of Scoot & Ride Vertriebs GmbH, Steiffstrasse 1, 4710 Grieskirchen, Tel: 0043-676-3759778, E-Mail: email@example.com.
§ 1 Applicability
1.1. These General Terms and Conditions (GTC) of Scoot & Ride Vertriebs GmbH, Steiffstrasse 1, 4710 Grieskirchen (hereinafter referred to as "we" or "us") apply to the ordering (hereinafter referred to as "order"), as well as the sale and delivery of all goods from our range, as well as for other legal transactions, and these GTC are acknowledged by the customer (hereinafter referred to as "you") with each order; the GTC may be amended by us at any time and apply in the version in effect at the time of your order.
1.2 In addition, these GTC can be accessed free of charge on our website on the Internet at http://www.scootandride.com/b2c-agb.pdf at any time and can be saved and printed out by you in a reproducible form.
1.3 We do not recognize any regulations of the contracting partner (customers) that contradict, deviate from, or supplement these GTC.
1.4 Customers within the meaning of these terms and conditions are consumers within the meaning of § 1 KSchG.
1.5 If individual provisions of these GTC or the contract concluded with the contracting partner are wholly or partially ineffective, this does not affect the effectiveness of the contract as a whole.
§ 2 Creation of contract of sale
2.1. Our offers and communications, even upon your request, are entirely non-binding unless explicitly specified as binding for a specific period. Cost estimates are non-binding in all respects unless we expressly declare the binding nature of the cost estimate in writing.
2.2. The presentation of goods on our online shop is merely an invitation to order products from us. All offers and promotions in advertising materials and on the online shop are valid only while supplies last. The respective online catalog loses its validity with the release of a new edition. Errors, printing, and typographical errors are reserved. Documentation accompanying offers, such as illustrations, drawings, weight or size specifications, samples, etc., are industry-standard approximations. Deviations of delivered branded items from the order concerning materials and execution are expressly reserved within the scope of technical progress.
2.3. We only enter into contracts with fully capable natural persons who have reached the age of 18. Persons under 18 years of age may purchase our goods only with the consent of a parent or guardian.
2.4. To place an online order through our website, registration (i.e., creating a user profile) is possible. Once you have created a user profile, subsequent orders can be made by entering the login and password you established during the initial registration. You are obligated to complete the fields (or provide information) in the online form fully and truthfully. We reserve the right, at our discretion, to deny access to our website or to close an account.
2.5. You can select products from our range without obligation and collect them in a so-called shopping cart by clicking the [Add to Cart] button. Within the shopping cart, you can modify your product selection, such as deleting items. Subsequently, by clicking the [Checkout] button within the shopping cart, you submit a binding offer to purchase the items in the shopping cart. Before submitting the order, you can change and review the data at any time, and you can return to the shopping cart or cancel the order process using the browser's "back" function. Mandatory information is marked with an asterisk (*).
2.6. After placing your order in the online shop, you will receive an automatically generated order confirmation via email. This order confirmation email lists the details of your order as well as these GTC once again. The automatically generated email order confirmation does not constitute acceptance of the offer but merely documents the receipt of the order by us. We subsequently verify the availability of the goods.
2.7. The contract is only formed when we dispatch the ordered product to you, hand it over to you, or confirm shipment to you with a second email, an explicit order confirmation, or by sending the invoice.
2.8. In deviation from clause 2.7., in the case of payment by advance payment, the contract is formed when we provide the bank details and payment request. If payment is not received by us within 10 calendar days after sending the order confirmation, even after a renewed request, we withdraw from the contract, resulting in the order becoming void with no obligation for us to deliver. Therefore, reservation of the item in the case of advance payments is valid for a maximum of 10 calendar days.
2.9. Outside the online shop, when placing an order, you are making a binding contract offer. Our acknowledgment of receipt does not constitute a binding acceptance of the order but merely documents the receipt of the order by us. We subsequently verify the availability. The acknowledgment of receipt only constitutes an acceptance when we expressly confirm it.
