General Terms and Conditions
The following provisions govern the terms and conditions of purchase agreements concluded via this online shop between Zwiesel Fortessa AG, Dr.-Schott-Str. 35, 94227 Zwiesel, Germany, and the respective purchaser.
§ 1 Scope of Application, Definitions
1. The following General Terms and Conditions in the version valid at the time of the order apply to the business relationship between the web shop seller (hereinafter referred to as ‘seller’) and the buyer (hereinafter referred to as ‘customer’). Deviating terms and conditions of the customer are not recognised unless the seller expressly agrees to their validity.
2. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity, § 13 BGB. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity, § 14 BGB.
§ 2 Conclusion of contract
Where reference is made to goods in the following, this also includes digital products (digital content or digital services) and goods with digital elements, if offered.
1. The presentation of goods in the online shop does not constitute a legally binding offer, but only an invitation to the customer to submit an offer. The customer can select goods from the seller's range and collect them in a so-called shopping basket by clicking on the button for the shopping basket. By clicking on the button required to conclude the purchase contract, the customer submits a binding request to purchase the goods in the shopping basket. Before submitting the order, the customer can change and view the data at any time. At any time before placing a binding order, the customer can access the page on which their data has been entered by clicking the ‘Back’ button in the browser. Input errors can be corrected here. The order process can be cancelled by closing the Internet browser. However, the request can only be submitted and transmitted if the customer accepts these contractual terms and conditions and has thereby included them in their request.
2. Confirmation of receipt of the customer's order is sent together with acceptance of the order immediately after submission by means of an automated email. The purchase contract is concluded with this email confirmation.
If the customer has chosen a payment method with immediate payment (such as PayPal / PayPal Plus / PayPal Express, Amazon Payments, Sofortüberweisung), the contract is concluded at the time the customer confirms the payment instruction. If the customer has chosen the payment method prepayment, the contract is concluded when the customer receives a payment request with the relevant bank details before the seller's declaration of acceptance. We accept your offer with this payment request.
3. The contract text and any warranty conditions will be sent to the customer on a durable medium (e-mail or paper printout) with the e-mail (confirmation of receipt and acceptance of the order) or in a separate e-mail, but no later than upon delivery of the goods. The contract text is stored in compliance with data protection regulations. The seller's current terms and conditions can also be viewed by the customer at any time at https://www.zwiesel-glas.com/agb. Past orders can be viewed in the customer area under My Account - Orders.
§ 3 Production of goods according to customer specifications
1. The customer shall provide the seller with all necessary content, such as images, texts and files in the specified format, for the production of goods that are to be manufactured according to specific customer specifications.
2. The customer grants the seller the necessary rights of use for this purpose.
3. The customer undertakes to transmit only such data as they are authorised to use and whose use does not infringe the rights of third parties. The seller shall be indemnified by the customer against any claims by third parties and all costs incurred in this regard for legal proceedings.
§ 4 Start of delivery period, delivery, provision of digital content
1. The delivery period begins on the day after the payment order is issued to the transferring credit institution in the case of payment in advance, or on the day after the conclusion of the contract in the case of other payment methods, and ends at the end of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a public holiday recognised by the state at the place of delivery, the next working day shall take the place of such a day.
2. Delivery shall be made to the delivery address specified by the customer.
3. If delivery to the customer was not possible and the transport company returns the ordered goods to the seller, the customer shall bear the costs of the unsuccessful shipment. This shall not apply if the customer 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 had given him reasonable notice of this in advance.
§ 5 Retention of title
The delivered goods remain the property of the seller until full payment has been made.
§ 6 Prices and shipping costs
1. The prices stated on the seller's website include the applicable statutory value added tax.
If the offers in the online shop are aimed exclusively at other businesses, the prices are exclusive of the applicable statutory value added tax.
2. Any shipping and delivery costs incurred are shown during the ordering process and, unless otherwise stated, are to be borne by the customer.
The following applies to consumers:
3a. The goods are shipped by a transport company commissioned by the seller. The seller bears the shipping risk if the customer is a consumer.
The following applies to businesses:
3b. The goods are shipped by a transport company commissioned by the seller. The risk of accidental loss or accidental deterioration of the purchased item is transferred to the buyer as soon as the seller has handed over the item to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.
§ 7 Payment terms
1. During the ordering process, the customer will be shown the available payment options. These may include payment options such as prepayment, credit card or the use of payment service providers such as PayPal, Klarna or Amazon Pay. The customer will receive further information during the ordering process. The seller may determine the available payment options at their own discretion.
2. Payment of the purchase price is due immediately after conclusion of the contract, unless a later due date has been agreed between the parties. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline.
The following applies to consumers:
2a. Point 2 only applies if the customer has been specifically informed of this legal consequence in the invoice or payment schedule. In the event of default, the customer shall pay the seller default interest at a rate of 5 percentage points above the respective base interest rate.
The following applies to entrepreneurs:
2b. In the event of default, the customer shall pay the seller default interest at a rate of 9 percentage points above the base rate.
3. The customer's obligation to pay default interest does not exclude the seller from asserting further claims for damages caused by default.
