General Terms and Condition

1. General, Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as GTC) apply to all contracts of Zybala GmbH, Am Pellerbruch 16, D-21271 Hanstedt (hereinafter referred to as Zybala GmbH), which the customer concludes via the website www.herzlieb-serie.de.

1.2 Deviating, conflicting, or supplementary terms and conditions shall not become part of the contract, even if Zybala GmbH does not expressly object to them, unless they are expressly recognized by Zybala GmbH.

1.3 In relation to natural or legal persons or partnerships with legal capacity who, when

concluding the contract, are acting in the exercise of their commercial or independent professional activity

(entrepreneurs), these General Terms and Conditions shall also apply to further business relationships without the need for a new agreement or reference.


2. Contractual Partners, Conclusion of the Contract, Contract Language

2.1 The customer’s contractual partner is Zybala GmbH, represented by its managing directors André Nikolas Zybala and Melanie Zybala, Am Pellerbruch 16, D-21217 Hanstedt, Tel.: +49 1522 6567278,

email: zybala-gmbh@herzlieb-serie.de, web: www.herzlieb-serie.de, registered in the commercial register of the Lüneburg Local Court under registration number HRB 210093.

2.2 A contract is concluded through an offer and its acceptance. The presentation and description of the products on the website www.herzlieb-serie.de of Zybala GmbH do not constitute an offer in the legal sense. By making an inquiry, the customer requests the seller to submit an offer.

2.3 On the website www.herzlieb-serie.de of Zybala GmbH, the customer can select products and place them in the virtual shopping cart by clicking on the “Add to cart” button. In this virtual shopping cart, the customer will also find an overview of all the goods they have placed there. When the customer clicks on the “Send request” button, a new page entitled “Contact form” opens. Here, the customer enters their personal data (name and email address) and, if applicable, an “individual message” as free text. Once the customer has entered everything correctly, they click on the “Send your message” button. The customer then receives a copy of their request at the email address they provided.

Based on the inquiry, Zybala GmbH will prepare a personalized offer, which will be sent to the customer in PDF format by email, including its terms and conditions. The offer (Offer) includes the costs for the products themselves, estimated delivery costs, and the delivery date.

The customer confirms in writing by email that they accept the offer and receives an order confirmation (OC) as a PDF document from Zybala GmbH by email.

2.4 The language of the contract is German.

3. Storage of the contract text

3.1 The contract documents will be stored at Zybala GmbH for at least twelve months after receipt of an order from the customer. If the customer loses their order documents, they can contact Zybala GmbH by mail, email, or telephone. Zybala GmbH will send the customer the requested documents upon request.

4. Price Information, Due Date

4.1 The prices specified in the order confirmation (AB) for an order by Zybala GmbH shall apply.

4.2 All price indications on the website “www.herzlieb-serie.de” of Zybala GmbH are in EURO, include the statutory value-added tax, and are exclusive of shipping costs.

4.3 Unless otherwise agreed, invoices issued by Zybala GmbH are due immediately and payable without deduction.

5. Payment, Payment Methods

The customer has the following payment methods available: Bank transfer

5.1 Upon receipt of the order, the customer will receive information from Zybala GmbH with their order confirmation regarding the total amount of their order, including shipping costs.

Zybala GmbH will send the products to the customer after completion.

On the shipping date, Zybala GmbH will send the invoice in PDF format to the customer by email. The invoice amount must be transferred immediately upon receipt of the goods by bank transfer to the account specified on the invoice.

6. Shipping, Shipping Costs

6.1 During the ordering process, the customer will be informed by the offer (AN) of the shipping costs and the shipping service provider used to ship the order.

Preferably, the order will be shipped with DHL (standard) to the specified delivery address, to a post office branch, or to a packing station. 

Zybala GmbH may determine the shipping method, shipping route, and the company commissioned with the shipping at its discretion, unless the customer gives express instructions.

7. Delivery

7.1 Zybala GmbH is entitled to partial deliveries, provided this is reasonable for the customer.

7.2 Available products will be delivered by Zybala GmbH within 5 business days.

8. Right of Withdrawal

8.1 Cancellation Policy

If the customer is a natural person who concludes a legal transaction for a purpose that can predominantly not be attributed to their commercial or independent professional activity (consumer), they are entitled to a right of withdrawal in accordance with § 312g BGB in conjunction with § 355 BGB.

Cancellation Policy

Right of Withdrawal

You have the right to withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, has taken possession of the last goods.

To exercise your right of withdrawal, you must inform us, Zybala GmbH, Am Pellerbruch 16, D-21271 Hanstedt, Germany, Tel.: +49 1522 6567278, email: zybala-gmbh@herzlieb-serie.de, by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract.