2.10. We reserve the right to reject orders or online orders without providing reasons. We retain the right to determine the manner in which the order is executed and only accept the order through separate order confirmation via email or, at the latest, through the delivery of the ordered goods. A contract is, in any case, only formed upon our acceptance of your order.
2.11. All oral agreements and arrangements require written form and confirmation by our management for their legal effect. Written notifications can also be transmitted electronically, such as via email or in other electronic means.
§ 3 Prices and conditions of payment
3.1. In the absence of a specific agreement, all our prices are in EURO and include VAT, and all payments to us must be made exclusively in EURO.
3.2. Prices do not include freight costs, import and export duties, execution fees, customs and customs charges, government commission fees, and incidental charges. Deliveries and services not included in the prices will be communicated to you on a separate information page.
3.3. Unless expressly agreed otherwise, shipments are made uninsured.
3.4. Obvious errors, especially errors that were already included in our offer and the accompanying documents, entitle us at any time to choose between canceling the contract or making reasonable changes to the agreed prices.
3.5. If delivered in parts, we are entitled to issue partial invoices.
3.6. Payment options will be provided to you on our online shop. Payment can be made by instant bank transfer, advance payment by wire transfer, PayPal, or credit card, with the reservation that we may exclude certain payment methods.
3.7. Invoices are payable net and free of charges within 14 days from the date of the invoice, unless otherwise agreed in writing.
3.8. Offsetting your claims against our claims is not permitted unless your claims are legally related to your current obligation, are judicially determined, or are acknowledged in writing by us. However, we or affiliated companies can offset claims through the offsetting process.
3.9. Payments with debt-clearing effect can only be made to the payee(s) specified in the invoice; payments to representatives or couriers do not release you from your payment obligation. The date of payment is the day the payment is received in our account.
3.10. Despite any contrary provisions on your part, we are entitled to allocate payments to your older debts first. If costs and interest have already accrued, we are entitled to allocate payments first to the costs, then to the interest, and finally to the principal. Any different allocation of payment by you is ineffective.
3.11. We reserve the right to request advance payments, down payments, or payment security from you, even before the delivery is carried out. If reasonable doubts arise regarding your ability to pay or creditworthiness after the contract is concluded, or if such circumstances become known to us later, we are entitled to demand either cash payment or payment security before delivery, or to withdraw from the contract and request reimbursement of expenses from you. We may also revoke granted payment terms and make all credited claims due immediately.
3.12. Cash discounts granted for already paid partial invoices become void in case of payment delays with subsequent partial invoices or the total invoice. Agreed delivery dates become void due to your payment delay. In case of payment delay, we are entitled to make the handover of goods, regardless of the order, to you or the further completion of goods, dependent on the advance payment or bank-based security of the agreed price, or to entirely withdraw from the contract. If you default on payment for which retention of title secures payment, we are at any time entitled to take possession of the reserved goods, even if the contract has not yet been terminated (right of repossession).
§ 4 Delivery
4.1. In the absence of a different agreement, the delivery period (2-4 business days for deliveries in Austria and 3-5 business days for deliveries to Germany, 6-10 business days for all other countries) commences at the latest of the following points:
4.1.1. Date of the order confirmation
4.1.2. If prepayment is agreed upon: Date when the agreed payment has been received by us.
4.2. If changes in the execution are required at your request, resulting in additional deliveries, not only will these additional costs be separately invoiced based on actual materials or time expended, but this additional work will also extend the agreed delivery or completion period accordingly.
4.3. If delivery deadlines and dates are exceeded by more than three weeks, you have the right to set a grace period with a notice that you reject the acceptance of the purchased item after the grace period expires. This grace period must be at least two weeks. If an agreement on a new delivery date is not reached after the grace period, you can withdraw from the contract in writing after the grace period expires. In case of delay or impossibility, should you demand damages for non-performance, such damages for slight negligence are limited to a maximum of 5% of the purchase price and only cover the replacement of direct damages, particularly excluding compensation for lost profits or any other indirect damages. Further claims against us, especially for delivery, are excluded.
