General Terms and Conditions

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, customers can also find an overview of all the items they have placed there. When customers click on the “Submit order” button, a new page entitled “Order form” opens. There, the customer enters their personal data (name, address, 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 order” button. The customer then receives a copy of their order at the email address they provided.
Zybala GmbH will prepare a personalized offer (PO) based on a request, which will be sent to the customer in PDF format by email, including its terms and conditions. The offer (PO) includes the costs for the products themselves, estimated delivery costs, and the estimated 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.
Zybala GmbH will issue an order confirmation (OC) based on an order, which will be sent to the customer in PDF format by email, including its terms and conditions. The order confirmation (OC) includes the costs for the products themselves, delivery costs, and the expected delivery date.

2.4 The contract language is German.

3. Storage of the contract text

3.1 The contract documents are 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 stated in the order confirmation (OC) for an order placed by Zybala GmbH apply.

4.2 All prices quoted on the website “www.herzlieb-serie.de” of Zybala GmbH are in Euros, include the statutory sales tax (UStG) of currently 19%, and do not include shipping costs.

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

5. Payment, Payment Methods

The following payment methods are available to the customer: 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 ship the products to the customer upon 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 is informed by the offer (PO) of the shipping costs and the shipping service provider used to ship the order.

Preferred shipping is with DHL (standard) to the specified delivery address, shipping to a post office branch, or shipping 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 make partial deliveries, provided this is reasonable for the customer.

7.2 Available products will be shipped by Zybala GmbH within 5 business days after receipt of the order. However, the date by which Zybala GmbH has delivered the goods to the customer depends not only on Zybala GmbH, but also on third parties. Therefore, it should be noted that the shipping service provider also needs a few days to deliver the goods to the customer. Zybala GmbH cannot accept any liability for adherence to the estimated delivery time. This does not apply if failure to meet the delivery time is due to intentional or negligent behavior on the part of Zybala GmbH.

8. Right of Withdrawal

8.1 Cancellation Policy

If the customer is a natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed (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 (14) days from the day on which you or a third party named by you, who is not the carrier, took 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 your exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen (14) days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.

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

You must return or hand over the goods to us immediately and in any case no later than fourteen (14) days from the date on which you notified us of your withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.

You shall bear the direct costs of returning the goods.

You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties, and functionality.

– End of the cancellation Policy –

9. Return shipping costs in case of withdrawal
In case of withdrawal, the customer shall bear the direct costs of returning the goods in accordance with Section 357 (6) of the German Civil Code (BGB).

10. Retention of title, Offsetting

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

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

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

11. Liability for defects

11.1 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 warranty for the ordered goods.

11.3 If the customer is an entrepreneur, claims arising from defects in the purchased item shall become time-barred within one year of the delivery date. The one-year limitation period for claims for defects does not apply if the law stipulates a longer limitation period (e.g. under the Product Liability Act, in the event of fraudulent concealment of a defect, in the event of an assumption of a quality guarantee, or in the case of liability under the purchase contract for damages resulting from injury to life, limb, or health due to intentional or negligent breach of duty by Zybala GmbH, its legal representatives, or vicarious agents).

11.4 Customers must notify Zybala GmbH of any obvious defects in the goods in writing or in text form within two weeks of receipt of the goods, otherwise the assertion of warranty rights is excluded. Timely dispatch of the notification of defects is sufficient to meet the deadline.

11.5 Zybala GmbH shall initially provide warranty for defects in the goods at its own discretion by repair or replacement.

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

12. Liability

12.1 Zybala GmbH shall be liable in cases of intent and gross negligence. In cases of simple negligence, Zybala GmbH shall only be liable if it has breached an obligation whose fulfillment is essential for the proper execution of the contract and on whose fulfillment the customer may regularly rely (cardinal obligation). Furthermore, liability for damages of any kind, regardless of the basis for the claim, including liability for fault in contracting, 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 engaged by Zybala GmbH for the purpose of fulfilling the contract.

13 Complaints

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

cause for complaint, customers can submit 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 is processed immediately and analyzed with regard to potential for improvement. Once the complaint has been processed, you will receive feedback.

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.