Terms and Conditions

General Sales and Delivery Conditions for Internet Sales (GTC)

I. Preliminary Remark

(1) Scope
All offers, purchase contracts, and deliveries based on orders from our customers (hereinafter "customers") via our online shop https://zalin-products.com (hereinafter "online shop") are subject to these General Terms and Conditions (GTC).

(2) Customer Group
The product offer in our online shop is directed equally at consumers and entrepreneurs. For the purposes of these Terms and Conditions, (i) a "consumer" is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional (§ 13 BGB), and (ii) an "entrepreneur" is a natural or legal person or a legally capable partnership who acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction (§ 14 BGB).

(3) Structure
The following section "II. General Terms and Conditions" lists the conditions that apply especially to consumers. They also apply to entrepreneurs unless it is explicitly stated that their scope is limited to consumers.

The section "III. Special Conditions" lists additional conditions that apply exclusively to entrepreneurs.

II. General Terms and Conditions

(1) Contract Language
The language available for concluding the contract is German.

(2) Contract Partner
The purchase contract is concluded with Zalin Products GmbH + Co. KG.

(3) Ordering Process/Conclusion of Contract
The presentation of products in our online shop does not constitute a legally binding offer but an informal online catalog.

By clicking the "Add to Cart" button, the customer can place the respective goods into a virtual shopping cart. This process is non-binding and does not constitute a contractual offer.

Before placing an order, the contents of the virtual shopping cart along with the customer data are summarized on an overview page. The customer can correct all order data using the provided edit fields "Back," "Change," or "Edit Cart" (at the end of the ordering process) or cancel the order process by closing the browser window.

By clicking the "Buy Now" button, the customer makes a binding offer to us to conclude a purchase contract. We can accept this offer until the end of the third working day following the day of the offer.

After the order, the customer receives an automatically generated e-mail from us confirming receipt of the order and detailing its contents (confirmation of receipt). This confirmation of receipt does not constitute acceptance of the contract.

A contract is only concluded by sending an order confirmation or by delivery of the goods. When choosing the payment method "PayPal", the contract is concluded with the customer's confirmation of the payment instruction to PayPal.

(4) Printing/Saving of contract text/Terms and Conditions
We save the contract text and send the customer the order data and these General Terms and Conditions by e-mail.

The General Terms and Conditions can also be saved or printed by the customer at any time by clicking the "Save" or "Print" button at the bottom of this page.

If the customer has a customer account, they can also view their past orders at any time via the "My Account" function.

(5) Right of withdrawal for consumers
Every customer who is a consumer has the statutory right of withdrawal.
Details can be found in the cancellation policy, available under the link "Right of withdrawal for consumers".

(6) Provider identification, address for service of process
Our contact details for complaints and other declarations of intent as well as our address for service of process are:

Zalin Products GmbH + Co. KG
Ludwig-Erhard-Straße 2
33397 Rietberg

Tel.: +49 5244 9037703
Fax: +49 5244 9037704
E-Mail: info@zalin-products.com

represented by the managing and personally liable partner Zalin Products Verwaltungs GmbH,

Register court: District Court Gütersloh
Commercial register number: HRB 8785

represented by the managing director Sabo Coban.

Register court of the KG: District Court Gütersloh
Commercial register number of the KG: HRA 6593
VAT ID No.: DE225047623

(7) Prices, shipping costs
Our prices include the statutory value-added tax.

Shipping is at the customer's expense. An overview of the shipping methods and the respective shipping costs can be found under the link "Shipping Costs". The shipping costs are also displayed to the customer on the overview page before placing the order and must be confirmed.

(8) Return costs in case of withdrawal
In the event that the customer is a consumer and can withdraw from the contract within the scope of their statutory right of withdrawal. The invoice is due within 7 days of the invoice date. We reserve the right not to offer certain payment methods for each order and to refer to other payment methods.

You are in default if you culpably do not pay your invoice/installments no later than on their due date. In the event of default, the entire claim becomes due for immediate payment. During the default, we are entitled to charge default interest at a rate of 9 percentage points above the base interest rate per year.

Further rights due to delay remain unaffected.

(3) Liability
We are also liable for damages to customers who are entrepreneurs according to statutory provisions without limitation if these

(a) are based on injury to life, body, or health and were caused by an intentional or negligent breach of duty by us, our legal representatives, or vicarious agents, or
(b) are based on an intentional or grossly negligent breach of duty by us, our legal representatives, or vicarious agents, or
(c) are based on the Product Liability Act, or
(d) we have assumed a procurement risk or a guarantee and are therefore liable.

If damage is caused only by a negligent, but not grossly negligent, breach of an essential contractual obligation (cardinal obligation) by us, our legal representatives, or vicarious agents, without a claim existing under the above provisions (a) to (d), we are also liable for damages, but limited in amount to the typically occurring and foreseeable damage.

