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1. General
The following General Terms and Conditions of Business apply to all business relations between our customers and us. The version which is valid at the time of concluding the agreement is decisive. General Terms and Conditions of Business which differ from these, are opposed to them or supplement them do not form part of the agreement even when they are known, unless it is expressly agreed in writing that they shall apply.
By placing an order, the customer confirms his agreement to the general terms and conditions of business, payment and supply below. The company Brigitte Glock (referred to below as Zoo Exklusiv GmbH) concludes agreements with customers. Any amendment between the contracting parties is only effective when this has been confirmed in writing by Zoo Exklusiv GmbH by fax or email.

2. Conclusion of agreement
Our quotations are subject to confirmation and non-binding. We reserve the right to make reasonable technical or other amendments.
With his order the customer declares his binding offer to enter into an agreement. For goods ordered electronically we will confirm receipt of the customer’s order immediately. Confirmation of receipt does not however represent any binding acceptance of the order. Confirmation of receipt only represents a declaration of acceptance when we expressly state this.
We are entitled to accept the offer to enter into an agreement contained in the order within 2 weeks. For goods ordered electronically we are entitled to accept the order within 3 working days of our receiving it.
We are entitled to decline to accept an order, for instance after checking the creditworthiness of the customer. We are entitled to limit the order to the quantity normally supplied.
When the consumer orders goods electronically, the text of the agreement is saved electronically and sent to the customer together with the legally effective General Terms and Conditions of Business which it includes by email after the agreement has been concluded.

3. Prices and terms and conditions of payment
All prices include value added tax. The prices at the time the order is received apply. Payment is normally due immediately if nothing different has been agreed. Goods remain the property of Zoo Exklusiv GmbH until they have been paid for in full.
We are entitled to increase prices if the costs of materials, transport etc change.
3a. Payment in advance/bank transfer
In the case of payment in advance, the purchaser makes payment after the agreement has been concluded and before the goods are supplied. Bank accounts in Austria and Germany are available for this. The goods are supplied after payment has been received (as outlined under Point 4). Unjustifiable deductions will not be accepted. Any transfer fees or other bank charges are always to be borne by the purchaser.
3b. Payment on delivery
Payment on delivery applies only for Austria. Any costs incurred through payment on delivery are calculated using the tariff currently in force and are to be borne by the purchaser.
Please note that the charge for payment on delivery is a handling charge made by the logistics company.
3c. Credit cards
The credit card number and expiry date are supplied by the purchaser. The data is transmitted using SSL security. You may view the security certificate at any time via our website. Information is handled in strict confidence and is used only for the purpose of paying the invoice due. We are unable to accept credit card payments for goods purchased via Internet auction companies.
3d. Payment for collection by the customer
No delivery charges apply for collection by the customer. A collection time should be agreed beforehand by email or phone in order to ensure that the goods are ready for collection. When collecting goods yourself you may choose between cash payment, payment by debit card and payment by credit card (Visa or MasterCard)

4. Delivery
Delivery chiefly takes place by parcel service and on an exceptional basis by post.
The fixed delivery rates always apply to only 1 parcel. If for technical reasons it is not possible to pack all the products chosen in one parcel, we will inform you of suggested options by email.
Fixed delivery rates do not apply to products which can not be sent by parcel service, such as aquariums, floor cupboards, glass bowls etc. Special shipment costs apply to these products. We will be pleased to answer enquiries about these by email.
Unless otherwise specified in the product description, goods are generally supplied immediately, but at any event no later than 5 working days after payments is received. In the event of delivery bottlenecks from the manufacturer, interruption of operations or force majeure the delivery period may increase to 30 working days. For special orders made especially for the purchaser the manufacturer’s production times apply. Part deliveries are valid. Subsequent deliveries in connection with this are free of charge for the purchaser and are taken over in full by Zoo Exklusiv GmbH. No claims for compensation due to delays in delivery are admitted. All goods are supplied only under retention of ownership until full payment has been made.

5. Refusal of acceptance
A refusal of acceptance occurs if a purchaser refuses to accept the delivery for no apparent reason. In the event of this, Zoo Exklusiv GmbH is entitled to retain the shipment costs and 25 % of the gross order value. Return transport costs are calculated at the expense of the purchaser.

