Terms and conditions
General terms and conditions of trade
The following terms and conditions hold for orders of wares in the ScanDig internet-shop.
§ 1 Conclusion of the contract
1. All offers of the company ScanDig are subject to change. A sales contract is concluded if ScanDig accepts your order eiher by supplying the goods, or by sending a confirmation of the order in text form, or by requesting the payment.
2. After executing an order transaction you will automatically receive a notice of receipt of your order from our shop system by e-mail. This notice of receipt contains both the order data and our Terms & Conditions. Please, save this notice of receipt carefully. Whilst you can retrieve our terms & conditions anytime on our site www.scandig.com/terms-conditions.html, the order data cannot be retrieved after the order. The contract text will not be saved by us. Please contact us, if you do not receive this notice of receipt of the order.
3. The contract language for orders in the ScanDig internet shop www.scandig.com is English.
§ 2 Prices and Terms of payment
1. List prices at the time of the order apply. These are also recorded in the automatically generated notice of receipt of the order.
2. All indicated prices include the legal VAT. Additionally overall transportation expenses occur, which are likewise recorded in the notice of receipt of the order, details on our site shipping costs. The VAT is specified on the invoice except for articles, for which according to §25a UStG the differencial taxation applies.
3. Dispatch of the ordered goods takes place not before complete payment of the invoiced amount or - only in case of supply within the Federal Republic of Germany - by cash on delivery (cash payment to the deliverer). In both cases a detailed invoice is included in the delivery. In case of personal pickup of the wares the payment must take place either by cash, by EC card or by prepayment within one week. In case of prepayment orders the invoiced amount has to be credited to our bank account within one week.
4. We supply public authorities, schools, universities and hospitals on account within Germany after having received an official order by fax or letter.
5. We supply tax free to Switzerland and - by presenting a valid VAT ID - to the European Union. A subsequent refunding of the added VAT, e.g. by personal export from Germany, is not possible.
6. The wares are property of ScanDig GmbH until the purchase price is completely payed.
§ 3 Delivery period
The delivery period is indicated directly at the product description. The delivery period starts in case of order "cash on delivery" from receipt of the customers order, in case of order "prepayment" from receipt of the customers payment. If the delivery period is given in days, working days (Monday - Friday) are meant.
4 Right of withdrawal for distance selling contracts for the delivery of wares
If you are a consumer, i.e. a natural person, who makes a legal transaction for a purpose, which does neither concern its commercial nor its free-lance activity, the following holds:
Exceptions from the right of withdrawal
There is no right of withdrawal for distance selling contracts for the delivery of wares, which are not prefabricated and for their production an individual selection or designation of the consumer is relevant or which are explicitly tailored to the personal demands of the consumer.
There is no right of withdrawal for distance selling contracts for the delivery of computer software in a sealed package, if the seal has been removed after the delivery. This also holds for software which is delivered in a bundle with hardware.
A sample right of withdrawal form you can find here.
§ 5 International deliverys
1. If you make a payment from a non-EU-country (e.g. Switzerland, Liechtenstein) make sure, that the total amount of the invoice is booked to our account without deductions.
2. If you send back wares from a non-EU-country (e.g. Switzerland, Liechtenstein), due to the customs handling it is necessary that you inform us about the return shipment in advance.
§ 6 Warranty, Repairs
1. For all products in our shop there are legal warranty rights except explicitly differently agreed in the following. If the customer is a consumer, i.e. a natural person, who makes a legal transaction for a purpose, which does neither concern its commercial nor its free-lance activity, the limitation period for warranty claims is two years for new produced goods or services. For the purchase of used wares by a consumer the following holds: If the fault arises after one year after the delivery of the ware, any warranty claims are excluded; faults which arise within the period of one year after the delivery of the ware can be claimed within the legal warranty period of two years after the delivery of the ware. For enterprisers the period of limitation for warranty claims of new wares is one year after passing of the risk; the sale of used wares to enterprisers is carried out without any warranty, the legal limitation of periods for regress claims according to §445a BGB are maintained.
