Terms and Conditions
of ZWILLING J.A. Henckels (UK) Ltd. for the online shop at https://www.zwilling.com/uk (“ZWILLING Online Shop”)
These General Terms and Conditions were last updated on: October 2021
§ 1 Scope of application
1.1 The relationship between ZWILLING J.A. Henckels (UK) Ltd. ("ZWILLING") and the customer ("Customer") is governed exclusively by the following General Terms and Conditions ("GTC") in the version valid at the time of the order. ZWILLING does not accept any deviating terms and conditions of the Customer without express written consent.
1.2 In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
you are an individual.
you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
§ 2 Conclusion of contract
2.1 Placing an order in the ZWILLING Online Shop constitutes an offer to ZWILLING to conclude a sales contract. However, the offer can only be made and transmitted if the Customer has accepted these GTC. When the Customer places an order in the ZWILLING Online Shop, ZWILLING will send the Customer an e-mail confirming the receipt of the order by ZWILLING and listing the details of the order (confirmation of receipt). This confirmation of receipt does not represent an acceptance of the offer, but is only to inform the Customer that his order has been received by ZWILLING. A sales contract is only concluded when ZWILLING sends the ordered product to the Customer and confirms the dispatch to the Customer with a second e-mail (confirmation of dispatch). No sales contract is concluded for products from one and the same order that are not listed in the shipping confirmation. ZWILLING saves the text of the contract and sends the order data and the general terms and conditions to the Customer by e-mail. The GTC can be viewed and downloaded at any time here on this page. The past orders of the Customer can be viewed in the Customer login. The contractual partner is [●].
2.2 ZWILLING does not offer products for purchase by customers under the age of 18 years old, this also applies to products for children (e.g. children's cutlery).
2.3 All products are sold only in quantities customary in households. This refers both to the number of products ordered in one order and to the placing of several orders for the same product, where the individual orders cover a household quantity.
§ 3 Withdrawal policy
If the Customer is a consumer, he has the following legal right to change his mind:
Right of withdrawal
3.1 If the Customer wishes to cancel their order they have 14 days from the day they receive the goods to cancel. Notification of the cancellation must be received via email within 14 days of the receipt of the goods to customerservice@zwilling.co.uk. The Customer then has a further 14 days in which to return the cancelled goods.
3.2 The Customer must return cancelled goods and is responsible for the cost of return delivery and obtaining proof of postage. Please enclose a completed returns form in the parcel. Unwanted goods must be unused and returned in their original condition and packaging. ZWILLING do not charge any re-stocking or administration fees for returned goods. Whilst the goods are in the Customer’s possession, the Customer has a duty to take reasonable care of the products and to take reasonable care when returning the products so they are not damaged in transit.
The returns address is:
ZWILLING UK Web Returns
Unit 4 Sence Court
Bardon Hill
Coalville
LE67 1GZ
3.3 ZWILLING will refund the cost of the cancelled goods plus the original outbound delivery cost, if applicable, within 14 days of receiving acceptable returns. The cost of return delivery is paid for by the Customer.
3.4 ZWILLING reserve the right to make a deduction from the refund for any diminution in value of the goods caused by unreasonable handling of goods prior to their return. Reasonable handling of cancelled goods is defined as: “The extent to which a customer can handle goods is the same as it would be if you were assessing them in a shop.”
3.5 Please note that the Customer's right to return unwanted goods does not apply to personalised products such as engraved knives.
- End of the withdrawal policy -
3.6 Sample withdrawal form
If the Customer wishes to change his mind, he can fill in the following form and return it to ZWILLING. However, the form is not mandatory.
- To
ZWILLING
Unit 4 Sence Court
Bardon Hill
Coalville
LE67 1GZ
Or
customerservice@zwilling.co.uk.
- I/we (*) hereby give notice that I/we cancel my/our contract of sale 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 if this form is notified on paper)
- Date
(*) Delete as applicable.
§ 4 Extended Christmas returns policy
ZWILLING extend the withdrawal terms set out above in § 3 for items purchased by consumer Customers within the Christmas period. Consumer Customers have until 17th January the following year to return any products bought between 1st November and 31st December of the preceding year.
§ 5 Voluntary take-back by ZWILLING
5.1 In addition to the legal rights of the Customer according to § 3 of these GTC and Customer's additional legal rights where purchasing as a consumer, ZWILLING grants the Customer the following right to cancel a contract:
The Customer can cancel a contract irrespective of the 14-day withdrawal period (see § 3 of these terms and conditions) by returning the goods within 30 days of receipt (period begins the day after receipt of the goods) to the following address:
ZWILLING UK Web Returns
Unit 4 Sence Court
Bardon Hill
Coalville
LE67 1GZ
5.2 Punctual dispatch is sufficient to meet the deadline. However, the prerequisite for exercising the right to return the goods in accordance with § 5 of these GTC is that the Customer returns the goods complete and undamaged in the original sales packaging; goods that have been used cannot be taken back.
5.3 The Customer must return cancelled goods and is responsible for the cost of return delivery and obtaining proof of postage. Please enclose a completed returns form in the parcel. Unwanted goods must be unused and returned in their original condition and packaging. ZWILLING do not charge any re-stocking or administration fees for returned goods. Whilst the goods are in the Customer’s possession, the Customer has a duty to take reasonable care of the products and to take reasonable care when returning the products so they are not damaged in transit.
5.4 ZWILLING will refund the cost of the cancelled goods plus the original outbound delivery cost, if applicable, within 14 days of receiving acceptable returns.
