General Terms and Conditions for Sales via tff. 1. General information, scope of application of the General Terms and Conditions 1.1 All deliveries and services take place exclusively on the basis of the following General Terms and Conditions (hereinafter referred to as “GTC”) in their version valid at the time of the order. Unless expressly agreed, deviating terms and conditions do not apply. 1.2 The contracting party is S.C.S.GmbH, Kaiser-Friedrich-Ring 45, D-40545 Düsseldorf, Tel. +49 211 875 539 3-0, E-Mail: email@example.com (hereinafter referred to as the “Seller” or “we”). 1.3 The customer within the meaning of these General Terms and Conditions can either be a consumer or a contractor (hereinafter referred to as the “Customer” or “you”). Consumers within the meaning of the General Terms and Conditions are natural person who conclude contracts for a purpose which can neither be ascribed to their commercial nor professional activity. Contractors within the meaning of the General Terms and Conditions, are natural or legal persons or partnerships with legal capacity which carry out their commercial or independent professional activity by concluding a contract with the Seller. 1.4 Online platform (ODR platform) / extrajudicial dispute resolution: As online traders, we are obliged to refer you to the European Commission’s platform for online dispute resolution (ODR). This can be accessed via the following link: http://ec.europa.eu/consumers/odr/. We are not prepared or obliged to enter into dispute resolution proceedings before the consumer arbitration board. 2. Conclusion of contract 2.1 The contract becomes effective when an order confirmation is sent to you by email. Your order provides a binding offer to the Seller to conclude the contract with you. Once you have found the desired product, you can place this in the shopping cart by clicking on the button [add to bag] without obligation. You can view the contents of the shopping cart at any time by clicking on the button [ ] without obligation. You can remove the products from the shopping cart again by clicking on the box [ ] and confirming the “Remove” box in the window “Remove item?”. If you want to buy the products in the shopping cart, click on the button [Proceed to checkout]. 2.2 If you have not yet created a user account, create a user account in the next order step by providing your email address, username and password. If you have already created a user account, the delivery address and, if applicable, billing address, already provided by you as well as credit card details will be used automatically. In the next step you will provide a delivery and, if applicable, billing address and your credit card details. In the last step under “Confirm order” you will get an overview of your order details and can verify all the information. You can also change the delivery address and credit card details provided here. You can correct input errors by pressing the [back] button on the form, navigating the browser backwards or cancelling the order process and starting at the beginning. You finalise the order by pressing the [Buy now] button which sends us the order. You will then immediately receive an order confirmation, by which receipt of your order is confirmed and the Seller accepts the offer (your order) to conclude a contract.
3. Storage of the contract text We shall store your order and the order details entered. We shall send you an order confirmation by email with all order details. You have access at any time to the orders made by you via your tff. account. 4. Right of cancellation for consumers after shipping by us The following right of cancellation is only for distance-sale consumers: 4.1 Cancellation policy Right of cancellation You have the right to cancel this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day on which you or a third party designated by you who is not the carrier took possession of the goods. In order to exercise your right of cancellation, you must inform us S.C.S.GmbH, Kaiser-Friedrich-Ring 45, D-40545 Düsseldorf, Tel. +49 211 875 539 3-0, E-Mail: firstname.lastname@example.org about your decision to cancel this Agreement by means of a clear declaration (e.g. a letter sent by post or email). You may use the attached sample cancellation form, although this is not mandatory. To meet the cancellation deadline, it is sufficient to notify us that you intend to exercise your right to cancel before expiry of the cancellation deadline. Consequences of cancellation If you cancel this contract, we shall refund all payments that we have received from you, including delivery costs (except for the additional costs resulting from your having chosen a different type of delivery from the most reasonable standard delivery offered by us), without undue delay and at the latest within fourteen days from the date on which we received notification that you were cancelling this contract. For this refund we will use the same means of payment that you used for the original transaction, unless otherwise explicitly agreed with you; on no account will you be charged fees due to this repayment. We can refuse the repayment until we have received the goods back, or you have provided evidence that you have sent the goods back, whichever is earlier. You must send back or hand over the goods to us immediately and in any case at the latest within fourteen days from the day on which you informed us that you were cancelling this contract. The deadline is satisfied if you send the goods before expiry of the fourteen day period. You shall bear the direct costs of re-sending the goods. You only need to pay for any diminished value of the goods if such loss in value is due to handling of the goods which was not necessary for checking the quality, characteristics and function of the goods. 4.2. Sample cancellation form (If you wish to cancel the contract, please fill in this form and return it to us.) To S.C.S.GmbH Kaiser-Friedrich-Ring 45 D- 40545 Düsseldorf Tel. +49 211 875 539 3-0 Email email@example.com I/we (*) hereby cancel the contract I/we (*) have concluded for the purchase of the following goods (*)/the provision of the following service (*) Ordered on (*)/received on (*) Name of consumer(s) Address of consumer(s) Signature of the consumer(s) (only for notification on paper) Date (*) Delete inapplicable. 5. Price, delivery and shipping costs, delivery 5.1 All prices include the statutory VAT and shipping costs. 