GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY Zimtstern Europe GmbH, 63533 Mainhausen
I. Scope of Application, Distribution Criteria
1. The deliveries, services and offers of Zimtstern Europe GmbH (hereinafter referred to as “ZIMTSTERN”) shall be exclusively made in accordance with these General Terms and Conditions of Sale and Delivery (hereinafter referred to as “General Terms”). The General Terms shall also apply to all future business relations with the buyer (hereinafter referred to as “Buyer”), even in the absence of an express agreement to this effect. Buyer accepts these General Terms by placing the order or the receipt of delivery of the goods. Diverging or supplementary terms, in particular Buyer’s terms and conditions of purchase, shall not apply even if ZIMTSTERN did not expressly reject them or has effected the delivery to Buyer without reservation while being aware of such diverging or supplementary terms.
2. In case Buyer sells ZIMTSTERN’s goods, Buyer (referred to as “Dealer” in the below mentioned requirements and internet guidelines) must also comply with the “Distribution Requirements for ZIMTSTERN Goods” and the “Guidelines for the Sale of ZIMTSTERN Goods over the Internet”. The above mentioned requirements and internet guidelines are available under www.zimtstern.com and form an integral part of these General Terms.
II. Offer and Conclusion of Contract
1. ZIMTSTERN’s offers are non-binding, unless they are expressly stipulated as binding offers in writing. Declarations of acceptance and any and all orders of Buyer shall require ZIMTSTERN’s confirmation in writing or by fax in order to be legally effective. All agreements entered into by representatives in ZIMTSTERN’s name shall require ZIMTSTERN’s written confirmation.
2. In case of offers stipulated as binding, a contract shall be concluded if ZIMTSTERN’s offer is accepted by Buyer in writing within a time period of two (2) weeks from the date of offer or if Buyer accepts the goods delivered by ZIMTSTERN. Upon expiry of this time period, ZIMTSTERN shall no longer be bound to the offer.
3. If Buyer imposes specific requirements as to ZIMTSTERN’s performance, Buyer must inform ZIMTSTERN thereof in writing prior to Buyer’s confirmation of the order. In such case, ZIMTSTERN shall be entitled to accept or reject the order in writing within a time period of two (2) weeks from the receipt of the written requirements. In any case, Buyer shall remain bound to such order placed with ZIMTSTERN during this time period.
1. The prices stated by ZIMTSTERN in the offers shall only be binding upon ZIMTSTERN for the time period the offer is valid.
2. The prices shall generally be exclusive of the applicable statutory value-added tax. For pre-order deliveries the prices shall generally be DDP to the customer’s destination. For re-order or replenishment deliveries surcharges will be added to the prices in relation to cost increases for transportation according to the offered terms and conditions at order.
3. Unless otherwise agreed, ZIMTSTERN shall be entitled to adjust its prices to reflect any unpredictable increase in the costs for wages, materials or raw materials beyond ZIMTSTERN’s control. For this purpose, no consent or approval of Buyer shall be required. Such adjustment of the agreed prices shall only be possible if the time period between the conclusion of the contract and the agreed delivery date exceeds six (6) weeks and the cost increases take place after the conclusion of the contract.
4. Unless otherwise agreed ZIMTSTERN will charge a minimum order surcharge in the net amount of EUR 15.00 for orders amounting to less than EUR 70.00. First-time orders of Dealers will only be accepted by ZIMTSTERN if they have a specific minimum order value.
IV. Deliveries and Time of Performance
1. Unless otherwise expressly agreed in writing, the delivery dates and delivery periods stated by ZIMTSTERN shall be non-binding.
2. ZIMTSTERN may make partial deliveries for justified reasons provided this is reasonable for Buyer.
3. Delivery dates and delivery periods shall be deemed complied with upon dispatch of the goods in due time or – if the goods are collected by Buyer – upon notification of the goods’ readiness for dispatch in due time.
