Terms and Conditions

I. General Terms and Conditions

§ 1 Basic Provisions

  1. The following terms and conditions apply to contracts concluded with us as the provider (Janek Göhler) via the website
    Zinn-Giesserei-Göhler. Unless otherwise agreed, the inclusion of any of your own terms and conditions used by you
    is hereby objected to.
  2. A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of Contract

  1. The subject of the contract is the sale of goods.
  2. By placing the respective product on our website, we make a binding offer to you to conclude a contract via the Online-Shop system under the conditions specified in the item description.
  3. The contract is concluded via the Online-Shop system as follows: The goods intended for purchase are placed in the “shopping cart”. You can access the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time.
    After clicking the “Checkout” or “Proceed to Order” button (or similar designation) and entering your personal data as well as payment and shipping conditions, the order data will finally be displayed to you as an order overview. If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as a payment method, you will either be directed to the order overview page in our Online-Shop or redirected to the website of the instant payment system provider.
    If you are redirected to the respective instant payment system, you will make the corresponding selection or enter your data there. Finally, the order data will be displayed to you as an order overview on the website of the instant payment system provider or after you have been redirected back to our Online-Shop.
    Before submitting the order, you have the opportunity to review and change the information in the order overview again (also via the “back” function of the internet browser) or to cancel the order.
    By submitting the order via the corresponding button (“order with obligation to pay”, “buy” / “buy now”, “order subject to charge”, “pay” / “pay now” or similar designation), you legally declare your acceptance of the offer, thereby concluding the contract.
  4. Your inquiries for the creation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g., via email), which you can accept within 5 days (unless a different period is specified in the respective offer).
  5. The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated via email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and that it is not prevented by SPAM filters in particular.

§ 3 Contract Term / Termination for Subscription Contracts

  1. The subscription contract concluded between you and us has the term specified in the respective offer, hereinafter referred to as the “initial term”. An initial term of more than 2 years cannot be agreed upon.
  2. If the subscription contract is not terminated by either party one month before the expiry of the initial term (unless a shorter period is stipulated in the respective offer), it will be tacitly extended indefinitely. The extended contractual relationship can be terminated at any time with one month’s notice (unless a shorter period is stipulated in the respective offer).
  3. The right to extraordinary termination for good cause remains unaffected.
  4. Any termination must be declared and submitted either in text form (e.g., email) or via the termination button integrated on our website (“Terminate contracts here” or similar designation).

§ 4 Special Agreements on Offered Payment Methods

  1. Payment via “PayPal” / “PayPal Checkout”If you select a payment method offered via “PayPal” / “PayPal Checkout”, payment processing is handled by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; “PayPal”). The individual payment methods via “PayPal” are displayed to you under a correspondingly labeled button on our website and during the Online-Shop ordering process. For payment processing, “PayPal” may use additional payment services; insofar as special payment conditions apply, you will be separately informed of these. Further information on “PayPal” can be found at PayPal

§ 5 Right of Retention, Retention of Title

  1. You can only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
  2. The goods remain our property until full payment of the purchase price.
  3. If you are an entrepreneur, the following also applies:

a) We reserve title to the goods until all claims arising from the ongoing business relationship have been fully settled.
Before the transfer of ownership of the reserved goods, pledging or transfer of ownership by way of security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale up to the invoice amount,
and we accept the assignment. You remain authorized to
collect the claim. However, if you do not properly fulfill your payment obligations, we reserve
the right to collect the claim ourselves.

c) In the event of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value
of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities due to us at your request to the extent that the realizable value of our
securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.

§ 6 Liability for Defects

  1. The statutory rights for liability for defects exist.
  2. As a consumer, you are requested to immediately check the goods upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
  3. Insofar as a characteristic of the goods deviates from the objective requirements, the deviation is only considered agreed upon if you were informed of it by us before submitting the contractual declaration and the deviation was expressly and separately agreed upon between the contracting parties.
  4. If you are an entrepreneur, the following applies, deviating from the above warranty provisions:

a) Only our own specifications and the manufacturer’s product description are considered agreed upon as the quality of the goods, but not
other advertising, public promotions, and statements by the manufacturer.

b) In the event of defects, we shall provide a warranty, at our discretion, by rectification or replacement delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects is deemed to have failed after the second unsuccessful attempt, unless something else arises from the nature of the goods or the defect or other circumstances. In the case of rectification, we are not obliged to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.

c) The warranty period is one year from the delivery of the goods. The reduction of the period does not apply:
– for damages culpably caused by us resulting from injury to life, body, or health and for other damages caused intentionally or by gross negligence;
– insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
– for items that have been used for a building in accordance with their usual purpose and have caused its defectiveness;
– for statutory recourse claims that you have against us in connection with defect rights.

§ 7 Choice of Law

  1. German law applies. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn thereby (principle of favorability).
  2. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.

II. Customer Information

§ 1. Identity of the Seller

Janek Göhler
Höckendorfer Str. 18
01705 Freital
Germany
Phone: +493514760217
Email: janek.goehler@zinn-giesserei-goehler.com

Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), accessible at: ODR platform
We are willing, but not obliged, to participate in dispute resolution proceedings before consumer arbitration boards.

§ 2. Information on the Conclusion of the Contract

The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the
provisions on “Conclusion of Contract” in our General Terms and Conditions (Part I).

§ 3. Contract Language, Contract Text Storage

3.1 The contract language is German.

3.2. The complete contract text is not stored by us. Before submitting the order via the Online-Shop system,
the contract data can be printed out using the browser’s print function or saved electronically. After we receive the order,
the order data, the legally required information for distance contracts, and the General
Terms and Conditions will be sent to you again via email.

3.3. For offer inquiries outside the Online-Shop system, you will receive all contract data as part of a binding
offer sent in text form, e.g., via email, which you can print out or save electronically.

§ 4. Codes of Conduct

4.1. We have subjected ourselves to the Buyer Seal quality criteria of Händlerbund Management AG, viewable
at: Buyer Seal quality criteria of Händlerbund Management AG.

§ 5. Essential Characteristics of the Goods or Service

The essential characteristics of the goods and/or service can be found in the respective offer.

§ 6. Prices and Payment Terms

6.1. The prices listed in the respective offers, as well as the shipping costs, represent total prices. They include all
price components, including all applicable taxes.

6.2. The incurred shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on
our website or in the respective offer, are shown separately during the ordering process, and must be borne by
you in addition, unless free shipping is promised.

6.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may arise, such as
customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees of credit institutions), which must be borne
by you.

6.4. Incurred money transfer costs (bank transfer or exchange rate fees of credit institutions) must be borne by you in cases
where delivery is made to an EU member state, but payment was initiated outside the European Union.

6.5. The payment methods available to you are listed under a correspondingly labeled button on our
website or in the respective offer.

6.6. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for immediate
payment.

§ 7. Delivery Conditions

7.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a
correspondingly labeled button on our website or in the respective offer.

7.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.

§ 8. Statutory Liability for Defects

The liability for defects is governed by the provision “Warranty” in our General Terms and Conditions (Part I).

§ 9. Contract Term / Termination

Information on the contract term and termination conditions can be found in the provision “Contract Term / Termination for Subscription Contracts” in our General Terms and Conditions (Part I) as well as in the respective offer.
These General Terms and Conditions and customer information were created by the IT law specialists of Händlerbund and are continuously checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in case of warnings. Further information can be found at: Händlerbund Management AG.

Last updated: 2022-11-29