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1. Scope
The following terms and conditions apply for all orders placed via our online shop.

2. Contracting party, contract conclusion
The sales contract is made with Zoo Exklusiv. The presentation of products on the online shop represents a non-binding online catalogue and not a legally binding offer. By clicking the order button you submit a binding order of the goods contained in the shoppingbasket. The receipt of the order is confirmed at the same time as the acceptance of the order immediately after it has been sent, by way of an e-mail. This e-mail is confirmation of the sales contract. A binding contract may also come about as per the following: If you have opted for payment by credit card, the contract is realized when the credit card is debited.
If you have opted for direct debit, the contract is realized when the account is debited.
If you have opted for a SEPA payment, the contract is realized when notification is received regarding the date on which the account is debited (pre-notification).
If you have opted for payment by PayPal, the contract is realized when PayPal receives confirmation of the payment order.
If you have opted for payment by immediate bank transfer (“Sofortüberweisung”), the contract is realized when SOFORT AG receives confirmation of the payment order.

3. Code of conduct
We are subject to the following codes of conduct:
- Euro-Label Austrian E-Commerce Trust Mark:
URL for code of conduct: http://www.euro-label.com/kodex/index.html

4. Prices
Prices are calculated in euros. The prices given at the time of your order are applicable, including legal VAT and all delivery costs. These are visible in the shopping basket prior to the completion of the contract and in the order confirmation received by the customer afterwards. Delivery costs are calculated in addition to the product prices displayed. More details regarding delivery costs can be found under the ranges and on our delivery costs page. If any import/export duties arise in the course of delivery, the cost is borne by the customer (information regarding this point can be obtained from your local customs authority). VAT is not applied to sales made to customers outside of the EU: these are subject to the respective national import duty. Upon proof of a VAT identification number, German VAT is not applied to sales made to businesses within the EU: these are subject to the VAT in the respective states.
Voucher codes can only be used during the order process. A later reimbursement is hereby ruled out.

5. Payment
In our online shop you may used the following payment methods according to your country of residence:

Advance payment
If you opt for the advance payment method, we will tell you our bank details in the contract confirmation and deliver the goods following receipt of the payment.

Credit card/debit card
Your credit card will be charged following the conclusion of the order. There are € 0 of additional charges incurred upon selection of the credit card payment method.

Direct debit
The purchase price will be debited on your account following the conclusion of the order. There are € 0 of additional charges incurred upon selection of the direct debit payment method.

SEPA direct debit
Provided that you grant us a SEPA mandate, payment occurs by means of a debit from your bank account. The account will be charged prior to the delivery of the goods. You will receive a separate pre-notification regarding the date on which your account will be charged. The deadline for your pre-notification regarding the date on which your account will be charged (pre-notification deadline) is reduced to 0 days. There are € 0 of additional charges incurred upon selection of the SEPA direct debit payment method.

The invoice amount is paid via the online provider PayPal. You must first be registered or register with the service, approve your access information and confirm the payment order (with the possible exception of guest access). You will receive further information during the order process. There are € 0 of additional charges incurred upon selection of the PayPal payment method.

Immediate bank transfer (“Sofortüberweisung”)
We also offer immediate bank transfer (“Sofortüberweisung”). With this method, we receive the transfer invoice immediately, which speeds up the entire order process. For this, you only need an account number, a bank sort code, PIN and TAN. Via the Sofort AG secure payment form, which is not accessible to retailers, ‘sofortüberweisung’ carries out a transfer from your online bank account automatically and in real time. The purchase amount is then transferred immediately and directly into the bank account of the retailer. If you choose the immediate bank transfer payment method, a pre-completed form will open at the end of the order process. This includes our bank details. Furthermore, the transfer amount and purpose are already indicated on the form. You must then select the country of your online bank account and enter the bank sort code, then enter the same information used for registering for online banking (account number and PIN). Confirm your order by entering the TAN. You will receive immediate confirmation of the transaction. As a basic principle, every Internet user can use the immediate bank transfer payment method if he/she has an active online bank account with a PIN/TAN system. Please note that the immediate bank transfer payment method is not yet available with some banks. More information about whether your bank uses this service is available at:
https://www.sofort.com/ger-DE/general/fuer-kaeufer/fragen-und-antworten/ There are € 0 of additional charges incurred upon selection of the immediate bank transfer payment method.

6. Retention of Ownership
The goods remain our property until full payment has been made. If you are an enterprise exercising your industrial or independent professional activity, a legal entity under public law or a special fund under public law, we retain ownership of the purchased item until the settlement of all open claims from the business relationship with the customer. The relevant security interests should be transferred to a third party. You only have the right of retention if your counterclaims have been determined legally binding, or are undisputed or acknowledged by us. Furthermore, you only have the right of retention if and insofar as your counterclaim is based on the same contractual relationship. Should the customer fall into arrears with regard to any payment obligations, all outstanding payments are due immediately.

