Terms and Conditions (T&C)
Validity/conclusion of contract:
Our supplies, services and offers are made and provided solely on the basis of the following Terms and Conditions. These form part of all contracts concluded with our customers/buyers in respect of the goods offered by us.
Offers and pricing stated in brochures, advertisements and other promotional material are non-binding and subject to change without notice. The customer is bound by any order sent by him via internet, fax or email and not yet accepted by us 14 calendar days after the sending of that order. The sales contract comes into effect as soon as our acceptance of the order arrives with the customer and no later than the arrival of the goods.
Orders of up to three units are due for delivery immediately and no later than five working days following receipt of order.
Pricing and payment:
Within Germany, prices stated include the legally applicable sales tax. Our prices include packaging insofar as nothing to the contrary has been specifically agreed in writing. There are no shipping costs for recipients within Germany. Shipping costs for recipients within the EU are €25.00 plus VAT (see website).
Payment is permissible only through authorised direct debit from the bank account provided by the customer or through BACS transfer to the bank account specified by us. The buyer can then only set off his own claims against our claims, if his claims are uncontested or have been established as legally binding.
Retention of title:
We retain ownership rights to the goods delivered until payment of the purchase price for those goods and any other arrears has been received in full. As long as retention of title is in force, the purchaser may not sell the goods or avail of its title in any other manner. As our security, any receivables resulting from an unlawful onward sale or divestment are herewith transferred to us. We accept the transfer. Commercial distributors are permitted to sell the goods on. The amount of their purchase price is assigned to us until settlement of our claims, and is collected by the distributor with our permission on our behalf and forwarded to us. We accept the assignation. The buyer is obliged to store free-of-charge and safely such goods as remain in our ownership. In the event that our property is seized by a third party (particularly bailiffs), the buyer must inform such parties of our ownership and inform us without delay.
Warranty / compensation / liability limitation:
In the event of faults or defects in the goods supplied, the buyer retains his full statutory rights. Compensation claims on the part of the buyer due to obvious material defects are excluded if he does not inform us of the defect within a period of two weeks following delivery of the goods. Our liability for compensation, regardless of basis in law and in particular due to delay, defects or other breach of duty, is limited to damages of a foreseeable and normal contractual nature. Our devices are Geiger Müller counters. They are for the purposes of measuring ionising radiation within the scope of measuring procedures for handheld Geiger counters. We cannot accept liability for damages if the device has been opened or used improperly. We take no responsibility for incorrect interpretation of the measurement values shown.
ElektroG (WEEE) (German Electrical and Electronic Equipment Act); EDP – Data Protection
We take our devices back in accordance with the German Electrical and Electronic Equipment Act (the return and disposal of electrical and electronic devices) (WEEE-Reg.-Nr. DE 65282310).
Personal and corporate data relating to our customers are stored via EDP for business purposes. They are used only in accordance with the rules set out in the German Data Protection Act.
General:
The contractual relationship is subject entirely to the jurisdiction of German law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply. Due legal process is required in the event of dispute. There is no provision for out-of-court dispute resolution.
In relation to commercial onward sale, the court of jurisdiction is that applicable to the headquarters of Gamma-Scout GmbH & Co. KG.
Should individual provisions of these Terms and Conditions be or become ineffective, this does not affect the validity of the remaining provisions and those of the overall transaction.
Information concerning links on our website:
While we do not preclude links between our website and those of our business partners, we do not accept any liability for their content.
Right of withdrawal/power of revocation (cooling off period)
The consumer (§ 13 BGB; para. 13 of the German civil code) has the right to withdraw from his contractual statement after submitting his order up to 14 days after receiving the goods without providing reasons, either in writing or by returning the goods with an indication that the return is a withdrawal from contract. The revocation period shall be deemed observed if the resending of the goods or notice of revocation is sent off within the stated interval.
Revocation and returns shall be addressed to:
Gamma-Scout GmbH & Co. KG,
Max-Planck-Str. 22
D-50858 Cologne
Germany
Consequences of revocation:
In the event of a valid revocation, payments or goods received by either party, including any possible benefits gained, must be returned/repaid within 14 days. If you cannot return payment or goods received from us at all, only in part or in diminished condition, you must provide due compensation for the loss of value. This also applies to any diminished condition resulting from correct use of the goods in question (particularly destruction of the counter tube). You should therefore avoid any value impairment. Obligations to return payments must be fulfilled within 14 days. This period begins for you as soon as you send your statement of revocation or the goods; and for us, on their receipt.
Gamma-Scout GmbH & Co. KG, Cologne – January 2023