General terms and conditions of business
§ 1 General
(1) These Terms and Conditions apply to all contracts, deliveries and other services of Scoobe3D GmbH, Werner-von-Siemens-Straße 6, 86159 Augsburg, Germany (hereinafter referred to as "Seller"), regarding the online shop www.scoobe3d.com and all sub-domains belonging to the domain. Deviating regulations of the customers shall not apply unless the Seller has confirmed this in writing. Individual agreements between the seller and the customers always have priority.
(2) The business relations between the seller and the customers are subject to the law of the Federal Republic of Germany. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn. The validity of UN sales law is excluded.
(3) The contract language is exclusively German.
(4) The place of jurisdiction is Augsburg, if the customer is a merchant or a legal entity under public law or a special fund under public law. The same shall apply if a customer does not have a general place of jurisdiction in Germany or if the place of residence or habitual abode is not known at the time the action is filed.
(5) We deliver to the following countries: All EU countries including Switzerland, USA.
(6) Customers have the possibility to use an alternative dispute resolution. The following link of the EU Commission (also called OS platform) contains information about online dispute resolution and serves as a central contact point for the out-of-court settlement of disputes arising from online purchase contracts: ec.europa.eu/consumers/odr.
§ 2 Contents of contract and conclusion of contract
(1) The Vendor offers the customers new goods, especially 3D scanners, for purchase in the online shop www.scoobe3d.com. The buyer can access the contract text under My Account.
§ 3 Prices, shipping costs, value added tax and payment
(1) For orders via the online shop, the prices stated there apply. All prices are final prices.
(2) The prices include shipping costs and the statutory value added tax. For orders outside the online shop (see § 2 para. 3) the prices stated in the seller's offer are valid, also including shipping costs.
(3) The delivery of the customers by the seller is carried out according to the customer's wishes against the following payment methods: invoice in advance, credit card, Paypal or direct debit.
The choice of the respective available payment methods is incumbent on us. In particular, we reserve the right to offer only selected payment methods for payment, for example, only advance payment to cover our credit risk.
If you choose the payment method prepayment, we will give you our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days after receipt of the order confirmation.
When paying by credit card, the purchase price will be reserved on your credit card at the time of ordering (authorization). The actual debiting of your credit card account takes place at the time we ship the goods to you.
When paying with PayPal, you will be redirected to the website of the online provider PayPal during the order process. In order to pay the invoice amount via PayPal, you must be registered there or first register, authenticate with your access data and confirm the payment instruction to us. After submitting the order in the shop, we request PayPal to initiate the payment transaction. You will receive further instructions during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.
If you pay by direct debit, you may have to bear the costs that arise as a result of a back posting of a payment transaction due to lack of funds or due to incorrectly transmitted bank details.
(4) If you fall behind with a payment, you are obliged to pay the statutory default interest of 9 percentage points above the base interest rate. In addition, there is a claim to payment of a lump sum of 40 euros. We reserve the right to claim further damages.
(5) The Vendor always issues an invoice to the customer, which is handed over to the customer upon delivery of the goods or is otherwise received in text form.
§ 4 Delivery and transfer of risk
(1) The ordered goods will be delivered to the address given by the customer, unless otherwise agreed in the contract. The delivery is made from the warehouse of the Vendor.
(2) The availability of the individual goods is indicated in the item descriptions. Unless expressly agreed otherwise, the Vendor shall ship goods available from the warehouse within working days after the payment has been instructed (in case of advance payment by bank transfer: within working days after receipt of payment). If, in the case of a sale via the online shop, the goods are marked as not in stock, the Vendor will endeavour to deliver as quickly as possible. Information provided by the Vendor on the delivery date is non-binding, unless the delivery date has been bindingly promised by the Vendor in exceptional cases.
§ 5 Retention of title
The delivered goods remain the property of the Vendor until all claims arising from the contract have been settled; in the event that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond this from the current business relationship until all claims to which the Vendor is entitled in connection with the contract have been settled.
§ 6 Warranty
(1) In the event of defects, the customer shall be entitled to the statutory warranty rights in accordance with the following provisions. If only merchants are involved in the contract, §§ 377 ff. HGB shall apply.
