General terms and conditions of SCROOSER GmbH & Co. KG
(1) These terms and conditions apply to all contractual relationships, between customers (the “Customer”) and SCROOSER GmbH & Co. KG, Kurfürstendamm. 194, D-10707 Berlin (hereinafter referred to as “Scrooser” or “us/we”) concluded through the online shop, in writing or by telefax.
(2) A “Consumer” is any natural person in accordance with Sec. 13 German Civil Code (BGB) who enters into a legal transaction for a purpose that can neither be attributed to their commercial or independent professional activity.
(3) Deviating or supplementary terms and conditions of the customer are not part of the contract.
(4) The funds available for the contract languages are German and English.2. Conclusion of agreement via web-shop
(1) The Customer can find information about the key features of the products that we offer in the product descriptions on our website. The information given there about our goods and services (e.g. colour, weight, dimensions) and our depictions of these goods and services (e.g. illustrations and pictures) are only approximations unless an exact match is required in order for the goods and services to be usable for the purpose intended by the agreement. This information and these depictions do not constitute guarantees of particular qualities, but are intended as descriptions or designations of the goods and services. Variations that are customary in the trade, that are the result of legal provisions or that constitute technical improvements are permitted, provided that they do not impair the usability of the goods and services for the purpose intended by the agreement.
(2) With sending the fully completed order-form, which we provide on our website, by pressing the button “binding order”, the Customer places a binding order for the goods. Scrooser is free to accept such order. Scrooser will accept such an order either by notifying the Customer (Acceptance Notification) or implied by sending the ordered good to the Customer. (3) The Customer can save and/or print a copy of his order via the completed order form (PDF file) or via the confirmation email that we send after the order has been submitted. We will also include these General Terms and Conditions with the confirmation email. The text of the agreement is saved on our internal systems, but the Customer will no longer be able to access it online after concluding the order.3. Prices and delivery costs
(1) The prices specified on our website and in the order form include VAT and other price components. However, they do not include delivery costs.
(2) The delivery costs are displayed after the Customer has made his selection in the order form.
(3) Deliveries to overseas addresses outside the EU may be subject to additional customs duties, taxes and charges. These costs must be borne by the Customer; however, the payment(s) should not be made to us, but to the applicable customs/tax authorities. You can find more information at (for example) http://ec.europa.eu/taxation_customs/customs/customs_duties/index_de.htm (in English and German). More information about import sales tax can be found at http://auskunft.ezt-online.de/ezto/Welcome.do (in German).4. Payment
(1) The Customer can choose to pay by either credit card or by PayPal.
(3) If the Customer chooses to pay by PayPal, after submitting his order the Customer must log into PayPal online using his login details and make the payment to us using the details specified in the order form.
(4) The Customer may only offset claims that are undisputed or have been established by a court of law. The Customer is only authorised to exercise a right of retention if the counterclaim is based on the same contractual relationship, is undisputed or has been established by a court of law. The Customer’s opposing rights in the event of defects in the delivered goods or services are unaffected.5. Delivery
(1) After receipt of payment, the delivery shall be made within the period of time specified in the order form. We will inform the Customer by email or fax prior to delivery.
(2) If we do not have all the ordered products in stock, we are entitled to make part-deliveries at our own expense as long as this is reasonable for the Customer.6. Right of Revocation
(1) Consumers have a fourteen-day withdrawal.
The instruction on the right of withdrawal/cancellationRight of Cancellation/Withdrawal
You have the right to withdraw within fourteen days without giving a reason this contract.
The withdrawal period shall be fourteen days from the date, have taken to buy, or a representative of your third party, other than the carrier, the goods in possession of or has.
To exercise your right, you have to (SCROOSER GmbH & Co. KG, Kurfürstendamm 194, D-10707 Berlin, phone. +49 302 21 83 67-900, Fax: +49 302 21 83 67-900,
Email: firstname.lastname@example.org) by means of a clear declaration (z. B., inform a consigned by post mail, fax or email) about your decision to withdraw from this contract. You can sure use the attached model withdrawal form, but which is not compulsory.
