Terms & Conditions
1. Scope, provider, definitions
1.1 These General Terms and Conditions apply to all orders placed through the online shop at zambilo.de and through the “Zambilo” mobile apps for iOS and Android (together, the “Platform”).
1.2 The provider and contracting party is:
Fateme Alipoor Khomearan Weißdornweg 4 22393 Hamburg Germany Phone: +49 151 41349312 Email: info@zambilo.de
1.3 The Platform is aimed exclusively at consumers within the meaning of Section 13 of the German Civil Code (BGB) who have reached the age of 18. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
1.4 Only these Terms in the version valid at the time of the order apply. Deviating terms of the customer do not become part of the contract unless we expressly agree to them in writing.
1.5 The language of the contract is German. Translations of these Terms serve comprehension only; in the event of discrepancies, the German version prevails.
2. Conclusion of contract
2.1 The presentation of goods on the Platform does not constitute a legally binding offer but a non-binding invitation to order.
2.2 By clicking the “Order with obligation to pay” button you make a binding offer to purchase the goods in your basket. Before submitting the order you can review your entries in the order summary and correct them using the usual keyboard and mouse functions and the back function.
2.3 After your order arrives we send an automatic confirmation of receipt by email. This confirms receipt only and does not yet constitute acceptance.
2.4 The purchase contract is concluded as soon as we expressly declare acceptance (order confirmation), dispatch the goods, or collect payment through the chosen payment service provider — whichever occurs first. If we do not accept the order within five working days, it is deemed rejected; any payments already made are refunded without delay.
2.5 We reserve the right to reject orders or to accept them in part only, in particular where goods are unavailable, where there are obvious pricing or display errors, or where there are well-founded indications of misuse.
2.6 We store the text of the contract and send you the order details together with these Terms and the withdrawal instructions in text form by email. After conclusion of the contract, the order details are available in your customer account.
3. Customer account
3.1 A customer account is required in order to place orders. Sign-in is passwordless via one-time passwords sent to the email address or mobile number you have registered.
3.2 You are obliged to provide accurate information and to update any changes without delay. Please keep your access and the one-time passwords you receive confidential and do not pass them on to third parties.
3.3 You may delete your customer account at any time via the “Delete account” function or by writing to info@zambilo.de. Statutory retention obligations and the fulfilment of open orders remain unaffected.
4. Prices and shipping costs
4.1 The prices stated on the Platform at the time of the order apply. All prices are final prices in euros and include statutory VAT.
4.2 For goods offered by weight, volume, length or area we additionally state the unit price.
4.3 Shipping costs are charged in addition to the price of the goods unless expressly stated otherwise. The amount follows from the shipping cost overview and is shown separately in the order summary before you submit the order.
4.4 For deliveries to countries outside the European Union, additional customs duties, taxes and fees may apply, which you must bear. These are levied not by us but by the competent authorities.
5. Payment terms
5.1 Payment is processed through the payment service provider Mollie (Mollie B.V., Keizersgracht 126, 1015 CW Amsterdam, Niederlande)). The payment methods available in each case — such as credit card, SEPA direct debit, Apple Pay or Google Pay — are shown during the ordering process.
5.2 The purchase price is due immediately and without deduction upon conclusion of the contract. Goods are dispatched after full receipt of payment or after successful authorisation of the payment.
5.3 You enter payment details directly with Mollie. The terms and privacy notices of the payment service provider and, for wallet payments, of the respective providers apply in addition. We do not receive full card details.
5.4 If a payment fails, is charged back or is revoked, we may suspend fulfilment of the order and ask you to pay by another means. In the event of default you owe default interest of five percentage points above the base rate. We reserve the right to claim further damages caused by default; you remain free to prove that the damage was lower. You bear the costs of a returned direct debit only to the extent you are responsible for it.
5.5 You have a right of retention only to the extent that it is based on claims arising from the same contractual relationship. Set-off is permitted against undisputed claims or claims established by final judgment.
5.6 We provide invoices electronically as PDFs; you can retrieve them at any time in your customer account.
6. Delivery and passing of risk
6.1 We deliver within the delivery areas stated during the ordering process, to the delivery address you provide. Delivery to parcel lockers is possible only where expressly offered during the ordering process.
6.2 The expected delivery time follows from the relevant product page or the order summary. Unless stated otherwise, dispatch takes place within two to five working days after conclusion of the contract and receipt of payment.
6.3 If an ordered item is unavailable, we will inform you without delay and refund any payments already made without delay; statutory claims remain unaffected.
6.4 Partial deliveries are permitted where reasonable for you. They do not give rise to additional shipping costs for you.
6.5 The risk of accidental loss and accidental deterioration passes to you only upon handover of the goods to you or to a person designated by you — including in the case of sale by dispatch (Section 475(2) BGB). This does not apply if you have commissioned the carrier yourself without us having named that carrier to you.
6.6 We ask you to report transport damage to us as promptly as possible and, where possible, to document the damage towards the carrier. This is not required to preserve your statutory warranty rights, but it helps us resolve the matter with the shipping company.
7. Retention of title
The delivered goods remain our property until paid for in full.
8. Specific terms for the purchase of food
8.1 Information on ingredients, nutritional values, allergens and origin can be found on the relevant product page. The information on the packaging of the delivered goods is always decisive for composition and allergen labelling; manufacturers may change recipes and packaging. If you need to avoid particular ingredients, please check the labelling of the delivered product before consumption.
