Terms of service
Payment, Delivery and Sales Terms and Conditions for Consumers
of Zimmer GmbH Daempfungssysteme
Valid from 01/07/2026
§ 1 Scope of Application
(1) These Payment, Delivery and Sales Terms and Conditions for Consumers of Zimmer GmbH Daempfungssysteme apply to all orders placed by consumers via our online shop.
(2) A consumer is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity (§ 13 German Civil Code (BGB)).
§ 2 Conclusion of Contract
(1) The purchase contract is concluded with Zimmer GmbH Daempfungssysteme.
(2) The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalogue.
By clicking the “Buy Now” button on the final order page, you submit a legally binding offer to Zimmer GmbH Daempfungssysteme to purchase the products contained in your shopping cart.
(3) Once you place an order with Zimmer GmbH Daempfungssysteme, we will send you a message confirming receipt of your order and listing the details of the ordered goods (order confirmation).
This order confirmation does not constitute acceptance of your offer; it merely informs you that your order has been received.
(4) The point at which the contract is concluded depends on the payment method selected:
SEPA direct debit
We accept your order by sending an acceptance declaration via e-mail or by shipping the ordered goods to the address provided by you.
Credit card
When submitting your order, you simultaneously provide us with your credit card details.
After verifying your identity as the legitimate cardholder, we request your credit card provider to initiate the payment transaction and thereby accept your offer.
PayPal
After completing the order process, you will be redirected to the PayPal website.
There, you will be asked to enter your payment details and confirm the payment instruction.
After placing your order, we request PayPal to initiate the payment transaction and thereby accept your offer.
§ 3 Prices; Payment Terms; Retention of Title
(1) All prices stated in our online shop are gross prices including statutory VAT and exclude any applicable shipping costs.
The total price including VAT and any applicable shipping costs will be displayed on the final order page before you submit your order.
(2) The payment methods available in the online shop are:
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SEPA direct debit,
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credit card (Visa, MasterCard),
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PayPal.
(3) The goods remain the property of Zimmer GmbH Daempfungssysteme until full payment has been received.
§ 4 Shipping and Transport Costs; Transfer of Risk
(1) Shipment and transport of our delivered goods are generally carried out uninsured and at your expense.
Collection of goods by the customer is not possible.
(2) In accordance with § 446 German Civil Code (BGB), the risk of accidental loss or accidental deterioration of the delivered goods shall only pass to you once you have obtained possession of the purchased item or are in default of acceptance.
§ 5 Right of Withdrawal
(1) You have the right to withdraw from the purchase contract concluded between you and Zimmer GmbH Daempfungssysteme within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you, or a third party designated by you who is not the carrier, have taken possession of the goods.
(2) The right of withdrawal does not apply to the following contracts:
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Contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive, or which are clearly customised to the consumer’s personal requirements.
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Contracts for the delivery of goods which, due to their nature, have been inseparably mixed with other goods after delivery.
(3) To exercise your right of withdrawal, you must inform us:
Zimmer GmbH Daempfungssysteme
Am Glockenloch 2
77866 Rheinau
Germany
Telephone: +49 7844 9110-0
Fax: +49 7844 9110-6199
E-mail: softclose@zimmer-group.com
by means of a clear statement (e.g. a letter sent by post or e-mail) informing us of your decision to withdraw from this contract.
(4) You may use the following model withdrawal form, although its use is not mandatory.
Model Withdrawal Form
(If you wish to withdraw from the contract, you may complete and return this form.)
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To: Zimmer GmbH Daempfungssysteme, Am Glockenloch 2, 77866 Rheinau, Germany
Telephone: +49 7844 9110-0
Fax: +49 7844 9110-6199
E-mail: softclose@zimmer-group.com -
I/We () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods (*)
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Ordered on () / received on ()
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Name of consumer(s)
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Address of consumer(s)
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Signature of consumer(s) (only if notified on paper)
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Date
(*) Delete as appropriate.
(5) We will immediately confirm receipt of your withdrawal.
To comply with the withdrawal period, it is sufficient that you send your notification regarding the exercise of the right of withdrawal before the withdrawal period expires.
(6) If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (except for any additional costs resulting from your choosing a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract.
For this reimbursement, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you. In no event will you be charged any fees for this reimbursement.
(7) We may withhold reimbursement until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.
You must return the goods to us without undue delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal from this contract.
The deadline is met if you send back the goods before the fourteen-day period has expired.