4. Delivery periods shall commence upon conclusion of the contract, however, not before ZIMTSTERN has received all required documents and Buyer has clarified the same, not before Buyer has provided all assistance required for the delivery, not before the parties have agreed on the type of design and not before all official permits have been granted.
5. In case of subsequent supplements and/or changes to the contract, the delivery dates and periods shall be rescheduled and/or extended accordingly.
6. Even in case of bindingly agreed delivery dates and delivery periods, ZIMTSTERN shall not be responsible for delays in delivery or performance due to unpredictable, unavoidable events beyond ZIMTSTERN’s control for which ZIMTSTERN is not responsible, such as in particular force majeure, war, natural disasters, strike, lockout or official orders. Delivery dates and delivery periods shall be rescheduled or extended by the length of such disturbance; Buyer shall be informed of the occurrence of such event in an appropriate manner.
7. If the disturbance as specified in the above subsection 7 lasts for more than three (3) months or if the end of the disturbance is not foreseeable, each party shall be entitled to rescind the contract in respect of the part of the contract that has not yet been fulfilled.
V. Shipment, Passing of Risk
1. The risk of accidental loss and accidental deterioration of the goods shall pass to Buyer upon handover of the goods to Buyer.
2. The above shall also apply in case of partial deliveries as specified in section IV. 2.
VI. Terms of Payment
1. Unless otherwise agreed, invoices of ZIMTSTERN shall be payable without deduction at the latest thirty (30) days after the invoice date. If payment is made within ten (10) days, ZIMTSTERN grants a discount of three per cent (2%).
2. ZIMTSTERN shall be entitled to issue separate invoices for partial deliveries as specified in section IV 2.
3. Payment shall only be deemed effected when the respective amount is in fact available to ZIMTSTERN. Money orders, checks and bills of exchange shall only be accepted on account of performance by charging all collection and discounting charges to Buyer. Any discounts granted shall be subject to timely payment and/or complete acceptance of goods, to the extent the discounts are granted for specific order volumes. In case of returns expressly consented to by ZIMTSTERN without being obliged to do so, the already granted discounts for specific order volumes shall no longer apply to the entire shipment of goods from which the return originates and Buyer shall be obliged to make a corresponding additional payment.
4. If Buyer fails to pay within the time periods specified in subsection 1, ZIMTSTERN shall be entitled to request from Buyer default interest in the amount of nine (9) percentage points above the basic rate of interest as defined in Section 247 German Civil Code (BGB) and published in each case by the German Central Bank (Bundesbank) without any further warning being required. The assertion of a claim for further damages due to the default shall remain unaffected.
5. If ZIMTSTERN becomes aware of the risk of Buyer’s impossibility to perform (lack of productive efficiency) after conclusion of the contract, ZIMTSTERN shall be entitled to make outstanding deliveries only against prepayment or the provision of security. In addition, ZIMTSTERN shall be entitled to rescind individual or all contracts already concluded with Buyer in whole or in part, if Buyer fails to make a prepayment or fails to provide security even after the expiry of a reasonable grace period.
6. Buyer shall only be entitled to a set-off if its counterclaim is uncontested, ready for decision or has been finally adjudicated.
7. Buyer shall only be entitled to assert a right of retention to the extent that its counterclaim is based on the same contract and is uncontested, ready for decision or has been finally adjudicated.
VII. Rights in Case of Defects
1. Upon passing of the risk the goods shall be of the agreed quality; this quality will exclusively be determined by the specific written agreements between the parties concerning the characteristics, features and specifications of the goods. ZIMTSTERN reserves the right to make modifications or changes to the goods without Buyer’s specific consent if such modifications or changes are caused by the technical development or constitute technical improvements and are reasonably acceptable for Buyer. Furthermore, minor deviations in color, size, shape etc. shall be admissible, if and to the extent these are in the nature of the materials used and are customary in the business or reasonably acceptable to Buyer.
