General Terms and Conditions

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General Terms and Conditions of Max Zechbauer Tabakwaren GmbH & Co. KG
- hereinafter referred to as "Zechbauer" -

SCOPE OF APPLICATION
All reciprocal claims from and in connection with the conclusion of a contract between Customer and Zechbauer in mail-order trade are subject to these General Terms and Conditions in the version in force at the point of time of the respective order. The following Terms and Conditions shall apply to all orders transmitted by electronic means, by telephone or in writing and you recognize them with every order you make. The language of contract is German.
PARTIES TO CONTRACTS
Zechbauer enters into contracts with Customers who either are natural persons at the age of 18 or older of unrestricted legal capacity or legal persons and who have their permanent residence or seat in the Federal Republic of Germany, in a Member State of the European Union or in Switzerland (hereinafter referred to as "Customers").

In case Zechbauer should, by mistake, have accepted an offer of a non-accepted party to contract, Zechbauer shall be entitled to declare rescission of the contact to the Customer within a reasonable period.
SUBJECT MATTER OF CONTRACT
Zechbauer shall deliver the goods ordered by Customer or perform services after acceptance of the offer. In case Zechbauer should subsequently notice that there has occurred a mistake on the part of Zechbauer, e.g. in the information on a product, on a price or on the availability for delivery, Zechbauer shall inform Customer thereof without delay. The latter can confirm the order anew subject to the changed conditions. Otherwise, Zechbauer shall be entitled to withdraw from the contract.
CONCLUSION OF CONTRACT
The presentation of the products in the online shop does not form a legally binding offer, but only a non-binding online catalogue. By clicking on the "Kaufen" (Buy) button, you make a binding order of the goods contained in the basket. The confirmation of receipt of the order is given immediately after the order was sent and does not form an acceptance of the contract yet. We can accept your order by sending a confirmation of the order by e-mail or by shipment of the goods within two days. The above does not apply when you have chosen prepayment as mode of payment. In such case, a contract will always come about with the automatic confirmation of receipt immediately given after the order was sent.
INFORMATION ON CANCELLATION
5.1 RIGHT OF CANCELLATION
You are entitled to cancel this contract without stating any reasons within a period of 14 days. The period allowed for cancellation is 14 days from the day on which you or a third party named by you, other than the carrier, has taken possession of the goods. In order to exercise your right of cancellation, you must inform us, under

Max Zechbauer GmbH & Co.KG, Residenzstraße 10, 80333 München, Germany,
Telephone 0049 (0) 89 290130-0,
Telefax + 0049 (0) 89 290130-23,
E-mail info@zechbauer.de,
by means of a clear declaration (e.g. a letter sent by post, telefax or e-mail) on your decision to cancel this contract. For this purpose, you may use the attached model cancellation form that, however, is not prescribed. To meet the cancellation deadline, it is sufficient for you to send your notice of cancellation before expiry of the cancellation period.

5.2 EFFECTS OF CANCELLATION
If you cancel this contract, we must refund to you all payments we have received from you, including costs of delivery (except for additional costs resulting from the fact that you have chosen a kind of delivery other than the reasonable standard delivery offered by us), without delay and not later than 14 days from the day we have received your notice of cancellation of this contract. For the reimbursement, we will use the same means of payment that you used in the original transaction, unless anything different was expressly agreed with you. In any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent the goods back, whichever is earlier.

In any case, you must send back or hand over the goods to us,
Max Zechbauer GmbH & Co. KG, Residenzstraße 10, 80333 München, Germany,

without delay and in any case not later than within 14 days from the day you informed us of the cancellation of this contract. The deadline is met when you dispatch the goods before the 14-day period has expired.

You shall bear the direct costs of return of the goods. You shall only be liable for a possible decrease in the value of the goods when such decrease in value is attributable to a handling of the goods not required for establishing their nature, characteristics and functioning.

Download the Cancellation Form as PDF
COSTS OF RETURN
When you make use of your right of cancellation you must bear the regular costs of return when the goods delivered correspond to the goods ordered and when the price of the item/s to be returned does not exceed an amount of Euro 40 or when, in case of a higher price of the item/s, you have not yet paid the price or made a contractually agreed partial payment at the time of cancellation. Otherwise, the return shall be free of charge for Customer.
RESERVATION OF AVAILABILITY
In case Zechbauer should find, after conclusion of a contract, that the goods or services ordered are not available at Zechbauer anymore or cannot be delivered for legal reasons, Zechbauer can either offer goods or services of equivalent quality and price or withdraw from the contract. After a withdrawal from the contract on the part of Zechbauer or Customer, Zechbauer shall immediately refund any payments already received.
DELIVERY
Zechbauer assumes liability for the entire risk of damage to or loss of the goods on the route of transport.In case of incomplete delivery or damage on the route of transport, we ask for notification within a period of 24 hours.