8.2 Product images are illustrative. For natural products, deviations in colour, size, shape and weight are customary in the trade and do not constitute a defect.
8.3 For goods with a best-before date we ensure that the remaining shelf life at the time of dispatch is appropriate. Where we offer goods with a short remaining shelf life separately and at a reduced price, we state this expressly on the product page.
8.4 Please store the goods after receipt in accordance with the information on the packaging, and refrigerate products requiring refrigeration without delay.
9. Right of withdrawal for consumers
Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you, or a third party other than the carrier indicated by you, acquired physical possession of the goods.
Where you ordered multiple goods in one order that are delivered separately, the period is fourteen days from the day on which you, or a third party other than the carrier indicated by you, acquired physical possession of the last item.
To exercise the right of withdrawal you must inform us (Fateme Alipoor Khomearan, Weißdornweg 4, 22393 Hamburg, Germany, phone: +49 151 41349312, email: info@zambilo.de) of your decision to withdraw from this contract by an unequivocal statement (for example a letter sent by post or an email). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of the instructions on withdrawal
10. Exclusion and early expiry of the right of withdrawal
Under Section 312g(2) BGB the right of withdrawal does not exist, among others, for the following contracts:
contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual choice or decision by the consumer is decisive, or which are clearly tailored to the consumer's personal requirements (no. 1);
contracts for the supply of goods which are liable to deteriorate rapidly or whose expiry date would be exceeded rapidly (no. 2);
contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene, where their seal was removed after delivery (no. 3);
contracts for the supply of goods which, after delivery, according to their nature were inseparably mixed with other items (no. 4).
We indicate separately on the relevant product page and before you submit your order whether a right of withdrawal exists for the items concerned.
11. Model withdrawal form
(If you wish to withdraw from the contract, please fill in this form and send it back.)
— To Fateme Alipoor Khomearan, Weißdornweg 4, 22393 Hamburg, Germany, email: info@zambilo.de
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)
— Ordered on (*)/received on (*)
— Name of consumer(s)
— Address of consumer(s)
— Signature of consumer(s) (only if this form is notified on paper)
— Date
(*) Delete as appropriate.
12. Liability for defects
12.1 The statutory law on liability for defects (Sections 434 et seq. BGB) applies. Claims for defects become time-barred two years after delivery of the goods.
12.2 For food with a best-before or use-by date, the required quality is determined by the shelf life of the item in question.
12.3 We ask you to report defects — particularly for perishable goods — as promptly as possible to info@zambilo.de and, where possible, to document them. This is not required to preserve your statutory rights, but it makes it easier for us to review the matter and resolve it quickly.
12.4 A guarantee exists only where expressly given. Manufacturer guarantees apply in addition to your statutory rights and do not restrict them.
13. Liability
13.1 We are liable without limitation for damage arising from injury to life, body or health, in cases of intent and gross negligence, in cases of fraudulent concealment of a defect, within the scope of a guarantee assumed, and under the German Product Liability Act.
13.2 In the event of slightly negligent breach of a material contractual obligation — an obligation whose fulfilment makes proper performance of the contract possible in the first place and on whose observance you may regularly rely — our liability is limited to the foreseeable damage typical of this type of contract at the time the contract was concluded.
13.3 Liability is otherwise excluded.
13.4 The above limitations of liability also apply for the benefit of our legal representatives and vicarious agents.
14. Promotional codes and vouchers
14.1 Promotional and discount codes are issued as part of advertising campaigns, are valid for a specified period and cannot be purchased.
14.2 A code must be redeemed during the ordering process; subsequent crediting is not possible. As a rule only one code can be redeemed per order unless stated otherwise.
14.3 The value of a code is not paid out in cash and does not bear interest. Any remaining balance expires unless the campaign conditions provide otherwise.
14.4 If you withdraw from the contract in whole or in part, we refund the amount actually paid. If a return brings the order below a campaign's minimum order value, the discount granted may lapse proportionately.
14.5 Purchased gift vouchers — where offered — are valid for three years from the end of the year of purchase and may be transferred to third parties.
15. Use of the apps
15.1 For use of the Zambilo apps we grant you a simple, non-transferable, revocable right to install the app on your devices and use it as intended. Use of the app is free of charge; you bear the costs of your data connection.
15.2 You may not reverse-engineer, modify, reproduce or make the app available to third parties, except where mandatory law permits this.
15.3 Obtaining and updating the app is additionally governed by the terms of the respective app store. We may further develop, restrict or discontinue functions where this is reasonable for you; purchase contracts already concluded remain unaffected.
16. Changes to these Terms
The version of these Terms published on the Platform at the time of the order applies to that order. Changes do not have retroactive effect on contracts already concluded.
17. Dispute resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
18. Final provisions
18.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you have your habitual residence in another state, the mandatory consumer protection provisions of that state remain unaffected where they are more favourable to you.
18.2 For claims against us, the court at your place of residence is available to you in addition to the general place of jurisdiction, to the extent provided by law. We do not make any jurisdiction agreement to your detriment.
18.3 Should any provision of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. The statutory provisions take the place of the invalid provision.
Fateme Alipoor Khomearan · Weißdornweg 4, 22393 Hamburg, Germany · info@zambilo.de