You shall bear the direct costs of returning the goods.
(8) You shall only be liable for any loss in value of the goods if this loss in value results from handling of the goods that was not necessary to examine their condition, properties and functionality.
§ 6 Warranty Rights for Defects
(1) Zimmer GmbH Daempfungssysteme shall be liable for defects in the delivered goods in accordance with the statutory provisions.
If you suffer damage due to a defect caused by fault, any claim for damages shall be subject to the provisions of § 8 (Liability; Exclusion of Liability).
(2) The limitation period for claims arising from defects in quality and title pursuant to § 438 para. 1 no. 3 German Civil Code (BGB) is two years.
This period applies to all cases in which subsequent performance, damages and reimbursement of expenses based on defects may be claimed.
The period begins upon delivery of the goods.
§ 7 Transport Damage
(1) In the event of transport damage or loss, you shall support Zimmer GmbH Daempfungssysteme to the best of your ability in asserting claims against the relevant transport company or transport insurer.
If goods are delivered with obvious transport damage, please report such defects to the transport company as soon as possible and contact us immediately by e-mail at:
(2) Failure to submit a complaint or failure to contact us shall have no consequences for your statutory claims and their enforcement, in particular your warranty rights.
However, your assistance enables us to assert our own claims against the carrier or transport insurer.
§ 8 Liability; Exclusion of Liability
(1) Zimmer GmbH Daempfungssysteme shall be liable in accordance with the statutory provisions in cases of:
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intent and gross negligence;
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negligent injury to life, body or health;
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the assumption of a guarantee or procurement risk;
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liability under the German Product Liability Act.
(2) In the event of a slightly negligent breach of essential contractual obligations, i.e. obligations whose proper fulfilment is essential for the execution of the contract and on whose fulfilment the customer may regularly rely, Zimmer GmbH Daempfungssysteme shall only be liable for the foreseeable damage typically occurring.
(3) Zimmer GmbH Daempfungssysteme shall be liable according to the above provisions both for its own actions and for the actions of its legal representatives and vicarious agents.
(4) Any further liability is excluded.
Insofar as liability is excluded or limited, this shall also apply in the event of personal liability of the legal representatives or vicarious agents of Zimmer GmbH Daempfungssysteme.
(5) Subject to the above limitations, Zimmer GmbH Daempfungssysteme shall not be liable:
(i) for damages caused by improper or unsuitable use of the supplied products, in particular due to excessive use, incorrect or negligent handling, improper maintenance, incorrect installation or incorrect commissioning;
(ii) if statutory instructions or installation, operating, maintenance and cleaning instructions issued by Zimmer GmbH Daempfungssysteme are not followed by you or third parties and damage results from such non-compliance;
(iii) for consequences caused by improper repairs carried out by you or third parties commissioned by you, or if modifications are made to the delivered goods or parts are replaced without our consent, unless the defect in question was not caused by such actions;
(iv) for normal wear and tear of the delivered goods.
§ 9 Electronic Communication; Data Protection
(1) If you send us messages by e-mail or other communications from your computer or smartphone, you are communicating with us electronically.
Zimmer GmbH Daempfungssysteme will also communicate with you electronically.
For contractual purposes, you agree to receive all communications in electronic form and agree that all notifications, confirmations and information provided by Zimmer GmbH Daempfungssysteme do not require written form, unless mandatory statutory provisions require another form of communication.
(2) Zimmer GmbH Daempfungssysteme collects and stores the data required for processing business transactions.
When processing your personal data, we comply with the applicable legal provisions, in particular the provisions of the EU General Data Protection Regulation (GDPR).
Details regarding the type, scope, location and purpose of the collection, processing and use of the required personal data by Zimmer GmbH Daempfungssysteme, as well as your rights as a data subject, can be found in our Privacy Policy.
(3) Data transmission via the Internet (e.g. communication by e-mail) may have security vulnerabilities.
Complete protection of data against access by third parties cannot be guaranteed.
§ 10 Copyright and Database Rights
(1) The entire content and works created by the website operator, including texts, graphics, logos, button icons, images, digital downloads and data collections, are the property of Zimmer GmbH Daempfungssysteme and are protected by German and international copyright and database rights.
(2) Without express written consent, you may not extract and/or reuse any content from this website.
The reproduction, modification, distribution and any other form of exploitation outside the limits of copyright law require the written consent of the respective creator.
Downloads and copies of this website are permitted only for private, non-commercial use.
