1. Applicability, contracting parties, form

1.1 ZENDOME.shop is subject to the following general terms and conditions that are valid at the time of the order. These also apply to all further business relations without having to be explicitly renewed.

1.2 Opposing or differing terms and conditions of any given client or customer are invalid if they where not agreed upon before a signing of the contract. Even then they are only valid for the contract for which they where agreed upon. Our terms and conditions are valid also in the case of delivery of products with opposing or differing term and conditions of any client or customer we know of.

1.3 ZENDOME.shop does not have products for sale to under agers. Even those products meant for under agers have to be bought by adults.

2. Offer, Purchase and Invoicing

2.1 Any customer can order online around the clock including weekends at ZENDOME.shop.
Our offers are always non-binding which means they are only an invitation to make an offer. The contract is only valid when the customer has correctly filled out the order form obtained from ZENDOME.shop and this has been confirmed by email. The contents of our sales confirmation is legally binding. The scope of the delivery is subject to the written sales confirmation.
2.2 Obvious mistakes, spelling, printing and calculation faults are not legally binding. Should the ZENDOME.shop website at any point have an inconspicuous mistake such as spelling or calculating faults, we reserve the right to charge the correct price if the transaction has already been made. In such a case, the customer has a right to withdraw if he is not content with the new price, as long as the delivery is not an item that has been especially made to the request of the customer. The customer’s rights according to the distance selling act are hereby not altered.
2.3 Samples and models are, if not otherwise agreed upon, approximate examples for quality, size and colours.
2.4 The invoicing of the customer is preferably realized by email. The customer will receive the invoice in an easy to print version.


3. Shipping, Passing of Risk, Packing:

3.1 Shipping ways and means are subject to our choice. The packaging is not realized per item but is subject to transport and production as well as environmental issues. The largest item will determine the size of the shipment.
3.2 Reusable packaging is only at the customer’s disposal on a short term basis. The return of this packaging material has to be communicated as well as realized by the customer within three weeks. If this is not the case, we are entitled to charge a rental fee or the value of the packaging that is payable directly after receiving the shipment.
The following points 3.3 to 3.6 apply to trade customers.
3.3 Our shipments start either directly from our warehouse or directly from the manufacturer. With the committal to the transport person – no matter if he has been appointed by the customer, the manufacturer or by us – the risk is transferred to the customer. This is also the case for partial or post paid shipments. In case of shipment with our vehicles, the risk is transferred to the customer as soon as the items are delivered to the appointed location.
3.4 If delivery is delayed by the customer, be it his fault or on request, the storage of the shipment is at the cost and risk of the customer. In this case the announcement of the possibility of shipment is the same as the actual shipment. If the item goes into storage it will still be immediately charged.
3.5 If the transport is realized with a private vehicle or another vehicle, the shipment is defined as realized as soon as it can be handed over to the customer at the approved point of delivery on safe ground in the vehicle.
If the access road can not be driven on according to the deliverer, the item will be handed over at a point where a safe access for the deliverer can be guaranteed.
3.6 If the customer requests help with unloading (including unloading equipment), further transport or application that is not part of the contract, this service will be additionally charged. The support with these further actions does however not lead to an extension of liability or acceptance of risk.