2. Minor faults in the goods or insignificant variation of specification or minor deviation from description (i.e. color, dimensions, weight) or other attributes or performance features do not state warranty claims for the customer. For merchants the legal rules, examination rules and reproval rules according to the HGB hold.
3. Defects and damages resulting from the fact that the customer did not adhere to the prescribed installation guide and operating conditions are excluded from the warranty.
4. Intrusion or repairs of equipment, carried out by the customer or non authorized technical personnel, results in forfeiture of warranty claims.
5. Defects of quality can be remedied on the customer's choice either by removal of defects or by replacement. If removal of defects or replacement leads to unreasonable or disproportionate costs, the claim of the buyer is restricted to the remaining way of supplementary performance. The customer's right of cancellation of the contract or reduction of the purchase price remains unaffected, if supplementary performance failed twice.
6. In case of defects of quality the buyer has the choice to remit the equipment to the company ScanDig or directly to the manufacturer. If the customer remittes defective equipment to Scandig, we forward it to the manufacturer; in this case the duration of repair will extend substantially. It is neccessary, that the buyer encloses a copy of the invoice and a detailed error description.
§ 7 Liability
1. ScanDig company is liable according to the legal directives in case of severe negligence or intention, or when guaranteed features are missing, or for claims accoding to the product liability act. For damages concerning the violation of life, corps or health, which are based on a intentional or negligent violation of duty from ScanDig or a legal substitute or servant, ScanDig is liable according to the legal directives.
2. In case of easy negligence the liability is excluded, if neither an essential contractual obligation (cardinal obligation) is violated, nor life, corps or health is violated, or in the case of unenforceability or delay.
3. If an essential contractual obligation is violated or in case of unenforceability or delay, in case of simple negligence the liability for damages which are not based on a violation of life, corps or health is limited on such typical damages, which could be foreseen at the contract conclusion or according to the usual contract procedure.
4. The agreed liability restrictions according to paragraph 2 and 3 also hold in the case of the initial disability of ScanDig or its subcontractor/distributor, where in this case the liability is restricted to the contractually payable amount. The preceding liability restriction according to paragraph 2 and 3 also hold for employees and other associates of ScanDig and for subcontractors/distributors of ScanDig.
THE PRECEDING LIABILITY RESTRICTIONS ACCORDING TO THE PRECEDINGS PARAGRAPHS DO NOT RESTRICT THE LEGAL CLAIMS ACCORDING TO THE PRODUCT LIABILITY ACT. THE LIABILITY FOR DAMAGES CONCERNING LIFE, COPRS OR HEALTH, WHICH ARE BASED ON A NEGLIGENT VIOLATION OF DUTIES OF SCANDIG OR AN INTENTIONAL OR NEGLIGENT VIOLATION OF DUTIES OF A LEGAL SUBSTITUTE OR SERVANT, IS NOT EFFECTED BY THE PRECEDING LIABILITY RESTRICTION. THE LIABILITY FOR WARRANTIES IS UNLIMITED AS FAR AS THE WARRANTY SHOULD PROTECT THE CUSTOMER FROM ARRIVING A DAMAGE.
§ 8 Jurisdiction / Choice of applicable law
For any dispute relating to the validity, performance, construction or interpretation of these terms and conditions or any dispute arising out of or in connection to the contractual relation between the buyer and the company ScanDig, exclusive jurisdiction shall vest with the Munich courts, if the customer is a merchant or a corporation or a special property under public law.
§ 9 Privacy
§10 Online dispute resolution
The European Commision offers a platform for online dispute resolution, which you can find under https://ec.europa.eu/consumers/odr/. We are neither bound nor willing to participate in an online dispute resolution procedure at a consumer dispute resolution body.
§ 11 General Provisions
These terms & conditions have been drawn up in the German language. The English translation will be provided only for purposes of understanding. Should the content of the English version be different, the German version shall take precedence.