GENERAL ONLINE TERMS AND CONDITIONS

between Zion Athletics GmbH, authorized representative: Jakob Waterkamp, VAT ID no.: DE368157317 hereinafter referred to as “ZION”

and

the customer designated in § 2 of the contract, hereinafter referred to as the “Customer”

§1 SCOPE OF APPLICATION, DEFINITIONS

1) For contracts concluded via the online store (https://www.wearzion.com), ZION’s General Online Terms and Conditions (GTC) apply exclusively in the version valid at the time the contract is concluded. We expressly reserve the right to make changes to the GTC for future contracts. We hereby object to any regulations to the contrary. Any provisions other than those contained herein shall only become effective with our express written confirmation. The current version of the GTC can also be found at https://wearzion.com/agb/.

2) All agreements made between ZION and the customer in connection with an order are conclusively set out in the purchase contract concluded by both parties, the GTC and the order confirmation from ZION. By placing an order, the customer agrees to the validity of the GTC valid at the time of the order. Any terms and conditions of the customer that contradict these GTC shall not become part of the contract. The text of the contract is stored by ZION in compliance with data protection regulations. The customer is free to print out the relevant website during the ordering process using the print function of his browser. Registered customers with a user account can also view, change and save personal data such as contact details and view the status of orders within their user account (“Your account”).

3) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract.

§2 OFFERS, CONCLUSION OF CONTRACT

1) The language available for the conclusion of the contract is German. The presentation of the products in the online store does not constitute a legally binding offer by ZION, but merely a non-binding product presentation. Whether an order is accepted is at the discretion of ZION; changes and errors are reserved in this respect.

2) By selecting the products and adding them to the virtual “shopping cart”, the customer has the opportunity to check and change the accuracy of the added products before submitting the order. After selecting the payment method, the customer can check the details of their online purchase again and correct them if necessary. By finally clicking on “Buy”, the customer agrees to ZION’s General Terms and Conditions and submits a legally binding offer to conclude a purchase contract for the products in the virtual “shopping cart”. However, the offer can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the “Accept GTC” button and has thereby included them in his offer. The customer then receives an automated order confirmation by e-mail, which the customer can print out using the “Print” function. ZION hereby informs the customer that the order has been duly transmitted. However, the purchase contract is only concluded upon acceptance of your offer, which ZION submits by sending a further e-mail confirming shipment of the goods and requesting payment. Only with this e-mail is the purchase contract legally effective. ZION will send the contract text (consisting of order, GTC and order confirmation) to the customer on a permanent data carrier (e-mail or paper printout) at the latest upon delivery of the goods (contract confirmation). The text of the contract is stored in compliance with data protection regulations.

§3 STATUTORY RIGHT OF REVOCATION

1) You have the right to return all products purchased on www.wearzion.com within 14 days of receipt. Paragraph 2 contains a model withdrawal form.

Cancellation policy

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

In order to exercise your right of withdrawal, you must inform us, Zion Athletics GmbH, by means of a clear statement (e.g. by e-mail to support@wearzion.com) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, but this is not mandatory.

Consequences of revocation

As soon as we receive your return, we will process your exchange or refund request. Please note that the original shipping costs will not be refunded. For the refund, we will use the same means of payment that you used for the original transaction.

We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

All items must be unused, with labels and packaging intact. If you return or exchange a product, you must pay the shipping costs.

We accept no responsibility for items lost during the return process.

1. send your articles to:
Zion Athletics GmbH
Koppelweg 9
21698 Harsefeld
Germany

2. send your items in their original packaging and with the label intact together with the order number.

3. include instructions on how you would like us to process your return (e.g. for refund, exchange to another size, design, etc.)

4. for the exchange, please name the alternative product by specifying the item name and size (please note that the exchange must be for applicable products of equal or lesser value).

As soon as we have received your return, we will process your request and send you a confirmation by e-mail.

2) The provider provides the following information about the model withdrawal form in accordance with the statutory provisions:

Sample withdrawal form

(If you wish to cancel the contract, please fill out this form and send it back to us).

– To Zion Athletics GmbH, Koppelweg 9, 21698 Harsefeld, e-mail: support@wearzion.com:

– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

– Ordered on (*)/received on (*)

– Name of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only for notification on paper)

– Date (*) Delete as appropriate

§4 PRICES, PAYMENTS

1) All prices include the applicable statutory VAT and, unless the customer exercises his right of withdrawal, plus any shipping costs. There is no possibility of drawing a discount. All additional costs incurred, such as import sales tax or import duties in the case of delivery to a non-EU country, shall be borne by the customer.

2) The prices stated at the time of ordering shall apply. The prices are explicitly stated during the ordering process. The customer is also informed of the shipping costs during the ordering process.

3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline.

4) ZION accepts the following payment methods: credit card (Master, Visa and Amex), PayPal, and instant bank transfer; ZION reserves the right to exclude individual payment methods.

