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Instructions for revocation and further legal instructions for scoma.de

Instructions for revocation

Right of revocation

 

1. Duration of the deadline for revocation
You can revoke your contractual declaration within 14 days without stating any
reasons in a text form (e.g. letter, fax, e-mail) or – if the object is handed over to you before
expiry of the deadline – by returning the object.  

2. Beginning and end of the deadline for revocation
The deadline shall begin after receipt of these instructions in a text form, however
not before the receipt of the goods by the recipient (with the recurring delivery of similar goods not before the receipt of the first partial delivery) nor before the satisfaction of our information obligations according to Article 246 § 2 in conjunction with § 1 Par. 1 and 2 EGBGB [Introductory Act to the German Civil Code] (Information with distance selling contracts; see Annex 2 and 3) nor before the satisfaction of our duties according to § 312g Par. 1 Sentence 1 BGB [German Civil Code] in conjunction with Article 246 § 3 EGBGB (Information with contracts in electronic business transactions; see Annex 4). 

The deadline for revocation shall end upon the expiry of the 14th calendar day beginning from the day on which all of the afore-mentioned pre-requisites have been satisfied. If this day falls on a Saturday, Sunday or national bank holiday, then the deadline for revocation shall end at 12.00 (midnight) of the following workday. You can find examples for the calculation of the start and the end of the deadline for revocation following these instructions for revocation in Annex 1.

3. Pre-requisites for the revocation and assumption of risk
The timely sending of the revocation or of the object is sufficient for adhering to the deadline for revocation.
Objects which are capable of being shipped as parcels are to be returned at our risk. Objects which are not capable of being shipped as parcels will be picked up from you.

The revocation is to be sent to:

Scotch Malt Whisky GmbH 
Managing director: Doris Setter 
Am Bullhamm 17 
26441 Jever 
Email: info@scoma.de 
Web: www.scoma.de 
Fax: 04461- 912239 

4. Costs of the revocation
You have to bear the regular costs of the return shipment if the delivered goods correspond with those which were ordered and if the price of the object which is to be returned does not exceed an amount of Euro 40 or, if in case of a higher price of the object, you have not yet provided the consideration or a contractually agreed instalment payment at the time of the revocation. (cf. Subclause 2.8 of our General Business Terms.) 

Otherwise the return shipment is free of charge for you.

The costs for sending the goods shall be reimbursed in the event of the revocation. This shall not apply if the revocation only refers to one item of several goods sent together in one postal unit. Obligations for reimbursement of payments must be satisfied within 30 days. The deadline shall begin for you upon sending your declaration of revocation or the object, for us with its receipt.

5. Obligation for use or compensation of value
In the event of an effective revocation, the services received by both parties are to be refunded and benefits drawn by us (e.g. interest) are to be handed over.

You do not have to pay a general compensation of value, in particular for the examination, use or the utilization of the object as intended. If there is no examination, use or the utilization of the object as intended, you must, if applicable, compensate us for the value, in particular if you have utilized the object in full, sold, encumbered, processed, re-designed it or you cannot refund the object in full or in part. Incidentally, you can avoid the obligation for compensation of value or replacement of use for an occurred deterioration by not using the object beyond the examination of the properties and the method of functioning. To be understood under the “examination of the properties and the method of functioning” is the testing and sampling of the respective goods as is, for example, possible and customary in a store.

An obligation to pay compensation of value for a deterioration caused by the utilization of the object as intended which goes beyond the examination of the properties and the method of functioning shall further only exist insofar as according to § 357 Par.3 Sentence 1 BGB we have pointed out this legal consequence and a possibility to avoid this by no later than upon conclusion of the contract or immediately after conclusion of the contract in a text form.

6. Exclusion of the right to revocation
The right to revocation does not exist, insofar as not otherwise determined
, in case of distance selling contracts

  • for the delivery of goods, which are produced according to customer specifications or are clearly customized to the personal needs or which, owing to their condition, are not suitable for a return shipment or may spoil quickly or their sell by date was exceeded,

    • for the delivery of audio or video recordings or of software insofar as the delivered data carriers have been unsealed by the consumer,

    • for the delivery of newspapers, magazines and illustrated magazines unless the consumer has submitted his contractual declaration by telephone.