2. Buyer shall inspect the delivered goods immediately upon delivery and shall notify ZIMTSTERN in writing of any obvious defects identifiable upon proper inspection within a period of 10 days from the date of delivery of the goods. Buyer shall notify ZIMTSTERN in writing of any hidden defects that are not identifiable upon proper inspection within 10 days upon discovery. The written notification shall be deemed made in due time if it is dispatched in due time. If the notification is not made in due time, a liability for defects on the part of ZIMTSTERN shall be excluded with regard to the concerned defects.
3. Notwithstanding the obligation under the above subsection 2 to make a notification of defect in due time, Buyer’s rights in case of defects shall become statute-barred 12 months after delivery of the goods to Buyer. The provisions on the statute of limitations of Section 479 BGB shall remain unaffected. The statutory limitation periods shall remain applicable to damage claims of Buyer due to other reasons than defects of the goods and to rights of Buyer with respect to defects concealed in bad faith or caused intentionally.
4. If Buyer makes a notification of defect in due time, ZIMTSTERN may, at ZIMTSTERN’s discretion, either remedy the defect or deliver a replacement free of charge to Buyer.
5. If defective goods are returned in connection with a replacement delivery, the return delivery of the respective goods to ZIMTSTERN shall be made at the expense of ZIMTSTERN and shall include a clear identification of the defect, indicating all information required to handle the complaint, such as the number of the delivery note, Buyer’s account number, certificate of guarantee, receipt and the like. Should Buyer’s notification of defect prove to be unjustified and provided Buyer has realized this prior to the notification of defect or has not realized it in a negligent manner, Buyer shall be obliged to reimburse ZIMTSTERN for all costs incurred in this respect, e.g. travel expenses or shipping costs.
6. If a repair or delivery of a replacement is refused by ZIMTSTERN in accordance with Section 439 (3) BGB or if it fails or is unreasonable for Buyer, e.g. due to an improper delay on the part of ZIMTSTERN, Buyer may, at its option, rescind the contract in accordance with the statutory provisions or reduce the purchase price and/or claim damages pursuant to section IX. or the reimbursement of its futile expenses. However, Buyer shall not be entitled to rescind the contract in case of a merely minor breach of contract, particularly in the case of merely minor defects.
7. Buyer’s rights in case of defects shall be excluded if an improper handling and/or storage caused or at least contributed to the defect.
8. The above provisions shall not apply to the extent that a deviating provision is mandatory under applicable German law, e.g. as a result of Section 478 (4) BGB.
VIII. Retention of Title
1. The delivered goods shall remain ZIMTSTERN’s property until full payment of the respective purchase price and until any and all claims of ZIMTSTERN against Buyer arising from the existing business relationship with Buyer have been settled.
2. Buyer may not pledge or assign by way of security the goods subject to the retention of title (“Goods Subject to Retention of Title”) or otherwise encumber them with third-party rights. Buyer shall only be allowed to resell the Goods Subject to Retention of Title to third parties and to join them with other movable items within normal and proper business transactions. Should the Goods Subject to Retention of Title be joined with other items, ZIMTSTERN shall acquire joint ownership of the new item in the ratio of the value of the Goods Subject to Retention of Title to the other items at the time of joining. Should the joining occur in such manner that Buyer’s item is to be viewed as the main item, it shall be deemed to be agreed that Buyer assigns proportionate joint ownership to ZIMTSTERN. Buyer shall hold the joint ownership created in such manner in custody for ZIMTSTERN.
3. Buyer shall ensure that ZIMTSTERN’s retention of title is being maintained, if possible. Buyer hereby assigns to ZIMTSTERN the claims for the purchase price vis-à-vis its customers arising from the resale of the Goods Subject to Retention of Title in the full amount or in the amount allocable to the proportionate joint ownership, as the case may be. ZIMTSTERN hereby accepts such assignment. Buyer is granted the revocable authorization to collect the assigned claims. ZIMTSTERN reserves the right to revoke such authorization and the right to resell the Goods Subject to Retention of Title and to collect the claims itself if Buyer fails to duly fulfill its payment obligations and is in default of payment. In such case, Buyer shall provide ZIMTSTERN with the names of its customers as well as with all documents required to enforce the assigned claims upon ZIMTSTERN’s request.
