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Terms and conditions

Terms And Conditions SKANDIX AG

Dated December 2017-12-21

These terms and conditions represent a translation for informational purposes in English language. The German original version shall apply as the legal base to all concerns affected by the content. Terminology and legal references shall be based exclusively on German law in accordance with EU legislation.


1. Scope of terms and conditions

All offers, deliveries and services of the SKANDIX AG – hereinafter referred to as Skandix – shall exclusively be governed by these terms and conditions, in the version valid at the time of the order.

Deviating agreements are only valid upon explicit written confirmation by Skandix but shall not apply to future agreements.


2. Definition of consumer (§13 BGB) and entrepreneur (§14 BGB)

A consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.

An entrepreneur means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.


3. Contract conclusion in e-commerce

The products offered in the Skandix webshop represent a non-binding invitation to the customer to place a purchase offer by ordering (Vertragsangebot). Upon receipt of the order Skandix will confirm the order immediately with an order confirmation by email (acceptance of the offer/Vertragsannahme).

Order process:

The customer can collect products from the Skandix webshop in the shopping cart. The selection can be modified in the shopping cart until the order is finally placed. Only by clicking the button „BUY NOW“ the customer constitutes a binding offer for the conclusion of a contract. This is only possible, if these terms and conditions are accepted as an essential part of the contract by confirming the corresponding check box.

Thereupon the customer will receive the order confirmation including the acceptance of the purchase offer and the payment details according to the customer´s previous selection.

The products included in the order confirmation and the given quantities are part of the contract, provided that they are not marked „not longer supplied“.


4. Nature of the goods, prices, availability

Prices for the goods offered in the Skandix webshop are valid according to the corresponding customer category: for consumers including VAT, for entrepreneurs without VAT.

Product descriptions represent the nature of the products, technical details and dimensions are indicated to the best of knowledge within accepted tolerances. Pictures can be inaccurate in individual cases, the display of colours may show significant deviation due to technical reasons.

Errors, price changes and product amendments excepted. The above mentioned constraints do not constitute any product deficits.

The Skandix web shop shows the availability at the time of the order with a colour index as well as the available amount of items in the product description. Not longer available products are indicated as such. For products we need to procure after receiving your order, a longer delivery time should be expected.

If a product turns out to be not longer available, without the knowledge and against expectation of Skandix, the customer shall be entitled to withdraw the contract. Payments already made shall be refunded.

Where the contractual partner is entrepreneur, official statements, recommendations or advertising – besides our product description – of a third party shall not be a contractually constituted condition of the goods.


5. Withdrawal policy

Right of Withdrawal

Private customers (consumers) according to §13 BGB shall have the right to withdraw the contract within fourteen days, wihtout giving any reasons. The withdrawal period is fourteen days and begins when you or a third party, other than the carrier and indicated by the customer, has acquired material possession of the goods.

To exercise your right to withdraw, you have to inform us:

SKANDIX AG
Richtershöhe 6
38729 Lutter am Barenberge
Tel.: 0049 5383-960096
Fax: 0049 5383-960099
E-Mail: verkauf@skandix.de

by means of an unambigious declaration (e. g. letter, Fax or email), about your decision to withdraw the contract. You can use the attached withdrawal form but it is not mandatory.

To comply with hte withdrawal period, it is sufficient to inform us about the withdrawal before the period expires.

Effects of withdrawal

In case of withdrawal we shall refund the received payments (except additonal costs for special delivery conditions above the cheapest standard delivery) within fourteen days after getting knowledge of your decision to withdraw the contract. The reimbursement will be made, if not otherwise agreed, using the same payment method you had chosen for your order. For the reimbursement we will not charge any fees.

We can refuse the repayment until we received the returned goods or until you have proven that they have been sent, whichever applies first.

The customer shall, immediately or at least fourteen days after the notification of withdrawal, send or hand over the goods to Skandix. To comply with this deadline it is sufficient to send the goods before this period expires.

The customer must bear the immediate costs of the return shipment for goods suitable for dispatch by parcel.

The customer must bear the immediate costs of the return shipment for bulk goods. For large items, the costs shall be expected around €200,00.

The customer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and funtioning of the goods.

Exceptions from the right of withdrawal

The right of withdrawal shall not apply if the goods are not prefabricated and need a clear selection or customisation (shape, colour, etc.) by the customer or if they are made to the customers specification or if they are clearly personalized.


6. Risk assumption

The entrepreneur, according to §14 BGB, shall bear the risk of accidential loss or of accidential deterioration as from the place of performance. This shall also apply if the goods are delivered to any other place than the place of performance.

The consumer, according to §13 BGB, shall bear the risk of accidential loss or of accidential deterioration as of the handover to him or a third party, other than the carrier and indicated by the customer. Handover is equal to default of acceptance.


7. Warranty, statutory liability

Skandix shall be liable in respect of consumers for material defects according to the statutory provisions (§§434 ff BGB, §437 BGB).

Normal wear and tear as well as premature wear by not intended abuse, such as excessively increased load conditions, are no material defect in accordance of this warranty policy.

Any guarantee shall only be binding if it is confirmed by Skandix in writing and shall only apply to the respectively underlying contract.

