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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. Data Protection
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. For all contracts concluded via the online shop indigo-bison-747143.hostingersite.com (hereinafter “online shop”) between us, ScaleMonkey / Karsten Möbius, Käthe-Kollwitz-Weg 73, 89081 Ulm, Germany, Phone: +49 (0)731 / 40390785, Email: service@scalemonkey.shop (hereinafter “we” or “ScaleMonkey”), and you (hereinafter also “customer”), the following general terms and conditions (“GTC”) apply exclusively.
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 goods in our online shop is aimed equally at consumers and entrepreneurs. For the purposes of these GTC, (I) a “consumer” is any natural person who concludes the contract for purposes that are predominantly neither commercial nor self-employed 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 self-employed professional activity (§ 14 para. 1 BGB).
2. Order Placement and Conclusion of Contract
The offers of goods in our online shop represent a non-binding invitation to order goods bindingly from ScaleMonkey. By placing an order for goods by 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 only concluded by a separate order confirmation from ScaleMonkey by email or by delivery of the goods. (Acceptance); ScaleMonkey will, however, inform the customer of the acceptance of the offer within 5 working days in any case; 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 in writing with the customer.
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 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 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, took possession of the last partial shipment or the last piece, if you ordered goods that are delivered in several partial shipments or pieces.
If several of the above alternatives apply, the withdrawal period begins only on the day on which you or a third party named by you, who is not the carrier, took possession of the last goods or the last partial shipment or the last piece.
To exercise your right of withdrawal, you must inform us (ScaleMonkey, Käthe-Kollwitz-Weg 73, 89081 Ulm, Germany, Phone: +49 (0)731 / 40390785, Email: service@scalemonkey.shop) by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, but this is not mandatory.
You can also electronically fill out and submit the sample withdrawal form or any other clear statement on our website Withdrawal Form. If you make use of this option, we will immediately send you a confirmation of receipt of such a withdrawal (e.g., by email).
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.
Consequences 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 fourteen 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 no event will you 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 or hand over the goods to us (ScaleMonkey, Käthe-Kollwitz-Weg 73, 89081 Ulm, Germany) without undue delay and in any event not later than fourteen 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 fourteen days has expired. 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 delivery 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 delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
3.3. Expiration of the Right of Withdrawal
The right of withdrawal expires prematurely for contracts
– for the delivery of goods if these were inseparably mixed with other goods after delivery due to their nature;
– for the delivery 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 treat them properly and carefully. The customer must inform us immediately of any third-party access to the reserved goods. The customer is liable for all costs incurred for the removal of such access, in particular by filing a third-party action, insofar as the reimbursement of costs cannot be obtained from the third party concerned.
5. Warranty
5.1. A statutory warranty right for defects exists for the purchased goods.
5.2. If the delivered goods are defective and the customer is an entrepreneur, we can choose between rectifying the defect or delivering goods free of defects. Our choice can only be made by notification in text form (also by fax or email) to the customer 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 the 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. Deviating from this, the statutory limitation provisions apply insofar as ScaleMonkey is guilty of malice, intent, or gross negligence with regard to 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 to have been approved by the customer if a defect is not reported to us (1.) in the case of obvious defects within five working days after delivery or otherwise (2.) within five working days after discovery of the defect.
6. Liability
6.1. ScaleMonkey is liable without limitation
– for 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. Notwithstanding the provision in Section 6.1, ScaleMonkey is liable for negligence only in the event of a breach of essential contractual obligations, i.e., the breach of 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 above limitations of liability also apply in the event of fault on the part of an auxiliary person of ScaleMonkey and 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 in Section 6.1 is governed by the 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 creation and ten years from the commission of the act, the breach of duty, or other event causing the damage.
7. Data Protection
Insofar as personal data of the customer is collected in the course of concluding and executing 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 it. Further information on the handling of customer data can be found in ScaleMonkey’s data protection provisions under Data Protection.
8. Prices and Payment
8.1. Unless expressly agreed otherwise in individual cases, all deliveries from 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. The shipping costs stated in the order are added to this. The customer must bear customs duties and similar charges.
8.2. We deliver against PayPal, instant bank transfer, prepayment, and against invoice for existing customers.
8.3. You have no right of set-off or retention unless your 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 offer page. If no delivery time is specified on the offer page, goods marked as “in stock” will be delivered within ten working days, and all other goods within four weeks.
9.2. The delivery time according to Section 9.1 begins on the day of our acceptance of the payment receipt (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 in time that were marked as “not in stock” on the offer page in the online shop when the customer placed the order, the otherwise applicable delivery time according to Section 9.1 will be extended by the duration of the delivery by our supplier plus two working days, but by a maximum of three weeks. A prerequisite for this extension of time 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 a withdrawal, we will immediately refund any payments made by the customer 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 as a result.
10.3. The delivery of large and bulky goods is carried out by a freight forwarder. The freight forwarder 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 loss 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 available to the customer upon order 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 available in the online shop after the contract has been concluded.
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 Section 1 (1) of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the courts in Ulm are exclusively responsible for all disputes arising from or in connection with the relevant contractual relationship. In all other cases, we or the customer may file a lawsuit before any court competent under 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 Sections 305 et seq. of the German Civil Code (BGB) (applicability of general terms and conditions), a valid provision that comes closest economically to what the contracting parties intended shall be deemed agreed in place of the invalid provision. The same applies in the case of a loophole. In the case of an inadmissible period, the legally permissible extent applies.
