General Terms and Conditions
1. Preliminary Remark
These terms and conditions apply to all business relations resulting from the delivery of goods by Scotch & Water Retail GbR, Haubachstraße 38, 22765 Hamburg, Germany.
2. Contract Closing
2.1 By placing an order, the customer makes a binding offer to conclude a contract. However, a contract shall only be concluded by dispatch of the goods or by our acceptance of the offer with the order confirmation, within 5 days of the order.
2.2 The text of the contract will be stored after conclusion of the contract and can be retrieved by the customer from Scotch & Water Retail GbR.
2.3 In the case of electronic orders, we shall automatically confirm receipt of orders. This confirmation does not constitute acceptance of the order within the meaning of section 2.1.
2.4 There is no minimum order value.
3. Terms of Payment
3.1 Payment is possible by bank transfer (prepayment) or Paypal (payment is made with the order, we will refund difference credits to your Paypal account on the day of shipment).
3.2 Our prices are subject to change, plus packaging and shipping costs. According to § 19 UStG we do not charge sales tax and therefore do not show it (small business status). In general, the price that is listed on our website at the time of the order will be charged. We reserve the right to make any typing, printing or calculation errors.
4. Right of Withdrawal for Consumer Contracts – Cost Sharing Agreement
4.1 A contract concluded between Scotch & Water GbR and the purchaser via www.scotchandwater.de/shop for the supply of goods is a contract within the meaning of § 312 b paragraph 1 BGB. The buyer, who is a consumer in the sense of § 13 BGB, is entitled by law to a right of revocation according to §§ 312g, 355 ff. BGB (consumer revocation in distance selling transactions). A consumer according to § 13 BGB is any natural person who concludes a legal transaction for a purpose that cannot be attributed to his/her commercial or independent freelance activity.
4.2 The Buyer shall receive more detailed information on his right of revocation as a consumer in the revocation instruction. A cancellation policy in text form will be sent to the buyer by e-mail.
5.1 We ship exclusively via Deutsche Post AG to the address specified by the customer in the order.
5.2 Postage and packaging vary and will be listed before the conclusion of the contract.
5.3 The ordered goods will be delivered within 7 days from acceptance of the offer. If individual items are not immediately available or have longer delivery times, this is noted in the item description.
5.4 If the customer is an entrepreneur, the risk of random loss and random deterioration of the object shall pass to the customer as soon as the goods have been handed over for transport. This shall apply irrespective of whether the shipment is made from the place of performance and who has to bear the transport costs. If the customer is in default of acceptance, the risk shall pass as soon as the customer is notified that the goods are ready for shipment.
5.5 If delivery is not possible for reasons for which the customer is responsible, we are entitled to charge the costs for the second shipment. It is possible to provide an alternative delivery address to avoid such problems.
5.6 Partial deliveries are only permitted by agreement or consent.
6. Reservation of Proprietary Rights
6.1 We retain full title to all deliveries until all payment obligations have been fully met by the customer.
6.2 In the case of deliveries to resellers, the reseller shall be entitled to resell the goods in the ordinary course of business. In principle, he shall be authorized to collect the claims. By way of security, the reseller shall assign to us all claims against its customers in the amount of the invoice value of the goods (extended reservation of title). We accept this assignment.
7 Warranty / Liability
7.1 Within the legal warranty period, it shall only be possible to demand rectification of defects or replacement delivery.
7.2 If we are not willing or able to rectify the defect or make a replacement delivery, or if this fails for other reasons, the customer shall be entitled, at its option, to withdraw from the contract or to demand a reasonable reduction of the purchase price (abatement).
7.3 Further claims of the customer, in particular claims for damages due to delayed delivery or lack of delivery, are excluded. This shall not apply if the causes of damage are based on intent or gross negligence for which we are responsible or in the event of injury to life, limb or health.
8. Final Provisions
Contract language is German.
Please send complaints, returns of goods, revocations to the following address:
Scotch & Water Retail GbR
As of: 22.05.2021