§ 11 Final Provisions
(1) These Payment, Delivery and Sales Terms and Conditions for Consumers, as well as all legal relationships arising from the purchase contract between you and Zimmer GmbH Daempfungssysteme, shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) Should any provision of these Payment, Delivery and Sales Terms and Conditions for Consumers or any other agreements between Zimmer GmbH Daempfungssysteme and you be or become wholly or partially invalid or unenforceable, or should these contractual terms contain a gap, this shall not affect the validity of the remaining provisions or agreements.
(3) The consumer arbitration body responsible for us is:
Universalschlichtungsstelle des Bundes
Zentrum für Schlichtung e.V.
Straßburger Straße 8
77694 Kehl am Rhein
Germany
E-mail: mail@universalschlichtungsstelle.de
(4) We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
***
Payment, Delivery and Sales Terms for Entrepreneurs
of Zimmer GmbH Daempfungssysteme
Valid from 01 July 2026
§ 1 Scope of Application
(1) These Payment, Delivery and Sales Terms for Entrepreneurs of Zimmer GmbH Daempfungssysteme shall apply to all orders placed by entrepreneurs via our online shop.
(2) An entrepreneur is a natural person, legal entity or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity (§ 14 German Civil Code (BGB)).
§ 2 Conclusion of Contract
(1) The purchase contract is concluded with Zimmer GmbH Daempfungssysteme.
(2) A prerequisite for ordering as an entrepreneur is the registration of a business customer account for the online shop. During registration, you must provide your company name and, if available, your VAT identification number in order to enable Zimmer GmbH Daempfungssysteme to verify your status as an entrepreneur.
(3) The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalogue. By clicking the “Buy Now” button on the final order page, you submit a legally binding offer to Zimmer GmbH Daempfungssysteme to purchase the products contained in your shopping cart.
(4) Once you place an order with Zimmer GmbH Daempfungssysteme, we will send you a message confirming receipt of your order and listing the details of the products ordered (order confirmation). This order confirmation does not constitute acceptance of your offer; it merely informs you that your order has been received.
(5) The point in time at which the contract with us is concluded depends on the payment method selected by you:
SEPA Direct Debit
We accept your order by sending an acceptance declaration via e-mail or by dispatching the ordered goods to the address provided by you.
Credit Card
When placing your order, you transmit your credit card details to us at the same time. After verifying your identity as the legitimate cardholder, we request your credit card company to initiate the payment transaction and thereby accept your offer.
PayPal
After completing the order process, you will be redirected to the PayPal website. There you will be requested to enter your payment details and confirm the payment instruction. After placing your order, we request PayPal to initiate the payment transaction and thereby accept your offer.
§ 3 Prices; Payment Terms; Retention of Title
(1) All prices stated in our online shop are gross prices including statutory VAT and plus any applicable shipping or delivery costs. If you have already registered as a business customer and logged into the corresponding customer account, net prices excluding statutory VAT will be displayed. The total price including VAT and any applicable shipping costs will be displayed on the final order page before you place your order.
(2) The payment methods available within the online shop are SEPA direct debit, credit card (Visa, MasterCard) and PayPal.
(3) The goods shall remain the property of Zimmer GmbH Daempfungssysteme until full payment has been received. We reserve title to the goods until all claims arising from an ongoing business relationship have been fully settled. You are entitled to resell the goods subject to retention of title in the ordinary course of business; all claims arising from such resale shall be assigned to us in advance in the amount of the invoice value, irrespective of whether the goods subject to retention of title have been combined or mixed with another item, and we accept this assignment. You remain authorised to collect the claims; however, we may also collect the claims ourselves if you fail to meet your payment obligations.
§ 4 Shipping and Transport Costs; Transfer of Risk
(1) Shipping and transport of our delivered goods shall generally be carried out uninsured and at your expense. Collection of the goods by the customer is not possible.
(2) In accordance with § 447 of the German Civil Code (BGB), the risk of accidental loss or accidental deterioration of the delivered goods shall pass to you when we hand over the ordered goods to the shipping provider.
§ 5 Warranty Rights in Case of Defects
(1) You must notify us of shortages or incorrect deliveries within a period of two (2) weeks. Goods subject to complaints must not be processed or installed. Sections 377 et seq. of the German Commercial Code (HGB) shall apply.
