These general terms and conditions of sale are applicable to all purchases of items concluded by phone via our customer service department, accessible via the phone number stated in the contact form or via website identified by the domain name “www.zaza-rescue-wear.com”.
Purchases made on the website or by telephone are explicitly restricted to our customers own use and not for resale.
In the event of an ongoing business relationship, our terms and conditions of sale shall be deemed as agreed, even without the written consent of the buyer, unless special terms and conditions have been discussed, concluded, and signed by both contracting parties.
Our terms and conditions of sale shall also be deemed agreed for orders, which are not signed, verbally placed by telephone or informally. The order acceptance is reserved for the seller and therefore, zaza-rescue-wear shall be entitled to refuse any orders with following reasons:
- Order from customer, whom there is a dispute relating to the payment or delivery of a previous/current order.
- Order not placed in accordance with these general terms and conditions.
If we find that the order does not comply with our general terms and conditions of sale, we will either contact the customer via telephone or email. If the customer fails to correct any error or noncompliance with these general terms and conditions of sale contained in his/her order within a period of 5 calendar days following the notification mentioned just before, we deserve the right to cancel the order altogether.
All offers of the seller are subject to confirmation. An acknowledgement of receipt of order is sent to the customer by email. The purchase contract shall only be concluded with the content confirmed by the seller and only with the written confirmation of the seller. This shall include the order number, the total amount of the order, information relating to delivery time and shipping cost, quantity and price of the items purchased.
At the time of shipment to the delivery address provided by the customer, we shall send an email to the latter informing about the dispatch as well as receipt of payment. The sales contract is then definitely concluded.
1. Delivery: Deviations from the agreed shipment quantity in the amount of +/- 7% shall be approved by the buyer. To ensure a good delivery date, partial deliveries within the agreed delivery period may be made unless otherwise agreed in the written confirmation, which the buyer is obliged to accept. Non-acceptance of individual partial deliveries shall entitle the seller to withdraw from the entire contract and to assert claims for damages without setting a grace period.
2. The place of delivery shall be the seller's factory, warehouse or shipping point. The goods shall be deemed to have been delivered as soon as they leave the seller's works, warehouse or shipping point or are ready for dispatch at the buyer's disposal.
3. At the time of delivery, the risk is transfered to the buyer. This also applies to the shipping risk, even if the seller has an insurance regarding this risk.
4. Delivery Delay just become law, when after the exceeded delivery deadline, an adequate grace period of 6 weeks is given by the buyer in a written form. After the expiration of this grace period the buyer can rescind from the contract as far as the delivery did not take place until then. Claims regarding default damages will not be accepted. It is not a delivery delay as long as the buyer does not settle all outstanding debts of the seller.
5. Any circumstances beyond our reasonable control, including but not limited to force majeure, shortage in raw materials, unforeseen operational difficulties, restrictions or shutdowns, labor disputes, shipping difficulties, breach of contract by the seller's suppliers or other unforeseen hindrance, which make it or its suppliers wholly or partially impossible to manufacture or ship the goods, shall release the seller from the obligation to deliver on time for the duration of the disruption or its effects and shall entitle the seller, at its option, to extend the delivery time accordingly or to withdraw from the part of the not yet fulfilled contract. If the confirmed delivery time is exceeded by more than two months, both trade partners shall be entitled to withdraw from the contract insofar as it has not yet been fulfilled. If the economic situation in the buyer's country is seriously affected by war, civil war or similar events, the seller shall be entitled to withdraw from the part of the not yet fulfilled contract. In such cases, the buyer shall not be entitled to a later delivery or to compensation for damages.
6. If the buyer doesn’t accept the goods within the confirmed delivery period, the seller may step back from the obligation to fulfill the concluded contract and compensation for the damage caused by the delayed compliance of the contract or withdraw from the contract and claim damages for the breach of contract.
7. The goods remain property of the seller until full payment.
8. The buyer acknowledges that minor quality discrepancy or the failure of the yarns or the twisted yarns are technically unavoidable and do not justify any claims under warranty. Particularly, this applies to slight color differences and minor foreign fiber tarnish as well.
9. The buyer is obligated to make a thorough inspection of the goods upon acceptance. In case of a defect, a notification must be made within 10 days of receipt of the goods by the buyer, stating the exact issue and extent of the alleged defects. After expiry of this period, the assertion of warranty claims - apart from hidden defects - is excluded.
10. All claims under the title of warranty, damages and all other legal titles are excluded as soon as the goods have been treated or processed in any form. This also applies to hidden defects.
11. In case of hidden defects, the complaint must be made immediately after the defect is discovered. The buyer is entitled to providing proof that the defect is a hidden defect. The right to complain expires within three months after receipt of the goods. If the buyer has justifiably and timely raised claims for defects, the seller has the right to rectify the defect or to choose whether to provide a replacement delivery for the defective goods or to grant an appropriate price reduction. The buyer shall not be entitled to choose between a replacement or price reduction. Claims for damages due to consequential damages, delay or impossibility of the replacement delivery or any other form of performance failure are excluded.
12. Without prejudice to the quality discrepancies regulated in points 4 of these conditions, quality deviations in weight and setting are approved by the buyer if they do not exceed a percentage of +/- 7%.
13. In case of an exchange of the goods, the buyer is obligated bear the new shipping costs.
14. Place of commitment for all obligations arising from the contractual relationship is the registered office of the seller.
15. Sole jurisdiction for all disputes arising from this contractual relationship shall be held by the competent court of law with headquarters situated in Feldkirch according to the exclusive validity of Austrian law. If individual provisions of the purchase contract and the terms and conditions of sale and delivery forming an integral part of the purchase contract are not in accordance with mandatory statutory provisions, the remaining provisions shall remain unaffected. This also applies if individual provisions are correct. In this case, the contractual provision that comes closest to the meaning of the affected provision shall be deemed agreed.