4. Buyer shall be obliged to insure the Goods Subject to Retention of Title against the usual risks such as fire, water and theft at its own expense. If Buyer fails to comply with the insurance obligation despite a reminder from ZIMTSTERN, ZIMTSTERN may take out the insurance at Buyer’s expense, pay the insurance premium and collect the respective amount as part of the claim under the respective contract. Buyer hereby assigns to ZIMTSTERN, by way of priority, any and all claims against the insurer or injuring party in case of an insured event. ZIMTSTERN hereby accepts such assignment.
5. If ZIMTSTERN rescinds the contract on grounds of a breach of contract on the part of Buyer, in particular on grounds of default in payment, ZIMTSTERN may, irrespective of other rights, request surrender of the Goods Subject to Retention of Title and Buyer shall grant ZIMTSTERN access to the Goods Subject to Retention of Title and surrender the Goods Subject to Retention of Title without being entitled to any right of retention. All costs relating to the surrender shall be borne by Buyer.
6. Should the realizable value of the securities exceed the total amount of ZIMTSTERN’s claims to be secured by more than 10%, Buyer shall be entitled to demand a release to such extent.
IX. Limitation of Liability
1. In the case of slight negligence, ZIMTSTERN’s liability for its own fault as well as for the fault of its vicarious agents and legal representatives shall be limited to the foreseeable damage typical for this type of contract. ZIMTSTERN shall not be liable for any breach of a non-essential obligation under the contract due to slight negligence.
2. The above limitations of liability pursuant to subsection 1 shall not apply to ZIMTSTERN’s liability under the German Product Liability Act (product liability law) or in other cases of mandatory statutory liability. Neither shall the above limitations of liability apply to culpably caused personal injuries and if and to the extent ZIMTSTERN has assumed a guarantee.
3. Unless otherwise explicitly agreed upon in writing, ZIMTSTERN shall by no means be liable for materials, component parts, freight specifications, processing instructions and the like provided by Buyer. ZIMTSTERN shall not be obliged to examine the foregoing items with regard to their conformity with the applicable statutory provisions as provided for in the German Product Liability Act and/or the German Civil Code. In these cases, Buyer shall be fully liable and fully indemnify ZIMTSTERN against any and all claims raised by third parties.
X. Intellectual Property
1. Buyer hereby acknowledges that all trademarks that are used on ZIMTSTERN’s goods are subject of ZIMTSTERN’s exclusive brand license rights and that no right, title or interest is given to Buyer to use such trademarks for an unlimited period.
2. ZIMTSTERN grants to Buyer a non-exclusive right to use its trademarks indicated in subsection 1 for the purpose of duly marking ZIMTSTERN’s goods. The use of the trademarks in this scope shall by no means entitle Buyer to continue such use after termination of the contractual relationship with ZIMTSTERN. Buyer shall immediately cease the use of ZIMTSTERN’s trademarks after termination of the supply relationship with ZIMTSTERN and after the clearance sale of all delivered goods kept in stock by Buyer.
3. Buyer shall not do anything that would jeopardize ZIMTSTERN’s trademark rights and shall in particular not challenge their legal validity or assist third parties in doing so.
XI. General Provisions
1. Amendments and supplements to the contract and/or these General Terms and any side agreements must be made in writing. The same shall apply to the amendment of this written form requirement. There are no oral agreements in place.
2. These General Terms and the entire contractual relationship between ZIMTSTERN and Buyer shall be governed by the laws of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
3. Exclusive venue for any and all disputes arising from or in connection with the parties’ contractual relationship shall be Offenburg, Germany. ZIMTSTERN is entitled, however, to sue Buyer at any other court having statutory jurisdiction.