The goods ordered will be delivered as quickly as possible within the scope of availability of the article from the manufacturer. In case not all of the goods ordered should be in stock, we reserve the right to make partial deliveries. All goods will be shipped to Customer to the address indicated by Customer. Please do not indicate a post-office box address.

In case of deliveries abroad, please take the import regulations applicable to your country into account and inform us about particularities in the import regulations, if any, so that we can take them into consideration within the realms of our possibilities. In this connection, we do not assume any liability for goods delivered that Customer was not allowed to order.

We do not assume responsibility for any costs that may be incurred in connection with the delivery, such as e.g. customs duties, storage costs, etc. All tobacco products will be shipped with the respective German tobacco revenue stamps, unless we have received a written agreement or permission allowing a deviation from the above.
RESERVATION OF TITLE
Zechbauer reserves title to all goods delivered by Zechbauer to a Customer until final and full payment for the goods delivered. As far as Zechbauer exchanges any goods within the framework of warranty, it is agreed already now that title to the goods to be exchanged shall reciprocally pass from Customer to Zechbauer or vice versa at the point of time Zechbauer receives the goods returned by Customer and Customer receives the replacement delivery from Zechbauer, respectively.
WARRANTY
Warranty is granted in accordance with the applicable legal provisions. In case of a defect in the goods, we will deliver replacement or rectify the defect at Customer's option first. In case the rectification of the defect should fail or the goods delivered as replacement should be defective, too, Customer can either return the goods against refund of the full purchase price or keep the goods and reduce the purchase price.

You can contact our customer service under:
Max Zechbauer Tabakwaren GmbH & Co. KG
Residenzstraße 10
80333 München
Germany,
Fax: +49 89 29 01 30 23
E-Mail: info@zechbauer.de

Customer shall check the goods as to completeness or possible defects immediately after receipt of the delivery, but not later than within a period of two weeks from receipt, and send a notification of defect in case of a deviation without delay. In case of a hidden defect, Customer shall give the respective notification immediately after detection of the defect within the warranty period.

The warranty period is two years. It commences upon receipt of the goods by Customer.

In case of a defect, Customer can demand, at his/her option, rectification of the defect or delivery of goods free from defects pursuant to Art. 439 German Civil Code (BGB). Zechbauer can refuse the kind of subsequent performance chosen by Customer pursuant to Art. 439 German Civil Code if it would only be possible at unreasonable costs. If also the second attempt of a rectification of the defect by way of repair should fail, Customer shall be entitled, under Art. 439 German Civil Code, to demand delivery of goods free from defects or to reduce the purchase price or to rescind the contract.

Claims for damages based on defects in the goods are excluded, unless Zechbauer has fraudulently concealed the defects or has given a guarantee of quality of the goods or damage to life, health or body was culpably caused.

It is a condition for claims based on warranty that the defect was not caused by improper use or overstress/overload. If a defect only becomes apparent later than 6 months after delivery, Customer must render proof that the goods were defective upon passing of the risk. Otherwise, Zechbauer shall be free to render proof that the goods did not have any defects upon delivery.
LIABILITY
Zechbauer, its management and its staff shall be liable in cases of positive violation of a contractual duty, of culpa in contrahendo, default, impossibility, tortuous act as well as on other legal grounds in case of intent and gross negligence. In case of a culpable violation of contractual cardinal duties (principal contractual duties) or in case of fraudulent misrepresentation as well as in case of claims for compensation according to Art. 437 No. 2 German Civil Code, Zechbauer shall be liable to the extent provided by law. Only in the event of a violation of cardinal duties, the liability of Zechbauer's staff is limited to the typical foreseeable damage. In so far, any indirect damage is excluded. In case of default, a business customer has the right to rescind the contract as an alternative to claims for damages.

In case of a loss of data, Zechbauer shall only be liable when Customer has provably made backups of the data stocks at least once a day. Otherwise liability is excluded, except in cases of intent or gross negligence.

The scope of liability of Zechbauer under the Product Liability Act remains unaffected.

The above provisions set forth the complete scope of liability of Zechbauer, its management and its staff. Any further liability is excluded.
CHOICE OF LAW
The legal relations between Zechbauer and Customers as well as the respective terms and conditions of business are governed by German law. Application of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1988 is excluded.
ONLINE DISPUTE RESOLUTION
Online Dispute Resolution – European Commission: www.ec.europa.eu/consumers/odr
OTHER PROVISIONS
If any individual provisions of this contract should not be legally effective as a whole or in part or should become legally ineffective at a later time, that shall not affect the remaining parts of the contract.