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. Privacy Policy
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, Place of Jurisdiction, and Final Provisions
1. Scope of Application
1.1. All contracts concluded via the online shop indigo-bison-747143.hostingersite.com (hereinafter referred to as “Online Shop”) between us, ScaleMonkey / Karsten Moebius, Kaethe-Kollwitz-Weg 73, 89081 Ulm, Germany, Telephone: +49 (0)731 / 40390785, Email: [email protected] (hereinafter referred to as “we” or “ScaleMonkey”), and you (hereinafter also referred to as “Customer”) are subject exclusively to the following general terms and conditions (“GTC”).
1.2. By registering for the Online Shop, or at the latest by ordering goods via the Online Shop, the Customer agrees to the applicability of these GTC.
1.3. The range of products in our online shop is aimed equally at consumers and entrepreneurs. For the purposes of these General Terms and Conditions, (I) a “consumer” is any natural person who concludes the contract for purposes that are predominantly neither attributable to their commercial nor their independent professional activity (§ 13 BGB) and (II) an “entrepreneur” is a natural or legal person or a partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity (§ 14 para. 1 BGB).
2. Order Placement and Conclusion of Contract
The product offerings in our Online Shop represent a non-binding invitation to place a binding order for goods with ScaleMonkey. By ordering goods through clicking a button such as “Buy” or “Order with obligation to pay” in the Online Shop, the Customer submits a binding offer to purchase the goods in the shopping cart. ScaleMonkey will immediately confirm receipt of this order from the Customer by email. This automatically generated confirmation of receipt does not constitute acceptance of the offer. The contract with ScaleMonkey is concluded only through a separate order confirmation by ScaleMonkey via email or by delivery of the goods. (Acceptance); ScaleMonkey will, however, inform the Customer of the acceptance of the offer in any case within 5 working days; after this period, the Customer is no longer bound by their offer. Orders and deliveries 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. Instructions on Withdrawal
If the Customer is a consumer, they are entitled to withdraw from the contract in accordance with the following 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,
a) on which you or a third party named by you, who is not the carrier, took 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, took possession of the last goods, if you have ordered several 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 goods that are delivered in several partial shipments or pieces.
If several of the above alternatives exist, the revocation period begins only on the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods or last partial shipment or the last piece.
In order to exercise your right of revocation, you must inform us (ScaleMonkey, Kaethe-Kollwitz-Weg 73, 89081 Ulm, Germany, Telephone: +49 (0)731 / 40390785, Email: [email protected]) of your decision to revoke this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the attached sample revocation form for this purpose, but it is not mandatory.
You can also electronically fill out and submit the sample revocation form or another clear statement on our website Revocation form. If you make use of this option, we will send you a confirmation of receipt of such a revocation without delay (e.g. by email).
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us (ScaleMonkey, Käthe-Kollwitz-Weg 73, 89081 Ulm, Germany) without delay and in any case no later than within fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the direct costs 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 production 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 expiry date would be exceeded quickly;
3.3. Premature Expiry of the Right of Withdrawal
The right of withdrawal expires prematurely for contracts
– for the supply of goods if, after delivery, they have been inseparably mixed with other goods due to their nature;
– for the supply of audio or video recordings or computer software in a sealed package if the seal was removed after delivery.
4. Retention of Title
Until full payment, the goods delivered to the Customer remain the property of ScaleMonkey (“Reserved Goods”). You may not sell or pledge these Reserved Goods to third parties and must handle them properly and with care. The Customer must inform us immediately of any third-party access to the Reserved Goods upon becoming aware of it. The Customer is liable for all costs incurred for the removal of such access, in particular through the filing of a third-party action, insofar as the reimbursement of costs cannot be obtained from the third party concerned.
5. Warranty
5.1. A statutory right to warranty for defects exists for the purchased goods.
5.2. If the delivered goods are affected by 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 communicated to the Customer in text form (also by fax or email) within three working days after notification of the defect.