End of the instructions for revocation

(You can find the annexes 2-4 below)

 

Annex 1

 

Example calculations:

Receipt of the goods and the instructions in a text form

Start of the deadline

End of the deadline

Wednesday, 07.07.2010

08.07.2010

21.07.2010, 12 (midnight)

Saturday, 03.07.2010

04.07.2010

As the 17.07.2010 is a Saturday, the deadline will end on Monday, 19.07.2010, 12 (midnight)

 

Annex 2

(Information according to Art. 246 § 1, Par. 1 EGBGB)

1. Contractual partner of the buyer is the following company:

Scotch Malt Whisky GmbH 
Managing director: Doris Setter 
Am Bullhamm 17 
26441 Jever 
Email: info@scoma.de
Web: www.scoma.de

Fax: 04461- 912239 
Court of jurisdiction: Oldenburg County Court
HRB number: HRB 131 101
 

2. Essential features of the goods
Please refer to the individual product descriptions within the framework of our Internet offer for the essential features of the goods offered by us as well as the period of validity of limited offers. 

3. Conclusion of the contract
The offers in the Online-Shop are requests to submit a purchase offer. You submit a binding contractual offer as soon as you have undergone the online order process by entering the details requested there and in the last order step click the button "complete order ". The confirmation of the receipt of the order does not yet constitute an acceptance of the purchase offer. A purchase contract will only be concluded by an order confirmation of use, by no later than upon your acceptance of the goods without reservation. 

4. Reservation of service
The item offered in this Online-Shop is available from the warehouse.  

5. Total price of the goods
The prices stated by us are deemed as final prices including taxes and plus shipping costs. You can find more details under the information concerning the shipping costs. 

6. Details of the payment and delivery
The purchase price is to be paid after the order confirmation or delivery. Our bank account data are:

Oldenburgische Landesbank
SWIFT-BIC: OLBODEH2
IBAN: DE19 2802 0050 9302 9981 00
 

7. Customer service
No further customer service is offered in addition to the statutory warranty claims
.


Annex 3

Information about General Contractual Provisions and General Business Terms

(§ 312c Par. 2 Sentence 1 BGB)

1. Warranty and guarantee terms and conditions
The statutory regulations for claims for defects shall apply. 
No special guarantee claims exist towards the entrepreneur beyond the statutory claims for defects unless corresponding promises are explicitly mentioned in the product description. Insofar as the entrepreneur passes on manufacturer’s guarantees to the customer, the statutory claims for defects will not be limited hereby. 

2. General Business Terms:
The General Business Terms of the entrepreneur read as follows: 

2.1.        All offers are commercial. All stated prices are end customer prices in Euro and are deemed including currently valid German value added tax.

2.2.        We reserve the right to the property to the object of purchase until the receipt of all payments from the purchase contract.

2.3.        The types of payment, types of shipment and delivery times are stated in the offers.

2.4.        The statutory regulations concerning claims for defects shall apply.

2.5.        Insofar as the buyer is an entrepreneur, our registered seat is the place of performance and place of jurisdiction.

2.6.        The personal customer data stored and processed within the framework of the execution of the contract will not be forwarded to unauthorized third parties. You can enquire about the data stored in our company at all times via e-mail under: info@scoma.de

2.7.        All presented third party and own logos, photos and graphics, are the property of the corresponding companies and are subject to the copyright of the corresponding licensors. All photos, logos, layouts, texts, reports, scripts and programming routines, presented on these pages, which are our own developments or were processed by us, may not be copied or used otherwise without consent.

2.8         With regard to § 357 Par. 2 Sentence 3 BGB [German Civil Code] it is agreed that the buyer, who is entitled to the right to revocation according to § 312 d Par. 1 Sentence 1 BGB, has to bear the regular costs of the return shipment if the price of the object which is to be returned does not exceed an amount of Euro 40 or, if with a higher price of the object, the consumer has not yet provided service in return or an instalment payment at the time of the revocation, unless the delivered item does not correspond with that which was ordered.