4. If a provision of these General Terms, including the Distribution Requirements for ZIMTSTERN Goods and the Guidelines for the Sale of ZIMTSTERN Goods over the Internet and/or the respective contract, is invalid in whole or in part, the validity of the remaining provisions shall remain unaffected hereby. In this case, the invalid provision shall be replaced by ZIMTSTERN and Buyer with a legally valid provision that comes as close as possible to the economic purpose of the invalid provision.
(date, stamp and signature of Buyer)
Place of business: Mainhausen, Germany, Local Court of Offenbach (Main) HR B 51474
chief executive officers: Hans Allmendinger, Sönke Voss
Distribution Requirements for ZIMTSTERN Products
1. Dealer shall offer ZIMTSTERN Products ("Contract Products") for sale in a manner that will preserve and enhance the high value, image and reputation of ZIMTSTERN and the ZIMTSTERN trademarks; inter alia, this refers to the condition and fit-out of the retail store (if available), the presentation and the setting of the Contract Products and the ZIMTSTERN trademarks as well as to the sales advice regarding the Contract Products. For this reason, the following requirements must be complied with:
a) The retail store (if available) must be clean and well-kept.
b) Dealer must display / present the Contract Products in an attractive, appealing and customer-friendly manner.
c) The other goods sold by Dealer must be comparable to the Contract Products as regards their quality, image and reputation and must be presented in accordance with their image.
d) The retail store (if available) of the Dealer, including the shop window, and the fit-out of the retail store must be appropriate for the upmarket image of the Contract Products, i. e. the furnishings, decoration and other fit-out must be of high quality.
e) When presenting the Contract Products, Dealer shall be guided by the image of the ZIMTSTERN trademarks and the customer expectations in respect of the design of advertisements or range offered. Dealer shall refrain from all activities that may have a disadvantageous effect on the high value, the image and the reputation of ZIMTSTERN and / or the ZIMTSTERN trademarks.
f) Dealer and its sales staff must have the necessary know-how for the sale of the Contract Products and must be able to advise and inform customers about the Contract Products; in particular, this applies to all characteristics of the Contract Products, general information on the Contract Products, including information on sustainability and environmental compatibility.
g) Dealer's promotional texts shall always demonstrate explicitly that the sales promotion originates from the Dealer and not from ZIMTSTERN.
h) In case Dealer offers Contract Products in several colours, Dealer shall put every colour on display that is offered for sale.
2. Any customer complaints must be processed quickly and efficiently.
3. Dealer shall be obliged to grant ZIMTSTERN access to its retail store (if available) and the relevant documents to verify compliance with these Distribution Requirements for ZIMTSTERN Contract Products.
4. Dealer shall be obliged to use only current and professional pictures in connection with the Contract Products, which have either been provided by ZIMTSTERN or to the use of which ZIMTSTERN has given its written consent. As ZIMTSTERN develops new pictures on a regular basis, Dealer shall be obliged to regularly, i. e. at least one per year, enquire with ZIMTSTERN whether new pictures for a Contract Product are available. Any distribution of the ZIMTSTERN pictures to third parties shall require ZIMTSTERN's written consent.
5. Dealer shall promote only such Contract Products as are actually kept in its stock in sufficient quantities.
6. Should specific product groups be subject to requirements related to the product range, these shall be complied with in the scope of presentation of the Contract Products.
7. Dealer shall at all times comply with all relevant statutory provisions, including but not limited to, the provisions relating to unfair competition regarding the presentation of the Contract Products and the contacting of its (potential) customers.
8. Dealer shall not change the Contract Products. Dealer shall especially offer and sell the Contract Products in the condition as delivered by ZIMTSTERN and neither attach nor remove additional tags or parts.
9. Dealer shall offer and sell the Contract Products only in the sales units ZIMTSTERN has intended for the relevant Contract Products.
