(I. TERMS & CONDITIONS
1. SCOPE OF APPLICATION
1.1. These general terms and conditions of business (hereinafter terms & conditions) of „SCATONI“, Ringstr. 87, 56170 Bendorf (hereinafter referred as “SCATONI”) apply to all contracts entered into by a consumer (hereinafter referred to as “customer”) with SCATONI related to goods displayed in the SCATONI online shop. A “consumer” refers to every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession (as in section 13 Buergerliches Gesetzbuch, “BGB” = German Civil Code). 1.2. SCATONI’s terms & conditions apply exclusively. Any customer’s diverging, contradictory or supplementary terms and conditions only become part of the contract if SCATONI has explicitly consented to their validity. The required consent applies in any case, and in particular if SCATONI, being aware of the customer’s general terms and conditions, makes any delivery to the customer without reservation.2. CONCLUSION OF THE CONTRACT
2.1. The displayed products in the SCATONI online shop represent invitations to the customer to place a binding order and not binding offers in a legal sense on the part of SCATONI. 2.2. The customer can select available products displayed on the SCATONI online shop and collect them in a virtual shopping basket by clicking the [“Add to Cart”] button. The essential features of the goods are displayed within the respective product description published on SCATONI’s website. In order to place the order, the customer must execute the following technical steps in the SCATONI online shop: Place the selected product(s) into the virtual shopping basket by clicking the [“Add to Cart”] button, check your selection by clicking the [“Shopping bag”] button, continue by clicking the [“Check Out”] button, log in with an already existing account data (user name and password) or register a new customer account or order without registration (as “guest”) inserting the invoice address and a delivery address (if differing), select the method of payment, check the order content overview and eventually confirm the binding offer for the order by clicking the [“I confirm my order”] button. Before placing the binding order by clicking the “[I confirm my order]” button, the customer can view and modify the data at any time by going backwards in the internet browser and using the means of data entering. The binding offer can only be placed and transmitted, if the customer accepts these terms & conditions and accepts them by clicking the button next to [“Ich akzeptiere die AGB und habe die Datenschutzerklärung gelesen” / “I accept the general terms and conditions and have read the data privacy statement”]. 2.3. SCATONI will confirm the reception of the order by e-mail. This confirmation does not constitute a binding acceptance of the order and contains the contract text, these general terms & conditions, the withdrawal information and the model withdrawal form, as well as further customer information. 2.4. The purchase contract comes into force with the transmission of an order confirmation by SCATONI via e-mail. The customer must ensure that all e-mails sent by SCATONI or by third parties assigned to complete the order (e.g. delivery company) can be received and noticed by the stated e-mail account. 2.5 After the order is placed on the SCATONI website order form, the contract text is saved by SCATONI and sent to the customer after having received the order (along with SCATONI’s terms & conditions, the withdrawal information and the model withdrawal form) in text form to the customer’s given e-mail address. The contract text is also archived on the SCATONI’s online customer account and can be retrieved free of charge by the registered customer via his user account by entering the login data. Otherwise the contract text cannot be retrieved via the SCATONI online customer account after dispatching the order.3. GOODS AVAILABILITY
SCATONI’s products can only be selected by the customer if available at the time of the ordering. If the product should be (temporarily) unavailable (e.g. damage during packaging procedure), SCATONI will inform the customer of this fact without any delay and in the case of a delivery delay exceeding two weeks, any party of the contract has the right to withdraw from the contract. In case of such a withdrawal SCATONI will immediately refund any payments already made by the customer.4. PRICES, SHIPPING AND DELIVERY
