General Business Terms and Conditions

These are the General Business Terms and Conditions (hereinafter: "AGBs") by

Alfred Sternjakob GmbH & Co. KG
Frankenstraße 47-55
67227 Frankenthal
Tel. +49 62 33 / 49 01- 0
Fax. +49 62 33 / 49 01 - 670
VAT ID No. DE 148422522

Alfred Sternjakob GmbH & Co. KG (hereinafter “Salesperson”) provides exclusively articles by the Scout brand for purchase via the “scout-schulranzen.de” website online shop. The following AGBs shall apply for agreements closed via this online shop.

§ 1 General – Area of validity

  1. Customers in terms of these AGBs are (end) customers. Consumers in terms of these AGBs are any natural persons to whom neither commercial nor independent vocational activities can be attributed.
  2. For the business relationship including individual orders, deliveries and services between the Salesperson and the customer (hereinafter the "Orderer"), these AGBs shall apply exclusively in the version valid at the time of the order.
  3. Any business terms and conditions of the Orderer which may deviate, contradict or supplement these AGBs shall not be considered a component of the agreement – even if the Salesperson is aware of them – unless their validity is expressly agreed in writing.

§ 2 Closure of agreements in the online shop

  1.  All products available under scout-schulranzen.de shall not represent a binding offer; they are to be understood as a request to the Orderer to issue a binding offer.
  2. By clicking on the "Purchase or place a binding order", you submit a binding order subject to a charge into your shopping basket. The confirmation of the entry of your order takes place together with the order acceptance immediately after sending the entry off through an automated e-mail. Once this e-mail arrives, the purchase agreement is closed.
  3. The purchase agreement is generated exclusively for those products contained in the order confirmation, even if further products were contained in the original order.
  4. The Salesperson is authorised to limit the order to a quantity suitable for standard households.
  5. The Salesperson is authorised to exclude the Orderer from usage of the order options and any further orders if they do not accept the ordered goods without a well-founded reason; if they do not pay the purchase price request or violate any other obligations pertaining to the agreement.

§ 3 Remuneration

  1. The prices listed in the respective offers are without exception gross prices; i.e. they contain all price components including any incurred taxation. Packaging and dispatch costs are stated separately.
  2. Delivery in the form of cash on delivery outside Germany is not possible.
  3. The right to set-off with counterclaims shall only be granted to the Orderer in as much as their counterclaims remain undisputed, are determined through legal means or are acknowledged by the Salesperson. The Orderer is only authorised to exercise their rights of retention in as much as their counterclaim is based on the same agreement relationship.

 § 4 Delivery and dispatch terms and condition

  1. The dispatch and / or the delivery of the products orders from the Salesperson shall take place exclusively to delivery addresses within the European Union (EU).
  2. Partial deliveries are permitted if they can be considered reasonable for the Orderer. The Salesperson shall bear the additional resulting dispatch costs due to partial deliveries.
  3. The Orderer guarantees that they have stated the correct and complete delivery address. Should additional costs for the dispatch be incurred due to incorrect address data – for example renewed dispatch costs – these shall be charged to the Orderer.

 § 5 Transfer of risk

  1. The risk of accidental loss and deterioration of the sold object shall be transferred to the Orderer in accordance with the legal provisions.
  2. The transfer remains the same if the Orderer delays acceptance of the article.

 § 6 Right of withdrawal

Consumers shall have the right of withdrawal with regard to the purchased article according to the standards set in the following instruction:

  1. Right of withdrawal:                                                                                                                                                     You shall have the right to withdraw from the agreement within fourteen days without statement of the reasons. The withdrawal deadline shall total fourteen days from the day you or an unnamed third party who is not the forwarder accepted the last articles into your possession. In order to exercise your right of withdrawal, please contact
    Alfred Sternjakob GmbH & Co. KG
    Frankenstraße 47-55
    DE 67227 Frankenthal
    Tel. +49 62 33 / 49 01 - 136
    Fax. +49 62 33 / 49 01 - 670
    contact@sternjakob.de via an unambiguous declaration (e.g. a letter sent by post, a fax or email) on your decision to withdraw from this agreement. You can use the enclosed template withdrawal form, but you do not have to do so. To maintain the withdrawal deadline, it is sufficient to send the notification that you will exercise the right to withdrawal prior to expiry of the withdrawal deadline.
  2. Consequences of the withdrawal:
    If you withdraw from this agreement, we shall pay back all payments which we have received from you, including the delivery costs (with the exception of additional costs resulting from the use of a different type of delivery than the inexpensive standard delivery offered by us), without delay and within fourteen days at the latest after the day on which the notification of your withdrawal from this agreement is received by us. For this repayment, we shall utilise the same method of payment as you have used during the original transaction, unless something different has expressly been agreed with you, in no cases shall charges be imposed for this repayment. We can refuse repayment until we have had the goods returned to us or until you have produced proof that you have returned the goods, depending on which takes place first. You shall return or hand over the goods without delay and in any case fourteen days at the latest from the day on which you notify us of your withdrawal from the agreement. The deadline is granted if you send the goods prior to expiry of the fourteen-day deadline. You shall bear the direct costs for the return of goods. You only have to pay loss of value on the goods if this loss of value is, after inspection of the quality, properties and functionality of the goods, attributable to unnecessary handling by yourself.
  3. The right of return does not exist for goods which have been produced according to individual customer specifications (Scout Satchel Configurator). Our legal liability due to quality defects shall remain unaffected by this.