4.4. Delivery to P.O. boxes is not possible. The correct specification of the delivery address is your responsibility. In case of non-delivery, we reserve the right to claim any resulting damages.
4.5. Deliveries are generally made by parcel services or freight carriers selected by us. We determine the method and route of transportation for shipments.
4.6. The following delivery area restrictions apply: Deliveries are made to the following countries: Austria, Germany, Italy, Hungary, Poland, Romania, Latvia, Lithuania, Denmark, Belgium, Luxembourg, Portugal, Cyprus, Czech Republic, Slovakia, Slovenia, Croatia, Bulgaria.
§ 5 Right of Withdrawal or Cancellation for Consumers in Distance Selling
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 on which you or a third party designated by you, who is not the carrier, take(s) possession of the last goods.
To exercise your right of withdrawal, you must inform us - Scoot & Ride Vertriebs GmbH, Steiffstrasse 1, 4710 Grieskirchen, Tel: 0043-676-3759778, Email: firstname.lastname@example.org - by means of a clear statement (e.g., a letter sent by post or email) about your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not mandatory.
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 you for all payments received from you, including the costs of delivery (except for 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 any event, you will not 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 the goods or hand them over to us 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 will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Exclusion or Premature Expiration of the Right of Withdrawal
The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
The right of withdrawal expires prematurely for contracts for the supply of sealed goods which are not suitable for return due to reasons of health protection or hygiene if their seal has been removed after delivery.
1. Please avoid damage and contamination of the goods. Please return the goods in their original packaging with all accessories and all packaging components. If you no longer have the original packaging, please ensure adequate protection against transport damage with suitable packaging.
2. Please do not send the goods back to us unfree.
3. Please note that the aforementioned points 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.
§ 6 Warranty
6.1. Your warranty claims are governed by statutory provisions. Regardless of your statutory warranty claims and the right of withdrawal in distance selling, returns and exchanges are generally not possible.
6.2. Minor variations in format, color, material, and quality of the goods from the illustrations are sometimes unavoidable and do not justify a warranty claim.
6.3. Warranty cannot be provided for defects resulting from improper use or excessive stress on the goods by you. Any modification or repair of the goods supplied by Scoot & Ride without their explicit prior written consent will void the warranty provided by Scoot & Ride. The same applies to improper storage or other deviations from the intended use of the goods.
§ 7 Compensation
7.1. We are liable for damages only in cases of intentional and grossly negligent behavior, as well as, regardless of the degree of fault, for damages resulting from the violation of life, body, or health. Compensation for consequential damages resulting from defects and compensation for damages to third parties are excluded.
7.2. We cannot be held liable for damages arising from improper handling and abusive use of the goods.
§ 8 Retention of Title
All goods and deliveries remain our property until the full payment of the agreed purchase price and any additional charges.
§ 9 Intellectual Property Rights
9.1. The website operated by us and its entire content, including texts, photos, images, graphics, prints, textile designs, films, presentations, sounds, illustrations, and any software, as well as all trademark and/or design rights, are protected by industrial property rights, especially copyrights, name and image rights, trademarks, and/or registered or unregistered design rights, against unauthorized use.
9.2. All information, graphics, and the design of our website are solely for the personal information of our customers. Use is at your own risk. Reproduction, copying, and printing of the entire website are only allowed for the purpose of placing an order with us as the operator of the virtual shop. Any use beyond browsing and purchasing a product requires our prior written consent or, if the respective rights do not belong to us, the consent of the rights holder. Any further processing, reproduction, distribution, and/or public presentation exceeds normal use and constitutes a violation of copyright.
§ 10 Data Protection
For all legal transactions, Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of performance is the company's registered office in 4710 Grieskirchen. The place of jurisdiction is Linz, to the extent legally permissible.