10. The trademark presentation shall be performed in compliance with the Corporate Identity Guidelines.
11. Dealer shall participate in all recalls initiated by ZIMTSTERN with respect to the Contract Products.
12. Sale of the Contract Products via the Internet requires a website that corresponds to the requirements relating to the physical retail store. For this reason, the website and the offer and sale of Contract Products via the Internet must comply with the „Distribution Requirements for ZIMTSTERN Products“ (hereinafter referred to as "Requirements") and, additionally, with the „Guidelines for the Sale of ZIMTSTERN Products via the Internet“ (hereinafter referred to as Internet Guidelines").
13. ZIMTSTERN shall be entitled to change these Requirements and the Internet Guidelines to take account of changes in the strategy or the market situation. Dealer shall be obliged to implement these changes. ZIMTSTERN shall inform Dealer about such changes in writing in due time in advance.
Guidelines for the Sale of ZIMTSTERN Products via the Internet
Dealer shall offer the ZIMTSTERN products ("Contract Products") for sale in a manner that is appropriate for preserving and enhancing the high value, image and reputation of ZIMTSTERN and the ZIMTSTERN trademarks. For this reason, Dealer shall be obliged to always comply with the below requirements when selling the Contract Products via the Internet:
1. General Criteria
a) To ensure compliance with the Requirements and the Internet Guidelines, Dealer shall submit its internet websites (URL) to be used for the promotion, offer or sale of Contract Products, to ZIMTSTERN in advance for review and approval. In case Dealer promotes, offers or sells the Contractual Products via third-party platforms, the relevant sites shall be submitted for review and approval. Approvals shall be granted if the websites and / or sites of third-party platforms comply with the Guidelines for the Sale of ZIMTSTERN Products via the Internet. The pricing shall not be reviewed as Dealer is free to determine its resale prices. Any change of its domain (Internet address) by the Dealer shall require ZIMTSTERN's prior consent which may only be withheld by ZIMTSTERN for good cause.
b) Dealer will act as the seller of the Contract Products and as the service provider within the meaning of the German Telemedia Act ("Telemediengesetz, TMG") with respect to the website.
c) Dealer will at all times comply with the general information obligations pursuant to § 5 TMG, any other applicable information obligations pursuant to Section 312 c - e German Civil Code ("BGB"), the rights of withdrawal and return pursuant to Section 355 et seq. BGB, and data protection laws and any other applicable laws, in particular the provisions relating to unfair competition regarding the presentation of the Contract Products and the contacting of its (potential) customers.
d) Dealer must not post any banner ads on its website that fail to comply with the high value, image and reputation of the ZIMTSTERN trademarks and the Contract Products.
e) Dealer may effect changes regarding the website that might affect the high value, image and reputation of the ZIMTSTERN trademarks and thus the perception of the Contract Products only with the prior consent of ZIMTSTERN.
f) Dealer shall not be authorised to sell the Contract Products via auctions. To the extent that Contract Products are offered on platforms that allow customers to buy by auction, e. g. eBay, it is only permissible to offer and sell the Contract Products via "Buy It Now" without the option of purchasing by auction.
2. Promotion and Product Presentation
a) The Dealer's promotional texts on the websites shall always and explicitly demonstrate that the promotion originates from the Dealer. In its promotional texts, the Dealer e. g. must not claim that is an "official ZIMTSTERN Online Shop".
b) The product presentation shall always be performed in a manner that represents and maintains the high value, image and reputation of the ZIMTSTERN trademarks and Contract Products. Dealer shall arrange the promotion and / or the offers in a way based on the consumer expectations regarding the ZIMTSTERN trademarks and Contract Products. Among other things, Dealer undertakes in this context not to promote and / or sell third-party products that may negatively affect the reputation of ZIMTSTERN in the context with Contract Products of ZIMTSTERN. Above all, Dealer shall post the Contract Products only in thematically appropriate categories and not in categories of other trademarks.
c) In the article search function, the Contract Products shall be traceable in a trademark-specific way and separate from the remaining shop product range.
d) As regards the Contract Products offered by Dealer on its website, ZIMTSTERN will make image shots available to Dealer in electronic form.
