Terms of service
1. Scope
1.1 These Terms and Conditions (T&C) apply to all contracts concluded via the online shop zcratch.de between
Zcratch
Tim Siegmund
Klausdorfer Weg 23
12307 Berlin
Germany
Email: info@zcratch.de
– hereinafter referred to as the “Provider” –
and its customers.
1.2 A customer under these T&C may be either a consumer or a business.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his or her trade, business, or profession.
A business is any natural or legal person or legally recognized partnership acting in the exercise of its commercial or self-employed professional activity.
1.3 Deviating terms and conditions of the customer shall not apply unless expressly accepted in writing by the Provider.
2. Subject Matter of the Contract
2.1 The subject of the contract is the sale of repair kits, spare parts, and accessories for self-performed repairs.
2.2 Installation, assembly, or repair services are not part of the contract.
2.3 The products are intended for the customer’s own use. The customer is responsible for having sufficient technical knowledge to carry out the repair correctly.
3. Conclusion of Contract
3.1 Product listings in the online shop constitute a binding offer.
3.2 The contract is concluded when the customer clicks the button labeled “Pay Now” or an equivalent, unambiguous wording during the checkout process.
3.3 After conclusion of the contract, the customer receives an order confirmation by e-mail.
3.4 The language of the contract is German.
3.5 The contract text is not stored permanently by the Provider. Order details and these T&C are sent to the customer by e-mail.
4. Prices and Payment Terms
4.1 All prices are total prices, including statutory VAT, where applicable.
4.2 For deliveries within the EU, taxation is applied according to the applicable VAT regulations (e.g., OSS procedure).
4.3 For deliveries outside the European Union, additional customs duties, taxes, or import fees may apply, which must be borne by the customer.
4.4 The following payment methods are offered:
-
PayPal
-
Shopify Payments (e.g., credit card, Apple Pay, Google Pay)
4.5 Payment is processed via external payment service providers. Their respective terms and conditions apply in addition.
5. Delivery and Shipping
5.1 Delivery is made to the address provided by the customer.
5.2 Delivery times are specified in the respective offer.
5.3 For consumers, the risk of accidental loss or deterioration of the goods passes to the customer only upon delivery.
5.4 For businesses, delivery is at the customer’s risk.
5.5 Delays due to customs clearance for international deliveries are outside the Provider’s responsibility.
6. Retention of Title
6.1 The goods remain the property of the Provider until full payment has been made.
6.2 For businesses, an extended retention of title applies until all claims arising from the ongoing business relationship are fully settled.
7. Right of Withdrawal (Consumers within the EU Only)
Consumers residing within the European Union are entitled to a statutory right of withdrawal.
Withdrawal Instructions
You have the right to withdraw from this contract within fourteen (14) days without giving any reason.
The withdrawal period is fourteen (14) days from the day on which you, or a third party indicated by you, have taken possession of the goods.
To exercise the right of withdrawal, you must inform us of your decision (e.g., via e-mail to info@zcratch.de) before the expiry of the withdrawal period.
Consequences of Withdrawal
We will reimburse all payments received, including delivery costs (except for additional costs arising if you choose a different type of delivery than the standard offered), without undue delay and within fourteen (14) days after receipt of your notice of withdrawal.
We may withhold the refund until we have received the returned goods.
The customer bears the direct costs of returning the goods.
No right of withdrawal exists for:
-
sealed goods that are not suitable for return due to hygiene reasons once the seal has been removed.
8. Warranty
8.1 Consumers are entitled to the statutory warranty rights.
8.2 For businesses, the warranty period is one (1) year from delivery of the goods.
8.3 Businesses must notify obvious defects in writing without undue delay.
9. Liability
9.1 The Provider is fully liable for:
-
intent and gross negligence
-
damages resulting from injury to life, body, or health
-
claims under the Product Liability Act
9.2 In the case of slight negligence of essential contractual obligations, liability is limited to the typically foreseeable contractual damage.
9.3 Liability for damages arising from improper installation, faulty self-assembly, or misuse of the products is excluded.
9.4 The customer is responsible for carrying out the repair correctly.
10. Governing Law and Jurisdiction
10.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
10.2 For businesses, the place of jurisdiction is Berlin, Germany.
10.3 For consumers, this choice of law applies only insofar as it does not remove mandatory consumer protection rights of the consumer’s country of residence.
11. Consumer Dispute Resolution
We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the German Consumer Dispute Resolution Act (VSBG).