Credit card
The “Stripe Terms of Use” (Stripe, Inc., 3180 18th Street, Suite 100, San Francisco, California, USA) apply to this payment method. With this payment method, the amount is reserved on the customer’s credit card at the time of online purchase. The credit card is actually charged at the same time as the shipping confirmation is sent by e-mail. ZION will credit the customer’s credit card account with any repayment claims by the customer. Your credit card details are not stored by us, but are passed on to the payment service provider Stripe and processed by them.

PayPal
When paying via “PayPal”, the “PayPal Terms of Use” (PayPal (Europe) S.à.r.l. & Cie, S.C.A., 22-24 Boulevard Royal, L-2449, Luxembourg) apply. With this payment method, the customer is redirected to the PayPal page after clicking confirmation. After completing the payment via their own PayPal account, the customer is asked to complete the purchase in the online store. The customer then receives a confirmation e-mail from the online store and from PayPal. Any refunds requested by the customer will be credited to their PayPal account.

Instant bank transfer
This payment method is subject to the “Sofort-Überweisung Terms of Use” (SOFORT GmbH, Fußbergstr. 1, 82131 Gauting, Germany). When selecting the payment method Sofortüberweisung, the customer will be redirected to the website of their bank after confirmation. All the customer needs is an account number, bank code, PIN and TAN. After completing the payment, the customer will be asked to complete the purchase in the online store. The customer then receives a confirmation e-mail from the online store. This service is free of charge for the customer, only the fees (transfer fee) of the customer’s bank may apply.

§5 DELIVERY AND SHIPPING COSTS

1) National deliveries are made with DHL. International deliveries are made by Deutsche Post Warenpost International. Unless otherwise agreed, delivery shall be made within 1 to 12 working days to the delivery address specified by the customer, subject to prior payment of the purchase price, depending on the choice of shipping method and place of delivery. Costs arising from incorrect address details may be passed on to the customer. ZION is not liable for possible delays or other customer disadvantages resulting from incorrect address details.

Shipping costs

Zone 0 | Free shipping from an order value of 65€
Germany 3,50€

Zone 1 | Free shipping from an order value of 65€
Europe 6,50€

For other countries, please contact support@wearzion.com.

2) Local taxes, which may apply depending on the region and local customs duties, shall be borne by the customer.

§6 RETENTION OF TITLE

The delivered goods remain the property of ZION until full payment has been made.

§7 DELIVERY RESERVATIONS

In the event that an item cannot be delivered, ZION shall refrain from issuing a declaration of acceptance. A contract is not concluded in this case. In the event of non-delivery, the customer will be informed immediately and any advance payments made will be refunded without delay. Items are only sold in normal household quantities.

§8 WARRANTY

1) The statutory warranty rights apply to all deliveries, in particular §§ 434 ff. BGB (GERMAN CIVIL CODE). If the delivered goods are defective, the customer is entitled to the statutory warranty rights, according to which he is initially limited to the right to subsequent performance, within the scope of which he can choose between rectification of the defect or delivery of a defect-free item. However, ZION may refuse the chosen type of supplementary performance if it involves disproportionate costs for ZION. If the type of supplementary performance to which the customer is entitled fails or is unreasonable for him, the customer is entitled to reduce the purchase price, withdraw from the contract in the case of a not insignificant defect and/or claim damages. The warranty period for goods supplied by ZION to entrepreneurs is 12 months.

2) An additional guarantee only applies to the goods supplied by ZION if this was expressly stated in the order confirmation for the respective article.

3) If the customer or a third party commissioned by him has attempted to remedy the defect himself, but has thereby increased or caused further defects, liability for defects shall be excluded in this respect.

§9 LIABILITY

1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by ZION, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

2) In the event of a breach of material contractual obligations, ZION shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the customer’s claims for damages are based on injury to life, limb or health.

3) The restrictions of para. 1 and 2 also apply in favor of ZION’s legal representatives and vicarious agents if claims are asserted directly against them.

4) The rights arising from para. 1 and 2 shall not apply if ZION has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if ZION and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

§10 COPYRIGHT AND INDUSTRIAL PROPERTY RIGHTS

ZION points out that the content of the website at https://wearzion.com, in particular texts, graphics, photos, images, moving images, sound recordings and software (hereinafter referred to as “content”), are protected by copyright. Use of the illustrations and photos is not permitted without the express consent of ZION. ZION reserves the right to assert all claims under copyright law.

We would also like to inform you that the color of the product images presented in the online store may differ slightly from the color of the delivered item due to the respective settings on the customer’s screen.

§11 DATA PROTECTION

The current privacy policy of Zion Athletics GmbH applies.

§12 FINAL PROVISIONS

1) The law of the Federal Republic of Germany shall apply to contracts between ZION and the customer, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, remain unaffected.

2) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, where applicable. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.

Responsible for the content

Zion Athletics GmbH
Koppelweg 9
21698 Harsefeld
Germany

E-mail: support@wearzion.com

Authorized representatives:
Jakob Waterkamp
VAT identification number: DE368157317
HRB No.: 210857

ZION is exempt from the obligation to provide information pursuant to Section 36 (1) No. 1 VSBG, as we employed ten or fewer people on December 31 of the previous year.