to refuse to discharge the order. In any such case we shall notify the Customer, and any payments already received shall be transferred back to the bank account of which we are given the details.
Prices, Terms of Payment
The prices apply which are published in the Shop under The prices include standard packaging of the goods being dispatched, as normally used in trading, and statutory turnover tax at the rate in force at the time. The shipping costs indicated in the order are charged as a separate item.
Retention of Title
Title to the goods shall not pass to the Customer until the goods have been paid for in full (including shipping and handling costs) and the period for returns specified in Item 6 below has expired without any goods having been sent back.
Sale or Return
Instructions on Returning Goods Within a period of two weeks, Customers who are consumers within the meaning of Civil Code [BGB"> Sect. 13 may send back any goods received, without stating the reasons. The period allowed shall commence at the earliest on receipt by the Customer of the goods and these instructions.
Since the goods cannot readily be sent by parcel post, the deadline shall be deemed met provided a written request for the goods to be returned is sent in good time to the following address:
Zweinullvier Werbeagentur GmbH
Drygalski-Allee 25
81477 München
Tel.: +49 (0)89 452 455 217
Fax: +49 (0)89 452 455 181
ZWEINULLVIER will then contact the Customer to make further arrangements for returning the goods.
Actually sending goods back can only be done via the courier who has delivered them. ZWEINULLVIER does not assume any costs for the return shipment. Goods cannot be returned using Deutsche Post. The address where returns are accepted is:
Zweinullvier Werbeagentur GmbH
Drygalski-Allee 25
81477 München
The right of sale or return does not cover goods made to the Customer’s specifications, or ordered at the Customer’s express request after ZWEINULLVIER has drawn attention to this, or otherwise evidently tailored to the Customer’s individual needs.
Consequences of Sending Goods Back
If the Customer effectively exercises his right to send back goods, each party must return to the other any performance already received, and any benefits enjoyed (e.g. advantages of use) must be surrendered. If the goods have deteriorated, compensation for the loss of value may be demanded. This does not apply if the deterioration of the goods is solely due to their having been inspected, such as the Customer might do on a shop location. Incidentally, the Customer may avoid having to afford compensation for any loss of value by not putting the goods to use as if he already owned them, and by refraining from doing anything impairing their value (in particular cutting, bending or otherwise damaging them). If the Customer exercises his right to send back goods, the purchase contract shall lapse.
If goods are sent back, the parcel must be clearly labelled “Return” and a copy of the invoice must be enclosed, along with details of the bank account to which the value of the goods is to be credited.
ZWEINULLVIER does not assume any costs for the return shipment. The costs for installing and removing the goods and for any other services requested from ZWEINULLVIER by the Customer in connection with the goods shall not be refunded.
Our guarantee is governed by statutory regulations. If any defects in the goods supplied emerge during the statutory guarantee period, ZWEINULLVIER shall be entitled to post-perform by either eliminating the defect or by delivering a new item in perfect condition. If it chooses to eliminate the defect, ZWEINULLVIER shall be under obligation to pay all the expenses thus incurred, in particular the costs for transport, travel, labour and materials, insofar as these costs are not increased due to the goods having been taken to a location other than the place of performance. If post-performance fails twice or is not possible within a reasonable period, the Customer shall be entitled to demand a reduction in the purchase price or to withdraw from the contract.
If a substitute delivery is made by way of post-performance, the Customer shall be under obligation to return to ZWEINULLVIER at the latter’s expense the goods that were originally supplied. In all other respects, statutory regulations shall apply to goods sent back.
ZWEINULLVIER expressly draws attention to the fact that the Customer bears sole responsibility for the goods being used in a permissible manner. The Customer is responsible for clarifying whether any approvals or permits from third parties (e.g. government authorities, landlords, etc.) are required for putting the goods to use.
In the event of the Customer asserting claims for damages that are based on intent or gross negligence, including intent and gross negligence on the part of ZWEINULLVIER’s representatives or vicarious agents, ZWEINULLVIER’s liability shall be governed by statutory regulations.
Unless ZWEINULLVIER is guilty of a deliberate breach of contract, its liability for damages shall be limited to the foreseeable damage typically occurring. In cases of a negligent breach of cardinal duty, its liability for damages shall likewise be limited to the foreseeable damage typically occurring.
Liability for culpable injury to life or limb or damage to health shall remain unaffected. This also applies to compulsory liability under product liability law, and in cases where a guarantee of quality has been assumed or a defect has been fraudulently concealed, as laid down in Civil Code [BGB"> Sect. 444.
ZWEINULLVIER’s liability is excluded unless otherwise specified above.
The period of limitation is 24 months as from the date of delivery.
Design Requests
If items are ordered to a requested design as shown on a photograph provided by the Customer, the Customer guarantees that manufacture and processing – as well as any other performance by ZWEINULLVIER in connection with discharging the order concerned and relating to the photographs provided – do not infringe any third-party rights, in particular droit moral, trademark rights, copyrights and ancillary copyrights. The Customer bears solely liability to the effect that no third-party rights are infringed either by the photographs provided or by their use as a billboard, and the Customer shall release and discharge ZWEINULLVIER on first demand from all and any third-party claims (including related costs, such as legal fees and third-party claims for damages).
The Customer declares that he agrees to ZWEINULLVIER archiving any photographs provided and any manufactured materials based on them. Until such time as he revokes this in writing, the Customer also declares that he agrees to ZWEINULLVIER displaying any photographs supplied on its website or in other presentation documents, whereby credit rights shall not apply. However, at its own option ZWEINULLVIER shall be entitled to name the customer concerned.
Non-Disclosure, Data Protection
Personal data is collected from our Customers solely in accordance with the statutory regulations laid down in the Federal Data Protection Act [BDSG"> and the Teleservices Act [TMG">. Data required for handling transactions is stored; specifically, this includes the data entered by the Customer when placing an order, and the Customer’s IP address transmitted by the provider. Even after termination of the business relationship, each party to the contract shall keep secret the other party’s business and trade secrets coming to its notice during the business relationship. When using any personal data becoming known to it by reason of its business relationship with the Customer, ZWEINULLVIER shall comply with the provisions of the Federal Data Protection Act.
Without the Customer’s express revocable consent, ZWEINULLVIER shall not disclose to third parties the Customer’s personal data, including his postal address and email address. Excluded here are our service partners who need the data in order to process the order (e.g. the forwarder commissioned to make the delivery, and the credit institution instructed to handle payment). In these cases however, the scope of the data provided shall be limited to the minimum required for performing the service concerned.
German law shall apply, excluding CISG. For contracts with registered merchants, Munich shall be place of performance and exclusive venue. Venue shall likewise be Munich if, at the time when action is brought, the Customer’s domicile or normal place of abode is not known, or if the Customer is not (or no longer) resident in Germany. If any provisions of these Standard Terms of Business or of the contract concluded with the Customer are ineffective in whole or in part, this shall not affect the validity of the remaining contract. social Bookmarks:
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