General Terms and Conditions

TERMS AND CONDITIONS


Table of Contents

1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping terms
6. Retention of title
7. Liability for defects (warranty)
8. Liability
9. Special conditions for the processing of goods according to certain customer specifications
10. Redemption of promotional vouchers
11. Redemption of gift vouchers
12. Applicable law
13. Alternative dispute resolution


1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of ScandiHooks, owner: Dominik Siemon (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or business customer (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed.
1.2 These GTC shall apply accordingly to contracts for the delivery of vouchers unless expressly agreed otherwise.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. A business customer within the meaning of these GTC is a natural or legal person or a legal partnership acting in the exercise of their commercial or independent professional activity when entering into a legal transaction.

2) Conclusion of contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but serve to enable the Customer to submit a binding offer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping basket by clicking the button that completes the order process. Furthermore, the Customer may also submit the offer to the Seller by email.
2.3 The Seller may accept the Customer's offer within five days,
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Customer is decisive in this respect, or
- by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive in this respect, or
- by requesting payment from the Customer after the order has been placed.
If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays by means of a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time the Customer clicks the button completing the order process.
2.5 When an offer is submitted via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g. email, fax or letter) after the order has been submitted. The Seller does not make the contract text accessible beyond this.
2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors may be the browser's zoom function, which enlarges the display on the screen. Within the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button completing the order process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contact generally take place by email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address. In particular, if SPAM filters are used, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.

4) Prices and payment terms
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices including statutory VAT. Any additional delivery and shipping costs that may apply are stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for money transfers through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to money transfers if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the Customer in the Seller's online shop.
4.4 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. Stripe may use other payment services to process payments, for which special payment terms may apply and to which the Customer may be separately referred. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de .
4.5 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to carry out a credit check and to reject this payment method if the credit check is negative.

5) Delivery and shipping terms
5.1 Goods are delivered by shipping to the delivery address specified by the Customer, unless otherwise agreed.
5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of the outward shipment if the Customer effectively exercises their right of withdrawal. In the event of an effective exercise of the right of withdrawal by the Customer, the provision made in the Seller's cancellation policy shall apply to the return costs.
5.3 If the Customer acts as a business customer, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the freight forwarder, carrier, or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon handover of the goods to the Customer or a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer in the case of consumers as soon as the Seller has delivered the item to the freight forwarder, carrier, or other person or institution designated to carry out the shipment, if the Customer has commissioned the freight forwarder, carrier, or other person or institution designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only in the event that the non-delivery is not the Seller's responsibility and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed without delay and any consideration will be refunded without delay.
5.5 Collection in person is not possible for logistical reasons.
5.6 Vouchers are provided to the Customer as follows:
- by download
- by email

6) Retention of title
6.1 In relation to consumers, the Seller retains ownership of the delivered goods until the purchase price owed has been paid in full.
6.2 In relation to business customers, the Seller retains ownership of the delivered goods until all claims arising from an ongoing business relationship have been settled in full.
6.3 If the Customer acts as a business customer, they are entitled to resell the reserved goods in the ordinary course of business. The Customer hereby assigns to the Seller in advance all resulting claims against third parties in the amount of the respective invoice value (including VAT). This assignment applies regardless of whether the reserved goods have been resold without processing or after processing. The Customer remains authorized to collect the claims even after the assignment. The Seller's authority to collect the claims itself remains unaffected. However, the Seller will not collect the claims as long as the Customer meets their payment obligations to the Seller, is not in default of payment, and no application has been filed to open insolvency proceedings.

7) Liability for defects (warranty)
If the purchased item is defective, the provisions of statutory liability for defects shall apply. Deviating from this:
7.1 If the Customer acts as a business customer,
- the Seller has the choice of the type of subsequent performance;
- in the case of new goods, the limitation period for defects is one year from delivery of the goods;
- in the case of used goods, rights and claims due to defects are generally excluded;
- the limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.
7.2 If the Customer acts as a consumer, the following applies to used goods with the limitation set out in the following sentence: claims for defects are excluded if the defect occurs only after one year from delivery of the goods. Defects that occur within one year from delivery of the goods may be asserted within the statutory limitation period.
7.3 The limitations of liability and reductions of time limits regulated in the preceding clauses do not apply
- to items that have been used for a building in accordance with their usual manner of use and have caused its defectiveness,
- to claims for damages and reimbursement of expenses by the Customer, as well as
- in the event that the Seller has fraudulently concealed the defect.
7.4 In addition, for business customers, the statutory limitation periods for the right of recourse under § 445b BGB remain unaffected.
7.5 If the Customer is a merchant within the meaning of § 1 HGB, they are subject to the commercial duty to inspect and give notice of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations regulated there, the goods shall be deemed approved.
7.6 If the Customer acts as a consumer, they are requested to complain about goods delivered with obvious transport damage to the carrier and to inform the Seller accordingly. If the Customer fails to do so, this has no effect whatsoever on their statutory or contractual claims for defects.

