General Terms and Conditions
§ 1 GENERAL INFORMATION
(1) These General Terms and Conditions (hereinafter: “GTC”) of
ZEAL CYCLING B.V.
Email: info AT zeal-cycling DOT com
Board: Roland ten Brinke, Daniel Bley
Chamber of commerce#: 66055504
(hereinafter “ZEAL”) apply to all orders placed in the Online-Shop at https://www.zeal-cycling.com [or .de/.nl/.cc] (hereinafter “Online-Shop”). During the order process the customer has the possibility to view, print and store (in a reproducible form) the GTC. The currently applicable version of the GTC can, in addition, be accessed and downloaded at http://www.zeal-cycling.com/pages/general-terms-and-conditions
(2) All the agreements reached between ZEAL and the customer in connection with an order are stipulated in the mutual contract of sale, GTC and order confirmation from ZEAL (cf. § 3 para. (2) of these GTC). The customer declares, when placing his order, his acceptance of the validity of the current GTC. Any other GTC in the possession of the customer are not part of the contract of sale. The wording of the contract is stored by ZEAL, but may not, for security reasons, be accessed by the customer after the order process has been completed. The customer has, however, the right to print out the applicable website during the order process by using the print function in his browser. Registered customers with a user account may, in addition, within their user accounts, (“Your Account”) view, amend and save personal data such as contact data and track the status of their orders.
(3) The contractual language is Dutch.
§ 2 Range of products
(1) The product range offered by ZEAL at https://www.zeal-cycling.com is aimed exclusively at all natural persons with unlimited legal capacity as well as legal persons. Persons with no or limited legal capacity are only authorised to avail themselves of the ZEAL product range after having received prior concurrence and agreement from their legal representatives.
(2) Images in the Online-Shop serve merely to present any particular product in the ZEAL range and do not represent a legally binding offer from ZEAL. ZEAL reserves the right to make changes and accepts no liability whatsoever for any errors in this respect.
§ 3 Conclusion of contract
(1) The order process is opened when the customer places the products presented in the Online-Shop into the virtual “basket” and then proceeds to the virtual “check-out”. By clicking on the button “buy” the customer initiates, within the framework of the order process, the placing of an order and thereby concludes a binding contract of sale with ZEAL with regard to those products which have been placed in the basket. Data which have been entered into the system by the customer may be amended up until the conclusion of the order process by using the buttons “edit” and “delete“, which are integrated into the order process.
(2) The customer is sent immediate confirmation upon receipt of an order (hereinafter “order confirmation”). The order confirmation as such does not represent a legally binding acceptance of any order by ZEAL, but merely serves to inform the customer that an order has been correctly placed with ZEAL. However an order confirmation can be associated with a contractual declaration of acceptance (cf. § 3 para. (3) of these GTC).
(3) The acceptance of an order, and with it a contract of sale cannot be concluded until (i) an explicit contractual declaration of acceptance has been sent to the customer (hereinafter “order confirmation”), (ii) the goods have been dispatched and the customer has been informed thereof (hereinafter “confirmation of dispatch”) or (iii) in the event that the customer is required to make payment (e.g. advance payment or direct bank transfer). In the event that several of the aforementioned alternatives (i) to (iii) exist, the contract of sale comes into effect at that point in time at which the first one occurs. ZEAL is required to confirm its contractual declaration of acceptance within three working days following the receipt of order.
§ 4 Right of withdrawal
Besides the statutory right of withdrawal, of which we will inform you separately, we voluntary provide for our customers a 30 day return policy. The 30 day period starts once the customer receives the goods and is complied with by return of the goods to us within 30 days. The statutory revocation right remains unaffected.
§ 5 Product prices, forwarding charges and accepted methods of payment
(1) All prices include current VAT charges and exclude any relevant forwarding charges as well as any other costs which may be incurred due to the selected method of payment. For goods ordered via our Online-Shop, the prices valid on the day the order is placed are legally binding. The prices are explicitly indicated during the entire order process. In addition, the customer is informed about the costs incurred for forwarding.
(2) Forwarding charges. We offer free shipping of wheels worldwide. Shipping fees for other orders will be calculated and displayed at the check out.
(3) ZEAL accepts payments via credit card (Mastercard and Visa), PayPal and advance payment via bank transfer. In particular countries, additional methods of payment are offered:
Germany: SOFORT Überweisung
The Netherlands: iDeal
ZEAL reserves the right to add other methods of payment.
§ 6 Due dates for payment and order processing
(1) Invoiced amounts from ZEAL to the customer are generally payable, subject to any contrary provisions in these GTC, immediately and in full upon conclusion of the contract of sale.
(4) The customer may also use the payment method Immediate Bank Transfer offered by the SOFORT GmbH, Fußbergstr. 1, 82131 Gauting. Basically every Internet user can make use of this method of payment, provided that he has an activated online-banking account that supports the PIN/TAN system. The customer is required to note that some banks still do not offer this service to their customers. If the immediate bank transfer system is used, ZEAL receives payment at once, which considerably speeds up the order process (dispatch immediately follows receipt of payment). In order to use this method of payment, the customer merely requires the account number, the bank sort code number and the PIN/TAN. Sofort GmbH provides a secure payment system and automatically debits the customer’s account. The invoice amount is then immediately transferred to Zeal’s bank account. This service is free for the customer, except for the normal online-banking charges the customer incurs from his bank.