 § 7 Reservation of proprietary rights

The Salesperson reserves the proprietary rights to the delivered goods until fulfilment of all payment claims (including all payments for secondary claims, claims for damages or other claims, whatever the legal reason) from the respective order for the Orderer. Should the Orderer breach the agreement, in particular through delayed payments, the Salesperson is authorised to withdraw from the agreement and to take back the goods supplied under reservation of proprietary rights. The Salesperson is authorised to use these goods subsequent to withdrawal and seizure of the goods supplied under reservation of proprietary rights; the utilisation proceeds shall be offset against the accounts payable by the Orderer – minus the appropriate usage costs. The Orderer is obligated to handle the goods supplied under reservation of proprietary rights with care. The Orderer is not authorised to sell on the goods supplied under reservation of proprietary rights.

 § 8 Liability for defects

  1. The rights of the Orderer in case of defects (warranty) shall be orientated on the following provisions:
  2. The legal warranty rights shall apply for all deliveries. After this, defects initially result in a claim for subsequent fulfilment (according to the Salesperson’s choice, either resolution of defects, or new delivery). Should the subsequent fulfilment fail, the Orderer may select their claim to withdrawal from the purchase agreement, or a reduction in the purchase price.
  3. The Orderer is not authorised to remove any existing defect themselves directly or to have them removed by third parties (self-remedying); any costs incurred for this shall not be reimbursed to the Orderer.
  4. In case of transport damages, the Orderer shall obligate themselves to notify the Salesperson without delay and to support them in any enforcement of claims against the respective transport company or the transport insurance to the best of their possibilities. The Orderer therefore, amongst other things, is obligated to notify the transportation company of the loss of or damage to the goods immediately upon delivery, if this is externally visible; they shall store the packaging. If the loss or damage is not externally visible, the Orderer must notify the transportation company and the Orderer within 7 days after delivery.
  5. The presentation of the goods and the appropriate product descriptions are to be considered as pure performance descriptions and under no circumstances as a guarantee for the quality of the goods.

 § 9 Liability

  1. The Salesperson shall be held liable for damages resulting from lethal injury, physical injury or to health which is caused by an intended or grossly negligent violation of their obligations or the obligations of their legal representative or their vicarious agents and for any other damages caused through intended or grossly negligent violations of obligations or malice by them, their legal representatives or vicarious agents. In addition, the Salesperson shall be held liable for damages which are included in the liability according to mandatory legal provisions, for example the German Product Liability Law (ProdHaftG).
  2. For damages caused by pure negligence, the Salesperson shall be held liable if this negligence concerns the violation of such agreement obligations, the maintenance of which is of particular importance for the achievement of the agreement purpose (delivery and payment of the goods). Here the liability is limited to the foreseeable, agreement-typical, direct average damages.
  3. In the case of minor negligent violations of minor agreement obligations, the Salesperson shall be held liable for the foreseeable, agreement-typical, direct average damages.
  4. Further liability shall be excluded without consideration of the legal nature of the asserted claim.

 § 10 Final provisions

  1. The laws of the Federal Republic of Germany shall apply.
  2. The provisions of international private law, as well as the provisions of the United Nations Convention on agreements about the international purchase of goods (UN purchasing rights) shall not apply.
  3. The place of fulfilment for all contractual and legal claims is, if nothing else is determined or mandatory legal regulations state otherwise, the Salesperson’s headquarters-.  
  4. If the Orderer’s place of residence or their usual residence is not known at the time the complaint is filed, the exclusive place of jurisdiction for any disagreements arising from this agreement is also the Salesperson’s headquarters. However, the Salesperson is also authorised to appeal to a court at another place of jurisdiction.
  5. Should individual provisions of the agreement with the customer including these AGBs be rendered completely or partially ineffective, or if the agreements contain a legal loophole, the validity of the remaining provisions shall remain unaffected.