4. Promotional vouchers are issued free of charge and have a limited period of validity. The customer can find this information on the respective voucher. The voucher can only be redeemed in the seller's online shop during this period and only for the goods included in the promotion. The credit balance of a promotional voucher will not be paid out in cash or bear interest. Only one promotional voucher can be redeemed per order. The voucher code must be entered in the fields provided before completing the order. It is not possible to offset the voucher retrospectively. The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller. If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference. The voucher is not personalised and is therefore transferable, meaning that the seller can make payment to the respective voucher holder with discharging effect. This does not apply if the holder redeeming the voucher was not authorised to do so and the seller knew this or was grossly negligent in not knowing this. If goods paid for with the voucher are returned in the event of revocation, there is no entitlement to a refund of the voucher. The voucher is made available to the customer as contractually agreed, e.g. by means of downloads.
§ 8 Warranty for material defects, guarantee
1. All goods sold by the seller are subject to statutory warranty rights. The seller is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB (German Civil Code).
2. The warranty obligation towards entrepreneurs for newly manufactured goods delivered by the seller is 12 months from the transfer of risk. The limitation periods for recourse against the seller pursuant to Section 445a of the German Civil Code (BGB) remain unaffected.
3. An additional guarantee exists for goods delivered by the seller only if this was expressly stated in the order confirmation for the respective item. The scope of any guarantee can be found in the respective guarantee provisions.
§ 9 Liability
1. Claims for damages by the customer are excluded. This does not apply to claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the seller, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
2. In the event of a breach of essential contractual obligations, the seller shall only be liable for foreseeable damage typical for this type of contract if this was caused by simple negligence, unless the customer's claims for damages arise from injury to life, limb or health.
3. The restrictions in paragraphs 1 and 2 also apply in favour of the seller's legal representatives and vicarious agents if claims are asserted directly against them.
4. The provisions of the Product Liability Act remain unaffected.
§ 10 Right of withdrawal
If the customer is a consumer, they have a statutory right of withdrawal. Further information on the right of withdrawal can be found in the revocation policy.
§ 11 Information on data processing
Data protection is particularly important to us. Therefore, you will find our detailed privacy policy separately on our homepage. § 12 Code of conduct
Data protection is particularly important to us. You can therefore find our detailed privacy policy separately on our homepage.
§ 12 Code of Conduct
The seller has submitted to the code of conduct of Geprüfter Webshop, which can be viewed on the Internet at https://www.gepruefter-webshop.de/verhaltenscodex/.
§ 13 Force majeure
1. ‘Force majeure’ means the occurrence of an event that prevents a party from fulfilling one or more of its contractual obligations under the contract, if and to the extent that the party affected by the obstacle proves that it is an external event not related to operations, and which could not have been averted even with the utmost reasonable care, and which does not fall within the sphere of risk of the affected party alone.
2. Until proven otherwise, the following (non-exhaustive) events shall be presumed to constitute a case of ‘force majeure’:
- War, extensive military mobilisation, hostilities, attack, acts of foreign enemies, civil war, riots, insurrection, acts of terrorism, sabotage or piracy;
- Currency and trade restrictions, embargoes, sanctions;
- Pandemic, epidemic, or infectious diseases, taking into account the risk level of at least ‘moderate’ as determined by the Robert Koch Institute or the assessment of the World Health Organisation (WHO);
- Natural disasters or extreme natural events;
- Explosions, fires, destruction of equipment, prolonged failure of means of transport, telecommunications, information systems or energy;
- General industrial unrest such as boycotts, strikes and lockouts, occupation of factories and buildings.
3. In cases of force majeure, the contracting party affected shall be released from its obligation to deliver or accept delivery or to provide the service for the duration and to the extent of the impact, provided that this is notified immediately. If the notification is not made immediately, the release shall take effect from the time the notification reaches the other party. The exemption from the obligation to deliver or accept shall apply for as long as the asserted obstacle prevents the affected party from fulfilling the contract.
Buyers are obliged to inform the seller immediately, but no later than after 14 days, if an order remains unanswered and/or unprocessed, but the buyer wishes to maintain the order. This information must be provided in writing by email or letter, in any case in a manner that ensures that the seller receives the information letter.
4. Unless otherwise agreed, the contract may be terminated by either party if the duration of the impediment exceeds 120 days. In the event of termination, the services rendered up to that point shall be reimbursed.
5. The affected party shall take all appropriate and reasonable measures to remedy the force majeure situation and to mitigate the negative consequences of the force majeure that have occurred or are likely to occur for the other party.
6. If the subject matter of the contract is a service to be provided by the affected party, the latter shall be entitled to reschedule the provision of the service. If no alternative date can be offered or accepted within 120 days of the start of the event, the contract may be terminated by either party and any services already received must be returned.
7. If the subject matter of the contract is an event, the organiser is entitled to reschedule the date and venue of the event. If the participant is unable to accept the new offer, regardless of the reason, they are entitled to an alternative date. If no alternative date can be offered or accepted within 120 days of the start of the event, the contract may be terminated by either party and any services already received must be returned.
§ 14 Final provisions
1. Contracts between the seller and the customer are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. For orders placed by consumers from abroad, mandatory regulations or the protection granted by case law in the respective country of residence shall remain in force and shall apply accordingly.
2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider shall be the provider's registered office.
3. The contract language is German.
Copyright notice:
These General Terms and Conditions were drawn up by the contract lawyers of TISKO Consulting GmbH (https://www.Gepruefter-Webshop.de) and are subject to copyright protection. Any use other than that specified in the contractual agreement, or the copying and unauthorised use of the texts, is not permitted and constitutes a copyright infringement that will be prosecuted.
As of: 08.08.2025