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General Terms and Conditions
Table of Contents
1. Scope of Application
2. Order Placement and Conclusion of Contract
3. Right of Withdrawal
4. Retention of Title
5. Warranty
6. Liability
7. Data Protection
8. Prices and Payment
9. Delivery Time
10. Shipping, Insurance, and Transfer of Risk
11. Storage and Accessibility of the Contract Text
12. Applicable Law, Jurisdiction, and Final Provisions
1. Scope of Application
1.1. The following General Terms and Conditions (“GTC”) apply exclusively to all contracts concluded via the online shop indigo-bison-747143.hostingersite.com (hereinafter “Online Shop”) between us, ScaleMonkey / Karsten Möbius, Käthe-Kollwitz-Weg 73, 89081 Ulm, Phone: +49 (0)731 / 40390785, Email: [email protected] (hereinafter “we” or “ScaleMonkey”), and you (hereinafter also “Customer”).
1.2. The Customer agrees to the validity of these GTC upon registering for the Online Shop, or at the latest when ordering goods via the Online Shop.
1.3. The goods offered in our Online Shop are aimed equally at consumers and entrepreneurs. For the purposes of these GTC, (I) a “consumer” is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession (Section 13 BGB) and (II) an “entrepreneur” is a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of their trade, business, or profession (Section 14 (1) BGB).
2. Order Placement and Conclusion of Contract
The goods offered in our Online Shop represent a non-binding invitation to order goods from ScaleMonkey bindingly. By ordering the goods by clicking a button such as “Buy” or “Order with obligation to pay” in the Online Shop, the Customer makes a binding offer to purchase the goods in the shopping cart. ScaleMonkey will confirm receipt of this order from the Customer immediately by email. This automatically generated confirmation of receipt does not constitute acceptance of the offer. The contract with ScaleMonkey is only concluded by a separate order confirmation from ScaleMonkey by email or by delivery of the goods (acceptance); however, ScaleMonkey will inform the Customer of the acceptance of the offer in any case within 5 business days; after this period has expired, the Customer is no longer bound by their offer. Ordering and delivery are only possible within the Federal Republic of Germany, unless we have agreed otherwise with the Customer in writing.
3. Right of Withdrawal
3.1. Cancellation Policy
If the Customer is a consumer, they are entitled to withdraw from the contract in accordance with the following cancellation policy:
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
a) on which you or a third party named by you, who is not the carrier, have taken possession of the goods, if you have ordered one or more goods as part of a single order and the goods are delivered uniformly;
or
b) on which you or a third party named by you, who is not the carrier, have taken possession of the last good, if you have ordered multiple goods as part of a single order and the goods are delivered separately;
or
c) on which you or a third party named by you, who is not the carrier, have taken possession of the last partial shipment or the last piece, if you have ordered a good that is delivered in multiple partial shipments or pieces.
If several of the above alternatives apply, the withdrawal period only begins on the day on which you or a third party named by you, who is not the carrier, have taken possession of the last good or last partial shipment or the last piece.
To exercise your right of withdrawal, you must inform us (ScaleMonkey, Käthe-Kollwitz-Weg 73, 89081 Ulm, Phone: +49 (0)731 / 40390785, Email: [email protected]) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). You may use the attached model withdrawal form for this purpose, but it is not mandatory.
You can also electronically fill out and submit the model withdrawal form or another clear statement on our website Withdrawal Form. If you make use of this option, we will immediately send you a confirmation of receipt of such a withdrawal (e.g., by email).
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.
Consequences 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 (ScaleMonkey, Käthe-Kollwitz-Weg 73, 89081 Ulm) 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 bear the direct cost of returning the goods.
3.2. Exclusion of the Right of Withdrawal
The right of withdrawal does not apply to contracts
– for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer;
– for the supply of goods that can spoil quickly or whose expiration date would be quickly exceeded;
3.3. Premature Expiration of the Right of Withdrawal
The right of withdrawal expires prematurely in the case of contracts
– for the supply of goods if, after delivery, they were inseparably mixed with other items according to their nature;
– for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery.
4. Retention of Title
The goods delivered to the Customer remain the property of ScaleMonkey until full payment has been made (“Reserved Goods”). You may not sell or pledge these Reserved Goods to third parties and must treat them properly and with care. The Customer must inform us immediately upon becoming aware of any third-party access to the Reserved Goods. The Customer is liable for all costs incurred for the removal of such access, in particular by filing a third-party action against execution, provided that the reimbursement of costs cannot be obtained from the third party concerned.
5. Warranty
5.1. A statutory right of liability for defects applies to the purchased goods.
5.2. If the delivered goods have a material defect and the Customer is an entrepreneur, we can choose between remedying the defect or delivering a defect-free item. Our choice can only be made by notifying the Customer in text form (including by fax or email) within three business days after notification of the defect.
5.3. If the Customer is a consumer, their claims for defects in the goods are subject to a limitation period in accordance with statutory provisions. If the Customer is an entrepreneur, the limitation period for the Customer’s claims for defects in new goods as well as in used goods is twelve months from the delivery of the defective goods. Deviating from this, the statutory limitation provisions apply insofar as ScaleMonkey is guilty of fraudulent intent, gross negligence, or intent with regard to the defect.
5.4. The following applies only to entrepreneurs: The Customer must carefully inspect the goods immediately after delivery. The delivered goods are deemed to have been approved by the Customer if a defect is not reported to us (1.) in the case of obvious defects within five business days after delivery or otherwise (2.) within five business days after discovery of the defect.
