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for the online presence scalemonkey.com.de
legally represented by:
Karsten Moebius
1.1. For all via the online store scalemonkey.com.de (hereinafter referred to as the “Online Shop”) concluded between us, ScaleMonkey / Karsten Moebius, Käthe-Kollwitz-Weg 73, 89081 Ulm, Phone: +49 (0) 731 / 40390785, e-mail: service@scalemonkey.com.de (hereinafter referred to as “we” or “ScaleMonkey”), and you (hereinafter also referred to as “Customer”), the following General Terms and Conditions (“GTC”) shall apply exclusively.
1.2. The customer agrees to the validity of these GTC when registering for the online store, but at the latest when ordering goods via the online store.
1.3. The range of goods in our online store is aimed equally at consumers and entrepreneurs. For the purposes of these GTC, (i) a “consumer” is any natural person who concludes the contract for purposes which can predominantly be attributed neither to their commercial nor their independent professional activity (Section 13 BGB) and (ii) an “entrepreneur” is a natural or legal person or a partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract (Section 14 (1) BGB).
The goods offered in our online store represent a non-binding invitation to place a binding order for goods at ScaleMonkey. By ordering the goods by clicking on a button such as “Buy” or “Order with obligation to pay” in the online store, the customer submits a binding offer to purchase the goods in the shopping cart. ScaleMonkey will immediately confirm receipt of the customer’s order by e-mail. This automatically generated confirmation of receipt does not constitute acceptance of the offer. The contract with ScaleMonkey only comes into effect with the separate order confirmation from ScaleMonkey by e-mail or by delivery of the goods. (acceptance); however, ScaleMonkey will inform the customer of the acceptance of the offer within 5 working days in any case; after expiry of this period, the customer is no longer bound by his offer. Orders and deliveries are only possible within the Federal Republic of Germany, unless we have agreed otherwise in writing with the customer.
3.1. Cancellation policy
If the customer is a consumer, he is entitled to cancel the contract in accordance with the following cancellation policy:
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the date,
a) on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods, if you have ordered one or more goods as part of a single order and the goods or goods are or will be delivered uniformly;
or
b) in which you or a third party named by you, who is not the carrier, has taken possession of the last goods, if you have ordered several goods as part of a single order and the goods are delivered separately;
or
c) in which you or a third party named by you, who is not the carrier, have taken possession of the last partial shipment or the last piece, if you have ordered goods that are delivered in several partial shipments or pieces.
If several of the above alternatives apply, the withdrawal period shall not begin until the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods or the last partial shipment or the last item.
To exercise the right to cancel, you must inform us (web_sitetitle], Käthe-Kollwitz-Weg 73, 89081 Ulm, phone: +49 (0) 731 / 40390785, e-mail: service@scalemonkey.com.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
You can also fill out and submit the sample revocation form or another unambiguous declaration electronically on our website: https://scalemonkey.com.de /revocation-form/. If you make use of this option, we will send you a confirmation of receipt of such a revocation without delay (e.g. by e-mail).
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us (ScaleMonkey, Käthe-Kollwitz-Weg 73, 89081 Ulm) immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods.
3.2. Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts
– for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
– for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
3.3. Expiry of the right of withdrawal
The right of withdrawal expires prematurely for contracts
– for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature;
– for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
The goods delivered to the customer shall remain the property of ScaleMonkey (“reserved goods”) until payment has been made in full. You may not sell or pledge these reserved goods to third parties and must treat them properly and with care. The customer must inform us of any access by third parties to the reserved goods immediately after becoming aware of it. The customer shall be liable for all costs incurred for the revocation of such accesses, in particular by filing a third party action, insofar as the reimbursement of the costs cannot be obtained from the third party concerned.
5.1. There is a statutory warranty right for the purchased goods.
5.2. If the delivered goods have a material defect and the customer is an entrepreneur, we can choose between remedying the defect or delivering a defect-free item. Our choice can only be made by notifying the customer in text form (also by fax or e-mail) within three working days of notification of the defect.
5.3. If the customer is a consumer, his claims for defects in the goods shall become time-barred in accordance with the statutory provisions. If the customer is an entrepreneur, the limitation period for claims by the customer for defects in new goods and used goods is twelve months from delivery of the defective goods. Notwithstanding the foregoing, the statutory limitation provisions shall apply insofar as ScaleMonkey is guilty of fraudulent intent, willful misconduct or gross negligence in view of the defect.
5.4. The following applies only to entrepreneurs: The customer must carefully inspect the goods immediately after delivery. The delivered goods shall be deemed to have been approved by the customer if we are not notified of a defect (1.) in the case of obvious defects within five working days of delivery or otherwise (2.) within five working days of discovery of the defect.
6.1. ScaleMonkey has unlimited liability
– in the event of intent or gross negligence,
– for injury to life, limb or health,
– in accordance with the provisions of the Product Liability Act and
– to the extent of a guarantee assumed by ScaleMonkey.