5.5 ZWILLING reserve the right to make a deduction from the refund for any diminution in value of the goods caused by unreasonable handling of goods prior to their return. Reasonable handling of cancelled goods is defined as: “The extent to which a customer can handle goods is the same as it would be if you were assessing them in a shop.”
5.6 Please note that the Customer's right to return unwanted goods does not apply to personalised products such as engraved knives.
5.7 Repayment shall be made when exercising the right to return the goods in accordance with § 5 of these GTC in the form originally used by the Customer for payment, unless expressly agreed otherwise with him.
5.8 The legal right of withdrawal (see § 3 of these GTC) remains unaffected by the right to cancellation according to § 5 of these GTC. Only the legal requirements mentioned in § 3 of these GTC apply to the exercise of the legal right of withdrawal. The legal right of withdrawal and the legal rights of the Customer pursuant to § 10 of these GTC are not limited by the provisions on the right to return the goods pursuant to § 5 of these GTC.
§ 6 Faulty or damaged items
If the Customer is a consumer:
6.1 If the product is not as described, fit for purpose and/or of satisfactory quality, during the expected lifespan of the product the Customer's legal rights entitle the Customer to the following:
Up to 30 days: if the products are faulty, then the Customer can get an immediate refund.
Up to 6 months: if the products can't be repaired or replaced, then the Customer is entitled to a full refund, in most cases.
Up to 6 years: if the products do not last a reasonable length of time the Customer may be entitled to some money back.
6.2 To return a faulty product please contact the ZWILLING UK customer service team at customerservice@zwilling.co.uk. or 0330 363 0005.
6.3 Customers should also enclose a completed returns form in the parcel.
6.4 Customers outside the UK but within the EU should please contact ZWILLING before sending back the goods so that ZWILLING can ensure a smooth returns process. ZWILLING will reimburse the Customer the cost of returning the faulty goods.
If the Customer is a business:
6.5 If the Customer's product arrives faulty or damaged ZWILLING will refund the purchase price and delivery charge provided that the Customer notifies ZWILLING within 14 days of receipt. ZWILLING will also refund the purchase price together with delivery charge for any product that develops a fault within a period of 1 year from delivery (other than due to normal wear and tear, failure to follow instructions or misuse).
6.6 To return a faulty product UK Customer's should please contact the ZWILLING UK customer service team at customerservice@zwilling.co.uk. or 0330 363 0005.
6.7 Please also enclose a completed returns form in the parcel.
6.8 Customers outside the UK but within the EU should please contact ZWILLING before sending back the goods so that ZWILLING can ensure a smooth returns process. ZWILLING will reimburse the Customer the cost of returning the faulty goods.
6.9 This returns policy does not affect the Customer's legal and statutory rights.
§ 7 Goods lost in transit
ZWILLING will send replacement goods at its cost or offer a full refund including the original outbound delivery charges for goods which are lost in transit. All orders are sent by a courier and will require a signature upon receipt.
§ 8 Prices and delivery
8.1 All prices quoted in the ZWILLING Online Shop are in pound sterling, including the applicable statutory value added tax. The prices at the time of ordering are valid.
8.2 The goods are only shipped to a delivery address within the UK. After sending the confirmation of receipt, the delivery time within the UK is approx. 2-3 working days’ time.
8.3 If ZWILLING is not able to deliver the ordered goods through no fault of its own (e.g. due to force majeure or because a supplier/supplier of ZWILLING does not fulfil its contractual obligations), ZWILLING is entitled to withdraw from the contract with the Customer. In this case the Customer will be informed immediately that the ordered product is not available and any payments already made by the Customer will be refunded immediately.
8.4 ZWILLING bears the shipping risk.
§ 9 Payment methods, maturity and default of payment
9.1 The following methods of payment are offered in ZWILLING's online shop: credit and debit cards (MasterCard, Visa and American Express), PayPal and Klarna. ZWILLING reserves the right not to provide individual payment methods or to refer to other payment methods in individual cases.
9.2 If payment is made by credit or debit card, the invoice amount will be debited from the payment card account at the time that the order is dispatched. If payment is made by PayPal the invoice amount will be debited from the PayPal payment method at the time of ordering the goods. If the payment is made by Klarna, the invoice amount will be debited from the account in accordance with your chosen Klarna payment schedule. For more information regarding Klarna terms and conditions, please visit their website https://www.klarna.com/uk/terms-and-conditions/
§ 10 Legal rights; liability if you are a consumer:
10.1 If there is a defect in the purchased item, your legal rights shall apply.
10.2 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
10.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products, including the right to receive products which are: as described and match the information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
10.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If you are a business customer:
10.5 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
10.6 Except to the extent expressly stated in § 10.5 of these GTC, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
10.7 Subject to § 10.5:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £5,000 (five thousand pounds).
§ 11 Set-off, retention
The Customer is only entitled to a right of set-off (i.e. a right to take into account the money owed to the Customer by ZWILLING against any amount owed by the Customer to ZWILLING) if sums owed by ZWILLING have been legally established or are undisputed by ZWILLING. The Customer is only entitled to exercise a right of retention (i.e. a right to hold goods until sums owed by ZWILLING are paid to the Customer) if his right of retention is also legally established or undisputed by ZWILLING.
§ 12 Retention of title
The delivered goods remain the property of ZWILLING until the Customer has paid in full.
§ 13 Processing of personal data
ZWILLING processes personal data of the visitor of the online shop or Customer in the course of the operation of the ZWILLING Online shop and the processing of orders. Information on the details of the processing of personal data is contained in the ZWILLING. This is available here Privacy Policy.
§ 14 Applicable law, place of jurisdiction
If you are a consumer customer, these terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