(2) Zimmer GmbH Daempfungssysteme shall be liable for defects in the goods in accordance with the statutory provisions. If you suffer damage due to a defect caused by our fault, the provisions of § 7 (Liability; Exclusion of Liability) shall apply to any claim for damages.
(3) The limitation period for claims arising from material defects and defects of title shall be one year. This period applies to all cases in which subsequent performance, damages and reimbursement of expenses based on defects may be claimed. The period begins upon delivery of the goods.
§ 6 Transport Damage
(1) In the event of transport damage or loss, Sections 425 et seq. of the German Commercial Code (HGB) shall apply.
§ 7 Liability; Exclusion of Liability
(1) Zimmer GmbH Daempfungssysteme shall be liable in accordance with statutory provisions in cases of intent and gross negligence, in cases of simple negligence causing injury to life, body or health, in the event of the assumption of a guarantee or procurement risk, and in cases of liability under the Product Liability Act.
(2) In the event of simple negligent breach of essential contractual obligations, i.e. obligations whose proper fulfilment the customer regularly relies on and may rely on for the performance of the contract, Zimmer GmbH Daempfungssysteme shall only be liable for the typically foreseeable damage.
(3) Zimmer GmbH Daempfungssysteme shall be liable according to the above provisions both for its own actions and for the actions of its corporate bodies and vicarious agents.
(4) Any further liability is excluded. To the extent that liability is excluded or limited, this shall also apply in the event of personal liability of the corporate bodies or vicarious agents of Zimmer GmbH Daempfungssysteme.
(5) Subject to the above limitations, Zimmer GmbH Daempfungssysteme shall not be liable:
(i) for damage caused by improper or unsuitable use of the delivered products, in particular due to excessive stress, incorrect or negligent handling, improper maintenance, incorrect installation or commissioning;
(ii) if statutory or installation, operating, maintenance and cleaning instructions issued by Zimmer GmbH Daempfungssysteme are not followed by you or third parties and damage results from such non-compliance;
(iii) for consequences caused by improper repair work carried out by you or third parties commissioned by you, or if changes are made to the delivered goods or parts are replaced without our consent, unless the respective defect was not caused by this;
(iv) for normal wear and tear of the delivered goods.
§ 8 Electronic Communication; Data Protection
(1) If you send us messages by e-mail or other communications from your computer or smartphone, you communicate with us electronically. Zimmer GmbH Daempfungssysteme will also communicate with you electronically. For contractual purposes, you agree to receive all communication in electronic form and agree that all notifications, confirmations and information provided by Zimmer GmbH Daempfungssysteme do not require written form unless mandatory legal provisions require another form of communication.
(2) Zimmer GmbH Daempfungssysteme collects and stores the data required for processing your business transactions. When processing personal data relating to you or your employees, we comply with the applicable legal provisions, in particular the provisions of the EU General Data Protection Regulation. Details regarding the type, scope, location and purpose of the collection, processing and use of the required personal data by Zimmer GmbH Daempfungssysteme, as well as your rights as a data subject, can be found in our privacy policy.
(3) Data transmission via the internet (e.g. communication by e-mail) may contain security vulnerabilities. Complete protection of data against access by third parties is not possible.
§ 9 Copyright and Database Rights
(1) The entire content and works created by the website operator, including texts, graphics, logos, button icons, images, digital downloads and databases, are the property of Zimmer GmbH Daempfungssysteme and are protected by German and international copyright and database rights.
(2) You may not extract and/or reuse any content from the website without explicit written consent. Reproduction, modification, distribution and any other form of exploitation beyond the limits of copyright law require the written consent of the respective creator. Downloads and copies of this website are permitted solely for private, non-commercial use.
§ 10 Final Provisions
(1) These Payment, Delivery and Sales Terms for Entrepreneurs, as well as all legal relationships arising from the contract between you and Zimmer GmbH Daempfungssysteme, shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The place of performance and jurisdiction for all mutual obligations arising from the contractual relationship shall be the registered office of Zimmer GmbH Daempfungssysteme in 77866 Rheinau.
(3) You shall only be entitled to set-off or exercise rights of retention if the asserted claim is undisputed or has been legally established by a court. A right of retention may only be exercised if the counterclaim is based on the same contractual relationship.
(4) Should any provision of these Payment, Delivery and Sales Terms for Entrepreneurs or any other agreement between Zimmer GmbH Daempfungssysteme and you be or become wholly or partially invalid or unenforceable, or should there be a gap in these contractual provisions, this shall not affect the validity of the remaining provisions or agreements.