Terms of service

This English version is provided for information. The German version is legally binding.

§ 1 Scope

(1) These general terms and conditions (T&C) apply to all contracts for the supply of goods concluded via our online shop at ziener.com between Franz Ziener GmbH & Co. KG, Schwedengasse 5, 82487 Oberammergau, Germany (hereinafter “Ziener” or “we”) and our customers (hereinafter “customer”).

(2) Customers may be consumers or businesses. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 BGB). A business is a natural or legal person or a partnership with legal capacity acting in the exercise of its trade, business or profession when entering into the legal transaction (§ 14 BGB).

(3) Provisions that apply only to consumers or only to businesses are marked as such. The special provisions in § 13 additionally apply to businesses.

(4) As against businesses, these T&C apply exclusively. Deviating, conflicting or supplementary terms of the customer only become part of the contract if we have expressly agreed to them in writing.

(5) Orders from specialist retailers and other business customers outside this online shop, such as pre-orders, re-orders through our sales representatives or the B2B portal, are governed exclusively by our general terms and conditions for business customers.

(6) Contracts can be concluded in German and English. The German version of these T&C is legally binding; the English version is provided for information.

§ 2 Delivery area

We deliver only to delivery addresses in Germany and Austria. Details on shipping costs and delivery times can be found in our shipping policy, which is linked in the footer of our online shop.

§ 3 Conclusion of contract and ordering process

(1) The presentation of products in our online shop does not constitute a legally binding offer but a non-binding invitation to place an order.

(2) The ordering process consists of the following steps:

Selecting the product and, where applicable, size and colour, and clicking “Add to cart”.
Opening the cart and clicking “Checkout”.
Entering contact details and delivery and billing address, either as a guest or with a customer account.
Selecting the shipping method and payment method.
Reviewing all details on the final order summary.
Submitting the order by clicking the button “Order with obligation to pay” (“Zahlungspflichtig bestellen”).

(3) Before submitting the order, you can review your entries at any time and correct them using the “Change” or “Back” links, by adjusting quantities in the cart, or with your browser's back function. You can cancel the ordering process at any time by closing the browser window.

(4) By clicking “Order with obligation to pay” you submit a binding offer to purchase the goods in the cart.

(5) Immediately after submitting your order you will receive an email with the order confirmation. With this order confirmation we accept your offer; the contract is concluded when this email is received.

(6) We store the text of the contract. We send you the order details, these T&C and the withdrawal notice with the model withdrawal form by email together with the order confirmation. You can also view and print these T&C in our online shop at any time. If you have created a customer account, you can view your orders there.

(7) Please make sure that the email address you provide is correct and that our emails are not blocked by a spam filter.

§ 4 Customer account

(1) You can order as a guest or create a customer account. There is no entitlement to a customer account.

(2) Your login details must be kept confidential. You can have your customer account deleted at any time by sending a message to info@ziener.de. Statutory retention obligations remain unaffected; details can be found in our privacy policy.

§ 5 Prices and shipping costs

(1) All prices in the online shop are final prices in euros and include the statutory VAT of the country of delivery (Germany 19%, Austria 20%). The final price is the same for deliveries to Germany and Austria.

(2) Shipping costs apply in addition to the price of the goods: EUR 6.00 for deliveries to Germany and EUR 10.00 for deliveries to Austria. Shipping is free for orders of EUR 50.00 or more. Shipping costs are clearly shown in the checkout before the order is placed.

(3) Where required by law, we also state the unit price. For price reductions, we state the lowest total price of the 30 days before the reduction.

§ 6 Payment

(1) We accept payment by credit card (Visa, Mastercard, American Express), Apple Pay, Google Pay, Shop Pay, PayPal and Klarna. You can also redeem gift cards (§ 12). The available payment methods are shown in the online shop and in the checkout. Details can be found in our payment terms.

(2) The purchase price is due upon conclusion of the contract. For payment with Klarna, the payment terms of the Klarna option chosen apply.

(3) Where a payment service provider such as PayPal or Klarna is used, its terms of use also apply.

§ 7 Delivery and availability

(1) Goods are delivered by DHL to the delivery address you provide in Germany or Austria. We ship orders within 48 hours on working days. The delivery time from conclusion of the contract is 2 to 4 working days for Germany and 3 to 5 working days for Austria.

(2) If, contrary to expectations, an ordered product is not available after conclusion of the contract, we will inform you without delay and refund any payments already made without delay.

(3) We only make partial deliveries where this is reasonable for you. You will not incur any additional shipping costs as a result.

(4) For consumers, the risk of accidental loss and accidental deterioration of the goods only passes on handover to you or to a person authorised by you to receive them.

