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Terms and Conditions

General terms and conditions

Terms & Conditions

(The following terms and conditions also include legal information on rights according to the regulations on remote sales contracts and electronic business correspondence.)

§ 1 Application
(1) The following terms and conditions apply to all business relations between us (the vendor) and the customer (the buyer). The version current at the time of conclusion of contract is applicable.
(2) The Consumer for the purpose of the following terms is any person performing a legal act for a purpose not related to their commercial or self-employed occupational activity (§13 BGB). Trader is any person or company performing a legal act for the purpose of their self-employed or commercial activity (§14 BGB).

§ 2 Offerings
The vendor's offerings are subject to change. They constitute a prompt for orders. The contract and thus contractual obligation for each service does only occur once the vendor has confirmed the order to the buyer in writing.

§ 3 Prices
All orders specify the legal VAT.

§ 4 Delivery
(1) When paying in advance via bank transfer or PayPal, orders will not be shipped until payment is received and confirmed.
(2) Delivery deadlines and dates are only binding if they have explicitly been confirmed as binding in writing to the buyer.

§ 5 Terms of payment
The goods are considered to be paid only once the vendor has received the full invoice amount in cleared funds. In the event of late payment, the vendor may charge interest as regulated by law. Proof of higher damages through the vendor is also permissible. In this event the buyer may in turn deliver proof of no or lower damages to the vendor.
Accepted payment methods are cash on delivery, prepayment via bank transfer or PayPal. Shipping and handling costs may apply depending on the size of the order and destination country. These costs are available before the order is fulfilled.

§ 6 Internet resale through the buyer / Contractual penalty (business customers)
(1) Trader buyers are not permitted to resell the goods on the following online platforms:
a)    Amazon.de (Germany)
b)    Amazon.fr (France)
c)    Amazon.co.uk (Great Britain)
d)    Amazon.es (Spain)
e)    Amazon.it (Italy)
f)    Amazon.com (USA)

(2) The buyer agrees to a contractual penalty of 600 EUR to be paid to the vendor in case of infringement of § 6 (1) of these terms.

§ 7 Conditional sale and assignment of claim
(1) The goods remain property of the vendor until payment is received in full.
(2) If the customer is acting as a Trader, the following applies:
a) The vendor retains property of the goods until settlement of all open demands from the current business relationship. Pledging or transfer of goods by way of security before transfer of ownership are not permissible.
b) The customer may resell the goods in the course of regular business. In this case the customer immediately forfeits any claims from resale the to the amount of the invoice to the vendor. The customer does not forfeit authorisation to collect the claim. The vendor reserves the right to collect the claim directly if the customer does not fulfil their payment obligations.
c) When combining or processing the reserved goods, the vendor receives partial ownership of the new good based on the invoice value of the reserved goods compared to that of the other parts at the time of processing.
d) The vendor is obliged to clear their entitlement on demand by the customer as far as the real value of the vendor's securities exceeds 10% of the secured demand. The choice of the securities to clear falls to the vendor.

§8 Warranty rights, claims and damages
(1) For consumers the legal warranty rights apply. (1) Customers are asked to verify and check the goods for complete delivery, obvious faults and transport damage upon receipt and notify the vendor and shipper of any complaints as soon as possible.
(2) For Trader customers, the following applies instead of section 1:
a) Shipping and delivery are performed at the customer's risk.
b) Properties of the goods are only specifications delivered by the vendor and the manufacturer, but not other advertising, public offerings or other statements by the manufacturer.
c) The customer is required to inspect the goods for quality issues or quantity discrepancies immediately and notify the seller in writing of any complaints within seven days of receipt. Dispatch of the complaint by this time is considered sufficient. The same applies for hidden defects found later, from the time of discovery. Warranty claims are forfeit if the customer does not observe their obligation to inspect the goods and notify the vendor of complaints within this time limit.
d) In the event of defects, the vendor may rectify these according to their choice through amendment or replacement. If the defects are not resolved after two remedial attempts, the customer may either request mitigation or withdraw from the contract. In case of remedial action, the vendor is not required to bear increased costs arising from movement of goods to a different location than the place of fulfilment if this is not part of the intended use of the goods.
e) The period of liability for defects is one year from delivery of the goods. The shorter liability period does not apply to damages to life, body and health attributable to the vendor or damages caused through negligence, intent or deceit by the vendor, nor to the right of recourse according to §§ 478, 479 BGB.