4. Terms of delivery and delays

4.1 Terms of delivery are considered as approximations if not provided by us in writing as explicitly binding. Any delivery confirmations confirmed orally or by subcontractors of ZENDOME.shop have to be confirmed in writing by ZENDOME.shop. This confirmation is valid from the day all technical or other issues concerning the contract have been clarified, any necessary documents have been provided and in the case of a requested down payment, this has been transferred. It will be prolonged by the period of time during which the customer is in arrears either within a current business relationship or due to other contracts. ZENDOME.shop will attempt to deliver within a week following the order confirmation.
4.2 A performance or delivery deadline will also be extended – also within an existing extension – if subject to a force majeur and any other unforeseeable events we cannot be held responsible for (especially interruption of operation, strikes, lock out, or blockage of traffic routes) occurring after the completion of the contract as well as any other obstacles or delays that can be proven to have an influence on the delivery.
This also applies if any of these problems occur with our suppliers or subcontractors. Beginning and end of any such delays will be communicated as soon as possible. The customer can require from us a confirmation that we want to back down from the contract or deliver/realize within an adequate time frame. If we do not give a statement immediately the customer can back down from the contract. Compensation claims are excluded in any such case.
4.3 In no case are we responsible for delays or non-performance caused by any of our suppliers. However, we commit to forward any claim for compensation to the customer.
4.4 If after the signing of the contract we obtain knowledge especially of delayed payments for earlier deliveries, which raise the suspicion of financial difficulties, we are entitled to hold back any promised goods and services until payment has been received or appropriate security has been presented. In this case we can define an appropriate time frame during which the business partner can realize payment or any security step by step. At the end of this period of time we are entitled to withdraw from the contract. Any already realized partial deliveries have to be paid immediately.
4.5 Partial services and deliveries are permitted to a reasonable extent. Instalments can be requested to a reasonable extent.
4.6 If the customer does not accept the delivered goods, ZENDOME.shop has the right to withdraw from the contact or demand compensation for non-compliance with the contract, after a further period of two weeks.
4.7 The delivered goods also have to be accepted by the customer in the case of insignificant defects without jeopardizing his right of warranty.


5. Protection of privacy

5.1 The customer is hereby informed that we store and confidentially use any personal data received during the business relation as well as any data necessary for carrying out the business transactions while following the rules and regulations of the Federal data protection laws (BDSG) as well as the telecommunication laws (TDDSG).
5.2 The customer is also hereby informed that ZENDOME.shop will use the services of the ZENDOME GmbH, Schwedter Str.34a, 10435 Berlin as well as the partners named in the product in order to carry out the order. By registering the customer agrees to the transfer of his personal data to the ZENDOME GmbH and known partners in order to store, process and utilize them as far as this is necessary for carrying out the order or any internal information. The transfer, storage and utilization are always subject to the rules and regulations stated in the Federal data protection laws (BDSG) and the telecommunication laws (TDDSG). ZENDOME.shop guarantees not to forward this personal data to any not named third parties for advertising or market research use.


6. Prices/ due rates/ payment/ counter invoices

6.1 The prices are in EURO and exclude packing and shipping, freight and other shipping costs as well as the applicable value added tax.
6.2 Rebates, discounts ore any other deductions must be explicitly agreed in advance.
6.3 During our price calculations we assume that any factor concerning the calculation will stay unchanged, any preliminary works are already realized and we can provide our services without delay in one single uninterrupted operation.
6.4 If the delivery or service is required four months or later after the signing of the contract we are entitled to add any increase in costs or wages to the price.
6.5 We are entitled to demand instalments if our services are delayed without our fault longer than the agreed period of time.
6.6 All payments (especially the buying price) are due at the latest when the goods are delivered and must be made immediately. All payments are used to balance the oldest debt or any interest here upon.
6.7 An agreement to change the due date or an accepted delay in payment must be communicated in writing.
6.8 Payment with the so-called cheque/ bill of exchange method needs to be agreed on in written form. Payment by bill or cheque are net of any deductions made up to the day on which our account is credited.
6.9 Disregarding any accepted or credited exchanges our demands are due immediately if payment regulations are not followed or information is received that lead to a suspicion of financial difficulties. In this last case we are entitled to make further deliveries subject to advance payments or any requested security. We are further entitled to revoke any deductibles or discounts even if they are not explicitly stated on the invoice.
6.10 Should a customer delay payment or does not answer a bill of exchange we are entitled to take back the goods, also if this means to access the grounds of the customer. We can also prohibit the further vending or removal of the delivered goods. If not subject to the consumer credit law, taking back the goods is not withdrawing from the contract.
6.11 In cases stated in 6.9 and 6.10 we can revoke the direct debit authorization (7.6) and demand prepayment for remaining deliveries. The customer can however prevent this as well as the legal actions stated in 6.10 by providing security to the amount of our payment claim.
6.12 Charging against our own claims is only possible in the case of provable and legally binding counter claims. A right of retention from earlier or other business transactions within the business relations cannot be claimed. Unilateral deductions from the invoice due to disposal of packing material especially transport packaging are not permitted.
6.13 ZENDOME.shop is not obliged to more than three attempts of delivery. Any additional costs have to be paid by the customer.

