§ 1 Scope, Language
(1) All offers, deliveries and services originated from orders from our customers via our zapptales Online Shop are subject to these terms and conditions.
(2) The contract with the customer is exclusively in German, Spanish and English (according to customer’s request and preferences).
(3) Different conditions for the customer as in the contract are not recognized, unless the seller agrees to their validity in written form.
(4) You can contact our customer service for questions, suggestions or complaints by sending an e-mail to info@zapptales.com.
§ 2 Conclusion of the contract, collateral agreements
(1) Offers in our Webshop are non-obligating and non-binding and are merely an invitation to make a purchase order from the client.
(2) By placing an order in the web shop (which requires the acceptance of these Terms and Conditions) the customer is bond to acquire the relevant product or the relevant products.
(3) A confirmation E-Mail will be sent to the customer immediately after receiving the order. This E-Mail also confirms the acceptance of the customer order.
(4) In general terms, verbal agreements with the customer which differ from the order form of the Terms and conditions are not valid. All agreements made between us and the customer for the execution of this contract have to be in written form (also by Fax or E-Mail).
(5) Additional agreements, changes and additions to the contract are only valid if confirmed in written form.
§ 3 Storage of the contract
We save the contract and send the customer the order details by e-mail. The terms and conditions can be viewed at any time. The agreement can be printed by the customer before submitting the order to the seller, by selecting the print function in the browser in the last step of the order.
§ 4 Right of Withdrawal
Important Note
The right does not apply to distance contracts for the supply of goods which are not prefabricated and the production of which require an individual choice or decision by the consumer or which are clearly tailored to the personal needs of the consumer.
Conditions
You have the right to cancel this contract within fourteen days without giving a reason. The revocation period is fourteen days from the date on which you or a third party named by you, other than the carrier, has taken physical possession of the final goods. To exercise your right of cancellation, you must contact us on: zapptales GmbH (Lucile-Grahn-Str. 47, 81675 Munich, Tel: +49 89 32609560, e-mail address: info@zapptales.com) by means of a clear statement (e.g., with the sent by post letter, fax or email) of your decision to withdraw from this contract. If you take use of this right, we will respond without delay (for instance, by e-mail) with a confirmation of the receipt of your withdrawal. To meet the cancellation deadline, it is sufficient that you send your communication concerning the exercise of the right of withdrawal before the withdrawal deadline.
Effects of withdrawal
If you withdraw from this contract, we will reimburse all payments we receive from you, including delivery costs (except for the additional costs arising from the fact that you chose a different method of delivery than that offered by us, cheapest Standard have), and repay immediately at the latest within fourteen days from the date on which the notice is received through your cancellation of this agreement with us. For this repayment we use the same method of payment that you used in the original transaction, unless you expressly agreed otherwise; in any case, you will be charged fees for such repayment. We may refuse reimbursement until we have received the goods back, or until you have demonstrated that you have returned the goods, whichever is the earlier. You have to send back the goods promptly and in any event not later than fourteen days from the date on which you notify us of any cancellation of this contract to us or passed. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the direct cost of returning the goods.
§ 5 Prices, Payment
(1) All prices indicated on the merchant’s website are inclusive of applicable taxes. Additional shipment fees apply l and are charged separately by the seller. Shipping fees are clearly communicated to the buyer during the ordering process.
(2) Unless agreed otherwise, our prices are for delivery from the registered office of our printing and mailing partner in Germany.
(3) The customer can choose the payment method before and at the end of the ordering process.
(4) Unless expressly agreed otherwise in written form, we will deliver against payment in advance, by Credit Card, Paypal, SOFORT-Uberweisung, American Express, Amazon Payment, iDeal or Wire-Transfer (only SEPA transfers are accepted), always with Invoice (this will be sent to you per E-Mail). Additional payment methods are not considered.
(5) When paying by credit card, the payment amount will be charged on the credit card account of the customer in the moment of the order submission by the customer.
(6) If a third-party is responsible for the processing of the payment (for example, Paypal) their terms and conditions also apply.
§ 6 Execution of the contract, approval by the client
(1) The customer starts with the “Buy” button a binding order to purchase the product. Before submitting the order, the customer can change and see the data at any time. Required fields are marked with an asterisk (*).
(2) The customer confirms having read and accepted the Terms and Conditions, Privacy Policy and Right of Withdrawal actively before the finalization of the binding order.
(3) The seller sends the customer an automatic confirmation of reception of the order by e-mail, in which the customer’s order is listed again and in which the invoice is included as an attachment. The customer can use the “Print” function to print both the order confirmation as well as the corresponding invoice. The automatic acknowledgment documented that the customer’s order is received by the seller and that the production process of personally-made goods can be started immediately.
§ 7 Shipment
(1) It is possible to ship your order to almost all the countries of the world. Please visit the shipping information page for a list of countries, pricing and delivery times.
(2) The relevant date for the determination of the shipment time refers to working days (Monday – Friday) and begins four to six business days after the reception of the printable data and print order in the mentioned time period and complete payment of the goods (including VAT); binding is the date of reception of the payment to the account of zapptales GmbH.
(3) The customer is informed about delivery times and shipping restrictions (for instance, limitation of deliveries in certain countries) in the product description.
(4) During Christmas time, delays in the delivery time which are outside our control may occur. We will announce in our website a recommended deadline for placing the orders.
(5) If the automatic recognition process of your exported WhatsApp chat fails you will get an E-mail informing you about this issue and we will work on solving the problem as soon as possible. In this case the shipping date could be delayed.