To comply with the withdrawal period, it is sufficient that you send the notification of exercising the right of withdrawal before the withdrawal period expires.

Consequences of withdrawal

If you withdraw from this contract, we will refund you all payments we have received from you, including delivery costs (except for the additional costs resulting from your choice of a different type of delivery than the least expensive standard delivery we offer) without delay and no later than fourteen (14) days from the day we receive the notification of your withdrawal from this contract. For this refund, we will use the same payment method that you used for the original transaction, unless something else has been expressly agreed with you; in no case will you be charged fees for this refund.

We can refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier date.

You must return the goods to us immediately and in any case no later than fourteen (14) days from the day you informed us of the withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period expires.

You bear the direct costs of returning the goods.

You must only bear the costs for any potential loss in value of the goods if this loss in value is due to handling that is not necessary for inspecting the nature, characteristics, and functioning of the goods.

– End of the cancellation policy –


9. Return shipping costs in case of cancellation
In the event of cancellation, the customer is responsible for the direct costs of returning the goods in accordance with § 357 para. 6 BGB.


10. Retention of title, Offsetting

10.1 Until full payment is made, the delivered goods remain the property of Zybala GmbH.

10.2 The customer is obligated to inform Zybala GmbH in writing immediately upon becoming aware of any access by third parties to the reserved items.

10.3 The customer is not entitled to sell, give away, pledge, or assign as security any items subject to retention of title.


11. Defect Liability

11.1 The statutory liability for defects applies.

11.2 The customer’s statutory warranty claims remain unaffected in the event of the existence or acquisition of a guarantee for the ordered goods.

11.3 If the customer is an entrepreneur, claims for defects in the purchased item shall expire within one year from the date of delivery. The one-year limitation period for defect claims does not apply if the law mandatorily prescribes a longer limitation period (e.g., according to the Product Liability Act, in cases of fraudulent concealment of a defect, in cases of assumption of a quality guarantee, or in cases of contractual liability for damages resulting from injury to life, body, or health due to intentional or negligent breach of duty by Zybala GmbH, its legal representatives, or vicarious agents).

11.4 Customers must report obvious defects in the goods to Zybala GmbH in writing or in text form within two weeks of receiving the goods; otherwise, the assertion of warranty rights is excluded. To meet the deadline, it is sufficient to send the defect notification in a timely manner.

11.5 For defects in the goods, Zybala GmbH initially provides a warranty at its own discretion through repair or replacement.

11.6 Information on the function and application of the goods or other technical details is provided by Zybala GmbH to the best of their knowledge and based on existing experience.


12. Liability

12.1 Zybala GmbH is liable for intent and gross negligence. For simple negligence, Zybala GmbH is only liable for the breach of a duty whose fulfillment is necessary for the proper execution of the contract and on which the customer can regularly rely (cardinal duty). Furthermore, liability for damages of any kind, regardless of the basis of the claim, including liability for fault at the time of contract conclusion, is excluded.

12.2 If Zybala GmbH is liable for simple negligence in accordance with Section 12.1, liability shall be limited to the damage that Zybala GmbH could reasonably have expected to occur based on the circumstances known at the time the contract was concluded.

12.3 The disclaimers and limitations of liability pursuant to Sections 12.1 and 12.2 shall not apply if Zybala GmbH has assumed a guarantee of quality, nor shall they apply to damages that are to be compensated for under the Product Liability Act, nor to damages to life, limb, or health, nor to statutory claims.

12.4 The disclaimers and limitations of liability pursuant to Section 12 shall also apply in favor of employees, assistants, and other third parties used by Zybala GmbH to fulfill the contract.

13 Complaints

Customer satisfaction is very important to Zybala GmbH. However, should there ever be

cause for complaint, customers can send their complaint to Zybala GmbH in writing (Am Pellerbruch 16, D-21217 Hanstedt, Tel.: +49 1522 6567278, email: zybala-gmbh@herzlieb-serie.de, web: www.herzlieb-serie.de). As soon as Zybala GmbH receives a complaint, it will be processed immediately and analyzed with regard to possible potential for improvement. You will receive feedback once the complaint has been processed.

14. Final Provisions

14.1 These General Terms and Conditions are subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

In business transactions with consumers within the European Union, the law of the consumer’s place of residence may also apply, provided that it concerns mandatory consumer protection provisions.

14.2 If the customer is a merchant within the meaning of § 1 HGB (German Commercial Code), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from and in connection with the contractual relationship

and the place of performance for payments, delivery and services shall be the registered office of Zybala GmbH. In such a case, however, Zybala GmbH is also entitled to sue the customer at their place of residence.

14.3 Should any of the above provisions be or become invalid, this shall not affect the validity of the remainder of the contract. The invalid provisions shall be replaced by the statutory provisions, if any.