4.1. Prices stated in the SCATONI online shop are total prices and include VAT at the legally stipulated rate as well as the standard shipping costs. Any additional shipping costs (e.g. “express delivery” shall be indicated separately. In the case of international orders, further costs may incur for which SCATONI is not responsible and which must be borne by the customer, like bank charges for the transfer of funds (e.g. bank transfer charges, exchange rate fees) or import duties. They are also displayed by clicking the “[Shopping Bag]” button as well as in the order overview before the placement of the customer’s binding order. The customer is responsible for all fees or charges assessed by your telecommunications or internet provider that may incur. 4.2. SCATONI regularly ships to the United Kingdom and the United States of America. On inquiry SCATONI may ship to the remaining EU Member States and even remoter places. In any case SCATONI offers free standard shipping by DHL on all orders. 4.2.1. Shipping to the U.K. and the U.S.A. The delivery time is 3 to 5 (U.K.) or 10 to 12 working days (U.S.A.) respectively and starts after SCATONI has received the amount due. SCATONI offers “express delivery” within 2 days after the conclusion of the contract with shipping costs amounting to 25 Euros (U.K.) and 45 Euros (US) respectively. 4.2.2. Shipping to other inquired countries For any other EU Member State the delivery time is 3 to 5 working days and outside the EU 10 to 12 working days, starting after SCATONI has received the amount due. Express delivery shipping costs vary and are notified on request. 4.2.3. If an item should be temporarily unavailable (see above: 3. GOODS AVAILABILITY) and therefore not deliverable within the aforementioned time scope, the delivery time shall be extended accordingly. 4.3. SCATONI may produce individual, custom-made products. The shipping costs above remain constant but the delivery time varies, depending on the inquired product as well as the destination and the customer will be informed before the conclusion of the contract.5. TERMS OF PAYMENT
Payment can only be processed through PayPal. PayPal is an online payment service, with its own terms and conditions which apply directly. Further information about PayPal can be found on the PayPal website http://www.paypal.com.6. PROPERTY IN THE GOODS
The right of property in the goods remains with SCATONI until full payment has been made.7. HANDLING OF COMPLAINTS – ONLINE DISPUTES
SCATONI can be addressed with complaints directly using the contact data mentioned in these terms & conditions or using the European Commission’s platform for online dispute resolution: www.ec.europa.eu/consumers/odr.8. RETURN INFORMATION
8.1. SCATONI’s regular products can be returned within the scope of the terms of withdrawal (see: II. Consumer’s right of withdrawal). Altered or customized products on demand by the customer are non-returnable by the customer’s right of withdrawal. 8.2. If the customer returns the product for the reason that the product is defective SCATONI will examine the product and if decided that a refund is appropriate SCATONI shall notify the customer thereof within a reasonable period of time (in any event within 14 days of our notifying). If the customer returns a product that SCATONI agrees is defective SCATONI shall also refund the delivery costs and the costs of returning the product to SCATONI using the same method of payment used by the customer when placing the order. If SCATONI does not agree the product is defective SCATONI will return it to the customer stating the reasons for the decision.9. APPLICABLE LAW, LEGAL WARRANTY AND LANGUAGE
The laws of the Federal Republic of Germany exclusively apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent that the guaranteed protection is not withdrawn by compulsory regulations contained in the laws of the state in which the consumer’s main residence is located. The legal warranty laws apply to all SCATONI goods. For the conclusion of the contract German and English as languages are available.II. CONSUMER’S RIGHT OF WITHDRAWAL
1. WITHDRAWAL INFORMATION
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of withdrawal, you must inform us
„SCATONI“
Ringstraße 87
56170 Bendorf
E-mail: contact@scatoni.com
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
You may use the attached model withdrawal form, but it is not obligatory. 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.
Effects 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 14 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, without undue delay and in any event not later than 14 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 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of information on right of withdrawal
In accordance with section 312g, subsection 4, number 1 of the German Civil Code (BGB), the right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and the production of which is governed by an individual choice of or decision by the consumer or that are clearly tailored to the customer's personal needs.
2. MODEL WITHDRAWAL FORM
(complete and return this form only if you wish to withdraw from the contract)
To
“SCATONI“
Ringstr. 87
56170 Bendorf
Germany
E-mail: contact@scatoni.com
I/we (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / for the provision of the following service (*),
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if sending a notice on paper)
Date ------------------------
(*) delete as appropriate.