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General Terms and Conditions of Business

§ 1 Provider, scope

1) The operator of the Internet shop at scandinavian-park.de is Scandinavian Park Petersen KG Scandinavian Park 13 24983 Handewitt

- hereinafter referred to as the “Provider” - (2) The legal relationships formed between the Provider and its customers through this Internet shop are subject exclusively to the following General Terms and Conditions of Business.

§ 2 Contracts

1) The presentation of goods in the Internet shop does not constitute a binding offer by the Provider to enter into a contract of sale. The customer is merely invited thereby to submit an offer by way of an order. All presentations of goods are subject to change and are valid only as long as supplies last. (2) By sending the order in the Internet shop, the customer submits a binding offer for the goods contained in the shopping cart with the aim of entering into a contract of sale.

(3) The Provider enters into contractual relationships only with customers who are of legal age. By sending an order, the customer warrants that he is at least 18 years of age. He further warrants that the information he has provided in respect of his age, name and address is correct, and he must further ensure that only he himself, or a person of legal age authorised by him to accept delivery, takes delivery of the goods. If persons who are not of legal age initiate orders with false statements or without the permission of a responsible adult authorised to represent them, the Provider shall rescind its contractual acceptance on the grounds of fraudulent misrepresentation (§ 123 BGB). The Provider further reserves the right to assert a claim for all incurred costs against the orderer.

(4) The Provider confirms receipt of the customer’s order by sending a confirmation e-mail message. This order confirmation does not yet constitute acceptance by the Provider of the contractual offer. It serves simply to inform the customer that the Provider has received the order.

(5) The contractual offer is declared accepted only with confirmation of shipment or delivery of the goods to the customer.

§ 3 Shipping

(1) The provider does not send any goods to Sweden and the purchase does not include any delivery fees. It is up to the customer to choose a carrier who deliver his purchase to an address in Sweden. If the customer chooses one of the carriers listed on the confirmation mail, the carrier will receive all necessary information regarding the purchase, like quantity and weight through the provider.

(2) If the customer makes use of his right of revocation, he must bear the costs of returning the goods if the delivered goods are the same as those ordered and the price of the goods to be sent back does not exceed EUR 40.00 or, if the price of the goods is higher, payment of the purchase price or of the contractually agreed instalments has not been made by the time of the revocation.

§ 4 Payment options, refunds

(1) When ordering, the customer may choose from the “Pay in Advance”, “PayPal” and “Payson” payment options.

(2) “Pay in Advance” payments must be made by bank transfer. The Provider shall provide the customer with its bank account information by e-mail.

(3) If the Provider becomes obliged to give refunds, it shall do so exclusively by bank transfer if the customer has paid in advance. The customer is obliged in such a case to disclose his bank account information by e-mail or in writing. If payment has been made through either “PayPal” or “Payson”, it shall be refunded through that system.

§ 5 Warranty

(1) Unless otherwise provided hereinafter, the customer’s warranty rights are based on general provisions of law. Claims by the customer for damages against the Provider are subject to § 6 of these GTC.

(2) The limitation period for warranty claims by the customer is two years for consumers in the case of newly produced goods, and one year in the case of used goods. For claims against companies, the limitation period is one year in the case of newly produced goods and in the case of used goods.

(3) The foregoing shortening of the limitation periods does not apply to claims for damages by the customer arising from an injury to life, body, or health or to claims for damages arising from a breach of essential contractual duties. Essential contractual duties are those whose fulfilment is necessary to achieve the purpose of the contract, as, for example, when the Provider must hand the goods over to the customer free of material defects and defects in title and transfer ownership of them. The foregoing shortening of limitation periods likewise does not apply to claims for damages based on a breach of duty by the Provider, its legal representatives, or its performing agents through wilful misconduct or gross negligence. Likewise excepted from the shortening of the limitation periods are recourse claims according to § 478 BGB against companies.

§ 6 Exclusion of liability

(1) Claims by the customer for damages are excluded except as otherwise provided below. The foregoing exclusion of liability applies to the benefit also of the Provider’s legal representatives and performing agents if the customer asserts claims against them.

(2) Excepted from the exclusion of liability as provided in item 1 are claims for damages arising from an injury to life, body, or health and claims for damages arising from a breach of essential contractual duties (§ 3(3)). (3) Provisions of the Product Liability Act [Produkthaftungsgesetz] remain unaffected.

§ 7 Choice of law, jurisdiction

(1) The laws of the Federal Republic of Germany applies to contractual relationships between the Provider and the customer. Not subject to this choice of law are the mandatory consumer protection provisions of the country in which the customer has his customary place of abode. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.

(2) The place of jurisdiction for disputes arising from the contractual relationship between the customer and the Provider is the Provider’s principal place of business if the customer is a businessman, a legal person governed by public law, or a special entity governed by public law.

§ 8 Severability clause

Should a provision of these General Terms and Conditions of Business be invalid, its invalidity shall not affect the validity of the other provisions.