8) Liability
The Seller is liable to the Customer for all contractual, quasi-contractual and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:
8.1 The Seller is liable without limitation on any legal basis
- in cases of intent or gross negligence,
- in the event of intentional or negligent injury to life, body, or health,
- on the basis of a guarantee promise, unless otherwise regulated in this respect,
- on the basis of mandatory liability, such as under the Product Liability Act.
8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with the preceding clause. Material contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the Customer may regularly rely.
8.3 Otherwise, the Seller's liability is excluded.
8.4 The above liability provisions also apply with regard to the liability of the Seller for its vicarious agents and legal representatives.

9) Special conditions for the processing of goods according to certain customer specifications
9.1 If, according to the content of the contract, the Seller owes not only the delivery of goods but also the processing of the goods according to certain customer specifications, the Customer must provide the Seller with all content required for processing, such as texts, images or graphics, in the file formats, formatting, image sizes and file sizes specified by the Seller, and grant the Seller the necessary rights of use for this purpose. The Customer is solely responsible for procuring and acquiring rights to this content. The Customer declares and assumes responsibility for having the right to use the content provided to the Seller. In particular, the Customer must ensure that no rights of third parties are infringed, especially copyrights, trademark rights and personal rights.
9.2 The Customer shall indemnify the Seller against claims made by third parties against the Seller in connection with an infringement of their rights through the contractual use by the Seller of the Customer's content. In this context, the Customer shall also bear the reasonable costs of the necessary legal defense, including all court and legal fees in the statutory amount. This does not apply if the Customer is not responsible for the infringement. In the event of a claim by third parties, the Customer is obliged to provide the Seller without delay with all information required for examining the claims and mounting a defense, truthfully and in full.
9.3 The Seller reserves the right to reject processing orders if the content provided by the Customer for this purpose violates statutory or official prohibitions or offends public morals. This applies in particular when content is provided that is unconstitutional, racist, xenophobic, discriminatory, insulting, harmful to minors and/or glorifies violence.

10) Redemption of promotional vouchers
10.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller's online shop and only within the specified period.
10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction follows from the content of the Promotional Voucher.
10.3 Promotional Vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
10.4 Multiple Promotional Vouchers can also be redeemed in a single order.
10.5 The value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.
10.6 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to pay the difference.
10.7 The balance of a Promotional Voucher is neither paid out in cash nor does it bear interest.
10.8 The Promotional Voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the Promotional Voucher within the scope of their statutory right of withdrawal.
10.9 The Promotional Voucher is transferable. The Seller may perform with discharging effect to the respective holder who redeems the Promotional Voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent lack of knowledge of the respective holder's lack of entitlement, incapacity, or lack of authority to represent.

11) Redemption of gift vouchers
11.1 Vouchers that can be purchased via the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop unless otherwise stated on the voucher.
11.2 Gift Vouchers and remaining balances on Gift Vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining balances will be credited to the Customer until the expiry date.
11.3 Gift Vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
11.4 Multiple Gift Vouchers can also be redeemed in a single order.
11.5 Gift Vouchers can only be used to purchase goods and not to purchase additional Gift Vouchers.
11.6 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to pay the difference.
11.7 The balance of a Gift Voucher is neither paid out in cash nor does it bear interest.
11.8 The Gift Voucher is transferable. The Seller may perform with discharging effect to the respective holder who redeems the Gift Voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent lack of knowledge of the respective holder's lack of entitlement, incapacity, or lack of authority to represent.

12) Applicable law
German law shall apply to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

13) Alternative dispute resolution
13.1 The EU Commission provides a platform for online dispute resolution on the internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court resolution of disputes arising from online sales or service contracts involving a consumer.
13.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.