I. General Terms & Conditions
Basic Provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Hurom Europe GmbH) via the www.zengershot.com website. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is contradicted.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its independent professional or commercial activity.
Formation of the contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking on the "Checkout" or "Continue to order" button (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will be displayed 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 taken to the order overview page in our online store or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online store.
Before submitting the order, you have the option of checking the details in the order overview again, changing them (also using the "back" function of the Internet browser) or canceling the order.
By sending the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay", "pay" / "pay now" or similar designation), you declare legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless another 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 by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
(6) The contract with the item details will be stored by us. You cannot access this information over the internet though. Instead, we will send the GTC to you. Otherwise, you can download the GTC at any time over our web page. You can also make a screenshot (= screen photography) at the time of the order or alternatively print out the whole side.
Special agreements on payment methods offered
(1) Credit check
If we make advance payments, e.g. in the case of payment on account or direct debit, your data will be forwarded to infoscore Consumer Data GmbH, Rheinmetall, Germany, for the purpose of a credit check based on mathematical-statistical procedures in order to safeguard our legitimate interests. infoscore Consumer Data GmbH, Rheinstraße 99, 76532 Baden-Baden, Germany, passed on. We reserve the right to refuse you the payment method on account or direct debit as a result of the credit check.
(2) Payment by SOFORT / instant bank transfer
If the payment method Sofort / Sofortüberweisung is selected, payment is processed via the payment service provider Sofort GmbH (Theresienhöhe 12, 80339 Munich, Germany; "SOFORT"). Sofort GmbH is a company of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden). The prerequisite for using the SOFORT payment method is that you have an online banking account activated for this purpose. During the payment process for the order, you must identify yourself accordingly and confirm the payment instruction to SOFORT. Your bank account will be debited immediately after placing the order. You can find more information about SOFORT at https://www.klarna.com/sofort/.
(3) SEPA Direct Debit
When paying via SEPA Direct Debit, you authorize us by granting a corresponding SEPA
mandate to collect the invoice amount from the specified account.
The direct debit will be collected within 2–5 days after the conclusion of the contract.
The pre-notification period is shortened to 5 days before the due date. You are responsible for ensuring sufficient funds are available in the account on the due date. In case of a chargeback due to your fault, you will bear the resulting bank fees.
Right of Retention, Reservation of Ownership
(1) You may only exercise a right of retention if 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 a business customer, the following applies additionally:
a) We retain ownership of the goods until all claims from the ongoing business
relationship have been settled. Pledging or transferring the goods as security before
ownership is transferred is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you assign to us all claims arising from the resale in the amount of the invoice value. We accept this assignment. You remain authorized to collect the claims. However, if you fail to meet
your payment obligations properly, we reserve the right to collect the claims ourselves.
c) If the reserved goods are combined or mixed with other items, 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 securities upon your request to the extent that the realizable
value of our securities exceeds the secured claim by more than 10%. We reserve the
right to choose which securities to release.
Warranty
(1) Statutory warranty rights apply.
(2) As a consumer, you are kindly requested to 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 rights.
(3) If a feature of the goods deviates from the objective requirements, such deviation shall only be deemed agreed if you were informed of it before submitting your contractual declaration and it was expressly and separately agreed between the parties.
(4) If you are a business customer, the following applies in deviation from the above:
a) Only our own specifications and the manufacturer’s product description are deemed
agreed as the condition of the goods. Public promotions or statements by the
manufacturer do not constitute contractual specifications.
b) In the event of defects, we shall provide warranty at our discretion by repair or
replacement. If the defect remedy fails, you may choose to reduce the price or withdraw
from the contract. The remedy is deemed failed after the second unsuccessful attempt
unless the nature of the goods or defect suggests otherwise. We are not obliged to bear
increased costs resulting from the transfer of goods to a location other than the place of
performance, unless such transfer corresponds to the intended use of the goods.
c) The warranty period is one year from delivery. This reduction does not apply to:
- damages caused by us due to injury to life, body, or health, or other damages caused intentionally or through gross negligence;
-
defects we have fraudulently concealed or if we have provided a guarantee for the
condition of the item; -
items used for a building in accordance with their usual use and which caused its
defectiveness; - statutory recourse claims you may have in connection with defect rights against us.
(5) We are not responsible for any economic loss or special, indirect or consequential loss including but not limited to; loss or damage arising from food or product spoilage claims, whether or not on account of product failure.
(6) The warranty is not transferable or re-assignable and applies only to the original verified purchaser from an authorized reseller.
Governing Law, Place of Performance, Jurisdiction
(1) German law shall apply. For consumers, this choice of law only applies insofar as it does not deprive them of protection granted by mandatory provisions of the law of the country of their habitual residence.
(2) The place of performance for all services arising from business relations with us and the place of jurisdiction is our registered office, provided you are not a consumer but a
merchant, legal entity under public law, or special fund under public law. The same
applies if you do not have a general place of jurisdiction in Germany or the EU, or if your
residence or usual place of stay is unknown at the time of legal action. The right to also
appeal to another legally competent court remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods
(CISG) do not apply.