Essential contractual obligations (cardinal obligations) in the above sense are those obligations on the proper fulfillment of which the customer relies and is entitled to rely because they shape the contract.

Furthermore, we are liable to the extent that claims for damages are covered by liability insurance.

The statutory burden of proof allocation remains unaffected.

Further claims for damages against us, our legal representatives, or vicarious agents are excluded, regardless of the legal grounds on which they are based.

(4) Limitation of claims for material defects
Rights and claims of customers who are entrepreneurs expire within one year, unless

(a) the delivered goods are an item that has been used for a building according to its usual purpose and has caused its defectiveness, or
(b) these are claims for reimbursement of expenses according to § 445 b BGB, or
(c) the defect is based on an intentional breach of duty by us, our legal representatives, or vicarious agents, or
(d) these are claims for damages.

In cases (a) to (d), the statutory limitation periods apply.

The statutory provisions on suspension, suspension of the limitation period, and the renewal of the limitation period remain unaffected.

(5) Retention of Title
For customers who are entrepreneurs, the following retention of title applies, deviating from the regulation in (11), II. General Provisions:

We retain ownership of all delivered goods (reserved goods) until full payment of the purchase price and as long as all our claims from the business relationship have been settled.

The customer is entitled to further process and resell the goods in the ordinary course of business as long as they are not in default with fulfilling their obligations to us or have not ceased payments. The following applies in detail:

(a) The processing or transformation of the reserved goods is carried out for us within the meaning of § 950 BGB, without obligating us. By processing or transforming the reserved goods, the customer does not acquire ownership of the new item according to § 950 BGB.

If the reserved goods are processed, mixed, blended, or combined with other items, we acquire co-ownership of the new item in a share corresponding to the ratio of the invoice value of our reserved goods to the total value.

The provisions applicable to the reserved goods apply accordingly to the co-ownership shares arising under the above provisions.

(b) The customer hereby assigns to us the claims from the resale or other disposal transactions, such as contracts for work, including all ancillary rights, proportionally also insofar as the goods have been processed, mixed, or blended and we have acquired co-ownership in the amount of our invoice value, or the goods are permanently installed. To the extent the reserved goods are processed, mixed, blended, or permanently installed, we are entitled to a fraction of the respective claim from the resale corresponding to the ratio of the invoice value of our reserved goods to the invoice value of the item from this assignment.

If the reserved goods are sold by the customer together with other goods not delivered by us, the customer hereby assigns to us a portion of the claim from the resale equal to the invoice value of our reserved goods.

If the customer has sold this claim within the scope of genuine factoring, they hereby assign to us the claim against the factor that replaces it. If the claim from the resale by the customer is set in a current account relationship with their buyer, they hereby assign their claims from the current account relationship to us up to the invoice value of the reserved goods.

(c) We hereby accept the above assignments.

(d) The customer is authorized to collect the claims assigned to them until revoked by us. The collection authorization expires upon revocation, which occurs if the customer falls into default of payment or ceases payment. In this case, we are authorized by the customer to inform the debtors of the assignment and to collect the claim ourselves.

The customer is obliged, upon request, to provide us with a detailed list of the claims due to them, including the names and addresses of the debtors, the amount of the individual claims, invoice dates, etc., and to provide us with all information and documents necessary to assert the assigned claims and to allow verification of this information.

(e) Amounts received from assigned claims at the customer must be kept separately for us until they are transferred to us.

(f) Pledges or security transfers of ownership of the reserved goods or the assigned claims are not permitted. We must be informed immediately of any seizures, stating the creditor of the seizure.

If the value of the securities due to us exceeds our total claim against the customer by more than 10%, we are obliged to release them upon the customer's request to that extent.

The customer stores the reserved goods for us free of charge. The customer must insure them against usual risks such as fire, theft, and water to the usual extent. The customer hereby assigns their compensation claims arising from damages of the mentioned types against insurance companies or other liable parties to us up to the amount of our claim. We accept the assignment.

(6) Transport Damage
If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration passes to them as soon as we have delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment.

(7) Place of Performance/Jurisdiction
The place of performance and jurisdiction are each located at our registered office, provided the entrepreneur customer is a merchant or the other requirements for a jurisdiction agreement according to § 38 ZPO are met.

We are always also entitled to bring claims against the entrepreneur customer at their general place of jurisdiction.

(8) Applicable Law
Contrary to the provision in the 2nd paragraph of (14), II. General Conditions, German law always applies to the contractual relationship with customers who are entrepreneurs, as between two contracting parties domiciled in Germany, excluding the UN Sales Convention (CISG).