Conditions of Use & Sale
General Terms & Conditions (GTC)
Otto Zimmermann Maschinen- und Apparatebau GmbH
for electronic business transactions
1. These General Terms & Conditions shall apply to all existing and future business transactions between Otto Zimmermann Maschinen- und Apparatebau GmbH (hereinafter referred to as Otto Zimmermann GmbH) and our customers (consumers and commercial customers), which we generate in or via our internet sites, or our online shop zimmermann-bremsen.shop.
Deviating conditions of customers, service providers or suppliers, which have not been expressly agreed upon by us, shall not be binding, even if we have not expressly objected to such terms.
These GTC additionally contain elements, which we are legally and in accordance with regulations obliged to disclose, as an online trader.
2. Some provisions in these GTC only apply to the customer, if they are consumers within the meaning of § 13 German Civil Code (BGB) or an entrepreneur in the sense of § 14 German Civil Code (BGB). A consumer within the meaning of § 13 German Civil Code (BGB) and these GTC, is any natural person who concludes a legal transaction for a purpose which cannot be attributed to its commercial or independent professional activities. An entrepreneur in the sense of this GTC, is any natural or legal entity or a legal partnership who/that, on conclusion of a legal transaction, does so in their commercial or professional capacity. The applicable scope will be referred to at the relevant point in these GTC.
3. The negotiation language and contract language is Germ
Otto Zimmermann GmbH produces and sells sophisticated vehicle components for car manufacturers and the free spare parts market. Our ranges include
- disc brakes for cars and light commercial vehicles
- brake drums for cars
- brake pads for cars and light commercial vehicles
- brake shoes for cars
- brake kits for light commercial vehicles
- pre-mounted brake shoe kits
- brake callipers.
Otto Zimmermann GmbH continues to further develop its products. This ensures maximum safety of our products. Therefore, ordered goods are subject to change in their technical design.
Depending on the product type, you can choose the size, colour, quantity and other product characteristics, and by clicking on the button “Add to Shopping Cart”, place the article into your shopping cart without obligation. You can also do this from your Wish List or the comparison function. Please make sure that for automotive parts, the ordered products are suitable for the relevant vehicle.
In the next step, you can choose to continue shopping, go to the Shopping Cart or go to Check Out (enter your address and select the order type) or pay directly with PayPal.
Click on the “X” and the shopping cart quick view closes.
Go to Shopping Cart:
Here, you can change the number of items, enter voucher codes and see detailed information about any shipping costs and statutory taxes.
By clicking on the button “Check Out” you will be taken to the address input. Here, you can choose to log in to your existing customer account with your Login details, create a new customer account, or place your order as a guest
To order as a guest, click on the box “Do not create a customer account”
Please note that for legal reasons we are obliged to save your data for the purchase/contract processing
Via the button “Continue” you will be taken to the payment selection page
Choose a payment type and click on the button “Continue”
You will then be taken to the purchase overview page of the online shop and can again check all the information about your intended order (in particular the billing and shipping address, product, price, quantity, payment method) and make changes, if necessary
Please confirm the GTC here by clicking on the box
Complete the purchase legally binding, by clicking on the button “Order and Pay”
You only make a binding offer to conclude a purchasing contract when clicking the button “Order and Pay”. Before placing the order, the content of the order (product name, quantity, price, shipping costs etc.) and the order details entered by you, are displayed on an overview page. Once Otto Zimmermann GmbH receives your order, you will receive an email. This email confirms that your order has been received (hereinafter referred to as: “order confirmation”). Upon receipt of the order confirmation, we accept your offer and the purchase contract is concluded.
The contract is concluded subject to the reservation of correct and timely supply for our own needs through our suppliers. This only applies for the case in which we are not responsible for non-delivery, especially when a congruent covering transaction has been agreed with our supplier. The customer will be informed immediately about the unavailability of the products by phone or email. Any purchase price payments made shall be refunded without delay.
The contract text is stored by us for the fulfilment of the contract and for legal reasons, and will be emailed to the customer together with these GTC, including information about your right of revocation and the consequences thereof.
Your orders are stored with us after they have been fulfilled. Should you lose your documents, please contact us. We will gladly send you an email with a copy of your order details.
You are responsible for ensuring that your Customer Account is only used by yourself. For this, you should:
a. choose a password that is difficult to decrypt; a secure password consists of numbers and letters and contains at least 8 characters
b. not give your personal password to third parties
c. keep your personal password secret and store it separate from other documents and information which could indicate that it is a password for your customer account with one of the Otto Zimmermann GmbH shops
d. immediately change your password if you learn about misuse of the password. This also applies if you suspect or fear such misuse.
You are liable for any damages caused as a result of use by a third party for which you are at fault.
The prices valid at the time of the order plus shipping costs will apply. Promotional offers in our Otto Zimmermann GmbH shop can be limited by time or quantity. For details, see the product description in the Online Shop.
All indicated prices are in Euro and include VAT.