To safeguard the withdrawal period it is sufficient that you send your communication concerning the exercise of the right before the expiration of the withdrawal periodEffects of Withdrawal
If you withdraw from this contract, we will reimburse all payments we receive from you, including the costs of supply (with the exception of the additional costs arising from the fact that you have chosen a different method of delivery than that offered by us, cheapest Standard have), and repay immediately latest within fourteen days from the date on which the notification has been received through your cancellation of this contract with us. For this redemption, we use the same method of payment that you used in the original transaction, unless you expressly agreed otherwise; in any case you will be charged fees because of this repayment.
We pick up the goods. You bear the direct cost of returning the goods in the amount of 249 euros and 349 euros in Europe in overseas. You just have to pay for any diminished value of the goods, when this value is due to a loss necessary to ascertain the nature, characteristics and functioning of the goods handling.
(2) The right of withdrawal does not apply to the supply of goods which are not prefabricated and for their production of an individual choice or decision by the consumer shall prevail or which are clearly tailored to the personal needs of the consumer.
(3) Please avoid damage and contamination. Please make possible the ready goods in original packaging with all accessories and with all packaging components for pickup. If you no longer have the original packaging, please provide a suitable package for adequate protection from damage during transit. Please note that the above-mentioned modalities of this paragraph are not a prerequisite for the effective exercise of the right of withdrawal.7. Warranty
The warranty is subject to legal regulations.8. Damage Liability
For a liability on our part for damages without prejudice to other statutory eligibility requirements are the following disclaimers and limitations:
(1) We liable if we are guilty of intent or gross negligence. For simple negligence, we shall only be liable for breach of an obligation, the fulfillment of which renders a correct execution of the contractand on whose compliance the signatory can trust regularly. Incidentally, a compensation liability for damges of any kind, due to which the same cause of action, including liability for negligence of contract is excluded.
(2) If we are liable in accordance with paragraph 1 for simple negligence, our liability is limited to the damage, the occurrence of which we had expected in the circumstances known upon conclusion of typically.
(3) The above exclusions and limitations do not apply if we have a guarantee for the quality of the goods, nor for damages that are to be replaced under the Product Liability Act, nor for damage to life, limb or health.
(4) The foregoing exclusions and limitations also apply to our employees, agents and other third parties we use to fulfill the contract.9. Data Protection
We collect and store the necessary for the transaction data of the customer. In processing the personal data of customers, we observe the statutory provisions. Further details are contained in the callable in our online offer privacy statement.10. Applicable Law
For these business conditions and the entire legal relationship between us and our contractual partners the right of the Federal Republic of Germany applies, excluding the CISG (CISG). For consumers, this choice of law only insofar as the granted protection is not withdrawn by mandatory provisions of law of the country in which the consumer has his habitual residence shall apply11. Final Clauses
If any provision of these Terms and Conditions be invalid, the contract shall remain valid. Instead of the invalid provision, the relevant statutory provisions.12. Supplier Identification, Adress for Reiceiving Loads
Our address for complaints and other declarations of intent as well as our address for summons is: SCROOSER GmbH & Co. KG, Kurfürstendamm 194, D-10707 Dresden.
You can contact our customer service for questions and complaints Monday to Friday between 09:00 and 18:00 clock at between the telephone number +49 302 21 83 67-900 or by e-mail at email@example.comModel Withdrawal Form
(If you want to withdraw from the contract, please fill out this form and send it back.)
To: SCROOSER GmbH & Co. KG, Kurfürstendamm, D-10707 Berlin,
Fax:. +49 302 21 83 67-900, Email: firstname.lastname@example.org
Hereby give notice (s) I / We (*) withdraw from my / our (*) contract entered into for the purchase of the following goods (*) / provision of the following service (*)
Ordered on (*) / received on (*)