General terms and conditions

Dated: June 2010

These are the general T&C’s (in the following: ‚AGB‘):

Alfred Sternjakob GmbH & Co. KG
Frankenstraße 47-55
67227 Frankenthal
Tel. 0 62 33 / 49 01- 0
Fax. 0 62 33 / 49 01 - 670
VAT Identification No. DE 148422522

Alfred Sternjakob GmbH & Co. KG (subsequently ‚seller‘) only offers articles of the brand Scout to be purchased on the website for ‘www.scout-ranzen.de‘operated online shop. The following T&C’s apply once a contract has been concluded over this online shop:

§1 General – Area of Application

  1. Customers in terms of the present T&C’s are (End) Consumers. Consumers in terms of the T&C’s are every natural person with whom a business relationship is completed and serves neither the purpose for their commercial nor their independent business.
  2. For the business relationship including individual orders, deliveries and benefits between the seller and the consumer (in subsequently ‘purchaser’) the following T&C’s apply solely for the purchase relevant version.
  3. From the here present T&C’s differing, these contrary or complementary T&C’s of the purchaser will not become an integral part of the contract (even if the seller is aware of this), unless it’s validity is explicitly agreed to in writing.

§2 Conclusion of contract in the online shop

  1. All present products under scout-ranzen.de do not form a binding offer; they are to be understood as a demand to the purchaser to make a binding offer.
  2. With the purchase the purchaser declares his binding offer of contract. The receipt of this order is immediately confirmed to the purchaser. Thereby the confirmed receipt does not yet present the acceptance of the order even though it can be binding with the declaration acceptance. The contract of purchase comes about exclusively to the products which are in the shipping confirmation, even if the original order contained further products.
  3. The purchaser is entitled to reduce the order to an average household quantity.
  4. The seller is entitled to accept the included contract offer of the purchaser within three working days after receipt. The acceptance can either be declared by an explicit message or on dispatch of the goods.
  5. Illustrations as well as further product describtiv specifications are only roughly relevant as far as they are not explicitly indicated as binding by the seller. Especially after a new product line on behalf of the manufacturer changes in the interior of the products are possible. Such changes therefore within a reasonably context.
  6. The conclusion of contract between the purchaser and the seller takes place under conditional acceptance. In case of non-availability or only a partial availability of the capacity the seller will immediately inform the purchaser. In case of rescission the equivalent will immediately be refunded to the seller. The responsibility according to § 9 of this T&C stays unaffected.
  7. The seller is entitled to bar the purchaser from ordering possibilities and further orders, if he doesn’t accept the ordered goods without legitimate reason, if he doesn’t pay the purchasing price or disregard other obligations in the contract.

§ 3 Fee

  1. The prices listed in the current offers are invariable gross prices; this means that they include all price components including possible arising taxes. Packaging and shipping costs are declared separately.
  2. Cash deliveries are not possible outside of Germany.
  3. The right to counterclaim entitles the purchaser only insofar that his counterclaim is without question, effective or accepted by the seller. The purchaser is insofar only entitled to exercising a retention of goods as his counterclaim is based upon the same contractual relationship.

§ 4 Delivery and shipping conditions

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  1. Partial deliveries are allowed as far as they are reasonable for the purchaser. The seller carries the additionally accuring shipping costs due to partial deliveries. -
  2. The purchaser assures that he has given the right and complete delivery address. Should extra costs occur due to the delivery address being incomplete on shipping - new arising shipping costs for example, then the purchaser has to pay for it.
  3. Delivery will follow as soon as possible. This declaration is non-binding as far as a firm delivery time and a separate shipping confirmation has been agreed.

§ 5 Transfer of risks

  1. The risk of accidental loss and aggravation of the bought items is passed over to the purchaser according to the legal appointment.
  2. The handing-over equally stands if the buyer falls behind with the acceptance of the goods.

§ 6 Sale or return and consequences

The consumer is entitled to - on applicableness of the guidelines of distance selling contracts with regards to bought articles of a sale or return according to the requirement of the following instructions:

  1. The buyer can return received goods within a fortnight without a reason. The deadline begins after receipt of this advice in text form (e. g. letter, fax, email) but not before receipt of the goods by the buyer (by recurring delivery similar goods not before receipt of the first part delivery) and also not before completion of the duty to information of the seller according to article 246 § 2 in connection with § 1 clause 1 and 2 EGBGB and according to § 312 c clause 2 BGB in connection with article 246 § 3 EGBGB. The buyer can also return the goods through a written redemption. Only if parcel dispatch is not possible (e.g. bulky goods) the buyer can declare through a written redemption also. For the ensurance of the protection period it is enough if the dispatch of the goods or the written redemption arrives in sufficient time. In any case the return consignment is at the seller's risk and expense. The return consignment or the redemption should be sent to:
    Alfred Sternjakob GmbH & Co. KG
    Frankenstraße 47-55
    67227 Frankenthal
    Tel. 0 62 33 / 49 01 - 136
    Fax. 0 62 33 / 49 01 - 670
    contact@sternjakob.de
  2. In case of an effective return the benefits received on both sides have to be released and if necessary usage (e.g. advantage of usage) handed over. On aggravation of the goods the compensation for lost value can be demanded. This does not apply if the aggravation of goods has exclusively arisen on control – like for example it would be possible in a shop. The buyer incidentally can avoid the duty for compensation of loss value if through normal use of the item he avoids deterioration, that he does not use it as his own and avoids everything that might cause a decrease in value. Engagement to reimbursement of payment must be fulfilled within 30 days. The deadline for the buyer begins with the dispatch of the goods or of the redemption, for the seller on receipt.

§ 7 Reservation of proprietary rights

The seller is entitled to ownership of the delivered goods until fulfilment of all payments of the current order (including all additional payments, claim of indemnity or other claims irrespective of the legal basis). Contrary to agreement of the purchaser, especially on delayed payment the seller is after legal regulations entitled to resign from the contract after an unsuccessful reasonable set deadline and take back the retention goods. The seller is after resignation and the redemption of the goods entitled to their utilization; the utilization proceeds is – less reasonable utilization - to be bound. The purchaser is liable to handle the retention goods with care. The purchaser is not entitled to resell the retention goods.

§ 8 Liability for defects

The rights of the purchaser on defects (warranty) is regulated as follows:

  1. The legal warranty claims are applicable for all deliveries. Therefore claims exist first of all for material defects on supplementary performances (after choice of the sellers’ remedy of defects, new delivery). The purchaser has a claim on rescission of the contract of purchase on failure of supplementary performance or reduction of the purchasing price.
  2. The purchaser is not entitled to eliminate a present defect directly or through a third person (removed on one’s own); any arising expenses due to this will not be reimbursed to the purchaser.
  3. In case of transit damages the purchaser is liable to inform the seller immediately and any assertion of claims towards the respective transport company or rather the transport insurance to support one’s best endeavours. The purchaser therefore has the responsibility among other things to inform the forwarding agent of any loss or damage to the goods straight after delivery, as far as they are visible externally; he has to keep the packaging. If loss or damage is not visible externally the purchaser has to report it to the forwarding agent and the seller within a period of 7 days.
  4. The presentations of the goods as well as the according product specifications are to be seen as a pure service description in no case as guarantee for the purchase of the goods.

§ 9 Liability

  1. The seller is liable to damages for simple defaults of the damages to life, the body or health which is based on a deliberate or careless breach of duty by him, his legal deputy or his vicarious agents as well as for other defects, which are based on deliberate or grossly negligent breach of duty as well as bad faith, his legal deputy or vicarious agent. He is furthermore reliable for damages which are covered by accountability according to compulsive legal regulations for instance the Product Liability Act (ProdHaftG)
  2. The seller is liable for damages caused by simple defaults as far as the defaults are in breach with the contract regulations, whose abidance for attainment of contractual use is of great importance (delivery and payment of the goods). Thereby the liability is limited however to foreseeable, typical contractual, intuitive average damages.
  3. Further liability is without consideration to the legal nature of the enforced claim not possible.
  4. Eine weitergehende Haftung ist ohne Rücksicht auf die Rechtsnatur des geltend gemachten Anspruchs ausgeschlossen.

§10 Final clause

  1. The laws of the Federal Republic of Germany apply.
  2. The clauses of the International Private Law, as well as the clauses for the United Nations Convention on Contracts for the International Sale of Goods do not apply.
  3. Place of fulfilment is the place of business of the seller for all contractual and legal claims; as far as nothing else has been appointed or mandatory legal regulations are opposed to.
  4. If the purchasers place of residence or the usual residence is not known at the time of the commencing action, the exclusive jurisdiction for all differences of this contract is also the seller’s place of business. He is however also entitled to take legal action at other legal courts.
  5. Changes and endorsements of the present T&C are required in writing. This also applies for changes to this clause.
  6. Should simple clauses of the contract with the customer including this T&C be or become totally or partially invalid or the agreements contain a breach, then the validity of the other clauses stay unaffected. The parties are obliged in these cases to replace the invalid clauses totally or partially through an effective regulation whose economic success is close to the ineffective clause.
  7. This information is intended solely for informational purposes; the original German text shall be legally binding.