Terms & Conditions

 Terms and Conditions

• § 1 Scope

For the business relationship between Zstor GmbH and the purchaser, who is an entrepreneur or a legal entity under public law, the following general terms and conditions apply exclusively Terms and Conditions in their version valid at the time of the order. Deviating conditions of the customer do not recognize the Zstor GmbH, unless there is an explicit written approval.

• § 2 Contract conclusion

The order represents an offer to Zstor GmbH to conclude a purchase contract. If you place an order with Zstor GmbH, we will send you an e-mail confirming receipt of the order Order confirmed with us and their details listed (order confirmation). This order confirmation does not represent an acceptance of the offer, but is only intended to inform that the Order has been received by us. A purchase contract is only concluded when we send the ordered product to you within 14 days or the order with a second e-mail (Order confirmation). If the customer does not have a deliverable e-mail address, the Order confirmation with delivery of the goods. There are no sales contracts for products from one and the same order that are not listed in the order confirmation. On sale the ordered goods will be informed immediately. We do not take delivery guarantee. Zstor GmbH reserves the right to deliver replacement items of the same type and quality.

• § 3 Prices and Terms of Payment

1. For all deliveries and services the list prices apply at the time of the order. Our prices are in Euro plus the time of the conclusion of the contract valid VAT, delivery and shipping costs, as well as other ancillary services (such as training, installation, separate accessories or software options, etc.), unless expressly so other is agreed.
2. Our invoices are due upon receipt and without any deductions.
3. In the case of goods or services delivered or rendered in the framework of continuing obligations and on delivery of goods or provision of services later than 3 months after Conclusion of contract is Zstor GmbH entitled to price adjustment.
4. Offsetting against counterclaims can only be asserted by the buyer if the counterclaim is undisputed or has been legally established. To exercise a right of retention the purchaser is only authorized to the extent that his counterclaim is based on the same contractual relationship.

• § 4 Delivery

1. Information about the estimated delivery time is not binding, unless we specifically assure a delivery date in individual cases, because the mail flow is not subject to our influence. If, in the event of an expressly agreed delivery date, we are in default of delivery and the customer gives us a grace period, this shall be at least 2 weeks.
2. Partial deliveries are permissible insofar as they are reasonable for the customer.
3. The Zstor GmbH is free without the express instruction of the purchaser to determine the mode of dispatch, the company commissioned with the dispatch and the dispatch route at its reasonable discretion. The Delivery of parcel-shipping goods is free curbside. If the goods are not ready for parcel delivery, the delivery will be free delivery office.
4. The price risk is transferred to the customer as soon as the goods are handed over by us to the commissioned logistics partner.
5. We expressly reserve the right to withdraw from the contract if we should not be in a position to deliver the ordered goods without our own fault, because the supplier has his contractual obligations. In such a case, we will inform the customer immediately about the non-deliverability of the goods and any payments already made immediately refund to the customer. Legal claims remain unaffected.
6. Is the delivery of the ordered goods not possible because the purchaser is not found under the delivery address specified by him, although the delivery date to the purchaser with appropriate Deadline has been announced, the buyer bears the cost of unsuccessful delivery.

• § 5 Transport damage / preclusion period for notification of defects

If goods are delivered with obvious damage to the packaging or contents that can be discerned without careful examination, the orderer has this without prejudice to its warranty rights no later than three weeks after receipt of the goods the Zstor GmbH under telephone: + 49-2131-386764-0 to communicate. For the orderer, the standard of assessment of § 377 HGB applies. 

• § 6 Retention of title

1. The delivered goods remain our property until full payment of the purchase price. Before transfer of ownership is a pledge, transfer, processing or Reshaping without explicit consent by us not allowed.
2. We reserve the right of ownership of the object of delivery to the customer until the receipt of all payments from the business relationship. The reservation of title extends into In this case also on the recognized balance when we book claims against the buyer in current invoices (current account reservation). The customer is entitled to the goods in ordinary business continues to sell. The customer hereby assigns all claims in the amount of the gross invoice amount to Zstor GmbH, which are derived from the resale against his buyers or third parties. This applies regardless of whether the goods have been processed or not. The customer remains authorized to collect the claim for the assignment. Zstor GmbH may, at its option, collect the claim itself. We will not collect the claim as long as the buyer meet his payment obligations to Zstor GmbH complies and is not in default. In the case of late payment, the purchaser is obliged to provide all information required to collect the claim and to contact us at Receipt of the claim to support.

• § 7 Warranty

1. Damage caused by improper or non-contractual measures of the customer, e.g. during installation, use, connection, operation or storage no claim against the Zstor GmbH. The inaccuracy and lack of conformity are determined, in particular, by the information provided by the manufacturer, which is attached to the goods.
2. Zstor GmbH is not liable for data loss, unless this is due to intent or gross negligence of Zstor GmbH. When submitting defective goods, the purchaser has on his own Costs and at your own risk to make a backup.
3. The warranty period for new goods is one year from receipt of the goods. This does not apply if longer periods are prescribed by law. Both also do not apply as soon as the Warranty claim for damages and the claim to gross negligence or intent or the breach of essential contractual obligations, i. Duties, their fulfillment the proper execution of the contract in the first place and on the compliance of which the contractor may regularly rely, by the Zstor GmbH or their Vicarious agents. Claims for damages due to injury to life, limb or health or under the Product Liability Act remain unaffected. The same applies to breaches of duty by our vicarious agents. In case of breach of material contractual obligations, liability in cases of ordinary negligence on the damages that are typical Manner associated with the contract and are predictable, limited. The warranty for used goods is excluded, thus does not extend to the normal operating Wear or normal wear.
4. If the goods have a defect, we, in companies and legal entities of public law, subject to the timely notice of defects, at our discretion repair or replace. The Zstor GmbH is always given the opportunity to remedy within a reasonable time.

