Terms and Conditions

Terms and Conditions

thescottish.shop

General terms and conditions of business

Last modified: 15.10.2020

1. Scope

These terms and conditions apply to every order placed at thescottish.shop via the Internet using the "shopping cart" on the contractual partner's website. The contractual partner is thescottish.shop, Lindenstraße 13, 15566 Schöneiche near Berlin, Germany (hereinafter referred to as "TSS") and the consumer or entrepreneur (hereinafter referred to as "customer"). A consumer is any natural person who purchases from TSS for a purpose that is predominantly neither related to their commercial nor independent professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of their commercial or independent professional activity.

These General Terms and Conditions are part of the contract and apply to all contracts, including future contracts, between TSS and the customer. General Terms and Conditions that conflict with or deviate from the following provisions do not apply. The customer accepts the General Terms and Conditions in their entirety in the version valid at the time the contract is concluded. The General Terms and Conditions can be accessed on the TSS website under the General Terms and Conditions link. In addition, the General Terms and Conditions are sent to each customer with the order confirmation, provided that TSS sends one (see Conclusion of Contract).

2. Conclusion of contract

Orders can be placed at TSS on the Internet at www.thescottish.shop (and on other domains belonging to the company) via the shopping cart. By clicking on the "Add to shopping cart" button, the customer can put the respective goods in the virtual shopping cart. The selected goods are collected in the shopping cart. This process is non-binding and does not constitute a contractual offer. After providing the payment and shipping information, the customer submits a binding purchase offer for the items in the shopping cart by clicking on the "Buy now" button. Before bindingly placing the order, the customer has the opportunity to check the accuracy of the information and correct it if necessary. TSS confirms receipt of the order immediately after the order has been sent by sending an automatic confirmation of receipt email. However, this email does not constitute a binding acceptance of the offer; it merely serves to inform you that the order has been transmitted correctly from a technical perspective. All offers of articles shown are subject to change - including the price information - and merely represent non-binding invitations for the customer to submit a purchase offer. TSS can accept the customer's offer contained in the order within 5 calendar days. If this does not happen (no order confirmation or no dispatch of the items within the deadline), the customer's offer is deemed to have been rejected. If the customer receives an order confirmation or dispatch notification, the customer's offer is deemed to have been accepted. The customer is informed of the delivery time on the respective product detail page and before placing the order.

TSS only accepts orders from customers who are 18 years or older. Orders from minors can only be placed with the express consent of a legal guardian.

The contract language is exclusively German. As an additional service, TSS offers its customers the option of changing the language in the online shop. The item descriptions on the foreign language pages are often shortened or incomplete. Order confirmations and other information are not provided in all languages, but only in German or English.

3. Prices, packaging & shipping costs

The prices listed in the online shop at the time of ordering apply. All prices are gross prices including statutory VAT and are stated in EURO (€). The prices are per sales unit as stated and apply ex warehouse. In addition to the prices shown, TSS charges shipping costs. The customer can find the shipping costs for deliveries applicable at the time of ordering in the shipping costs table on www.TSS.de. TSS does not charge any separate costs for packaging the shipment.

For deliveries to non-EU countries, additional customs duties, taxes and fees apply.

• Information on customs duties: http://ec.europa.eu/taxation_customs/index_de.htm
• Information on import sales tax: http://auskunft.ezt-online.de/ezto/Welcome.do
• Information specifically for Switzerland: http://xtares.admin.ch/tares/login/loginFormFiller.do

The statutory VAT will be shown separately on the invoices.

More information about shipping can be found at https://thescottish.shop/policies/shipping-policy

4. Terms of payment & retention of title

Payment methods

TSS accepts payments via PayPal, credit card (Visa Card, MasterCard and American Express), direct bank transfer (Klarna AB) or purchase on account (Klarna AB). TSS uses PayPal (Europe) S.à rl et Cie, SCA and Shopify Payment (Shopify International Limited) as payment service providers to process payments.

TSS reserves the right, after checking the customer information, not to offer certain payment methods and to refer to other payment methods. Under no circumstances will TSS cover any costs that may arise from a money transaction, such as costs for using the credit card abroad.

When purchasing on account, the customer will be informed about the due date of the purchase price on the order overview page before the contract is concluded.

Retention of title

TSS remains the owner of the goods until full payment has been made. TSS reserves the right not to provide the promised service if it is not available. If payment has already been made, the purchase price will be credited to the customer and offset against the next order or refunded at the customer's request.