Customers may pay in advance (transfer):
On receipt of the order confirmation email (contains banking details for bank transfer of the payment amount) from the Otto Zimmermann GmbH shops, the purchase price is due for payment by the customer. In case of a delay in payment, we are entitled to charge interest at a rate of 5% above the relevant applicable base interest rate. We are permitted to claim 5.00 Euro collection expenses for each reminder
The goods are delivered by a transport company (parcel service or freight forwarder) to the shipping address indicated by the customer during the order process, unless otherwise agreed upon.
If the transport company sends the goods back to Otto Zimmermann GmbH because a delivery to the customer was not possible, the customer bears the costs for the failed delivery. This does not apply if the customer, prior to shipping the goods, exercises his right of withdrawal by refusing to accept, if he is not responsible for the circumstance which has led to the impossibility of the delivery or if the customer was temporarily prevented from receiving the service offered, unless the seller had notified him of the service well ahead of time.
For logistical reasons the delivery may be performed in partial deliveries.
If the customer is a consumer, see 0 in our GTC, according to § 446 German Civil Code (BGB), the risk of accidental destruction and accidental deterioration of the sold goods shall generally be transferred upon handover of the goods to the customer or a person authorised to receive this. Deviating from this, even in case that the customer is a consumer, the risk of accidental destruction and accidental deterioration of the sold goods is transferred to the customer upon delivery of the goods to the freight forwarder if the customer has instructed the freight forwarder or another person or institution designated with the execution, and the seller has not notified the customer about this person or institution.
If the customer is trading as a business, the risk of accidental destruction according to § 447 German Civil Code (BGB) and accidental deterioration of the sold goods is transferred to the customer as soon as the seller has handed other the goods to the freight forwarder.
Self-collection of the purchased goods is not possible for logistical reasons.
More information about the delivery terms, delivery times and shipping costs are available to the customer in the Otto Zimmermann GmbH Shop in the descriptions of the relevant products, the Shopping Cart and in the Shipping and Payment Terms as well as the order confirmation.
The ordered goods will be shipped upon receipt of the purchase price. If your order is already en route, we will send you a tracking number, with which you can track your order up to the place of delivery, and which will keep you up to date with regard to the delivery date. You can also view the current delivery status in your customer Account in the relevant Otto Zimmermann GmbH shop.
In the event that the goods are no longer available or cannot be delivered on time, Otto Zimmermann GmbH will immediately notify the customer thereof.
Our compliance with delivery dates and delivery times shall be subject to correct and timely deliveries made by our suppliers and non-hindrance of our production (in particular due to natural disasters and labour disputes affecting us or our sub-contractors). If, in the aforementioned case, delivery is not possible for the foreseeable future, Otto Zimmermann GmbH is entitled to withdraw from the contract. In case of withdrawal from the contract, Otto Zimmermann GmbH shall immediately refund any payments made by the customer.
Orders and deliveries are only possible within the European Union. The following are generally excluded: East Frisian Islands, North Frisian Islands, Baltic Islands, islands in the Mediterranean. We reserve the right to cancel these orders and to refund the purchase price without further information.
Consumers have a statutory right of right of revocation. For explanations of the term “consumer” please see 1.2 in our General Terms and Conditions of Business.
Instruction of Revocation
Right of RevocationConsumers have the right to revoke this contract within fourteen days without stating reasons. The cancellation period is fourteen days from the date on which you or a third party other than a freight forwarder has taken or takes possession of the goods.
To exercise your right of revocation, you need to send a clear statement (e.g. a letter sent by mail or email) about your decision to withdraw from this contract to:
Otto Zimmermann Maschinen- und Apparatebau GmbH
Am Leitzelbach 8
Fax: +49 7261 94514 29
You can also use the withdrawal template (see footer) for this, however, this is not mandatory. To comply with the withdrawal deadline, it is sufficient for you to send the notification that you are exercising your right of revocation before the withdrawal period has expired.
The post stamp date or the electronic date of the email applies.
Consequences of Revocation
If you choose to withdraw from this contract, we shall refund all payments which we have received from you without delay, including shipping costs (except for additional costs arising in the event of selecting a shipping method which is different from the most cost-efficient standard delivery offered by us), no later than fourteen days from the date on which we have received the notice of withdrawal from this contract. The refund shall be issued in the same payment method which you provided for the original transaction, unless otherwise explicitly agreed with you; under no circumstances shall you be charged fees to process this refund. We may withhold the refund until the items have been returned to us, or until you have provided proof that you have shipped the goods, whichever takes place first.
You must return or hand over the goods to us immediately and within fourteen days at the latest from the day you informed us of the cancellation of this contract. The deadline is met if you send the goods back before the fourteen-day period has expired. The date of receipt at the shipping provider applies.
You send the goods back to the return address specified by us. You bear the costs of returning the goods, if the delivered goods correspond to the ordered goods. You must only pay for any loss in value of the goods if this loss in value is due to handling that is not necessary to check the condition, properties and functionality of the goods. Pre-assembled products or products damaged by the customer are excluded from return, or are not refunded to the full amount in accordance with the condition of the products.