• § 8 Privacy

1. The buyer agrees that the personal data transmitted by him are stored electronically with us. We are entitled to the data required for the execution of the contract to pass on to the processing of the contract engaged third parties.
2. Your orders will be stored with us. If you lose your documents to your orders, please contact us by e-mail, fax or telephone. We will send you an e-mail Copy of the data of your order gladly, if the order is not more than one year ago.

• § 9 Right of withdrawal for distance contracts

For contracts which we use only by means of remote communication means such as e.g. Telephone or Internet etc. close with consumers, the following cancellation policy applies § 355 Civil Code:

Cancellation
Withdrawal

1. You can cancel your contract within two weeks without giving reasons in writing (eg letter, fax, e-mail) or - if the case before the deadline Revoke the return of the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods at the recipient (in the case of recurrent delivery more similar Goods not before receipt of the first partial delivery) and also not before fulfillment of our information obligations according to § 312 c Abs. 2 BGB in connection with § 1 exp. 1, 2 and 4 BGB-InfoV, as well as before Fulfillment of our obligations pursuant to § 312e para. 1 sentence 1 BGB in connection with § 3 BGB-InfoV. To maintain the cancellation period, the timely dispatch of the revocation or the thing is sufficient.The revocation must be sent to: Zstor GmbH St.Georg Str.6 41564 Kaarst Fax: + 49- (0) 2131-386764-9 Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Consequences of Withdrawal

In the case of an effective cancellation, the mutually received benefits and any benefits (eg interest) surrendered. Can you receive us the You may not be able to reimburse us in whole or in part, or only in a deteriorated condition. This does not apply to the transfer of property if the Deterioration of the matter exclusively on their examination - as they would have been possible in a shop - due. Incidentally, you may be required to pay for avoid a deterioration caused by the intended use of the item by not using the item as your property and refraining from doing anything, which affects their value. Transportable items are to be returned at our risk. You have to bear the costs of the return, if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed 40 euros, or if you have not yet paid the amount due at a higher price at the time of withdrawal Consideration or a contractually agreed partial payment. Otherwise, the return is free for you. Obligations to reimburse payments must be made within 30 days to be fulfilled. The period begins for you with the dispatch of your revocation or the thing, for us with their receipt.

End of revocation

3. A right of withdrawal does not exist in the following cases:
   a) In the delivery of goods that are made to customer specifications or due to their nature are not suitable for return.
   b) For the delivery of software, provided that the delivered data carriers have been unsealed by the customer.
   c) in the other cases of § 312 d Abs. 4 BGB

• § 10 Liability

1. For other damages than life, body and health damages Zstor GmbH is liable only, as far as these on intentional or roughly negligent action or on culpable injury of a essential contractual obligation, i. an obligation the fulfillment of which enables the proper execution of the contract in the first place and to which the contractual partner regularly adheres trust may be based on the Zstor GmbH or its vicarious agents. Any further liability for damages is excluded. A pre-contractual liability as well as the Provisions of the Product Liability Act remain unaffected. Zstor GmbH assumes no liability for the constant and uninterrupted availability of the goods offered and for technical or electronic errors caused by the ordered goods.
2. If an essential contractual obligation is violated, the liability of Zstor GmbH is limited to the foreseeable damage.
3. The liability is limited by the coverage of our product liability insurance. The insurance conditions can be viewed on demand at any time. 

• § 11 Severability clause, applicable law

1. Should a provision of these general terms and conditions or a provision in the context of other agreement of this contract be ineffective, this affects the effectiveness of other agreements. In place of the ineffective regulation, an appropriate provision shall be made which, within the legally permissible scope of the ineffective clause in its economic effect comes closest.
2. The exclusive place of jurisdiction is Kaarst as the registered office of Zstor GmbH for all claims arising out of or on the basis of this contract. The same applies to customers who have no general jurisdiction in Germany or orderers who have relocated after the conclusion of the contract their domicile or habitual residence outside of Germany or whose domicile or habitual residence is not known at the time the complaint is brought.
3. The place of performance for all obligations arising from the contractual relationship is the respective registered office of Zstor GmbH.
4. Exclusively German law applies excluding the UN sales law, also in cross-border delivery traffic.

Zstor GmbH
St.Georg-Str.6
41564 Kaarst

Phone: + 49- (0) 2131-386764-0
Fax: + 49- (0) 2131-386764-9
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Managing Director: Helmut Kopel

Commercial Register Number: HRB 15283 Responsible District Court Neuss
VAT ID: DE266777162