e) In connection with the promotion and sale of the Contract Products, Dealer undertakes to exclusively use logos and lettering made available to it and approved by ZIMTSTERN. On its website, Dealer shall only use product pictures made available by ZIMTSTERN or professional pictures (also with regard to the correct degree of light exposure, styling, colour fastness, and digital processing). Dealer shall neither be entitled to modify the pictures, logos, etc. made available to it by ZIMTSTERN, nor to pass them on to third parties.
f) Dealer shall ensure that several pictures are available for each article showing the relevant article from different perspectives or in all-around-view. In case Dealer offers Contract Products in several colours, Dealer shall depict visually every colour offered for sale. The above provisions shall not apply to articles for which ZIMTSTERN does not provide views in the required numbers / colours.
g) Dealer shall present to the customers on its website detailed product descriptions and product pictures in order to provide the customers with information on the Contract Products comparable to the information they would obtain in the retail store. In the product descriptions, Dealer shall exactly describe the characteristics of the material, the details and the features of the respective Contract Product in compliance with the statutory provisions.
h) Dealer shall precisely state the available colours and sizes of the Contract Products.
i) The prices shown must comply with the statutory provisions, be unambiguous and easily understandable; the shipping costs must be stated precisely.
3. Order and Sale
3.1 Product Range
a) Dealer shall only offer such Contract Products it actually has in stock. To the extent Dealer makes statements on the precise number of Contract Products available, such numbers shall be correct and up-to-date.
b) To the extent that there are requirements regarding the product range of certain product groups, these requirements shall also be complied with when sold via the Internet, i. e. Dealer must offer the specified Contract Products in the product range on its website.
3.2 Handling of Orders and Confirmation by Email
a) Dealer shall confirm orders of customers by email without undue delay.
b) If a Contract Product ordered by a customer is not available because two (2) customers simultaneously ordered a product that only was in stock once, Dealer shall notify the customer in question accordingly by email without undue delay.
3.5 Customer Service / Help Page on the Website
a) Dealer shall not register or use the ZIMTSTERN trademark and other confusingly similar signs as part of the top level, second level or other sub-domains. Dealer shall not be entitled to register or use domains that include an incorrect spelling of ZIMTSTERN trademarks. URLs of the Dealers' accounts must comply with one of the following formats:
www.yourdomain.TLD (i. e. without any reference to ZIMTSTERN trademarks)
Above all, the following formats are not allowed:
b) In accordance with statutory provisions, Dealer shall clearly display its contact data, including its telephone number, fax number and email-address on its website.
c) Dealer's website shall include a clearly structured help page, on which, in particular, information on payment methods, shipment terms, rights of withdrawal and return, as well as on reimbursement is made available.
d) During normal business hours, Dealer shall provide a customer service by phone, and shall indicate the customer service's contact data on the first page of its website in an easily accessible and easily traceable fashion.
e) Any calls from customers shall be dealt with immediately and reliably.
f) Customer requests by email will be duly answered within two (2) business days.
3.6 Withdrawal and Returns
a) Dealer shall comply with the statutory provisions on the rights of withdrawal and return concerning consumer contracts.
b) Dealer shall explicitly point out to the customer that returns of the Contract Products due to warranty must be addressed to Dealer.
4. Technical Standards / Functions
a) It must be ensured that Dealer's website is optimized for the usual display resolution (currently 1024 x 768 pixels) and compatible with the usual browsers (currently IE 6.0 and higher, Firefox).
b) Dealer's website must have a search function, inter alia for trademarks and product ranges, and it must be ensured that the Contract Products can be differentiated and found by means of this search function.
c) The usual order handling processes and functions (cart, login, checkout, possibilities to check / change the order) shall be offered.
d) SSL encryption will be used for processing the order.
e) In particular with respect to safety, performance and availability standards, the IT infrastructure must be state of the art.
f) In order to avoid the Contract Products being sold out, an inventory management system must be used.