TERMS AND CONDITIONS

Scope
Registration
Conclusion of the contract
Prices
Collection at the place of business
Delivery, shipping costs
Granting of rights of use for digital contents and software licences
Retention of title, withdrawal from the contract
Duration and termination of subscription contracts
Maturity and payment
Cancellation
Warranty and liability
Addresses
Data protection, copyright, trademark rights
Final provisions

Last update: 30 November 2018

1. Scope of application

(1) The following General Terms and Conditions (GTC) shall apply to the business relationship between SCANDERRA GMBH (hereinafter referred to as SCANDERRA) and consumers or companies (hereinafter referred to as the “Customer”) in the version currently available and valid when the website is called up or when goods are ordered with regard to the goods presented by SCANDERRA in the online shop.

(2) These GTC shall apply mutatis mutandis to contracts for the delivery of digital content, software licences or vouchers, unless a deviation has been expressly agreed. In the case of the delivery of software licences, the seller owes the transfer of a licence key for the use of a software provided. The customer does not acquire any intellectual property rights to the software. The respective product description shall be authoritative for the quality of the software.

(3) These GTC may refer to contracts which have as their object products (goods or services) in the form of a one-off delivery or also by way of permanent deliveries (“subscription contract”). In the case of a subscription contract, SCANDERRA undertakes to supply the product owed under the contract for the duration of the agreed contract term.

(4) From time to time, the Terms of Use of the Website, the Privacy Policy or these T&Cs of the Online Shop shall be adapted, supplemented or amended. With each new call or visit to the website, the current, retrievable versions apply. Please visit this page regularly to view the current provisions. If we make significant changes to the Privacy Policy, we will notify you by posting a notice on our websites and/or mobile apps and by providing an updated version of the Privacy Policy. If you do not agree with the changed terms, we ask you to object in writing by email to info@Scanderra.ch and to delete your user profile, if you have created one, until the changes come into effect. If you do not unsubscribe, your user profile will continue to exist after the amended provisions come into force.

(5) A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

(6) Orders and deliveries are only possible within Switzerland and Liechtenstein, regardless of the customer’s place of residence or billing address. Orders can only be placed by persons over the age of 18. Customers under the age of 18 require the signature of their legal representative.

(7) These general terms and conditions apply exclusively. Any terms and conditions of the customer that conflict with or deviate from these terms and conditions shall not be recognised unless SCANDERRA has expressly agreed to them in writing in an individual case.

2. Registration

(8) Each order for goods shall require registration as a customer or the opening of a user profile with SCANDERRA. Multiple registration under different names or addresses is not permitted.

(9) Admission may be revoked by SCANDERRA at any time and without stating reasons. In this case, SCANDERRA shall be entitled to immediately block and delete the user name and the corresponding password.

3. Conclusion of the contract

(10) The presentation of SCANDERRA’s product range in the online shop shall not constitute an offer to conclude a purchase contract with the customer. It is non-binding.

(11) By clicking the “Buy now” button, the customer submits a binding offer to purchase.

(12) By placing an order with SCANDERRA via the Internet (online shop), e-mail, telephone, fax or other communication channels, the customer submits an offer to conclude a purchase contract with SCANDERRA. The customer shall receive a confirmation of receipt of the order (“order receipt confirmation”). This confirmation shall not constitute an acceptance of the offer, but shall only inform the customer that the order has been received by SCANDERRA. If necessary, SCANDERRA shall separately point out to the Customer possible errors in the information on the product range on the website and submit a corresponding counter-offer to the Customer.

(13) The contract with SCANDERRA shall be concluded when SCANDERRA expressly accepts this offer (“order confirmation”) or by SCANDERRA dispatching the ordered product to the customer.

(14) Acceptance shall be subject to the legal admissibility and availability of the ordered product or service. If SCANDERRA is unable to accept the Customer’s offer, the Customer shall be informed of the unavailability instead of the acceptance of the order. Products that are temporarily unavailable shall be noted for the customer, and the customer’s order shall remain in effect.

4. Prices

(15) For the purchase and order of goods and services, the prices stated at the time of the purchase and order in Swiss francs (CHF) shall apply.Prices are subject to change.

(16) Price fluctuations are possible. The price at the time of submission of the offer shall be decisive.

(17) All prices include Swiss statutory value added tax (VAT) and, where applicable, the advance recycling fee (vRG).

(18) Prices do not include any additional shipping costs (between SCANDERRA and the customer).