Please use our transport packaging. Protect the products against damages. The goods must be clean and in a condition ready for transport. For disc brakes in particular, please ensure that the front and rear side is secured with sufficient cardboard and packaging tape. In case of damage from improper usage or inadequate packaging in the return process, we reserve the right claim for damages. Freight forwarders will only accept items that are adequately packaged. Special notices According to § 312g Sentence 2 No. 1 German Civil Code (BGB), the right of revocation is excluded for goods which are not prefabricated and for the production of which an individual choice or decision by the consumer is required, or which are clearly customised to the personal requirements of the Consumer.
We retain the title to all goods supplied by us, until all our claims against you or against the person who accepted the products, have been met. This also applies for claims that occur in the future. To assert our right of retention, we are entitled to demand the immediate surrender of the goods to the exclusion of any right of retention, unless these counter claims have been legally established or are undisputed.
The customer shall only be entitled to exercise a retention right insofar as its counter claim is based on the same legal relationship. Each order placed with Otto Zimmermann GmbH is legally a new contract.
The buyer must inspect the received goods for defects immediately after receipt. The buyer shall give notice of defect in writing either immediately or, at the latest, within 7 days after receipt of goods. The same period shall apply for hidden defects following discovery of any such defect. Failure to notify us in due time about any defects will result in the buyer’s loss of warranty rights.
In the case of justified complaints we will, at our discretion, repair or replace any defective items. Should we fail to remedy the defect within a reasonable period of time, or fail to deliver a replacement, the buyer shall have the right to cancel the contract or do demand a reduction in the purchase price. The buyer may not cancel the contract, if our breach of obligations was negligible.
With the exception of cases described under § 438 (1) and 2 a) and b) BGB (German Civil Code) the period of limitation for warranty claims shall be one year for any new goods delivered to business persons and consumers. Said period of limitation shall commence upon delivery of the item.
Warranty claims will not be considered for defects that occurred, after passage of risk, due to unsuitable or improper use, wrong assembly or start-up by the buyer or third parties, invalid mode of operation, and normal wear and tear.
We shall be held liable under the provisions of the law in the event of any bodily injury of life, limb or health attributable to us, our legal representatives, or vicarious agents.
The following shall apply for other damages:
a. We shall be liable under the provisions of law for any damages due to a wilful or gross breach of duty committed by us, our legal representatives, or vicarious agents.
b. For any damages due to a material breach of contract caused by slight negligence by us, our legal representatives or vicarious agents, liability shall not exceed the foreseeable damage that may typically arise hereunder.
c. We shall not be liable for any claims or damages arising from a breach of collateral duties or non-essential duties caused by slight negligence.
Exclusion or limitation of liability shall not apply in the event of us having fraudulently concealed defects or assumed guarantee responsibilities for the quality of the item.
The buyer’s claim to reimbursement of fruitless expenses in lieu of damages and liability pursuant to the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.
With the exception of wilful intent or gross negligence we shall not be liable for any indirect damages due to defective deliveries, e.g. production disruptions, lost profits, and additional material use.
As a rule, texts, image material including animated images or videos of Otto Zimmermann GmbH are subject to protection under copyright law and other protection laws. All contents of our Otto Zimmermann GmbH shops may not be copied, distributed, modified or made available to third parties for commercial properties. Principally, all brand names in our Otto Zimmermann GmbH shops are registered trademarks. Our Otto Zimmermann GmbH shops do not grant third parties a license or even only permission for the use of the intellectual property. Insofar as the content on this site was not created by Otto Zimmermann GmbH, the copyrights of third parties must be observed. In particular, the content of third parties is identified as such. Should you become aware of an infringement of copyrights, we request immediate notification.
The EU Commission provides a platform for out-of-court dispute resolution. Consumers have the option to resolve disputes in relation to online shopping without the intervention of a court: http://ec.europa.eu/consumers/odr
We are not obliged nor prepared to participate in a dispute resolution involving a consumer dispute resolution body.
15. General Provisions
Otto Zimmermann GmbH is permitted, at any time, and without stating reasons, to change provisions in these GTC, insofar as no essential regulations of the contractual relationship (in particular type and scope, duration, cancellation) are affected. The modified conditions shall be sent to the customer by email at least six weeks before these come into effect; the email will also indicate the customer’s option of objecting. The changes shall be deemed as approved, if the customer does not object within four weeks of receipt of the email. If the customer exerts their right of objection, the changes shall not become a contractual component and the contract continues unchanged. The contract cancellation right remains unaffected by this.
For business transactions with entrepreneurs, the place of performance and exclusive place of jurisdiction is Heidelberg, Germany.
Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
The law of the Federal Republic of Germany applies even in relation to foreign partners to the exclusion of the UN purchasing law (CISG).
Otto Zimmermann GmbH is neither prepared nor obliged to participate in dispute resolution procedures involving consumer dispute resolution bodies.
Otto Zimmermann Maschinen- und Apparatebau GmbH
Am Leitzelbach 8
Phone: +49 (0)7261/94514-0
Fax: +49 (0)7261/94514-29
Represented by Managing Director Holger Keller
Registry court: AG Mannheim: HRB 340915
VAT ID No.: DE144338810
Version: March 2020