If the ordered goods are to be shipped abroad (especially outside of Europe), any import duties (especially customs duties) are borne by the customer.

Electronic invoice/credit note

The customer agrees to the electronic transmission of invoices and credit notes.

TSS may, at its sole discretion, also send the invoice/credit note to the customer on paper.

5.Shipping & delivery time

Orders can be shipped with Hermes, DHL, DPD, FedEx or UPS.

As a rule, the delivery time within Germany is 1 to 4 working days after TSS sends the order confirmation.

If delivery to the customer is not possible for reasons within the customer's sphere of influence, the customer will bear the additional costs for the re-delivery. The customer must ensure that the ordered goods can be delivered to the relevant shipping address during normal business and delivery times. TSS bears the shipping risk if the customer is a consumer. The risk of accidental loss and accidental damage is transferred to the customer upon delivery of the goods.

TSS reserves the right, at its own discretion, to commission other companies not mentioned in the first paragraph to carry out the shipping.

There is no obligation to deliver if timely delivery can no longer be guaranteed due to force majeure or strikes.

6. Acceptance of the shipment by the customer

The customer should not accept packages that are visibly damaged without complaint, as this can make it difficult or impossible to prove that the shipment was damaged during transport at TSS's expense. Therefore, when accepting a shipment, the customer must ensure that the delivered package is externally undamaged. If the package is visibly damaged, so that it is likely that the contents of the shipment are damaged, the customer must notify the deliverer and have the deliverer make a note of this, and the customer can obtain a copy of this.

7. Gift vouchers and their redemption

Gift vouchers are vouchers that the customer can purchase. These can only be redeemed for the purchase of items offered in the online shop, but not for the purchase of further gift vouchers. If the balance of a gift voucher is not sufficient for the order, the difference can be made up using the payment methods offered (see section 4).

Gift vouchers and credit can only be redeemed before the order process is completed. The credit on a gift voucher will not be paid out in cash and will not accrue interest.

8. Right of withdrawal

Customers are entitled to the right of withdrawal in accordance with Section 13 of the German Civil Code (BGB).

9. Cost-bearing agreement in the event of revocation

In the event of exercising the right of withdrawal from the Federal Republic of Germany, it is agreed that TSS will bear the direct costs of the return shipment, provided the return slip provided is used. If no return slip is included with the delivery, TSS will provide a return slip. This can be requested by email to craig.stevenson[at]thescottish.shop.

If the return slip offered by TSS is not used to return the goods to TSS, the customer will bear the direct costs of returning the goods.

Customers from other countries generally have to bear the direct costs of returning the goods.

The following applies to orders from other EU countries and non-EU countries: In the event of exercising the right of withdrawal, it is agreed that the customer must bear the direct costs of returning the goods.

Our customers therefore have the right to revoke their contractual declaration in accordance with the following cancellation policy.

10. Cancellation policy

Right of withdrawal

The customer has the right to withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period is fourteen (14) days from the day on which the customer or a third party designated by him, who is not the carrier, took possession of the last goods. To exercise his right of withdrawal, the customer must inform TSS (thescottish.shop, Lindenstraße 13, 15566 Schöneiche near Berlin, craig.stevenson[at]thescottish.shop) of his decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). He can use the attached model withdrawal form for this purpose, but this is not mandatory. The customer can also electronically fill out and submit the model withdrawal form or another clear declaration on our website [https://www.thescottish.shop]. If he makes use of this option, we will immediately send him a confirmation of receipt of such a revocation (e.g. by email). To comply with the revocation period, it is sufficient that he sends the notification of the exercise of the right of revocation before the expiry of the revocation period. A right of revocation does not exist for the following distance selling contracts,

• Contracts for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery,
• Contracts for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts,
• Contracts for the provision of services in the field of accommodation for purposes other than residential purposes, transport of goods, rental of motor vehicles, supply of food and beverages and the provision of other services related to leisure activities, where the contract provides for a specific date or period for the provision of such services,
• Contracts for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery.

