Terms and Conditions

Scheufelen GmbH

Terms and conditions of Scheufelen GmbH

1. Scope, definitions

For the business relationship between Scheufelen GmbH, Adolf-Strasse 26, 73 252 Lenningen (hereinafter: „Scheufelen“) and the Customer (hereinafter: „Customer“) for all orders via the Scheufelen Kreativ-Shop (www.scheufelen.com) the following general terms and conditions (hereinafter: „Terms“), in the version valid at the time the order is placed, shall exclusively apply.

In addition to these Terms, the price lists and shipping costs of Scheufelen, each in their current valid form, shall also apply to orders submitted by the Customer.

The Terms, price lists and shipping costs are available and accessible at any time in the Kreativ-Shop‘s footer navigation.

2. Conclusion of contract

Contracts for the Scheufelen Creative Shop at the Internet address http://www.scheufelen.com/nc/en/creative-shop/ are concluded as follows:

To buy any item from the range of goods at Creative Shop, registration is required.

After successful login, you can select items from the product range under http://www.scheufelen.com/nc/en/creative-shop/ and add these to your “shopping cart“ by clicking the “shopping cart“ button. In the cart, you can select the quantity of the item to be delivered and add or remove products. By clicking the „Order“ button you submit a binding offer to purchase the goods in the basket under the terms described therein. Before submitting your order you can review, change or delete the data at any time.

The order can only be processed and delivered once you have, by clicking on the „Accept Terms“ button, accepted these terms and thus included them in the order. The Terms can be read on your Internet browser at any time, printed out or saved to your local computer.

On receipt of your order Scheufelen will immediately send an automatic confirmation by e-mail in which your order will again be listed and which you can print out using the „Print” function. The automatic acknowledgment of receipt documents that your order has been received by Scheufelen but does not constitute acceptance of the offer.

A purchase contract is only created once Scheufelen accepts the offer.

Scheufelen’s Creative Shop is available in German and English language versions. The contract text will be stored by Scheufelen. While following the order you can no longer view this, the order confirmation and shipping confirmation contain all the details of the contract.

Customers must be at least 18 years old.

3. Payment methods, invoice

All prices and costs stated on www.scheufelen.com include 19 percent VAT. The price also includes all other price components apart from the specified additional shipping costs.

The appropriate shipping costs will be communicated to the Customer during the ordering process.

Payment is exclusively in advance and via PayPal. Upon delivery of the product the Customer receives an invoice in paper form.

Setoff is only admissible with undisputed or legally effective counterclaims.

4. Delivery, product availability

Once Scheufelen accepts the Customer‘s order, the merchandise is delivered immediately upon receipt of payment.

If Scheufelen is prevented from fulfilling delivery obligations due to unforeseen events that affect Scheufelen or their suppliers and that Scheufelen has been unable to avoid using all reasonable care in the circumstances, such as war, natural disasters and acts of God, the delivery period shall be correspondingly extended. Scheufelen will immediately inform the Customer of any such delays. The legal rights of the Customer remain hereby unaffected.

The delivery shall be made to the delivery address given.

The shipping costs are to be borne by the Customer.

5. Return costs on cancellation

If the Customer returns merchandise under an existing right of cancellation, he shall bear the cost of the return, if the goods delivered correspond to those that were ordered and the price of the returned goods does not exceed a sum of 40 euros, or if the Customer in the case of more expensive goods has not yet made payment for the goods or service or a contractually agreed partial payment at the time of the cancellation.

6. On-Screen display

The images used to depict the goods are sample photos. These do not in any case portray the actual article in a lifelike manner, but are illustrative. Depending on the computer display used, colours and sizes in particular may vary. The written description of each item is authoritative.

7. Liability

The liability of Scheufelen for damages to the Customer by intentional or grossly negligent behaviour on the part of Scheufelen, and for personal injuries and damages under the Product Liability Act in accordance with statutory provisions, is unlimited. The above is also valid for any damages caused by agents of Scheufelen.

Insofar as Scheufelen is not liable under the terms of a guarantee, its liability for damages is otherwise limited as follows: For damage caused by ordinary negligence Scheufelen is liable only if such damage has been caused by breach of contractual obligations (cardinal obligations). Cardinal obligations are contractual obligations that are indispensable in enabling the proper fulfilment of the contract and on the observance of which the contractual partner may rely. The liability of Scheufelen for simple negligence under this provision is limited to typically foreseeable damage.

For damages due to late delivery caused by slight negligence, the liability of Scheufelen is limited to the typically foreseeable damage, but to no more than five percent of the total price agreed in the contract concerned.

The provisions of the preceding paragraph shall also apply mutatis mutandis to the limitation of the obligation to pay compensation for futile expenditure (§ 284 BGB).

The aforementioned liability restrictions also apply to the benefit of agents of Scheufelen.

8. Data protection

We collect customer data only in the handling of contracts. In doing so all legal requirements are observed, notably those of the Telemedia Act (TMG) and the German Data Protection Act (BDSG). Inventory and user data of the Customer is only collected, processed or used if it is required to finalise the contractual relationship.

We will not use the Customer’s data for purposes of advertising, market research or opinion polls without the consent of the Customer.

More information on the nature, scope, location and purpose of the collection, processing and use of the necessary personal data for the execution of orders can be found in our privacy statement.

9. Final provisions

Contracts between Scheufelen and the Customer shall be governed by German federal law.

If the Customer is a merchant or either a legal entity or special assets under public law, the court of jurisdiction for all disputes relating to contracts concluded on the basis of these Terms shall be Stuttgart.

As of: 15th Feb 2011