General Terms and Conditions (GTC) of Scale Print GmbH for Deliveries of Goods to Private End Users (B2C).

Issue 04/2019

§ 1 Scope of Application

The business relationship between Scale Print GmbH (hereinafter “Scale Print” or “Vendor”) and the buyer shall be exclusively governed by the following General Terms and Conditions (“GTC”) in the version available on the internet and as effective at the time of order. For the purpose of ordering, the GTC may also be stored and/or printed out.

Their currently valid version can be retrieved and printed out at

www.scale-print.de.

All orders placed in the online shop of Scale Print GmbH, as well as all direct orders and/or service orders placed with Scale Print GmbH shall be deemed as business relationships.

 

§ 2 Conclusion of Contract

Scale Print accepts orders only on the basis of these General Terms and Conditions.

The client orders goods by online shopping on the internet. The ordering of larger than the usual household quantities shall be subject to express prior agreement. Such agreement can either be realised by email or over the telephone. After the client has sent the order as a binding enquiry, the Vendor sends an email which confirms the receipt of the order and lists its details (confirmation of receipt). This confirmation of receipt is no acceptance of the order but only serves the purpose to inform about the receipt of the order. The contract is concluded by sending the shipping confirmation or by dispatching the goods.

No liability is accepted for improper application or handling during the order process.

The prerequisite for the conclusion of the contract is that the client is of legal age.

§ 3 Delivery and Shipping Costs

Any agreed dates and deadlines for the performance of deliveries shall not be deemed to be firm dates and deadlines, except as expressly agreed otherwise. The Vendor shall remain entitled to render the performance after expiry of a deadline, unless the delayed performance becomes impossible or undue. The Vendor shall be entitled to partial deliveries and partial performance, except as expressly agreed otherwise or as arises from the nature of the matter.

Shipping costs of EUR 5.00 are invoiced per each order. The Vendor reserves the right to adapt the shipping costs, if required or in individual cases. 

The delivery of the order is realised at the discretion of Scale Print GmbH.

Specific characteristics of the delivery time:

In the event that the advance payment is used as payment method, the delivery will only be initiated after payment receipt. The specified delivery time is effective from the date of payment receipt.

Deliveries are only possible within Europe. Deliveries outside Europe are only possible after prior agreement.

The Vendor informs immediately about the occurrence of delivery delays.

In the event that the ordered goods are not available, the Vendor reserves the right to reject the order and not to deliver. In this case, the Vendor notifies about this situation and any already received compensation is refunded immediately.

§ 4 Payment

The purchase price is due upon dispatch of the ordered goods. The prices at the time of order shall apply. All prices include the statutory value-added tax as valid at the time of ordering.

Unless otherwise agreed, the buyer may pay either by advance payment or by the online payment system “PayPal”.

§ 5 Retention of Title

Until full payment of all existing claims against the buyer, the goods delivered to the buyer remain the property of Scale Print (reserved goods). The buyer must not dispose of the reserved goods (i.e. must not sell or encumber them).

In the case of access by third parties - in particular by bailiffs - to the reserved goods, the buyer shall point out the property of Scale Print and notify Scale Print immediately, for enabling Scale Print to enforce its property rights. Insofar as the third party is not able to reimburse Scale Print the judicial or extrajudicial costs incurred in this connection, the buyer shall be liable for them.

Should the buyer act contrary to the contract - in particular in case of default of payment - Scale Print shall be entitled to withdraw from the contract and to demand the surrender of the reserved goods.

§ 6 Resale

The commercial resale from the product assortment is prohibited.

Notwithstanding the aforementioned, the commercial resale of products from the assortment of products requires in any case the prior written consent of the management of Scale Print. In the case of a commercial resale, an assignment of warranty claims to third parties shall be excluded.

§ 7 Rights of Buyer due to Defects

If the delivered goods do not feature the agreed quality or if they are not appropriate for the contractually presupposed use or for the generally normal use, or if they lack the qualities which the buyer can expect according to the statements made by the Vendor in this online shop, the Vendor shall at its own discretion either render supplementary performance by eliminating the defect or by delivery of faultless goods, provided that such a delivery should be reasonable and possible.

The Vendor may refuse to implement the kind of supplementary performance chosen by the buyer, if it would only be possible at unreasonable costs.

The Vendor shall be entitled to perform at least two attempts of supplementary performance. After two failed attempts of supplementary performance, the buyer may at its own discretion either reduce the purchase price appropriately, or may withdraw from the contract, or, provided that the statutory requirements are met, may claim damages or reimbursement of futile expenses.

If the Vendor supplies faultless goods to the buyer for the purpose of a supplementary performance, the buyer shall be obliged to send back the defective goods on one-by-one basis. The return of the defective goods shall be performed pursuant to the statutory regulations of §§ 439 subsection 4, 346-348 BGB (German Civil Code).

The statute of limitations for the aforementioned claims is 2 years from the delivery of the goods.

Wear parts and consumables are generally excluded from the warranty.

Defects which were caused by improper handling by the buyer are not subject of the warranty.

§ 8 Liability

In the case of an infringement of a duty due to slight negligence, the liability of the Vendor shall be limited to the foreseeable direct average damage that is typical of the contract and dependent on the type of goods. The Vendor shall not be liable in particular for consequential damage or for other economic losses of the buyer. This shall also apply in case of an infringement of a duty due to slight negligence on the part of legal representatives, employees or vicarious agents of the Vendor. This limitation of liability also includes the liability for tortious act. Said limitation shall not apply in case of personal injuries, fault in contract negotiations (culpa in contrahendo) or claims which the buyer asserts pursuant to the Product Liability Act.

§ 9 Place of Jurisdiction and Applicable Law

In the case of disputes and litigations the law of the Federal Republic of Germany is exclusively applicable. The place of jurisdiction is Hamm.

10. Severability Clause

Insofar as a provision in these General Terms and Conditions or in any other agreement should be invalid, the validity of all other provisions in these General Terms and Conditions or in any other agreements shall remain unaffected by this.

-End-

 

Issue 04/2019

Orders which will placed up to 15.09.2020, can be delivered earliest
at the 29.09.2020 due to the reason that I am out from 24.09.-28.09.2020.