(2) If you are a consumer within the meaning of § 13 BGB, the liability period for warranty claims for used goods is one year - in deviation from the statutory provisions This limitation does not apply to claims based on damages from injury to life, limb or health or from the breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation), as well as for claims based on other damages resulting from an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) In all other respects, the statutory provisions shall apply to the warranty, in particular the two-year limitation period pursuant to § 438 (1) No. 3 BGB.
(4) If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions shall apply with the following modifications:
- Only our own specifications and the manufacturer's product description are binding for the quality of the goods, but not public praise and statements and other advertising by the manufacturer.
- You are obliged to examine the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from the time the defect was discovered. In the event of a breach of the obligation to inspect and give notice of defects, the assertion of warranty claims is excluded.
- In the case of defects, we shall provide warranty at our discretion either by repair or replacement (subsequent performance). In the case of rectification of defects, we do not have to bear the increased costs incurred by taking the goods to a place other than the place of performance, unless the transfer corresponds to the intended use of the goods.
- If the subsequent performance fails twice, you may, at your option, demand a reduction in price or withdraw from the contract.
- The warranty period is one year from delivery of the goods.
§ 7 Transport damage
If goods with obvious damage to the packaging or contents are delivered, the customer shall, without prejudice to his warranty rights (§ 7), immediately complain about this to the forwarder/freight service and immediately contact the Vendor by e-mail or other means (fax/post) so that the Vendor can protect any rights he may have against the forwarder/freight service.
§ 8 Cancellation policy
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods.
In order to exercise your right of revocation, you must inform Scoobe3D GmbH, Werner-von-Siemens-Straße 6, 86159 Augsburg, Germany, phone: 49 821 24404380, e-mail: email@example.com by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You may use the attached sample revocation form for this purpose, but this is not mandatory.
You may also electronically complete and submit the sample cancellation form or other clear statement on our website www.scoobe3d.com. If you make use of this option, we will immediately (e.g. by e-mail) send you confirmation of receipt of such a revocation.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to make any refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us without delay and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
Revocation form If you want to cancel the contract, please fill out this form and send it back to us:
To Scoobe3D GmbH, Werner-von-Siemens-Strasse 6, 86159 Augsburg, firstname.lastname@example.org:
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*):...........................
Ordered on (*)/received on (*):...........................
Name of the consumer(s):...........................
Address of the consumer(s):...........................
Signature of consumer(s) (only for paper communication):...........................
(*) Delete as appropriate.
§ 9 Liability
(1) Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. In the event of slight negligence, we shall be liable for damages resulting from injury to life, limb and health of persons.
(2) Otherwise, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of breach of a material contractual obligation, the fulfillment of which is essential for the proper performance of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favour of our vicarious agents.
§ 10 Model protection, software
(1) The purchaser may not reproduce our goods or have them reproduced and may generally not sell any reproductions. (2) With the delivery of software programs, no ownership of the program is acquired, but only the right of use. The programs remain the property of Scoobe3D. The customer is not permitted to reproduce or copy the programs in whole or in part. (3) Decompilation and copyright notices. The reverse translation of the licensed software into other code forms (decompilation) as well as other types of reverse engineering of the various production stages of the licensed software are prohibited. Copyright notices, serial numbers and other features serving to identify the program may not be removed or changed under any circumstances.
§ 11 Information on the return and disposal of batteries/rechargeable batteries and electrical and electronic equipment
To avoid damage to the environment, batteries and electrical appliances must not be disposed of with household waste. You can return your old batteries free of charge to the public collection points in your municipality or wherever batteries are sold. You can also return your old electrical appliances free of charge to one of the municipal collection points. The acceptance of waste equipment may be refused if there is a risk to human health and safety due to contamination.
Used batteries and accumulators that are not enclosed by waste equipment must be separated from the latter before they are handed in [insert: at the collection point/at the stationary collection point/at the logistics service provider].
The symbol "garbage can" means that electrical appliances and certain batteries must be collected and disposed of separately from household waste.
You will also find the following information on batteries containing harmful substances:
- Pb: Battery contains lead
- Cd: Battery contains Cadmium
- Hg: battery contains mercury
§ 12 Final provisions
(1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
(2) Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention"). Mandatory provisions of the country in which you usually reside remain unaffected by the choice of law.
(3) If you are a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.
Last Updated: April, 2020
Liesegang & Partner mbB
60325 Frankfurt am Main
Tel. +49 69 7167267-0