5. Collection from the place of business

(19) Following advance notification by telephone, it shall be possible to collect the goods from an agreed place of business of SCANDERRA itself.

(20) If the goods are collected, the contract with SCANDERRA shall be concluded if SCANDERRA expressly accepts the offer (“order confirmation”) or by SCANDERRA handing over the ordered product to the customer.

6. Delivery, Shipping Costs

(21) SCANDERRA shall deliver the ordered product to the address specified by the Customer in the order or (if selected as a payment method) to the address deposited with PayPal as soon as possible. SCANDERRA shall be entitled to make partial deliveries and render partial services at any time, provided that these are reasonable for the Customer. If partial deliveries are made by SCANDERRA, SCANDERRA shall bear the additional postage costs.

(22) Delivery shall be made at the shipping costs shown in each individual case.

(23) The delivery time within Switzerland and Liechtenstein shall normally be 1-5 working days. Information on the expected delivery period is non-binding.

(24) Digital content, vouchers and software licence keys shall be provided to the customer exclusively in electronic form (i) by download or (ii) by e-mail, at SCANDERRA’s discretion.

7. Granting of rights of use for digital content and software licences

(25) Unless otherwise stated in the DeepL description in SCANDERRA’s online shop, SCANDERRA shall grant the customer the non-exclusive right, unlimited in time and place, to use the content provided for private and business purposes.

(26) The handing over of a licence key for a software licence entitles the customer to the use of the software or content apparent from the respective product description and the licence provision to the extent described therein.

(27) A transfer of the contents to third parties or the creation of copies for third parties outside the scope of these GTC or the licence provisions is not permitted unless the seller has agreed to a transfer of the licence under the contract to the third party.

(28) The granting of rights shall only become effective when the customer has paid the contractually owed remuneration in full.

8. Retention of Title, Withdrawal from the Contract

(29) All goods delivered shall remain the property of SCANDERRA until payment has been made in full.

(30) If the customer behaves in breach of the contract, in particular if the customer does not meet his payment obligation despite a reminder from SCANDERRA, SCANDERRA may, after setting a reasonable deadline in advance, withdraw from the contract and demand the return of the goods still in its ownership. The taking back of the goods or seizure by SCANDERRA shall constitute a withdrawal from the contract. The customer shall bear the shipping costs incurred in this connection. SCANDERRA shall be entitled to realise the goods after their return.

(31) SCANDERRA reserves the right not to enter into a contract in the event of a negative result of a credit check.

9. Duration and termination of subscription contracts

(32) Subscription contracts shall be concluded for an indefinite period, but at least for the minimum term shown in the respective product description in SCANDERRA’s online shop. The subscription contract may be terminated during the minimum term at any time at the end of the minimum term and after expiry of the minimum term at any time with a notice period of 14 days in writing or by fax/email to addresses specified in Section 13.

(33) The right to extraordinary termination for good cause remains unaffected. Good cause shall be deemed to exist if the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.

10. Maturity and payment

(34) SCANDERRA shall only accept the payment methods displayed to the customer (in the online shop) during the ordering process. SCANDERRA reserves the right to agree in writing with its customers on a method of payment other than that mentioned in this section.

(35) For payment processing via the online shop, SCANDERRA shall use the payment solution of Skrill Ltd. in order to enable the customer to make simple and secure payments with credit cards and any alternative means of payment.

(36) In the event of payment by means of a payment method offered by PayPal, the payment shall be processed via the payment service provider PayPal (Europe) Sàrl. et Cie,S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal terms and conditions of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

(37) Subject to paragraph (38), the purchase price and any shipping costs shall become due upon conclusion of the contract. If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

(38) SCANDERRA may demand advance payment without stating reasons. The order shall be processed after receipt of payment.

(39) If the customer is in default, SCANDERRA shall be entitled to demand a lump-sum reminder fee specified in the ordering process. This shall not affect SCANDERRA’s right to claim higher damages, in particular with regard to the enforcement of the claim by a collection agency or a lawyer.

(40) Vouchers for the SCANDERRA online shop may only be redeemed prior to completion of the order process. Subsequent offsetting shall not be possible.

(41) Vouchers shall only be redeemed under the conditions indicated on the voucher and exclusively for the product groups notified on the voucher. Individual products may be excluded from the voucher promotion.

(42) Vouchers or legally permissible discounts (e.g. quantity discounts) cannot be cumulated within the scope of an order. The value of the voucher cannot be paid out in cash.