Limitation of liability
We exclude liability for minor negligence in breach of duty, provided such breach does not involve essential contractual obligations, death, bodily injury, impaired health or guarantees or it does not affect claims under the Produkthaftungsgesetz (ProdHaftG, Product Liability Act). The same applies to breaches of duty by any of our agents and legal representatives. The contractual obligations include, in particular, the obligation to deliver the item and title to you. We furthermore must deliver to you the item free of material defects and deficiencies.
II. Customer Information
1. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).
2. Contractual language, saving the text of the contract
2.1 The contract language is German.
2.2 The complete text of the contract is not saved by us. Before sending the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we have received the order, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
2.3 You will be sent all contractual information within the framework of a binding offer in written form, via E-mail for example, for quotation requests outside of the online shopping basket system, which can be printed out or saved electronically in a secure manner.
3. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
4. Prices and payment arrangements
4.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
4.2 The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
4.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear.
4.4 Any costs incurred for the transfer of money (bank transfer or exchange rate fees) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
4.5 The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
4.6 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
5. Delivery conditions
5.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
5.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
If you are a businessman, the delivery and shipping operations take place at your own risk.
6. Retention of title
The goods remain our property until full payment has been received.
7. Right of cancellation
You are entitled to the statutory right of cancellation as described in the cancellation policy.
8. Transport damage
If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to be able to assert our own claims against the carrier or the transport insurance company.
9. Warranty and guarantees
Unless expressly agreed otherwise below, the statutory liability for defects shall apply. Information on any applicable additional guarantees and their exact conditions can be found with the product and on special information pages in the online shop.
Right of revocation
Revocation right for consumers
A ‘consumer’ is any natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities.
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period is 14 days from the day:
- on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods, provided that you have ordered one or more goods as part of a uniform order and these are or will be delivered uniformly;
- on which you or a third party named by you, who is not the carrier, have taken possession of the last goods or has taken possession of the last goods, if you have ordered several goods as part of a uniform order and these are delivered separately;
- on which you or a third party named by you, who is not the carrier, have taken possession of the last partial shipment or the last piece, if you have ordered goods that are delivered in several partial shipments or pieces;
- on which you or a third party nominated by you, which is not the carrier, had taken possession of the first product, provided products for the regular delivery are delivered across a specific period within the scope of a delivery.
To exercise the right to cancel, you must inform us (Hurom Europe GmbH, Weberstraße 19, 65779 Kelkheim (Taunus), Germany, E-Mail: info@zengershot.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
In order to safeguard the revocation period, it is sufficient that you send the notification about the exercise of the revocation right before the expiry of the revocation period.
Consequences of revocation
Withdrawal Due to Change of Mind (Unused Product):
A refund for the product price will be issued only after the returned item has been received and inspected at our warehouse.
Initial shipping costs and return shipping fees are non-refundable and must be covered by the customer.
Refunds will be processed using the same payment method originally used, and no additional fees will be charged during the refund process.
Withdrawal Due to Product Damage or Defect:
A full refund will be issued once the returned item is received and verified at our warehouse.
For hygiene-sensitive items such as food, refunds may be processed based on photographic or other evidence if a return is not possible.
Return shipping costs will be covered by us. However, any additional costs incurred due to the customer choosing a non-standard shipping method (other than the most favorable standard method provided by us) will not be reimbursed.
Refunds will be processed using the same payment method originally used, and no additional fees will be charged during the refund process.
Refund Timing:
Refunds are not processed immediately upon withdrawal notification. They will be issued only after the returned item (or damage evidence) has been confirmed by us.
Return Deadline:
Products must be returned within 14 days from the date of withdrawal notification. If shipment within the deadline cannot be confirmed, the refund may be denied.
Refund Limitations:
Any costs exceeding our standard return shipping fee (e.g., premium shipping options or additional services selected by the customer) will not be refunded. We are not obligated to reimburse amounts that exceed our defined return cost standards.
Reasons for exclusion or expiry
The right of revocation does not apply to contracts
- for delivery of products, which are not prefabricated and for whose manufacturing an individual selection or stipulation by the consumer is important or which are clearly tailored to the personal requirements of the consumer;
- for delivery of products, which can spoil quickly or whose use-by date would be exceeded quickly;
- for delivery of alcoholic drinks, whose price was agreed at the time of concluding the contract, which however can be delivered 30 days after the conclusion of the contract at the earliest and whose current value depends on the fluctuations in the market, on which the entrepreneur has no influence;
- for delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
The revocation right expires prematurely in case of contracts:
- for delivery of sealed products, which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after the delivery;
- for delivery of products if they have been mixed inseparably with other goods after the delivery, owing to their condition;
- for delivery of sound or video recording or computer software in a sealed package if the seal has been removed after the delivery.
Sample withdrawal form
If you wish to withdraw from the contract, please complete and return this form:
To:
Hurom Europe GmbH
Weberstraße 19
65779 Kelkheim (Taunus), Germany
E-Mail: info@zengershot.com
- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*)
- Ordered on (*)/ received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notification on paper)
- Date
(*) Delete as appropriate.