7. Damages in transit
Should goods be delivered with obvious damages caused in transit, please report it to the delivery agent as soon as possible and contact us without delay. Failure to make a timely complaint or contact will have no consequences for your legal claims or their implementation, particularly your statutory warranty rights. However, it is helpful to us when asserting our claims against the carrier or transport insurance.

8. Warranty, Guarantee
The warranty is in compliance with the legal provisions (6 months after the receipt of goods). In cases of justifiable complaints regarding defects, either a replacement or improvement is made free of charge, for which a certain time period is to be granted. If an exchange or improvement does not take place (not possible, too complicated, unreasonable, delay of a deadline), the customer is entitled to a reduction in price or, for major defects, a cancellation of the contract (rescission). Defects are to be disclosed upon delivery or when detected, wherein a failure to disclose this information upon delivery or detection by the customer does not exert any influence on the warranty claim. If the purchase represents a commercial transaction for the customer (B2B), he is obligated to examine the goods a maximum of two weeks following the receipt and to report any defects to us immediately. Our company is only liable for damages of intent and gross negligence. This does not apply to damages to individuals or consumer transactions. The occurrence of slight or gross negligence must be proven by the aggrieved party, unless it relates to consumer business. We exclude all liability for consequential damage and other property damage or financial damage and claims from third parties against the customer, unless it relates to consumer business. As the operator of the web shop named in the legal notice, our company performs the service with great care, but we are not liable for services made available by or sourced from third parties. The guarantor (the manufacturer/ sometimes also the retailer, if this is also the manufacturer) is responsible for asserting the guarantee and it complies with their provisions. The legal warranty is not restricted by claims made under the guarantee.

9. Customer service
Our customer service is available for enquiries, complaints and claims from Monday - Friday between 9am and 6pm at the telephone number +43 (0) 2734 20540 or by e-mail at office@zoodiskont.com. Enquiries will generally be answered on the same day or within 3 working days.

10. Right to cancellation
Customers have 14 day right to cancellation.
Right to cancellation

You have the right to cancel this contract within 14 days without stating any reason. The cancellation period refers to fourteen days after the day on which you or a named third party who is not the carrier took possession of the goods. In order to exercise your right to cancellation, you are obliged to inform us of your decision to cancel this contract by means of a clear statement (e.g. with a letter sent by post, fax or e-mail) sent to

Brigitte Glock
Im Vögerl 23
A-3550 Langenlois
Phone: +43 (0) 2734 20540
E-mail: office@zoodiskont.com
You may use the attached cancellation form template. However this is not mandatory. It is sufficient for compliance with the cancellation period for you to send notification of the exercise of the right to cancellation before the cancellation period has ended.

Link to cancellation form: Cancellation form

Consequences of cancellation
If you wish to cancel this contract, we are obligated to reimburse all payments that we received from you, including the delivery costs (excluding any additional costs which arose due to a request for a different mode of delivery to the low-price standard delivery which we offer), immediately and at the latest within fourteen days following the day on which we received the notification regarding your cancellation of this contract. For this reimbursement we will use the same payment method which you used for the original transaction, unless another method has been expressly agreed upon; you will not be charged additional fees for this reimbursement. We can refuse the reimbursement until we have received the goods or you are able to prove that you have sent the goods, whichever is earlier. You are obligated to send back or hand over the goods immediately and in every case at the latest within fourteen days following the day on which you notified us of the cancellation of this contract. The time period is deemed observed if you send the goods before the period of fourteen days has ended. You shall bear the direct costs of the return of the goods. You must only pay for any loss in value of the goods if this diminished value resulting from the handling other than what is necessary to ascertain the nature, quality and functioning of the goods can be traced back to you. The right to cancellation does not apply to the following contracts: Contracts regarding sealed goods which are not suitable for return on the basis of health protection or hygiene if the seal was removed after delivery. End of cancellation policy

11. Saving of contract text
We will save the contract text and send you the order information and terms and conditions via e-mail. It is also possible to view and download the terms and conditions on this page at all times. You can view your past orders under our customer login.

12. Contract language
The language available for contract conclusion is german.

13. Arbitration board
We recognise the Internet Ombudsmann as an extra-judicial arbitration board. If you have any further questions regarding dispute settlement, please refer to our customer service: office@zoodiskont.com or the Internet Ombudsmann at: www.ombudsmann.at

14. Place of performance
The place of performance for all transactions is the company location.

15. 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 2014/07

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