 

Annex 4

(Information according to Art. 246 § 3 EGBGB [Introductory Act to the German Civil Code])

 

1. Technical steps, which lead to the conclusion of a contract

You have the possibility to view performed transactions, such as orders, deliveries, invoices, etc. at any time on your customer account, which is protected by a password.
The following steps explain to you in detail how
to activate an order to us. Please read this explanation through carefully before making the purchase.

You choose articles from our range without obligation. 
When you have found the requested product in our range of goods, you can place the product in your shopping basket without obligation by clicking the Kaufen” button, which is also depicted directly on the product.

View the contents of the shopping basket without obligation.
If you would like to view the contents of your current shopping basket without obligation, click on the shopping basket symbol, which can always be found at the top on the right during the whole of your visit to our website, and also shows you the number of selected products.

Change quantities of articles, delete the contents of the shopping basket in full or in part
If you would like to change the quantity of a selected article, please enter the requested quantity in the field envisaged for this purpose and press the button "update shopping basket". If you would like to delete articles from your shopping basket, press the remove symbol “waste container” in the right column.

New customer registration and login with existing customer account.
When you have found all requested articles and placed these in your shopping basket in the corresponding quantities, you can continue the order process using the button "To checkout". Now you can login with your customer data; should you not yet have any customer data, you must click on the button "continue" in the area “to checkout as a guest or register” at this point. On the following page you can then create a personal customer account or order as a guest without registration.

Selection of the invoice address
In the next step you select the invoice address. You can select an existing address from the list or create a new one. You can also define the selected address as an address for dispatch.

Selection of the address for dispatch
Should you wish to choose an address for dispatch which deviates from the invoice address, you can select here. You can select an existing address from the list or create a new one.
After selecting the requested delivery address, the incurred 
shipping costs will be displayed to you without obligation. You can change these at all times by making a renewed selection of another type of delivery and payment.

Selection of the type of payment
Depending on your customer status, the order amount and the country of shipment, you can select from the available types of payment.  Keep the corresponding payment data available for input.

Complete order
If you would like to complete the order, please read our General Business Terms and confirm these. Also read and confirm the "instructions for revocation" and confirm that you are at least 18 years old and are entitled to purchase alcohol according to the respective national laws. All incurred costs will be displayed to you at this point. Should you want to make any changes, you can use the link "edit shopping basket".
When you have confirmed and checked all details, you can commission us with the binding execution of your order by clicking the button "
complete order ".

 Order successfully completed
After the confirmation of your order
 you will be directed to a page on which you will be notified of the order number. Depending on the selected mode of payment, instructions will also be given to you here concerning the payment processing. Shortly after pressing the button "complete order" you will also be sent a confirmation of the receipt of your order with the instructions for revocation to the e-mail address stated in the customer account.

2. Electronic confirmation of the order
The buyer shall receive a confirmation of the receipt of the order by electronic means immediately after the receipt of the order
.

3. Storage of the contractual text by the entrepreneur (and the buyer)
We will store t
he data which are required for the processing of the contract between you and make it accessible to you at all times. We refer insofar to the regulation of the data protection in our General Business Terms. During the order process you have the possibility to store the contractual texts and instructions as a pdf file.

4. Recognition of input errors and their correction
You can recognise possible input errors when submitting your order with the final confirmation before the checkout
and correct these at all times with the help of the deletion and change function before sending the order.

5. Languages which are available for the conclusion of the contract
The language which is available for the conclusion of the contract is exclusively German.

6. Codes of conduct
We are n
either subject to special codes of conduct nor those which are not mentioned above.

Detailed data protection declaration

“We collect, process (store, change, transmit, block, delete) and use personal data such as
stock data (data for the establishment, contextual design or change of a contractual relationship concerning the use) such as name, address, e-mail address, telephone or fax number, date of birth, user-ID;
Use data (data, which are necessary in order to enable the use of services in order to settle these), such as features for the identification of the user, details about the start and end as well as scope of the respective use and the services used by the user.

