General Terms and Conditions of Business

Terms of contract within the framework of purchase contracts concluded via the platform https://scf-innovationen.com

between

SCF GmbH
Industriegebiet 16
3261 Zarnsdorf

Tel: +43 660 5899051

für den Erwerb aus Österreich bzw.

SCF GmbH
Niederlassung Schulzendorf
Dorfaue 7
15745 Wildau

for acquisition from Germany and other countries

– hereinafter referred to as the “provider” –

and

the users of this platform – hereinafter “customer/clients” – are concluded.

§ 1 Scope of application

(1) The following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to the business relationship between the Supplier and the Customer. Deviating terms and conditions of the customer shall not be recognised unless the supplier expressly agrees to their validity in writing.

(2) The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18.

(3) The contract language is exclusively German.

§ 2 Conclusion of contract

(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.

(2) The customer can select products from the provider’s range and collect them in a so-called shopping cart via the “add to cart” button. By clicking on the “Buy now” button, the customer submits a binding application to purchase the goods in the shopping basket. Before submitting the order, the customer can change and view the data at any time.

(3) The supplier will then send the customer an automatic confirmation of receipt with the subject “Confirmation of your order with SCF Innovationen” by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function. The customer’s order (2) constitutes the offer to conclude a contract with the respective contents of the shopping basket. The confirmation of receipt (order confirmation) constitutes the acceptance of the offer by the supplier. This summarises the content of the order.

§ 3 Availability of goods, payment modalities and default of payment

(1) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this without delay. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. Incidentally, in this case the supplier is also entitled to withdraw from the contract. In this case, he will immediately refund any payments already made by the customer.

(2) The following delivery restrictions apply: The supplier only delivers to customers who have their usual place of residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, Austria.

(3) The customer can make payment by invoice, MasterCard, Sofortüberweisung, PayPal, Visa.

(4) Purchase on account is reserved for business customers only. The invoice amount is to be paid within 7 days less 2% discount, otherwise within 14 days after receipt of the invoice, which takes place with the delivery of the goods.

Sollte diese Option von Kunden, welche Verbraucher im Sinne des § 13 BGB sind, gewählt werden, wandelt sich die Zahlungsmodalität in Vorkasse um. The provider then sends a manual invoice. Immediately after receipt of payment, the order confirmation is sent and the purchase contract is concluded.

(5) For payments by Sofortüberweisung, MasterCard, Visa and PayPal, no further fees will be charged to the customer.

(6) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer shall already be in default by missing the deadline.

(7) If a customer defaults on payment, the following reminder fees shall be incurred by the customer:

When sending the 1. reminder, an additional € 5 reminder fee will be due. When sending the 2. reminder, the amount of the reminder fee increases to € 15. When sending the 3. reminder, the amount of the reminder fee increases to € 25.

§ 4 Offsetting / Right of Retention

(1) You shall only have a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or is in a close synallagmatic relationship to our claim.

(2) You may only exercise a right of retention insofar as your counterclaim is based on the same contractual relationship.

§ 5 Delivery and retention of title

(1) Delivery times stated by us are calculated from the time of our order confirmation (§ 2 (2) of these GTC), subject to prior payment of the purchase price.

(2) Until full payment of the purchase price, the delivered goods remain the property of the supplier.

(3) Unless otherwise agreed, the goods shall be delivered from the supplier’s warehouse to the address specified by the customer.

(4) The supplier is exceptionally not obliged to deliver the ordered goods if it has duly ordered the goods on its part but has not been supplied correctly or on time (congruent covering transaction). The prerequisite is that the supplier is not responsible for the lack of availability of the goods and has informed the customer of this circumstance without delay. In addition, the supplier must not have assumed the risk of procuring the ordered goods. In the event of corresponding unavailability of the goods, the payment already made will be refunded to the customer without delay.

§ 6 Prices and shipping costs

(1) All prices stated on the website of the Provider are exclusive of the applicable statutory value added tax.

(2) The corresponding shipping costs shall be indicated to the customer in the order form and shall be borne by the customer unless the customer exercises any right of revocation.

(3) In the event of a revocation, the customer shall bear the direct costs of the return shipment.

§ 7 Warranty

(1) Unless expressly agreed otherwise, the customer’s warranty claims shall be governed by the statutory provisions of the law on sales (§ 433 et seq. BGB).

(2) If the customer is a consumer within the meaning of § 13 of the German Civil Code (BGB), the limitation period for warranty claims for used goods shall be one year – in deviation from the statutory provisions. This restriction shall not apply to claims based on damages arising from the breach of a material contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as to claims based on other damages caused by an intentional or grossly negligent breach of duty by the user or its vicarious agents.

(3) In all other respects, the statutory provisions shall apply to the warranty.

(4) If the customer is an entrepreneur within the meaning of § 14 BGB (German Civil Code), the statutory provisions shall apply with the following modifications:

– Only our own specifications and the manufacturer’s product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.

– The customer is obliged to examine the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. This also applies to hidden defects. The assertion of warranty claims is excluded in the event of a breach of the duty to inspect and give notice of defects.

– In the event of defects, the supplier shall, at its discretion, provide warranty by rectification, replacement delivery or a price reduction, if accepted by the customer.

– If the supplementary performance fails twice, the customer may, at his option, demand a reduction or withdraw from the contract.

– The warranty period is one year from delivery of the goods.

§ 8 Liability

(1) Claims of the customer for damages are excluded. This excludes claims for damages of the customer arising from injury to life, body, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

(2) In the event of a breach of material contractual obligations, the provider shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the customer’s claims for damages are based on injury to life, limb or health.Text

(3) The restrictions of par. 1 and 2 shall also apply in favour of the Provider’s legal representatives and vicarious agents if claims are asserted directly against them.

(4) The provisions of the Product Liability Act shall remain unaffected.

§ 9 Notes on data processing

(1) The provider collects data of the customer within the framework of the processing of contracts. In doing so, it shall observe in particular the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer’s consent, the provider will only collect, process or use the customer’s inventory and usage data insofar as this is necessary for the processing of the contractual relationship and for the utilisation and billing of telemedia.

(2) Without the customer’s consent, the provider will not use the customer’s data for the purposes of advertising, market or opinion research.

§ 10 Alternative Dispute Resolution

The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes related to their online order without going to court in the first instance. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/.

We will endeavour to resolve any disagreements arising from our contract amicably. Furthermore, we are not obliged to participate in a conciliation procedure and unfortunately cannot offer you participation in such a procedure.

§ 11 Final provisions

(1) The law of the Federal Republic of Germany shall apply to contracts between the Provider and the Customers, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and private international law.

(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the Provider’s registered office.

(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. However, insofar as this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.

 

Status: April 2018