General terms and conditions of business
Contractual basis
The subject of the General Terms and Conditions is the regulation of the contractual conditions for all contracts between Wilhelm-Schweizer Zinnmanufaktur GmbH, hereinafter referred to as WSZ, and the user of the online shop that are concluded via the online shop as well as contracts that are otherwise concluded by telephone. The acceptance and execution of orders for our products takes place exclusively in accordance with these General Terms and Conditions. Deviations from the General Terms and Conditions as well as verbal agreements are only valid after express written confirmation by WSZ. Without written confirmation, these are ineffective for WSZ even if WSZ does not expressly object. Automatically generated emails do not constitute confirmation of any deviations from the General Terms and Conditions.
Conclusion of the contract
By submitting the order by clicking on the corresponding button, the user declares to WSZ that he or she wishes to purchase the contents of the shopping cart. After submitting the order, the customer receives an automatically generated confirmation of receipt of the order. This confirmation does not constitute the conclusion of a contract. The purchase contract is concluded by a separate written order confirmation in text form or delivery of the ordered goods.
Delivery offer
WSZ's offers are subject to change. We reserve the right to make printing errors, mistakes, changes in design or changes resulting from technical changes made by our suppliers, as well as prior sale.
Order
Orders must be placed by specifying the article number and in accordance with the minimum quantities and delivery units. If the article number is missing, the delivery time may be significantly longer.
The current prices that can be accessed via www.zinnfiguren.de and are listed on the homepage for the respective article are decisive. Prices used by the customer that are not in line with these are only valid if they are confirmed in writing by WSZ; delivery does not count as acceptance on the basis of the price used. In the case of special offers, we are only bound to the prices stated for the period of validity stated in the offer. Price changes for the items offered in our shop can occur without prior notice.
If an order for several items only partially meets the above requirements, WSZ is entitled to execute the order only to this extent.
Information obligations
The buyer/user is obliged to provide truthful information when placing an order. If the customer's data changes, in particular name, address, email address and, if paying by direct debit, account details, these must be reported to WSZ immediately. For registered customers (customer account), the information is changed in the customer area of the online shop.
If the user/customer fails to provide this information or provides incorrect data, WSZ may withdraw from the contract if a contract has been concluded. The notice may also be given in text form.
The customer must ensure that the email account he has provided is accessible from the time of provision and that receipt of email messages is not prevented due to forwarding, deactivation or overfilling of the email account.
The information is presumed to be incorrect if an email addressed to the user is returned three times in a row or if the service cannot be provided due to an incorrect address. The user will bear any costs incurred in this case.
Prices
Prices are calculated based on the prices applicable on the day the contract is concluded plus the costs for packaging, shipping and insurance. Errors excepted.
Special offers are only valid for the period specified if this is specified for a special offer and while stocks last. If the ordered goods have been sold out in the meantime, there is no legal claim to the goods or a replacement.
Quantity discounts, tiered prices or other price reductions only apply to the individual order.
VAT-free delivery is only possible to non-European countries or after providing a valid VAT identification number with all the necessary data that entitles the purchaser to receive the goods without VAT. The user is responsible for ensuring that this information is correct. Otherwise, delivery is inclusive of VAT.
Delivery, provision of services, shipping costs
The shipping costs depend on the size and weight of the package and the shipping method and can be viewed at www.zinnfiguren.de or requested from WSZ. In particular, higher prices apply for cash on delivery, bulky goods and packages over 20 kg, or some shipping methods can no longer be carried out.
For small items and low goods value, it is possible to send goods by letter. If there is no express customer request against this shipping method, WSZ will decide on a case-by-case basis whether this option will be used.
The delivery times are only binding if we confirm them as such in writing. A binding delivery period is extended as long as the delivery is delayed due to circumstances for which WSZ is not responsible. If no delivery period is agreed, WSZ can exclude items that are currently unavailable from the contract or keep them as backorders. Such backorders will either be delivered with later orders or separately.