In respect of entrepreneurs Skandix shall be liable for material defects for one year from the date of purchase. In respect of entrepreneurs Skandix shall decide either to rectify or to replace the defective part.

For used items, Skandix shall be liable for material defects for one year from the date of purchase, in respect of consumers and entrepreneurs.

In respect of entrepreneurs Skandix shall be liable for the defective part but not for assembly costs or costs of third parties.

Assembly of automotive spare parts requires special knowledge and education. Possible written installation instructions are a service to the customer, but shall not be considered as part of the legal obligation of Skandix and do not claim to be exhaustive. Installation instruction can not substitute a qualified professional. Generally the technical specifications and service instructions provided by the vehicle manufacturer must be applied.


8. Shipping costs and delivery

Depending on the payment method, Skandix will handover the goods to the carrier when cashed (prepayment by bank transfer / paypal) or immediately (credit card / cod). Depending on the destination country, not all payment methods are available.

Shipping costs for Germany and the EU are shown in the web shop during the order process and in the written order confirmation. This also applies for surcharges for special delivery conditions selected by the customer, such as express delivery.

Shipping costs to countries outside the EU will be counted after receiving your order. In this case the contract shall only come into effect upon the confirmation of the shipping costs by the customer.


9. Notification of defects

The entrepreneur is obliged to examine the goods immediately upon reception, transport damages shall be reported upon delivery with the carrier.

In case of complaints, the entrepreneur shall take all necessary actions to prove the matters of fact and to preserve his rights.

The entrepreneur shall notify Skandix immediately about any irregularities.


10. Limitation of liability

In case of minor negligence, the liability of Skandix shall be limited to the average foreseeable damage. The same shall apply in case of minor negligence of any employees or agents of Skandix.

In respect of entrepreneurs Skandix shall not be liable for minor negligence in case the negligence constitutes a breach of non-essential contractual obligations.

The limitation of liability is not applicable in cases of any liability for intentional acts or gross negligence by Skandix or its agents or if the damages are due to the lack of any material property, which has explicitly been guaranteed in writing, if the customer was to be protected against such damages by the guarantee.

The limitation of liability shall not apply in cases of minor negligence of Skandix or any of its agents for essential contractual obligations. The limitation of liability is not applicable for damages to the body, health or the loss of life of the customer.

Any obligations by Skandix under the product liability law (Produkthaftungsgesetz, ProdHaftG) shall remain unaffected.


11. Retention of title in respect of entrepreneurs

Skandix retains title in all goods delivered to the customer until full payment of all claims against the customer out of the business relationship.

The retention of title shall persist even if individual purchase prices have been paid by the customer as the retention of title shall secure all obligation of the customer out of the business relationship.

The customer may sell goods for which title is retained in due course of business. He is not entitled to any other actions in regard to the goods, such as transfer of title as a security or granting of a lien on the goods.

The customer hereby assigns all claims, including all subsidiary rights, against its customer from the sale of any goods for which title is retained up to the full amount of customer’s obligation out of the business relationship to Skandix.

In case of payment default any SEPA direct debit mandate expires. The customer is obliged – especially in case of revocation - to name the final customers and provide all information or documentation required or demanded by Skandix upon demand of Skandix.

In case of payment default of the customer or application for insolvency proceedings the customer shall no longer be entitled to the sale of goods for which title is retained. In this case he is obliged to store these goods separately and provide for appropriate marking. In such case, all payments on claims assigned to Skandix must be made to a separate account.


12. Retention of title in respect of consumers

Skandix retains title in all goods delivered to the customer until full payment of all claims against the customer out of the corresponding contract.


13. Prohibition of assignment

All rights and obligations may not be transferred to a third party by the customer without the written approval of Skandix. Should however the transfer of such rights be valid under § 354 HGB (Commercial Code), the right of Skandix to set off claims against the assignee shall remain unaffected.


14. Place of performance, place of jusrisdiction

Place of performance is Lutter am Barenberge, Germany. Place of jurisdiction is Seesen, Germany.


15. Miscellaneous

For all contracts between Skandix and the contractual partner German law shall apply, under exclusion of UN sales conventions.

If any of these terms are or shall become invalid, it shall not affect the remaining parts of the terms, the contract or written individual agreements. Any invalid clause shall be replaced by the corresponding legal provision.


Withdrawal form

(In order to exercise your right of withdrawal, simply send the completed withdrawal form to us.)

— SKANDIX AG, Richtershöhe 6, 38729 Lutter, Fax: 05383-960099, E-Mail: verkauf@skandix.de
— I/we hereby give notice that I/we withdraw from my/our contract of sale of the following goods:
— Ordered on: (date) / Received on: (date)
— Customer name(s)
— Customer(s) address(es)
— Signature of customer(s) (only if sent on paper)
— Date

_______________


Online dispute resolutions (ODR)

The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at http://ec.europa.eu/consumers/odr/

Note according to § 36 Consumer Dispute Settlement Act (VSBG):

The seller will not and is not obliged to take part in any dispute resolution proceedings before a consumer conciliation body within the meaning of the VSBG.