Trade customers are also subject to the following:
6.14 A trade customer is in arrears if he does not pay after within 30 days of invoicing or any other payment summons. If the point of time of invoicing or payment summons is not clear, the 30 day credit period begins with when the goods have been received.
If the customer is consumer he is subject to the following:
6.15 If the customer is private according to § 13 BGB he is explicitly informed that the price is payable with the date of invoicing. The customer is in arrears if he does not pay within a 30 day period from the day of invoicing. This 30 day credit period starts independently of the invoicing as soon as the goods have been received. The amount of default charges is subject to §§ 288 Abs. 1, 247 BGB.


7. Reservation of proprietary rights

7.1 We reserve the right of property for our goods until the complete price has been paid. For goods supplied to trade customers, we reserve the right of property until all claims resulting from the business relation including future claims from simultaneous or later signed contracts have been paid. This also applies if single or all claims have been included in the current invoice that has been balanced and accepted.
7.2 If there is an open Bill of Exchange relating to payment by a customer, our proprietary rights continue until such time as the bill is paid.
7.3 The customer has to inform us if third parties have access or rights to the pending goods. He may only sell the goods within his usual business subject to his usual terms and conditions and only as long as his payments are not delayed, and as long as the claims subject to the further sale are transferred to us according to 7.4 of our general terms and conditions. He may not dispose of the goods in any other way.
7.4 The customer transfers the claims from this sale to us.
7.5 If the goods are sold together with other goods not provided by us, our claim is that of the percentage by value our goods have within the entire sale.
7.6 The customer has the right to collect his claims from the sale as long as we do not revoke this authorization in accordance with the situations described in 6.11.
At our demand he is obliged to inform his customers of our claims – if we do not do this ourselves – and hand over all the necessary information (e.g. name and addresses of his debtors). The customer is not permitted to hand over these claims to any other party (e.g. banks).
7.7 An assignment as in a real Factoring is permitted only in the case that the customer names the Factoring bank as well as the accounts there and the factoring proceeds exceed our claims.
Our claims are payable as soon as the factoring proceeds are credited.
7.8 If required by the customer, we will release any securities provided by him with a realisable value in excess of 120% of the value of our claim.


8. Warranty/ Complaints/ Compensation

For any faults according to § 434 BGB we are liable as follows:
8.1 The customer himself is liable if rights especially copyrights of third parties are violated due to carrying out this order. The customer has to free ZENDOME.shop of any such legal violations of third parties.
ZENDOME.shop can at any time demand proof of the right to use names or copyrights from the customer.
8.2 The customer may not violate existing laws, morals or rights of third parties (name, copyright, privacy) with the form, contents or objective of his desired print.
The customer guarantees not to order any print that is pornographic, incites to violence, hatred or crime, provides instructions leading to criminal acts, or is in any way provocative or insulting.
8.3 Infringement of the form, contents or objective of the required print according to legal restraints, morals and rights of third parties (name, copyright and privacy) does not constitute a fault or lack of rights that ZENDOME.shop is subject to. Material defects claims do not exist in such a case.
8.4 Obvious and visible damages to the delivered goods, including transport damages have to be notified within one week of delivery in written form exactly describing the fault by fax or email. If a fault of the goods is present at the transfer of risk, ZENDOME.shop will either eliminate the fault or organize the delivery of new and flawless goods. In the case of eliminating a fault, ZENDOME.shop is obliged to pay for all actions needed, including transport, workforce or material costs as long as these costs are not increased due to the fact that the goods have been brought to a location other than the designated one. In the case of a replacement the customer is required to return the faulty goods if requested. If the fault cannot be remedied with in an adequate time frame, is connected to high costs, unacceptable or not to be realized due other reasons, the customer has the right to withdraw from the contract or reduce the price. In the case of minimal faults the customer has no right to withdraw from the contract.
8.5 Product features are not guaranteed by ZENDOME.shop unless this guarantee is explicitly stated.
8.6 In the case of transport damage the goods are to be left in the exact condition as when the fault was realized.
If the customer is entrepreneur, the following applies:
8.7 Towards trade customers we are only liable for such public statements, especially in advertising, which where organized by us or that we had explicitly referred to at the signing of the contract. In such cases of active public statements we only take responsibility if such a statement has actually influenced the buying decision of the commercial customer.
8.8 In the case of justified reclamations we are entitled to decide on the nature of compensation (new delivery or repair) according to the actual damage or fault and in the best interest of the customer.
8.9 In the case of an trade customer buying used goods the claims to a defect of material quality are excluded. Any claims to a defect of material quality when buying new goods are valid for 12 months. For private customers buying used goods the warrantee is 12 months. Statute of limitations for claims of a defect of material quality by consumer customers are subject to appropriate laws. This is also the case if we are liable due to other laws.
8.10 Variations of the delivered goods in colour, surface or strength compared to the presented sample can only be subject of complaint by the customer if the variation is very explicit. Variations in colour, surface and strength due to raw material are no grounds for a complaint. Should there ever be a shortage due to our suppliers we reserve the right to deliver an equivalent item.