Reservation of self-delivery
We are not responsible for timely delivery by our suppliers. If certain items are no longer available from our suppliers or their prices have increased, WSZ can withdraw from the contract without WSZ being obliged to pay compensation for damages or expenses. In the event that the contractual service is not available, WSZ reserves the right to provide a service (goods or services) of equivalent quality and price.
Payment
WSZ offers various payment options. The due date depends on the respective payment method. In rare cases, after consultation with WSZ, delivery is made against open account; in this case, the invoice amount is due no later than 10 working days after the invoice is issued.
Cash on delivery:
When sending cash on delivery, the cash on delivery amount must be paid to the postal delivery service. The recipient must ensure that the package is accepted. For cash on delivery shipments that are not accepted, the customer will be charged for the costs incurred. WSZ reserves the right to only deliver to customers who have had problems in this regard against advance payment or PayPal.
Payment in advance:
After receipt of the order, the customer receives an advance invoice. The goods will be dispatched at the earliest after the payment amount has been credited to the specified account by WSZ. If there are any changes to the availability or purchase price of the supplier between the order and receipt of payment, WSZ is entitled to withdraw from the contract in whole or in part. The customer will receive a credit or the money back and has no right to the return of the goods.
Payment via PayPal:
After the order has been received, the customer receives an advance invoice with a link to make the payment. The goods will be dispatched at the earliest after the payment amount has been credited to the WSZ PayPal account. If there are any changes to the availability of the goods between the order and the receipt of payment, WSZ is entitled to withdraw from the contract in whole or in part. The customer will receive a credit or the money back and has no right to the return of the goods.
Payment by direct debit:
This payment method is only available to known customers. If the invoice amount is over EUR 200, WSZ reserves the right to request a different payment method.
The customer provides his bank details when ordering or afterwards. WSZ usually debits the account provided on the day the goods are dispatched, in exceptional cases a few days after dispatch. The customer must ensure that the account has sufficient funds. The customer is responsible for any return charges that arise due to chargebacks, non-payment or incorrect bank details. The customer receives an invoice for the costs incurred and must pay these immediately. MHM reserves the right to only deliver to customers who have had problems in this regard against advance payment or PayPal.
Complaints, Warranty
General:
Obvious defects must be reported within 2 weeks of receipt of the shipment; the notification must be made in writing, specifying the exact nature of the defects.
Returns:
They may only be made after written agreement with WSZ, unless the return concerns goods that were not ordered or are faulty.
In general, returns are free of charge or we will send you a return parcel label.
The costs for returns of repairs that were caused by the customer's own fault are borne by the customer.
The manufacturer's usual statutory warranty claims or periods apply to all items. Defective parts can be returned to us as part of the manufacturer's warranty. The customer's warranty claims are limited to the free replacement of defective parts, provided that the customer is not at fault.
Transport damage:
Before accepting damaged shipments, but also if damage is apparent after acceptance during unpacking, a report must be drawn up with the assistance of the carrier. The prerequisite for compensation is the submission of this report together with all declarations and original documents required for assertion (invoice, delivery note). A written declaration of assignment of damage and an affidavit of the damage incurred must be submitted.
WSZ is not liable for errors caused by the customer. This also applies to normal wear and tear. The customer's right to cancel remains unaffected.
Reservations
The delivered goods remain the property of WSZ until all claims arising from the business relationship with the customer have been paid in full. The inclusion of individual claims in a current invoice as well as the drawing of a balance and its recognition do not affect the retention of title. Payment is deemed to have been made when the equivalent amount is received by WSZ.
The customer hereby assigns any claims arising from the resale of the reserved goods to WSZ and WSZ accepts this assignment. The customer remains entitled to collect the claim until revoked. However, he is not permitted to pledge or transfer the goods as security. The customer undertakes to secure the reserved goods against the risk of destruction or loss.
Liability
WSZ is liable for intent and gross negligence of its employees, legal representatives and senior managers.