6. Right of withdrawal (§§ 5a ff of the Consumer Protection Act [Konsumentenschutzgesetz])
In accordance with § 5e of the Consumer Protection Act, the purchaser has the right to withdraw from agreements within 14 working days, calculated to the receipt of delivery of the goods by the purchaser (and not before) or from the day the agreement is concluded. Saturday does not count as a working day. Withdrawal does not have to include a reason, and must be declared in written format. To comply with the required time period, it is sufficient to send a letter, fax ( +43 2734 20540-40) or email to info@zoodiskont.com within the specified period.
Consequences of withdrawal
In the event of an effective withdrawal, any benefits received on both sides are to be returned and any possible use derived (e.g. the advantages gained from usage) is to be compensated. If the goods have deteriorated in quality, zoodiskont may demand compensation for the loss of value. This does not apply if the deterioration of the goods is solely due to their having been inspected, as would have been possible for the customer in a retail shop. The customer can generally avoid the obligation for compensation for loss in value by not making use of the goods as if he owned them, and not doing anything which might adversely affect the value of the goods.  
There is no right of withdrawal for goods which have been specially manufactured, products which have been specially ordered (which are not kept in stock as part of the zoodiskont product range), software which has been opened, lighting appliances and packages of perishable goods which have been opened (e.g. feedstuffs, plants).
Please send the product(s) to:
Zoo Exklusiv GmbH
Im Vögerl 23
3550 Langenlois
We will credit the value of the goods after they have been inspected (in respect of the packaging, use etc.). When exercising the right to withdrawal, the consumer is obliged to return the goods to us if they can be sent by parcel. When exercising the right to withdrawal the consumer is obliged to pay the costs of returning the goods. (for german customers: the refund will be free of transport costs for the customer if the amount of the value of goods is over the 40,-- euro limit)

7. Warranty, guarantee, liability
The statutory claims under guarantee apply. No warranty or guarantee is accepted for damages caused by inappropriate use or for parts subject to wear (except for production faults). Demands for regress in the sense of §12 of the Product Liability Act [Produkthaftungsgesetz] are excluded.
The statutory warranty periods from the respective manufacturers apply to all products ordered from Zoo Exklusiv GmbH. You will find these on the guarantee cards attached to the individual products. If the guarantee is applied, this should be done using the manufacturer’s address shown on the guarantee card.
In all cases we will meet the customer’s claims under guarantee by our choice of either exchange, repair within an appropriate period or price reduction. The customer may only request the cancellation of the sale (cancellation of the agreement) if there is a substantial defect which can not be remedied by means of exchange or repair and a price reduction does not appear acceptable to the customer. No claims for compensation may be lodged.
The warranties specified under Point 8 Damages in transit apply to tubing and burners of all kinds.
Zoo Exklusiv GmbH accepts no liability for consequential damage.

8. Damage in transit
Goods must be inspected immediately upon receipt for possible damage in transit. If any external damage is evident, this must be immediately documented with the delivery staff. (The damage in transit must immediately be brought to the attention of the delivery staff (postal or parcel service) and documented on site, and must also immediately be reported in writing by registered letter or by email to the transport company and to Zoo Exklusiv GmbH). By signing on receipt of the parcel the customer acknowledges that delivery has taken place without damage (this also applies if the parcel is accepted by third parties). Later claims arising from damage in transit can not be accepted, with the exception of hidden defects caused by damage in transit. These are to be notified as defects in writing within 48 hours of being discovered, to both the transport company and Zoo Exklusiv GmbH

9. Retention of title
All goods are supplied subject to retention of title and remain the property of Zoo Exklusiv GmbH until full payment has been received.
The customer is obliged to handle the goods with care whilst retention of title is still in force. If maintenance and inspection work is required the customer has to undertake this regularly at his own expense. The customer must inform us immediately in writing of all access to the goods by third parties, especially enforcement measures, as well as any damage to the goods or their destruction. The customer must immediately inform us of any change in ownership of the goods or any change in his own address. The customer must compensate us for all damages and costs arising due to any breach of these obligations or necessary intervention measures to prevent access to the goods by third parties.
In the event that the customer behaves contrary to the agreement, especially in the event of a delay in payment, we are entitled to withdraw from the agreement and to reclaim the goods. Moreover in the event of a breach of duty according to the above terms and conditions we are also entitled to withdraw from the contract and reclaim the goods if we no longer consider it acceptable to comply with the agreement.

10. Data protection, copyright
Zoo Exklusiv GmbH undertakes to handle all information obtained in the course of business confidentially in accordance with the Data Protection Act and not to pass it on to third parties. The customer agrees that in fulfilling this agreement we may save and process the personal information contained in the purchase agreement using automated systems.
All logos, photos, proper nouns etc. are the intellectual property of the respective firms, manufacturers or Zoo Exklusiv GmbH. The customer does not  receive any rights to exploit or utilise these.

11. Place of fulfilment and place of jurisdiction
The place of fulfilment and the place of jurisdiction for claims by both sides is Langenlois. The Austrian court which has competence for our Head Office both objectively and by reason of its location is agreed as the place of jurisdiction for all disputes arising directly from the agreement. If the customer is a consumer, this place of jurisdiction is only agreed if the customer has his place of residence, his normal place of stay or his place of employment in the area served by this court, or if the customer lives abroad. It is taken as agreed that Austrian law applies. The terms and conditions of the United Nations Convention on the International Sale of Goods do not apply. The agreement is written in German.

Zoo Exklusiv GmbH  – Online shop
Im Vögerl 23, 3550 Langenlois, Österreich
Tel.: +43 2734 20540, Fax.: +43 2734 20540-40, Email: info[a]zoodiskont.com
UID-No.: ATU65486048, Registration Nr.: FN340331m

Version as of 2013/08

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