9. Compensation claims

Damage or expense compensation claims by the customer (compensation claims in the following text) no matter due to which legal issue, especially due to infringement of liability obligations or unauthorized actions are excluded. This does not apply when liability or exercise risk are explicit or a liability according to product liability laws, when damaging life, body or health of a person in the case of negligence or the breach of essential contract obligations. The right to compensation claims due to the breach of essential contract obligations is limited to the expected damages or faults concerning the contract as long as it was not realized due to grossly negligent conduct or caused any damage of life, body or health of any person. A change of the burden of evidence to the disadvantage of the customer does not ensue.
10. Assignment
The assignment of claims that the customer has due to the business relationship is excluded.
11. Legal domicile, place of jurisdiction, applicable law:
11.1 In the case that the customer does not have a residence in Germany or it is not known to ZENDOME.shop at the commencement of proceedings or the customer is a trade customer, owns special assets subject to public law or is a corporate body of public law, Berlin is the place of jurisdiction. This applies to all disputes arising from the business relationship.
11.2 For contracts with trade customers, corporate bodies of public law and assets subject to public law the place of fulfilment for delivery as well as payment, is Berlin. However, ZENDOME.shop has the right to sue the customer at his own place of jurisdiction.
11.3 Applicable law is that of the Federal Republic of Germany. Conflicts of law as well as agreements of the United Nations concerning international trade of goods (CISG) do not apply.
11.4 So long the customer is a consumer the applicable law is that of the Federal Republic of Germany if no other legal regulations, especially concerning consumer protection, apply.
12. Safeguarding clause
Should any one article of these general terms and conditions be ineffective this does not touch the others. In such a case, the contracting parties pledge to replace such an article with one that comes closest in terms of the required legal and commercial sense. The same applies to possible inadequacies in legislation.


10. Assignment

The assignment of claims that the customer has due to the business relationship is excluded.


11. Legal domicile, place of jurisdiction, applicable law:

11.1 In the case that the customer does not have a residence in Germany or it is not known to ZENDOME.shop at the commencement of proceedings or the customer is a trade customer, owns special assets subject to public law or is a corporate body of public law, Berlin is the place of jurisdiction. This applies to all disputes arising from the business relationship.
11.2 For contracts with trade customers, corporate bodies of public law and assets subject to public law the place of fulfilment for delivery as well as payment, is Berlin. However, ZENDOME.shop has the right to sue the customer at his own place of jurisdiction.
11.3 Applicable law is that of the Federal Republic of Germany. Conflicts of law as well as agreements of the United Nations concerning international trade of goods (CISG) do not apply.
11.4 So long the customer is a consumer the applicable law is that of the Federal Republic of Germany if no other legal regulations, especially concerning consumer protection, apply.


12. Safeguarding clause

Should any one article of these general terms and conditions be ineffective this does not touch the others. In such a case, the contracting parties pledge to replace such an article with one that comes closest in terms of the required legal and commercial sense. The same applies to possible inadequacies in legislation.