6. Liability
6.1. ScaleMonkey is liable without limitation
– in the event of intent or gross negligence,
– for injury to life, body, or health,
– in accordance with the provisions of the Product Liability Act, and
– to the extent of a guarantee assumed by ScaleMonkey.
6.2. Without prejudice to the provision in Section 6.1, ScaleMonkey is liable for negligence only in the event of a breach of essential contractual obligations, i.e., the breach of obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the Customer may regularly rely (“cardinal obligation”). In the event of a slightly negligent breach of a cardinal obligation, ScaleMonkey’s liability is limited to such typical damages and/or such a typical extent of damage that were foreseeable at the time the contract was concluded.
6.3. The above limitations of liability also apply in the event of fault on the part of a vicarious agent of ScaleMonkey as well as to the personal liability of the employees and representatives of ScaleMonkey.
6.4. The limitation period for claims for damages by the Customer is determined in accordance with statutory provisions in the cases mentioned in Section 6.1. The limitation period for other claims for damages by the Customer is one year. It begins at the end of the year in which the claims arose and the Customer obtains knowledge of the circumstances giving rise to the claim and the identity of the debtor, or would have obtained such knowledge without gross negligence; at the latest, however, claims in these cases become time-barred five years from their creation and ten years from the commission of the act, the breach of duty, or the other event causing the damage.
7. Data Protection
Insofar as personal data of the Customer is collected in the context of the conclusion and execution of the contract with the Customer, ScaleMonkey will observe the applicable data protection regulations, in particular the Federal Data Protection Act (“BDSG”), when processing and using such data. Further information on the handling of customer data can be found in ScaleMonkey’s privacy policy under Data Protection.
8. Prices and Payment
8.1. Unless a different price has been expressly agreed upon in individual cases, all deliveries by ScaleMonkey are made on the basis of the prices stated in the Online Shop on the day of the order. Our prices include statutory value-added tax. The shipping costs stated in the order are added to this. The Customer shall bear customs duties and similar charges.
8.2. We deliver against PayPal, Sofort transfer, advance payment, and on account for existing customers.
8.3. The Customer has no right of set-off or retention unless the counterclaim is undisputed or legally established.
9. Delivery Time
9.1. We will deliver the goods to the Customer within the delivery time stated on the respective offer page. If no delivery time is specified on the offer page, goods marked as “in stock” will be delivered within ten business days, and all other goods within four weeks.
9.2. The delivery time according to Section 9.1 begins on the day of our acceptance of the receipt of payment (i.e., on the day the purchase contract is concluded).
9.3. If the Customer is an entrepreneur, the following additionally applies: In the event that our supplier does not deliver goods to us on time that were marked as “not in stock” on the offer page in the Online Shop when ordered by the Customer, the delivery time otherwise applicable according to Section 9.1 is extended by the duration of the delivery by our supplier plus two working days, but by a maximum period of three weeks. The prerequisite for this extension of the deadline is that we have reordered the goods immediately and are not responsible for the delay in delivery by our supplier.
9.4. If the goods cannot be delivered or cannot be delivered on time, for example because one of our suppliers does not deliver the goods on time, we will notify the Customer of this immediately. If the goods are not available from our suppliers for the foreseeable future, we are entitled to withdraw from the purchase contract. In the event of withdrawal, we will immediately refund the Customer for any payments made to us. The statutory rights of the Customer due to default in delivery are not affected by the above provision, whereby the Customer can only claim damages in accordance with Section 6 of these GTC.
10. Shipping, Insurance, and Transfer of Risk
10.1. Unless expressly agreed otherwise, we shall determine the appropriate shipping method and the transport company at our reasonable discretion.
10.2. We are entitled to make partial deliveries of separately usable goods included in an order, whereby we shall bear the additional shipping costs caused by this.
10.3. The delivery of large and bulky goods is carried out by a forwarding agent. The forwarding agent only delivers the goods to the first step or to the first lockable door at the Customer’s delivery address.
10.4. If the Customer is an entrepreneur, we only owe the timely, proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company.
10.5. If the Customer is a consumer, the risk of accidental destruction, accidental damage, or accidental loss of the delivered goods passes to the Customer at the time the goods are delivered to the Customer or the Customer is in default of acceptance. In all other cases, the risk passes to the Customer upon delivery of the goods to the transport company.
10.6. We will insure the goods against the usual transport risks at our expense.
11. Storage and Accessibility of the Contract Text
The contract text is accessible to the Customer upon ordering and will be sent to the Customer by email if we accept the order. With the exception of the current GTC, the individual contract texts are not accessible in the Online Shop after the conclusion of the contract.
12. Applicable Law, Jurisdiction, and Final Provisions
12.1. The purchase contract existing between us and the Customer as well as all claims and rights resulting from it and related to it are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, subject to mandatory provisions of international private law.
12.2. If the Customer is a merchant within the meaning of Section 1 (1) of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the courts in Ulm shall have exclusive jurisdiction for all disputes arising from or in connection with the relevant contractual relationship. In all other cases, we or the Customer may file a lawsuit before any court having jurisdiction based on statutory provisions.
12.3. Should a provision of these GTC be or become invalid or contain an inadmissible time limit or a loophole, the legal validity of the remaining provisions shall remain unaffected. Insofar as the invalidity does not result from a violation of Sections 305 et seq. BGB (Validity of General Terms and Conditions), a valid provision that comes closest economically to what the contracting parties intended shall be deemed agreed upon instead of the invalid provision. The same applies in the event of a loophole. In the event of an inadmissible time limit, the legally permissible measure applies.