5.2 Payment processing shall take place directly between the Customer and Seller via payment service provider. Only the respective payment types indicated to the Customer as part of the order process shall be accepted. 5.3 We deliver to the countries that are indicated as a delivery country to the Customer by tff. 6. Warranty 6.1 If you are a consumer and make an order with us for a purpose which can neither be ascribed to your commercial nor professional activity, the warranty shall be given in accordance with the statutory provisions. 6.2 If you make your order with us as a contractor, the following shall apply: 6.2.1 Goods delivered are to be inspected by the Customer immediately after delivery if this is feasible in the normal course of business. If a defect appears, we are to be notified immediately. If the Customer fails to give notification, the goods shall be considered to be approved, unless there is a defect that could not be detected during the inspection. If such a defect appears later, notification must be given immediately after its discovery; otherwise the goods shall be considered approved even in view of this defect. Section 377 HGB (Commercial Code) remains unaffected. The Customer is not relieved from its duty of inspection even in case of recourse of the contractor in accordance with Section 478 BGB (Civil Code). In such cases, if the Customer does not report the defect claimed by its buyer, the goods shall be considered approved even in view of this defect. 6.2.2 If there is a defect, we are entitled, taking into consideration the type of defect and the legitimate interests of the Customer, to specify the type of supplementary performance. For these contracts, a supplementary performance shall be considered to have failed after the third unsuccessful attempt. This clause does not apply in case of recourse in accordance with Section 478 BGB. 6.2.3 In case of supplementary performance for defects, we are only obliged to bear the expenses required for this, particularly transport, travel, labour and material costs, to the extent that these do not increase by the article having been moved to a location other than the registered office or the commercial branch of the Customer to which it was delivered. This clause does not apply in case of recourse in accordance with Section 478 BGB. 6.2.4 The claims for defects of the Customer including the claims for damages shall expire in one year. This does not apply in the case of recourse in accordance with Section 478 BGB; it also does not apply in the cases of Sections 438 para. 1 no. 2 BGB as well as Section 634a para. 1 no. 2 BGB. This also does not apply for claims for damages due to injury to life, limb or health or due to grossly negligent or intentional breach of duty by us or our vicarious agents. 7. Liability for damages and reimbursement of expenses 7.1 If you are a consumer and make the order with us for a purpose which can neither be ascribed to your commercial nor professional activity, we are liable for damages in accordance with the statutory provisions. 7.2 If you make your order with us as a contractor, the following shall apply in the case of our contractual liability for damages in accordance with clauses 7.2 to 7.8: 7.2.1 If the claims are based on an intentional breach of duty by us, our representatives or our vicarious agents, we are liable for damages in accordance with the statutory provisions. If the claims are based on a grossly negligent breach of duty by us or our representatives or vicarious agents, liability is limited to the foreseeable, typically occurring damages. 7.2.2 If we or our representatives or vicarious agents have culpably breached a duty, the fulfilment of which enables the ordinary implementation of the contract in the first place and the breach of which threatens the achievement of the contractual purpose and on the compliance of which the Customer regularly relies on - and there is no case of liability in accordance with the statutory provisions within the meaning of clause 7.2.1. - liability is limited to the foreseeable, typically occurring damages. 7.2.3 Unless otherwise specified under clauses 7.2.1 and 7.2.2, our liability for damages is excluded. The same also applies if recourse claims are asserted against us as suppliers in accordance with Section 478 BGB. 7.3 The exclusions and limitations of liability under clause 7.2 also apply for other claims, particularly tortious claims or claims for compensation of wasted expenses instead of service. 7.4 The exclusions and limitations of liability under clause 7.2 do not apply for any possible claims under Sections 1, 4 Product Liability Act or due to culpable injury to life, limb or health. They also do not apply if we have assumed a guarantee for the quality of our goods or a successful performance or a procurement risk and the guarantee claim has occurred or the procurement risk has been realised. 7.5 Liability from the acquisition of a procurement risk only applies to us if we have accepted the procurement risk expressly in writing. 7.6 If the limitation of liability under clause 7.2 interferes with claims from the manufacturer’s liability in accordance with Section 823 BGB, our liability is limited to compensation from the insurance provider. If the insurance provider does not cover the amount, or does not cover it in full, we are liable up to the value of the insured sum. This clause does not apply in case of culpable injury to life, limb or health. 7.7 If our liability is excluded or limited, this also applies to personal liability on the part of our employees, legal representatives and vicarious agents. 7.8 A reversal of the burden of proof is not associated with these provisions. 8. Customer service For questions, claims or complaints, contact our customer service Monday - Friday from 9am to 5pm by phone at the phone number +49 211 875 539 3-0 or by email at firstname.lastname@example.org. 9. Applicable law, place of jurisdiction, other 9.1 German law applies under exclusion of the UN Convention on Contracts for the International Sale of Goods. 9.2 For customers who conclude the contract for a purpose which cannot be assigned to the commercial or professional activity (consumer), this choice of law does not affect the obligatory provisions of the law of the country in which the Customer has its usual residence. 9.3 If the buyer is a businessman, a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes from the contractual relationship is based on the registered office of our company in Düsseldorf.