Any claims for compensation due to personal injury or under the Product Liability Act remain unaffected.
The above provisions also apply to vicarious agents provided by WSZ.
We cannot accept liability or liability for any consequential damages arising from the handling of our products, as we are unable to monitor their proper use.
Right of withdrawal
Cancellation policy for consumers
(Consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either his or her commercial or independent professional activity)
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Right of withdrawal
You can revoke your contractual declaration within 14 days without giving reasons in text form (e.g. letter, fax, email) or - if the item is handed over to you before the deadline expires - by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our information obligations in accordance with Article 246 § 2 in conjunction with § 1 paragraphs 1 and 2 EGBGB and our obligations in accordance with § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. To comply with the cancellation period, it is sufficient to send the cancellation or the item in good time.
Revocation should be addressed to:
Wilhelm-Schweizer Zinnmanufaktur GmbH
Herrenstrasse 7
86911 Diessen
Germany
Fax: 08807-24445-99
Email: info@zinnfiguren.de
Consequences of revocation
In the event of an effective cancellation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If you are unable to return or surrender the service received and benefits (e.g. benefits of use) to us, or only partially or in a deteriorated condition, you must pay us compensation for the loss in value. You only have to pay us compensation for the loss in value of the item and for any benefits derived if the use or deterioration is due to handling of the item that goes beyond checking its properties and functionality. “Checking the properties and functionality” means testing and trying out the respective goods, as is possible and usual in a store, for example. Items that can be sent by parcel must be returned at our risk. You must bear the regular costs of return if the goods delivered correspond to those ordered and if the price of the item to be returned does not exceed 40 euros or if, in the case of a higher price of the item, you have not yet paid the consideration or a contractually agreed partial payment at the time of cancellation. Otherwise, the return is free of charge for you. Items that cannot be sent by parcel will be picked up from you. Obligations to reimburse payments must be fulfilled within 30 days. For you, the period begins when you send your cancellation notice or the item, and for us when we receive it.
Exclusion of the right of withdrawal
The right of withdrawal does not apply, among other things, to contracts for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs or that, due to their nature, are not suitable for return or can spoil quickly or whose expiry date would be exceeded, for the delivery of audio or video recordings or software, provided that the data carriers delivered have been unsealed by you, and for the delivery of newspapers, magazines and illustrated magazines (unless you have made your contractual declaration for the delivery of newspapers, magazines and illustrated magazines by telephone).
End of the cancellation policy
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Please note:
If possible, please do not send the goods back to us carriage forward, but as a prepaid package. We will also be happy to reimburse you for the postage costs in advance if we have to bear the return costs.
Please avoid damaging or contaminating the goods. If possible, please send the goods back to us in their original packaging with all accessories and packaging components. If you no longer have the original packaging, please ensure that you use suitable packaging to avoid transport damage.
The above modalities are not a prerequisite for the effective exercise of the right of withdrawal.
Technical specifications - individual weights
Product Notice:
Depending on the product, we use either the Sn95Sb4Cu1 or Sn55Pb39Sb6 alloy. These products are not suitable for children and are not considered toys. They are collectible and decorative items intended for adult use and display only.
Customer account
The user is obliged to keep the user ID and password safe, to protect them from loss and to make them inaccessible to third parties. If the password is lost, the user is obliged to inform WSZ immediately so that access can be blocked. The blocking will only be lifted following a written request from the user. If a third party has obtained knowledge of the user ID and/or password due to careless handling of the password, the user is liable for the full amount of orders placed under this login until the time of receipt of the loss report.
Severability clause
Should any provision of this agreement be invalid in whole or in part or should it subsequently lose its legal effect, this shall not affect the validity of the remaining provisions.
The statutory provisions shall apply in place of the invalid provision.
Jurisdiction
The agreed place of jurisdiction is the Augsburg District Court. Registered at the Augsburg District Court in the commercial register no. HRB 9882.