(43) The voucher is transferable. SCANDERRA may make payment with discharging effect to the respective holder redeeming the voucher in the online shop.

11. Cancellation

(44) The customer shall be entitled to revoke his declaration of intent to conclude the contract without stating reasons within a maximum of 30 days of receipt of the goods by returning the goods to SCANDERRA. The customer must also give notice of revocation in writing (e.g. letter, e-mail, fax) within the same period. The period shall commence on the day of dispatch or collection of the goods. The revocation in text form is to be sent to the address stated in clause 13 or by e-mail to inquiry@scanderra.com. The customer bears the burden of proof for the dispatch of the goods to be returned.

(45) Cancellation is excluded and does not apply to:

Delivery of goods that are custom-made for the customer or that are clearly tailored to the customer’s personal needs. The customer is obliged to accept and pay for all parts without exception;
Delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
Supplies of medicinal products cannot be returned;
Supplies of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
Contracts for the supply of services related to leisure activities, unless otherwise agreed, where the contract specifies a specific date or period for the supply.

(46) In the event of an effective cancellation or withdrawal from the contract, both parties must reimburse the services already received. If the customer can only return the goods received in a deteriorated condition, he must compensate SCANDERRA to the extent of the reduced value.

(47) The customer shall bear the costs and risk of the return shipment, unless the delivered goods do not correspond to the ordered goods.

(48) Until the goods have been returned in full, SCANDERRA shall exercise its right of retention.

(49) In the event of the exclusion of revocation and return, the customer shall bear the costs of resending the goods to us.

12. Warranty and liability

(50) If the delivered goods are defective at the time of the transfer of risk, e.g. manufacturer’s defect, or if there is a wrong delivery, the customer shall only have the right to rectification or replacement (substitute delivery). If the replacement delivery fails, the customer may demand the cancellation of the purchase. The claim shall expire if the customer fails to notify SCANDERRA of the defect or incorrect delivery within 10 days of receipt of the goods by e-mail inquiry@scanderra.com, telephone, fax or post.

(51) Liability shall be governed by the applicable statutory provisions. SCANDERRA’s liability shall be excluded in cases of (i) slight negligence, (ii) indirect and consequential damage and loss of profit, (iii) unrealised savings, (iv) damage arising from delay in delivery, as well as (v) any acts and omissions of SCANDERRA’s auxiliary persons, whether contractual or non-contractual.

(52) Furthermore, SCANDERRA shall not be liable for any damage resulting from any of the following causes:

Improper, non-contractual or unlawful storage, adjustment or use of the products;
Use of incompatible spare parts or accessories (e.g. power supply);
Failure to maintain and/or improper modification or repair of the products by the customer or a third party;
Force majeure, in particular damage caused by the elements, moisture, falls, impacts, etc., for which SCANDERRA is not responsible, and official orders.

(53) The service provider commissioned with the execution shall be liable for defects, default in performance and damage arising during the execution of service providers (e.g. on-site installations).

(54) SCANDERRA shall not be liable for any printing errors in the advertising materials, data errors in the online shop, incorrect pricing, errors in illustrations, product descriptions or other texts such as voucher or discount promotions or late or non-delivery.

13. Addresses

Provider and contractual partner of the offers on this website:

Scanderra GmbH, Amlehnstrasse 22, CH-6010 Kriens, Tel. +41 (0) 319 45 00.
inquiry@scanderra.com
www.scanderra.com

14. Data protection, copyright, trademark rights

(55) The data protection declaration under Data Protection Declaration (>LINK) is an integral part of these GTC. By accepting these GTCs, the customer also agrees to the data protection declaration.

(56) All trademark, image and copyright rights are held by SCANDERRA or its partners. The downloading, saving, copying or printing of data, images and PDF files, including excerpts thereof, shall require the written consent of SCANDERRA. All rights reserved. Further use by the customer for purposes other than those serving the purpose of the product is not permitted.

15. Final provisions

(57) All legal relations between the customer and SCANDERRA shall be governed by Swiss law, to the exclusion of the Vienna Sales Convention.

(58) The place of jurisdiction shall be Kriens. However, SCANDERRA shall also have the right to bring an action against the customer at his place of residence/registered office or at any other competent court.

(59) Should individual provisions of these GTC, including this provision, be invalid in whole or in part, or should the conditions contain a loophole, the validity of the remaining parts shall remain unaffected. The invalid or missing provisions shall be replaced by the respective statutory provisions or, if not available, provisions that correspond to the meaning of the invalid provisions.