§ 9 Legal cancellation rights


Consumers' right of cancellation
Right to Cancel


You have the right to cancel the contract within fourteen days for any reason.
The cancellation period of fourteen days begins on the day

  • For purchase contracts (single deliveries)
    a) you or a named third party that is not responsible for shipping took possession of the goods,
     
  • In the case of goods placed as a single order but delivered separately:
    b) you or a named third party that is not responsible for shipping took possession of the final shipment of goods, or
  • For contracts to deliver goods in a number of part shipments:
    c) you or a named third party that is not responsible for shipping took possession of the final part delivery or item.

To exercise your right to cancel, you are required to inform us


(ZAZA UG, Langer Weg 6/1, 73732 Esslingen am Neckar, email: info@mitra-led.de)


of your decision to cancel the contract in a specific declaration (e.g. via letter, telefax or e-mail).
You may use the included sample cancellation form for this, but this is not a requirement.
In order to observe the cancellation deadline, it is sufficient to send the declaration of withdrawal before the end of the cancellation period.

Effects of Cancellation
Upon cancelling the contract, we are to refund any payments received by you, including delivery charges (except for additional costs incurred by your choosing a different delivery method than the cheapest standard delivery offered by us), immediately and within fourteen days of receipt of your notice of cancellation. We will use the same payment method for the refund as used in the original transaction unless different arrangements were explicitly made. In no case will you be charged fees for the refund. We may refuse to refund until we have received the goods return or proof of shipment of the
goods, whichever occurs earlier.
You are to return the goods to us

(ZAZA UG, Langer Weg 6/1, 73732 Esslingen am Neckar, Germany, email: info@mitra-led.de)

immediately and within fourteen days from the day you inform us of cancellation. It is sufficient to send the goods before the end of the fourteen-day period in order to observe the deadline. You are to bear the costs of return if the price of the goods to be returned does not exceed 40 Euro. If the price of the goods to be returned does exceed 40 Euro, we will cover the cost of return.

You are only required to compensate us for a loss of value of the goods if this loss of value is due to use of the goods in a manner not necessary to verify their functionality, properties and quality.

Sample Cancellation Form

(Please fill in and return this form if you would like to cancel the contract.)


To ZAZA UG, Langer Weg 6/1, 73732 Esslingen am Neckar, Germany:


I/we (*) hereby cancel the purchase contract agreed upon by me/us (*) for the following goods:

Ordered/received (*) on

Address of customer(s)

Name of customer(s)

Signature of customer(s) (only for notice delivered in print)

Date
(*) strike parts not applicable


§ 10 Costs of return in case of legal cancellation
The consumer is to bear the costs of return if the price of the goods to be returned does not exceed 40 Euro. If the price of the goods to be returned does exceed 40 Euro, we will cover the cost of return.

§ 11 30 day returns period 
(1) Independent of the legal right to cancellation, we allow you as the consumer to cancel your declaration of intent to complete a contract with us within 30 days in writing (e.g. via e-mail, letter or fax).     
(2) This period begins on the day you or a named third party not responsible for shipping take possession of the final goods of the order. It is sufficient to send the goods before the end of the thirty-day period in order to observe the deadline.
(3) To exercise your right to cancel, you are required to inform us

(ZAZA UG, Langer Weg 6/1, 73732 Esslingen am Neckar, Germany, email: info@mitra-led.de)

of your decision to make use of your right to return in a specific declaration (e.g. via letter, telefax or e-mail).
(4) Upon exercising your right to return, we are to refund any payments received by you, including delivery charges (except for additional costs incurred by your choosing a different delivery method than the cheapest standard delivery offered by us), immediately and within thirty days of receipt of your notice of cancellation. We may refuse to refund until we have received the goods return or proof of shipment of the goods, whichever occurs first.
(5) You are to bear the costs of return if the price of the goods to be returned does not exceed 40 Euro. If the price of the goods to be returned does exceed 40 Euro, we will cover the cost of return.

§ 12 Liability
(1) The vendor is liable without limitation for damages to life, body or health in all cases of intent or severe neglect, in case of deceitful concealment of defects, in case of full guarantee for the nature of the goods, damages according to German product liability law and all other legally regulated cases.
(2) In case this affects significant contractual obligations, the vendor's liability in case of mild neglect is limited to typical, predictable damages. Significant contractual obligations are major obligations resulting from the contract and the violation of which would endanger the fulfilment of the contract as well as obligations placed on the vendor by the contract as requirements of fulfilment, which are required for proper fulfilment of the contract and which the customer can reasonably expect to be fulfilled.
(3) In case of the violation of minor contractual obligations, there is no liability for violations resulting from minor neglect.

§ 13 Place of fulfilment and jurisdiction
The place of fulfilment and jurisdiction is Esslingen, Germany for Trader customers.