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GENERAL TERMS AND CONDITIONS AND RETURNS POLICY
§ 1 Supplier Information
Scandstyle, Inhaber Patrick Pfeil
Großbeerenstraße 146
Halle 4, Tor 10
12277 Berlin
Germany
Value Added Tax Identification Number (VAT No.) in accordance with § 27 VAT Act: DE 234 513 495
Responsible for the contents in accordance with § 10 paragraph 3 MDStV (Mediendienstestaatsvertrag / Media Services Treaty): Patrick Pfeil, address as above
§ 2 Contracts and conclusion of contract
Contracts once concluded ensure passing of title [to the goods] to the purchaser upon receipt of payment by Scandstyle. Any further offer of products is non-binding. A contract will only be concluded by acceptance of the purchaser's offer by Scandstyle. We agree to keep the purchaser appropriately informed throughout the processing of the purchaser's order. No minimum order amount is specified and there is no price increase for small-volume purchases.
§ 3 Pricing
Unless otherwise expressly stated prices are the final amount in euros inclusive of statutory VAT but exclusive of any delivery charges. The prices displayed are valid for internet orders only.
§ 4 Right of Withdrawal for Purchasers
Purchaser Returns Policy
For a purchaser, by which is meant person, who is concluding the transaction as a self-employed worker or for any purpose other than that of a commercial nature, the following provisions apply:
Right of Withdrawal
Purchasers may cancel their contractual obligation within two weeks either in writing (by letter, fax or electronic mail), without giving reasons, or by return of the goods. The time limit for such cancellation runs from receipt of these conditions and no earlier. If the purchaser receives these conditions following conclusion of the contract, the time limit is extended to one month following receipt of these terms and conditions. In order to comply with the terms of the Purchaser Returns Policy, prompt dispatch of any order cancellation or return of the item is necessary. All order cancellations should be addressed to:
Scandstyle, Inhaber Patrick Pfeil
Großbeerenstraße 146
Halle 4, Tor 10
12277 Berlin
Germany
Telephone: +49 (0)30 61 30 33 33
Fax: +49 (0)30 61 30 33 88
Returns Procedure
In the event of an effective order cancellation any payments received by Scandstyle or items received by the purchaser are to be refunded along with any additional costs reasonably incurred (i.e. interest). Should the purchaser be unable to return items to Scandstyle either in whole or in part or should the purchaser only be able to return the items in deteriorated condition, the purchaser must, where applicable, indemnify Scandstyle in the amount equal to the value of the item. This provision does not apply to items which have deteriorated during a trial period – an option which would be available to the purchaser when purchasing from a retail outlet. The purchaser can avoid having to pay the indemnity amount, appropriately valued, by keeping all goods in their original packaging and refraining from using them in any way so as to cause damage to the goods themselves.
Packages capable of being shipped should be returned to Scandstyle. The purchaser is liable for the costs of returns by post if the items delivered correspond with the order placed, or if the price of the returned item does not exceed 40 Euros or if the price exceeds 40 Euros at the time of the order cancellation and the purchaser has not yet made any contractual payment. In all other cases the purchaser is exempt from postal charges levied on returned items. Packages which cannot be shipped will be collected from the purchaser's home. Refunds of payments will be made no later than thirty (30) days following dispatch of a return form appropriately completed by the purchaser.
This right of withdrawal does not apply for the delivery of goods which have been assembled according to purchaser specifications, explicitly tailored to personal requirements, or which, due to the nature of the goods, are not suitable for return delivery due to their being perishable or subject to an expiry date which has passed.
- End of Returns Policy -
§ 5 Terms of Delivery
1. For each order under EUR 200 we charge postal expenses at a flat-rate of EUR 5. Delivery outside of Germany is charged separately. Cash on delivery fees of EUR 5 are charged to the purchaser.
2. If goods are immediately available we will dispatch them as quickly as possible by parcel service, post or haulier. Standard procedure is for orders to leave our warehouse if immediately available and be delivered to purchasers within two business days. Scheduled delivery dates must be agreed with the purchaser in writing and we are not responsible for delivery dates agreed otherwise.
§ 6 Conditions of Payment
For purchasers within Germany, payment may be cash on delivery, credit card (Mastercard, Visa, American Express) or in advance by bank transfer.
"Corporate clients" as defined in § 14 BGB (Bürgerliche Gesetzbuch / statute book) and enterprises registered under German public law with an office in Germany can also pay by invoice.
Purchasers and corporate clients with registered offices outside Germany may pay by credit card (Mastercard, Visa, American Express) or in advance by bank transfer.
§ 7 Conditional Sale
Scandstyle retains title to the goods delivered until all current and future claims arising from the business relationship with the purchaser have been fulfilled. This includes any additional services itemised on the invoice relating to the good delivered.
§ 8 Guarantee
If the purchased product has defects the statutory provisions set out in §§ 434 ff.BGB remain unaffected. This guarantee only covers claims for rectification of defects and to this end we can organise a replacement delivery. Sufficient time and opportunity should be granted to rectify any defects. If we are unable to rectify the defects the purchaser has the right to terminate the contract or agree to a reduction in price. All further claims of the purchaser arising from law are excluded. Liability for loss of profit or other financial losses of the purchaser are excluded.
§ 9 Data Protection
Data, including electronic correspondence, involved in the order transaction will be stored by Scandstyle. This stored data will not be made available to any third parties and will only be used to process the order/s. These terms and conditions apply the German Federal Data Protection Act (BDSG) and the Teleservice Data Protection Act (TDDSG). Having regard to the Data Protection Acts, placement of the order is evidence of the purchaser's consent to personal data being stored and processed within the context of the business relationship between the parties.
§ 10 Liability
This online shop, inclusive of the product descriptions and prices quoted, has been compiled by us with the greatest of care. In any event we exclude liability for possible irregularities or interim technical alternations to the goods.
Our liability for [defective] product information and application is limited to intent or gross negligence.
This limitation of liability shall not apply if the limitation of liability is prohibited by law, e.g. with respect to claims under the German Product Liability Act (Produkthaftungsgesetz) and in the case of injury to life, body and health.
The exclusion and/or limitation of liability according to the above also apply to the personal liability of employees, representatives and servants of Scandstyle.
Our liability for damages to property arising from an act of negligence or an omission, excluding intentional or gross negligence, is limited.
§ 11 Applicable/Governing law and jurisdiction
The relationship between the contracting parties is governed exclusively by the law of the Federal Republic of Germany. The standardised international Sale of Goods Act does not apply to these terms and conditions. If the purchaser is a "trader" as defined in the German Commercial Code (Handelsgesetzbuch, HGB) Berlin is the place of jurisdiction.
§ 12 Severability Clause
Should any provision or any part of any provision be or become invalid/ineffective or unenforceable, this shall be without prejudice to the validity/effectiveness of the remainder of the terms and conditions. In such case the parties agree to replace the invalid or unenforceable provisions by relative provision approaching as closely as possible the sense, spirit and purpose of these terms and conditions. Further, the parties shall take costs into consideration when replacing invalid or unenforceable provisions.
Stand: January 2006
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