AV General Terms and Conditions

General Terms and Conditions

  1. Scope

The following terms and conditions apply to all orders placed by consumers and entrepreneurs through our online store.

 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent. An entrepreneur is a natural person or legal entity or a statutory association that acts when entering into a legal transaction to carry out its commercial or independent professional activity.

 With regard to entrepreneurs, these terms and conditions also apply to future business relationships without us having to refer to them again. If the entrepreneur uses conflicting or additional general terms and conditions, their validity is rejected; such terms only become part of the contract if we have expressly agreed to them.

  1. Contracting party, conclusion of the contract

The purchase contract is concluded with Zippo GmbH.

When the products are placed in the online shop, we make a binding offer to conclude a contract for these items. You can initially add our products to the shopping cart without obligation and correct your input at any time before placing your binding order using the correction tools provided and explained during the ordering process. The contract is concluded when you accept the offer for the products in the shopping cart by clicking the order button. Immediately after placing the order, you will receive another confirmation by email.

  1. Contract language, contract text storage
    The available languages for concluding the contract are German and English. 

We store the contract text and send you the order details and our general terms and conditions by email. For security reasons, the text of the contract is no longer accessible via the internet.

  1. Delivery terms

In addition to the listed product prices, shipping costs may also apply. You will find more detailed provisions about any shipping costs in the product offers.

We only deliver by post. Unfortunately, self-collection of the product is not possible.

We do not deliver to pickup points.

  1. Payment

The following payment methods are available to you in our online store:

Credit card
When you place the order, you simultaneously send us your credit card details.
After your identification as the legitimate cardholder, we will ask your credit card company to execute the payment transaction immediately after the order is placed. The payment transaction is automatically executed by the credit card company and your card will be debited. 

PayPal
During the ordering process, you will be redirected to the website of the online provider PayPal. To be able to pay the invoice amount via PayPal, you must be registered there or register first, authenticate with your access data, and confirm the payment instruction to us. After placing the order in the store, we ask PayPal to initiate the payment transaction.
The payment transaction is then automatically executed by PayPal immediately. During the ordering process, you will receive more information. 

Sofort by Klarna
After placing the order, you will be automatically redirected to the website of the online provider Sofort GmbH. To be able to pay the invoice amount with Sofort, you must have an activated internet banking account with Sofort, including a PIN/TAN procedure. You must identify yourself accordingly and confirm the payment order to us. During the ordering process, you will receive more information. The payment transaction is processed directly by Sofort and your account will be debited.

Amazon Pay
 During the ordering process, you will be redirected to the website of the online provider Amazon before you complete the ordering process in our online store. To complete the ordering process via Amazon and be able to pay the invoice amount, you must be registered there or register first, authenticate with your access data, and confirm the payment instruction to us. There you can choose the delivery address and the payment method stored by Amazon, confirm the use of your data by Amazon, and confirm the payment instructions to us. You will then be redirected back to our online store, where you can complete the order. Immediately after the order in the store, we ask Amazon to initiate the payment transaction. The payment transaction is then automatically executed by Amazon immediately. During the ordering process, you will receive more information.

  1. Retention of title

The products remain our property until they are fully paid for.
 This also applies to entrepreneurs: We reserve the ownership of the products until all claims from an ongoing business relationship have been fully settled. You may resell the reserved products as part of normal business operations; you are responsible for all claims arising from this resale, regardless of a combination or mixing of the reserved products with a new item, and must transfer them to us in advance. We accept this transfer, up to the invoice amount. You remain entitled to collect the claims, but we can also collect claims ourselves if you do not meet your payment obligations.

  1. Transport damage

For consumers:
 If products are delivered with obvious transport damage, report such defects to the delivery person as soon as possible and contact us immediately. Failure to file a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, a complaint helps us to assert our own claims against the carrier or the transport insurance.

For entrepreneurs:
the risk of unintentional loss and accidental damage passes to you as soon as we have delivered the item to the forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment. For traders, the duty to inspect and report defects applies, as regulated in Article 377 of the German Commercial Code (HGB). If you fail to file the complaint, the products are considered approved, unless there is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

  1. Indemnification and warranty

The statutory liability for defects applies. Information about any additional warranties and their exact terms can be found with the product and on special information pages in the online store.

Customer service: you can contact our customer service for questions, claims, and complaints, from Monday to Thursday from 08:00 to 16:30, and on Friday from 08:00 to 14:30 via the telephone number 02822/7134100 and by email via the contact form.

  1. Liability

We are always unlimitedly liable for claims resulting from damage caused by us, our legal representatives, or our agents

  • in case of injury to life, body, or health,
  • in case of intentional or grossly negligent breach of duty,
  • in the case of warranty promises, if agreed, or
  • to the extent that this relates to the scope of the Product Liability Act.

In the event of a breach of essential contractual obligations, the fulfillment of which primarily enables the proper performance of the contract, and whose observance the contract partner can regularly rely on (cardinal obligations) through slight negligence on our part, our legal representatives, or our agents, the amount of liability is limited to the foreseeable damage at the time of concluding the contract, whose occurrence is generally expected. Furthermore, claims for damages are excluded.

  1. Code of conduct

We are bound by the following codes of conduct:
Trusted Shops seal
http://www.trustedshops.com/tsdocument/ TS_QUALITY_CRITERIA_de.pdf

  1. Dispute resolution
    The European Commission provides an online dispute resolution platform, which you can find here https://ec.europa.eu/consumers/odr/. 
    We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
  2. Final provisions

If you are an entrepreneur, German law applies with the exception of UN sales law.

If you are a trader within the meaning of the Commercial Code, a public law legal entity, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our place of business.