§ 8 Electronic Invoice
The customer agrees to an electronically transmitted invoice.
§ 9 Subsequent changes, preparatory work
(1) Changes after reception of the customer order (order confirmation by e-mail) may incur in additional costs for the customer. Changes such as modification of an order information (invoice recipient, delivery address, shipping method, payment method, etc.) may also incur in additional costs for the customer. These subsequent changes must be communicated within 24 hours starting at the sending of the confirmation e-mail in written form to info@zapptales.com.
(2) Changes of transmitted data, which are originated by the customer, are generally not possible.
§ 10 Cancellations
(1) A cancellation of the contract is generally not possible after order reception by zapptales GmbH and after the dispatch of the order confirmation e-mail to the customer. In special cases, please contact us by e-mail info@zapptales.com.
§ 11 Material defects and defects liability
(1) The customer has to check the conformity of the goods immediately upon reception.
(2) Reclamations of the customer due to obvious defects in the goods supplied have to be communicated within two weeks after delivery of the ordered goods. If this time period is exceeded, we will not be liable for defects.
(3) If the supplied goods are subject to a defect, the customer can require the removal of the defect or delivery of non-defective goods. If one or both forms of remedy is not possible or unreasonable, we are entitled to decline the request.
(4) We will bear the necessary additional performance for the fulfillment of our service, including transport, travel, labor and material costs, provided they do not differ from the original contract.
(5) In all manufacturing processes small deviations to the original can occur and they are not subject to reclamation. In particular, when it comes to minor color variations between the digital version of the product (PDF) and the physical version (printed book).
§ 12 Third party rights, liability exemption
(1) The client declares that the input data (particularly image and text files), contents and materials, which are sent to us for the production of the product, does not violate any copyright, trademark or other rights of third parties, the general right to privacy or other rights of third parties.
(2) The customer declares that he holds the duplication and reproduction rights of the data submitted. Moreover, the customer declares that he has the agreement of all the chat participants to send all the data (text + media files) to zapptales GmbH to create a book or PDF.
(3) The customer is fully responsible for the contents used to create the product. We will not accept any responsibility for an unauthorized usage of these contents in order to create a book or PDF with zapptales GmbH.
(4) The customer liberates us from any responsibility from third party claims caused by his uploaded content and agrees to reimburse any economic damaged incurred by us because of the law of the third party. This also includes any legal costs incurred by us (lawyers and court costs).
(5) Uploading images which violate the protection of minors, showing naked genitals, including violence, racism or glorifying the radical right, violate the rights of third parties, including patents, trademarks, copyrights or related rights, moral rights or other proprietary rights is strictly prohibited.
§ 13 Privacy Policy
(1) The seller shall process personal data of the customer for the necessary purposes and in accordance to the current law regulations.
(2) The personal data provided for the purpose of ordering goods (such as name, e-mail address, mailing address, bank data) are used by the seller for the processing of the contract. This data will be kept confidential and will not be disclosed to third parties who are not involved in the ordering, delivery and payment procedures.
(3) The customer has the right to receive on request his personal data stored by the seller. In addition, he has the right to correct inaccurate data, blocking and deleting their personal data, as far as there is no legal obligation to retain this information.
(4) More information about the nature, scope, location and purpose of collection, processing and use of personal data required by the seller can be found in the Privacy Statement.
§ 14 Disclaimer
Liability for contents
As a service provider we are responsible for our contents on these pages, according to § 7 paragraph 1 of the German Telemedia Law, under the general law. As a service provider we are not obligated, according to §§ 8 to 10 German Telemedia Law , to monitor transmitted or stored information, or to investigate circumstances that indicate illegal activity. The obligation to remove or block access to information under the general laws remain unaffected. However, a relevant liability is only possible upon the date of knowledge of a specific infringement. Upon notification of such a violation, we will proceed to remove the content immediately.
Liability for Links
Our site contains links to external websites over which we have no control. Therefore we cannot accept any responsibility for their content. The respective provider or operator is always responsible for the contents of any linked Site. The linked sites are checked at the time of linking for possible violations of law. Illegal contents were not found at the time of linking. A permanent control of the linked pages is not reasonable without concrete evidence of a violation. Upon notification of violations, we will remove such links immediately.
Copyright
The content created by the site operator on these pages is subject to German copyright law. The reproduction, modification, distribution or any kind of exploitation outside the limits of copyright require the written consent of its respective author or creator. Downloads and copies are permitted only for private, non-commercial use. Content which is not created by the website operator is subject to copyright of third parties. Third party content will be clearly labeled as such. Should we incur in copyright infringement, we kindly ask for your notification. Upon notification of copyright violation, we will remove the content immediately.
§ 15 Applicable Law, Jurisdiction and changes in the Terms and Conditions
(1) The existing contract between us and the customer is governed by the laws of the Federal Republic of Germany.
(2) If any provision in these Terms and Conditions is changed or is declared invalid in any other agreement, this shall not affect the validity of the remaining provisions or agreements in these Terms and Conditions.
(3) Alterations and additions to these Terms and Conditions must be in written form. This is also applies for the amendment of this clause.
(4) The court of jurisdiction is the location of the seller.
§ 16 Usage rights
(1) The customer accepts to use any of the purchased products at zapptales GmbH for a private use only. A commercial use (e.g. publishing, copying or duplicating) is strictly forbidden. This applies especially to the distribution or printing of the PDFs for commercial purposes.
(2) A license for a commercial use of the products (books and PDFs) can be acquired. For further information please contact us via email to info@zapptales.com.