We collect, store, change transmit and use personal data within the framework of the provisions of the Federal Data Protection Act
- for the intended purpose of the contractual relationships,
- for safeguarding our justified interests,
- for safeguarding justified interests of a third party,

for the purposes of advertising, market and opinion research, insofar as you have approved this and not subsequently objected hereto. This concerns, within the framework as permitted by law, data in terms of lists or otherwise summarised data about members of a group of persons, which are limited to the details about the affiliation to this group of persons, professional, industry or business designation, name, title, academic titles, address and year of birth.

We collect personal data during the “registration” within the framework of the contractual agreement about the use of our offers. At the places at which personal data are collected, we request the consent to the collection, processing and use of personal data.

We use cookies in several areas of our website. This concerns codes which allow us to make services available more individually during the use. We do not use cookies in order to collect personal data.

We store personal data
- after the consent to the collection, processing and use of personal data,
- in the scope of the details of the registration and entries in databases, user accounts and forums,
- online on the servers and backup media of the Internet providers commissioned by us,
- offline on own servers and backup media,
- owing to legal, according to company statutes and contractual regulations as well as for the data backup and data protection control.

We have taken technical and organisational measures in order to protect personal data against loss, destruction, manipulation and unauthorized access. We change personal data insofar as this is required to correct errors or to make adjustments to the details (owing to changes to names, addresses, etc.).

We transmit personal data
- to the transport service providers commissioned by us as well as to credit institutions or Internet-Payment-Services and as a result of their data processing/contractual partners for the purpose of settlement,
- to the service providers commissioned by us for the purpose of advertising, market and opinion research to, if applicable, authorities explicitly determined by law or the judicial system for transmission.

We delete personal data
- if their storage is inadmissible,
- if these are no longer necessary for the satisfaction of the tasks in the scope of our responsibility,
- after the expiry of the contractual relationship as well as the applicable legal, company statute or contractual storage deadlines and other statutory provisions.

We block personal data if
- a deletion is opposed by legal, company statute or contractual storage obligations,
- there is cause to assume that through a deletion, the interests of the persons concerned, which are worthy of protection, would be impaired,
- a deletion is not possible or only with a disproportionately high amount of work owing to the special type of the storage.

Applications for information (§§ 19, 34 BDSG [Federal Data Protection Act]), correction, deletion or blocking (§§ 20, 35 BDSG) are accepted by Doris Setter, Managing director, Am Bullhamm 17, 26441 Jever or
info@scoma.de.

Revocation of consents
If you have explicitly granted a consent over the course of the order process, you can revoke your consent always with effect for the future. You can revoke the consent to the receipt of the newsletter under the link “Newsletter” by choosing the option there “unsubscribe Newsletter”.

As soon as you click on the Facebook button, which can be found on several pages in the shop, your data will be transmitted to Facebook and linked with your user account there insofar as you are registered with Facebook and logged in. Should you not request this data transmission, then please ensure that you are not logged into Facebook with your user data or do not press the button. You can find more detailed information concerning data protection with Facebook under the address http://de-de.facebook.com/policy.php.


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On this website data for marketing and optimisation purposes are collected and stored using technologies of etracker GmbH (www.etracker.com). Use profiles can be created from these data under a pseudonym. Cookies can be used for this purpose. Cookies concern small text files, which are stored locally in the temporary storage of the Internet browser of the site visitor. The cookies enable the recognition of the Internet browser again. The data collected using the etracker technologies are not used to personally identify the visitor of this website without the separately granted consent of the person concerned and not summarised with personal data about the holder of the pseudonym. The data collection and storage can be objected to at all times with effect for the future.
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All prices include the legal VAT 19% and shipping costs.


¹ specal offer - 10 low price offers with a supply-term to 30.04.2014. Prices are marked red.
² long term special offer - We have 20 whisk(e)ys with high demand and a good price/efficieny ratio
in our long term special offer. Valid until September 2014. Marked with button.

Entwicklungsumgebung