(5) Invoices, credits and, if necessary, reminders are sent to the customer exclusively electronically via e-mail.
§ 7 Compensation and right of retention
(1) The customer is only entitled to set off any counter claims if those counter claims which he wishes to offset are from the same contract of sale, are recognised by declaratory judgement, and are recognised and undisputed by ZEAL.
(2) Rights of retention can only be asserted by the customer if the counter claim refers to the same contract of sale.
§ 8 Right of ownership
The goods remain the property of ZEAL until full payment has been received.
§ 9 Delivery
(1) All details given about delivery times are estimated delivery times. If the goods are sent as a package, the delivery period is 5 working days following receipt of payment, unless otherwise indicated in the Online-Shop.
(2) Ordered goods are delivered either by ZEAL or by an authorised Third Party to an address indicated by the customer.
(3) ZEAL shall inform the customer without delay about goods which are not in stock and the resulting delays in delivery time. In such cases ZEAL is authorised to make partial deliveries as long as this is reasonable to the customer. Any additional forwarding charges incurred resulting from multiple deliveries are to be met by ZEAL. The customer’s statutory rights are not affected by this provision.
(4) In the event that ZEAL, through no fault of its own, is unable to deliver goods because Zeal’s supplier has not fulfilled its contractual obligations to ZEAL, or the ordered goods are not available for a period of at least one month due to an act of God, ZEAL may withdraw from the contract of sale. ZEAL shall inform the customer without delay in the event of problems with delivery. In the event that ZEAL withdraws from a contract of sale, ZEAL will immediately refund any payments which have been made by the customer. The customer’s further statutory rights remain unaffected by this provision.
§ 10 Statutory warranty, Guarantees and customer service
(1) The statutory warranty provisions currently in place shall apply. If the delivered goods are defective, the customer’s rights provided for under the current statutory regulations shall apply whereby his rights in this regard are initially restricted to supplementary performance from which he can elect either to have the defects remedied or flawless goods delivered. ZEAL may, however, reject the chosen type of supplementary performance if ZEAL would incur considerable additional cost arising from that supplementary performance. If the supplementary performance, to which the customer is entitled, is unsuccessful or unacceptable to him, then the customer is entitled to reduce the price of the goods accordingly, to withdraw from the contract in the event that the goods are slightly damaged and/or make a claim for compensation.
(2) In the event that the customer, or a Third Party named by him, attempts to repair the defective goods himself, and this results in further or greater damage to the goods, the liability of ZEAL for the defective goods shall be void.
(3) Any additional product guarantees offered by ZEAL do not in any way affect the customer’s statutory warranty rights.
(4) Zeal’s customer service can be reached at the following contact address:
ZEAL CYCLING B.V.
Email: info AT zeal-cycling DOT com
Skype: ZEAL Cycling
§ 11 Copyright and industrial property rights
(1) The content of the ZEAL website at http://www.zeal-cycling.com, and in particular written texts, images, photographs, pictures, moving images, sound recordings and software (hereinafter “content”) are the intellectual property of ZEAL and its licensees or content providers as long as no copyrights of Third Parties exist. Any reproduction, editing, translations and other adaptation of content, including the use of content on other platforms such as on www.ebay.de is not permitted.
(2) Listed trademarks and brand names are the intellectual property of the relevant owners.
§ 12 Liability
(1) ZEAL is liable in accordance with the current statutory provisions, as long as liability is not excluded due to the following provisions.
(2) ZEAL shall not be liable for minor breaches of duty, as long as claims resulting from loss of life, bodily harm, and injury or illness, or rights provided for in the Product Liability Act are not infringed. Further, Zeal’s liability for breaches of duty arising from the due performance of its contractual obligations, and whose fulfilment of and compliance with the customer may reasonably expect, shall remain unaffected.
(3) The provisions in § 13 are also valid for breaches of duty committed by vicarious agents of ZEAL.
§ 13 Data protection
(1) All personal data disclosed by the customer to ZEAL (for example, form of address, name address, e-mail address) will be collected, processed and stored exclusively in accordance with the regulations pertaining to German data protection law.
(2) ZEAL uses the data provided by the customer for the purpose of execution and fulfilment of the order. The personal details of the customer are passed on to the forwarding agent that has been authorised to make delivery, as far as this is necessary to effect delivery of the goods. In order to process customer payments ZEAL passes on the customer’s details to Zeal’s own bank or payment service provider.
(3) ZEAL provides further detailed information on data protection at https://www.zeal-cycling.com.
§ 14 Concluding provisions
(1) These GTC are governed exclusively by Dutch law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. If the customer is a resident of another state of the European Union, it may occur that the law of that state is applicable, in the event that it concerns mandatory consumer protection related provisions.
(2) Should any provisions set forth in these GTC be, or become, invalid, the remaining provisions shall remain unaffected.