6.2 Notwithstanding the provision in section 6.1, ScaleMonkey shall only be liable for negligence in the event of a breach of material contractual obligations, i.e. the breach of obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely (“cardinal obligation”). In the event of a slightly negligent breach of a cardinal obligation, the liability of ScaleMonkey shall be limited to such typical damages and/or such typical scope of damages that were foreseeable at the time the contract was concluded.
6.3 The above limitations of liability shall also apply in the event of fault on the part of a vicarious agent of ScaleMonkey and for the personal liability of the employees and representatives of ScaleMonkey.
6.4. The limitation period for claims for damages by the customer shall be determined in accordance with the statutory provisions in the cases specified in Section 6.1. The limitation period for other claims for damages by the customer is one year. It begins at the end of the year in which the claims arose and the customer became aware of the circumstances giving rise to the claim and the identity of the debtor or did not become aware of them due to gross negligence; however, claims in these cases expire at the latest five years after they arise and ten years after the commission of the act, the breach of duty or the other event causing the damage.
Insofar as personal data of the customer is collected in the context of the conclusion and execution of the contract with the customer, ScaleMonkey shall comply with the applicable data protection regulations, in particular the German Federal Data Protection Act (“BDSG”), when processing and using such data. Further information on the handling of customer data can be found in the privacy policy of ScaleMonkey at: https://scalemonkey.com.de /privacy-policy/.
8.1 Unless a different price has been expressly agreed in individual cases, all deliveries from ScaleMonkey shall be made on the basis of the prices stated in the online store on the day of the order. Our prices include the statutory value added tax. The shipping costs stated in the order will be added to this. Customs duties and similar charges shall be borne by the customer.
8.2. We deliver against PayPal, Sofort Überweisung, prepayment and against invoice for existing customers.
8.3. The customer shall have no right of set-off or retention unless the counterclaim is undisputed or has been legally established.
9.1. We will deliver the goods to the customer within the delivery time stated on the respective offer page. If no delivery time is specified on the offer page, goods marked as “in stock” will be delivered within ten working days, and all other goods within four weeks.
9.2. The delivery period pursuant to clause 9.1 shall commence on the day of our acceptance of the receipt of payment (i.e. on the day on which the purchase contract is concluded).
9.3. If the customer is an entrepreneur, the following shall also apply: In the event that our supplier does not deliver goods to us in good time which were marked as “not in stock” on the offer page in the online store when the customer placed the order, the delivery time otherwise applicable under clause 9.1 shall be extended by the duration of the delivery by our supplier plus two working days, but by a maximum period of three weeks. The prerequisite for this extension of the deadline is that we immediately reorder the goods and are not responsible for the delay in delivery by our supplier.
9.4. If the goods cannot be delivered or cannot be delivered on time, for example because one of our suppliers does not deliver the goods on time, we will inform the customer of this immediately. If the goods are not available from our suppliers for the foreseeable future, we are entitled to withdraw from the purchase contract. In the event of a withdrawal, we will immediately reimburse the customer for any payments made to us. The statutory rights of the customer due to delayed delivery shall not be affected by the above provision, whereby the customer may only claim damages in accordance with Section 6 of these GTC.
10.1. Unless expressly agreed otherwise, we shall determine the appropriate mode of shipment and the transportation company at our reasonable discretion.
10.2. We are entitled to make partial deliveries of separately usable goods included in an order, whereby we shall bear the additional shipping costs incurred as a result.
10.3. Large and bulky goods are delivered by a forwarding agent. The forwarding agent only delivers the goods up to the first step or the first lockable door at the customer’s delivery address.
10.4. If the customer is an entrepreneur, we only owe the timely and proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company.
10.5. If the customer is a consumer, the risk of accidental destruction, accidental damage or accidental loss of the delivered goods shall pass to the customer at the time at which the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk shall pass to the customer upon delivery of the goods to the transport company.
10.6. We shall insure the goods against the usual transportation risks at our expense.
The text of the contract is available to the customer when the order is placed and will be sent to the customer by e-mail if we accept the order. With the exception of the current GTC, the individual contract texts are not available in the online store after conclusion of the contract.
12.1. The purchase contract existing between us and the customer as well as all claims and rights arising therefrom and in connection therewith are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods, subject to mandatory international private law provisions.
12.2. If the customer is a merchant within the meaning of § 1 para. 1 of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts in Ulm shall have exclusive jurisdiction for all disputes arising from or in connection with the contractual relationship in question. In all other cases, we or the customer may bring an action before any court having jurisdiction by law.
12.3. Should a provision of these GTC be or become invalid or contain an inadmissible deadline provision or a loophole, the legal validity of the remaining provisions shall remain unaffected. Insofar as the invalidity does not result from a breach of §§ 305 ff. BGB (validity of general terms and conditions), the invalid provision shall be replaced by a valid provision that comes as close as possible to the economic intentions of the contracting parties. The same applies in the event of a gap. In the event of an impermissible time limit, the legally permissible measure shall apply.
Ulm, 01.01.2021
* Prices incl. legal. VAT and plus shipping costs – Strikethrough prices correspond to the previous price at ScaleMonkey
** Free shipping in Germany from 140 EUR order value.
Questions? Give us a call: +49 (0)731 / 40390785
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