§ 8 Retention of title

The goods remain our property until paid in full. For businesses, § 13(5) additionally applies.

§ 9 Right of withdrawal and 30-day return right

(1) Consumers have a statutory right of withdrawal of 14 days. Details are set out in our withdrawal notice on the “Withdrawal and returns” page, which we also send you with the order confirmation. You can also declare your withdrawal online using the “Withdraw from contract” (“Vertrag widerrufen”) button, which can be reached from the footer of every page of our online shop.

(2) In addition, we voluntarily grant all customers a return right of 30 days in total from receipt of the goods. The conditions can be found on the “Withdrawal and returns” page. The statutory right of withdrawal remains unaffected.

(3) The customer bears the cost of the return shipment. This does not apply to the return of defective goods.

§ 10 Liability for defects (statutory warranty)

(1) The statutory rights in respect of defects apply. For consumers, the limitation period for claims for defects in new goods is two years from delivery.

(2) Before you place your order, we inform you of your statutory warranty rights in the checkout by means of the EU-wide harmonised notice. You will also receive this notice with the order confirmation.

(3) Please report obvious transport damage to the carrier immediately where possible and inform us. For consumers, failure to do so has no effect on their statutory rights; it does however help us to assert our own claims against the carrier.

(4) Please report defects to info@ziener.de or via our contact form.

§ 11 Liability

(1) We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee given.

(2) In the event of a slightly negligent breach of an essential contractual obligation, our liability is limited to the damage that was foreseeable and typical for the contract at the time the contract was concluded. Essential contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the customer may regularly rely.

(3) Otherwise, liability for slight negligence is excluded.

(4) The above limitations of liability also apply in favour of our legal representatives and vicarious agents.

§ 12 Discount codes and gift cards

(1) Discount codes: Where we issue discount codes, they are valid only during the stated period, cannot be combined with other promotions unless stated otherwise, and cannot be redeemed for cash. One discount code can be redeemed per order.

(2) Gift cards: You can buy gift cards in our online shop. They are delivered digitally by email and can only be redeemed in our online shop at ziener.com.

(3) Gift cards and remaining balances can be redeemed until the end of the third year after the year in which the gift card was purchased. If a gift card is only partly redeemed, the remaining balance is kept until that date.

(4) You redeem gift cards in the checkout before completing the order; they cannot be applied afterwards. Several gift cards can be redeemed per order. If the balance does not cover the order, you can pay the difference using one of the payment methods offered.

(5) The balance of a gift card is neither paid out in cash nor does it bear interest. Gift cards cannot be used to buy further gift cards.

(6) Gift cards are transferable. Please keep the gift card code safe, as it can be redeemed by anyone who knows the code.

(7) If you return goods that you paid for in whole or in part with a gift card, we credit the corresponding amount back to the gift card.

(8) Gift cards are excluded from the voluntary return right under § 9(2). The statutory right of withdrawal for consumers remains unaffected.

§ 13 Special provisions for businesses

The following provisions apply additionally and with priority to businesses:

(1) Passing of risk: The risk passes to the customer when the goods are handed over to the carrier.

(2) Duty to inspect and give notice: The customer must inspect the goods without delay after receipt and notify us of any apparent defects without delay, at the latest within five working days of receipt, in writing or text form; hidden defects must be notified without delay after discovery (§ 377 HGB).

(3) Liability for defects: In the event of defects, we will at our discretion remedy the defect or deliver goods free of defects. The limitation period for claims for defects is one year from delivery. This does not apply to claims for damages under § 11(1), in the case of fraudulent concealment of a defect, or to recourse claims in the supply chain (§§ 445a, 445b, 478 BGB).

(4) Right of withdrawal: Businesses have no statutory right of withdrawal. The voluntary 30-day return right under § 9(2) also applies to businesses.

(5) Extended retention of title: The goods remain our property until all claims arising from the ongoing business relationship have been settled. The customer may resell the goods in the ordinary course of business; it hereby assigns to us all claims arising from the resale in the amount of the invoice total including VAT. We accept the assignment. The customer remains authorised to collect the claims as long as it meets its payment obligations.

(6) VAT: Prices for businesses also include the statutory VAT of the country of delivery. VAT-exempt intra-community supplies are not available through the online shop.

(7) Set-off: The customer may only set off claims that are undisputed or have been finally established by a court.

(8) Place of jurisdiction: If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our registered office in Oberammergau. We are also entitled to bring proceedings at the customer's registered office.

§ 14 Governing law

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). As against consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence, for example Austria.

§ 15 Consumer dispute resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

§ 16 Accessibility

Information on how our online shop meets the accessibility requirements of the German Accessibility Strengthening Act (BFSG) can be found in our accessibility statement, which is linked in the footer of our online shop.