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ZENIO Sports

General Terms and Conditions of Sale

§ 1 General

(1) The terms and conditions set out below shall form part of the agreement concluded with ZENIO Sports GmbH, Frankfurt LightTower, 15th floor, Hanauer Landstraße 126-128, 60314 Frankfurt am Main, Germany, represented by CEO Dr. Richard Jaekel, (in the following: ZENIO).

(2) ZENIO hereby object to any counter confirmation, counter offer or other reference by the Buyer to its general terms and conditions.

(3) ZENIO's General Terms and Conditions of Sale shall apply in accordance with the most recent version and to all subsequent transactions without any need of express reference thereto or agreement thereon at the conclusion of such transaction.

(4) The terms and conditions are effective to consumers and also to merchants. The terms and conditions contains special terms to consumers which will be designated. Beyond this consumers shall consider the special terms concerning distance selling.

§ 2 Offers, Orders

(1) The presentation in ZENIO's internet shop is not an offer but an invitation to the user to make an offer on his part. The order of the user is his binding offer. ZENIO acknowledges receipt of the order directly to the buyer by email. ZENIO attaches to this email these Terms and Conditions of Sale and the directions concerning distance selling. ZENIO grants a non-exclusive right of use to the software which is included in the delivery.

(2) The aforementioned Email of ZENIO is not its binding acceptance of the offer. ZENIO is entitled to accept the offer within 5 days – within 3 days to orders by email – after the receipt of the order. ZENIO records the wording of the contract if the buyer orders by Email.

§ 3 Transfer of Risks

Risk of damage to or loss of the goods shall pass to the buyer as follows:

(1) If the buyer is a consumer, the risk of damage to or loss shall pass to the consumer at the time of delivery to the consumer, also concerning a sale by delivery to a place other than the place of performance [Versendungskauf].

(2) If the buyer is a merchant, the risk of damage to or loss shall pass to the merchant at the time of delivery to the forwarding agent, if he wishes a sale by delivery to a place other than the place of performance [Versendungskauf].

§ 4 Delivery

By request of the buyer ZENIO dispatches the goods to him at his own expense. ZENIO dispatches the goods by mail without delay after its acceptance of the order.

§ 5 Payment

(1) All prices are final prices inclusive of German VAT (value added tax currently 19 %) exclusive of forwarding charges. The buyer has the obligation to pay the forwarding charges. The amount of the forwarding charges is denoted in the schedule below.

(2) Terms of payment …against prepayment ? Master/VISA…?

(3) The Buyer shall have no right to set off unless the underlying counterclaims have been conclusively determined by a court or expressly acknowledged by us.

§ 6 Warranty conditions

(1) The legal warranty conditions apply. In a warranty claim the device must be returned together with proof of purchase (till receipt, invoice, etc.), the correctly completed device form and a precise description of the error.

(2) ZENIO retains the right to replace or exchange defective parts/devices by a part free of defects in the first step. Replaced parts are ZENIO's property.

(3) Interventions regarding the device by companies/persons not authorized by ZENIO will render any warranty claims void.

(4) The operating manual must be carefully attended. The warranty does not cover any damages due to incorrect handling, non-compliance with the operating manual and operational wear.

§ 7 Packages

ZENIO takes back its used packages on our own expense.

§ 8 Retention of Title

(1) ZENIO shall retain full title of the goods that have been delivered until the Buyer has payed the full price if the buyer is a consumer.

(2) If the buyer is a merchant, ZENIO also retain full title of the goods that have been delivered until the Buyer has payed the full price. The merchant shall have the right to dispose of the goods delivered by ZENIO within the ordinary course of business. ZENIO may withdraw the sales authority of the merchant through written notice if it shall be in breach of any obligation owed to ZENIO and shall in particular be in payment default or ZENIO shall become aware of other incidents that give rise to doubts about its creditworthiness. The merchant hereby assigns to ZENIO all claims arising from the resale of the goods delivered under retention of title. Such claims shall also include claims against the bank which, within the scope of such sale, shall have issued or confirmed a letter of credit for the benefit of the merchant (= reseller). ZENIO hereby accept such assignment. In the event of any third party action against ZENIO's goods delivered under retention of title or any receivables assigned to ZENIO, the Buyer shall notify such party of our property/our right and immediately inform us about such action. The merchant shall bear the costs of any intervention.

§ 9 Final Provisions

(1) This agreement shall be governed by and construed in accordance with German law. International purchase laws shall not apply. This shall, in particular, refer to the UN Convention on the International Sale of Goods (CISG).

(2) The courts of Frankfurt am Main, Germany shall have jurisdiction over all disputes arising from this Agreement if the Buyer is a Merchant or the Buyer has no permanent residence or habitual abode in Germany.

(3) The invalidity of any provision of these general terms and conditions of sale shall not affect the validity of the other provisions. Invalid provisions shall be deemed to be replaced by such valid provisions that shall be suitable to implement the economic purpose of the deleted provision to the greatest extent possible.