5.3. If the Customer is a consumer, their claims due to defects in the goods expire in accordance with statutory provisions. If the Customer is an entrepreneur, the limitation period for the Customer’s claims due to defects in new goods and used goods is twelve months from the delivery of the defective goods. Notwithstanding this, the statutory limitation provisions apply insofar as ScaleMonkey is charged with malice, intent, or gross negligence in view of the defect.
5.4. The following applies only to entrepreneurs: The Customer must carefully inspect the goods immediately after dispatch. The delivered goods are deemed approved by the Customer if a defect is not reported to us (1.) in the case of obvious defects within five working days of delivery or otherwise (2.) within five working days of discovery of the defect.
6. Liability
6.1. ScaleMonkey is liable without limitation
– in cases of intent or gross negligence,
– for injury to life, limb, or health,
– according to 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., 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 scope of damage that were foreseeable at the time of the conclusion of the contract.
6.3. The aforementioned limitations of liability also apply in the event of fault on the part of a vicarious agent of ScaleMonkey, as well as for the personal liability of ScaleMonkey’s employees and representatives.
6.4. The limitation period for the Customer’s claims for damages in the cases mentioned under Section 6.1 is determined by statutory provisions. 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 became aware of the circumstances giving rise to the claim and the person of the debtor, or would have become aware due to gross negligence; however, in these cases, claims expire at the latest five years from their accrual and ten years from the commission of the act, the breach of duty, or the other event causing the damage.
7. Privacy Policy
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 them. Further information on the handling of customer data can be found in ScaleMonkey’s privacy policy under Privacy Policy.
8. Prices and Payment
8.1. Unless expressly agreed otherwise 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 the statutory value-added tax. In addition, the shipping costs stated in the order apply. Customs duties and similar charges are to be borne by the Customer.
8.2. We deliver against PayPal, Sofort Überweisung (instant transfer), prepayment, and on account for existing customers.
8.3. The Customer has no right of set-off or retention, unless the counterclaim is undisputed or has been legally established.
9. Delivery Time
9.1. We will deliver the goods to the Customer within the delivery time stated on the respective product page. If no delivery time is specified on the product page, goods marked as “in stock” will be delivered within ten working days, and all other goods within four weeks.
9.2. The delivery period according to Section 9.1 begins on the day of our receipt of payment (i.e., on the day the purchase contract is concluded).
9.3. If the Customer is an entrepreneur, the following also applies: In the event that our supplier does not deliver goods to us in time, which were marked as “not in stock” on the product page in the Online Shop when ordered by the Customer, the delivery time otherwise applicable according to Section 9.1 shall be extended by the duration of the delivery by our supplier plus two working days, but by a maximum period of three weeks. A 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 are not deliverable or not deliverable in time, for example because one of our suppliers does not deliver the goods in time, we will inform the Customer 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 any payments made to us. The Customer’s statutory rights due to delay 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 determine the appropriate shipping method and 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 bear the additional shipping costs incurred.
10.3. The delivery of large and bulky goods is carried out by a forwarding agent. The forwarding agent delivers the goods only 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 are only obliged to deliver the goods to the transport company in a timely and proper manner and are not responsible for delays caused by the transport company.
10.5. If the Customer is a consumer, the risk of accidental loss, accidental damage, or accidental destruction of the delivered goods passes to the Customer at the time the goods are delivered to the Customer or the Customer defaults on 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, Place of Jurisdiction, and Final Provisions
12.1. The purchase contract existing between us and the Customer, as well as all claims and rights arising therefrom and related thereto, 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 international private law provisions.
12.2. If the Customer is a merchant within the meaning of § 1 para. 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 respective contractual relationship. In all other cases, we or the Customer may bring an action before any court competent according to 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 §§ 305 et seq. BGB (Applicability of General Terms and Conditions), an effective provision shall be deemed agreed in place of the invalid provision, which comes closest economically to what the contracting parties intended. The same applies in the event of a loophole. In the case of an inadmissible period, the legally permissible extent applies.