Consequences of revocation

If the customer cancels this contract, TSS will refund all payments received from the customer, including delivery costs (with the exception of additional costs resulting from the customer choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of his cancellation of this contract. For this refund, we will use the same means of payment that the customer used for the original transaction, unless something else was expressly agreed with the customer; under no circumstances will the customer be charged any fees for this refund. The refund may be refused until the goods have been received back or until the customer has provided proof that he has returned the goods, whichever is earlier. The customer must return the goods to TSS, c/o Returns, Lindenstrasse 13, 15566 Schöneiche near Berlin, Germany promptly and in any event no later than fourteen (14) days from the date on which he notifies us of the cancellation of this contract. This deadline is met if the goods are returned before the expiry of the fourteen (14) day period. The customer from the Federal Republic of Germany bears the direct cost of returning the goods if the return slip supplied or subsequently made available is not used. Customers from other countries generally have to bear the direct cost of returning the goods. The customer only has to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

End of the cancellation policy

Sample cancellation form

(If you wish to cancel the contract, please fill out this form and send it back to us)

— To [thescottish.shop, Lindenstraße 13, 15566 Berlin, Germany; email to craig.stevenson[at]thescottish.shop]: — I/we (* ) hereby revoke the contract concluded by me/us (* ) for the purchase of the following goods (* ) — Ordered on (* )/received on (* ) — Name of the consumer(s) — Address of the consumer(s) — Signature of the consumer(s) (only if notification is on paper) — Date

( * ) Delete as appropriate.

Voluntary right of return up to 30 days after receipt of goods

For all orders, TSS grants the customer, in addition to the statutory right of cancellation, a voluntary right of return of a total of thirty (30) days from receipt of the goods. With this right of return, the customer can withdraw from the contract even after the expiry of the 14-day cancellation period (see section 10) by returning the goods to TSS within thirty (30) days of receipt (the period begins on the day after receipt of the goods), specifically to the address stated below. Timely dispatch is sufficient to meet the deadline. However, the prerequisite for exercising the voluntary right of return is that the customer returns the goods in their entirety, in their original condition, intact and without damage, in the sealed original sales packaging. The voluntary right of return does not apply to the purchase of gift vouchers and custom-made items. Returns as part of standard shipping within Germany are free of charge for the customer.

Items must be returned to the following address:

thescottish.shop

Lindenstrasse 13

15566 Schöneiche near Berlin

Germany

TSS provides return labels for this purpose, which can be requested via craig.stevenson[at]thescottish.shop.

For the refund, TSS will use the same payment method that the customer used for the original transaction, unless something else was expressly agreed with the customer; under no circumstances will the customer be charged any fees for this refund. The customer from the Federal Republic of Germany will bear the direct costs of the return shipment if the return slip provided or subsequently made available is not used. Customers from other countries must generally bear the direct costs of the return shipment.

The statutory right of cancellation (see section 10) is not affected by compliance with the rules mentioned here regarding the additional contractually granted (voluntary) right of return and remains in effect regardless of this. Until the deadline for the statutory right of cancellation expires, only the statutory conditions listed there apply. The contractually granted (voluntary) right of return also does not limit the statutory warranty rights, which the customer retains without restriction.

More information on returns can be found at https://thescottish.shop/policies/refund-policy

1 1. Compensation for use

The customer only has to pay for any loss of value of the goods if the deterioration of the goods and the use made of them go beyond checking their properties and functionality. Checking the properties and functionality means trying on and testing the TSS goods as is usual in a store.

1 2.Warranty

The statutory warranty provisions apply.

1 3. Limitation of liability

The customer's claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

In the event of a breach of essential contractual obligations, the provider shall only be liable for the damage that is typical for the contract and foreseeable if this was caused by simple negligence, unless the customer has claims for damages resulting from injury to life, body or health.

The restrictions of the above paragraphs 1 and 2 also apply to the benefit of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

The provisions of the Product Liability Act remain unaffected.

1 4. Applicable law and place of jurisdiction

The law of the Federal Republic of Germany applies to all legal transactions or other legal relationships with TSS. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental agreements, even after their adoption into German law, do not apply. In the case of contracts with customers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the buyer has his habitual residence.

If the customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the place of jurisdiction for all legal disputes concerning these terms and conditions and individual contracts concluded under them, including bills of exchange and checks, is the registered office of TSS (Berlin). In this case, however, TSS is also entitled to bring legal action at the customer's registered office.

1 5. Dispute settlement

The European Commission provides a platform for online dispute resolution (ODR), which you can find here: ec.europa.eu/consumers/odr/ . However, TSS is neither willing nor obliged to participate in a dispute resolution procedure.

1 6. Intellectual property

All image rights and other intellectual property rights, in particular texts, graphics, photos, illustrations and software are owned by TSS or partners or suppliers of TSS. This content is protected by copyright and commercial law. Use, storage, editing, reproduction or other processing is not permitted without the express permission of TSS.

1 7. Disclaimer

For all hyperlinks that refer to other sites, TSS expressly declares that TSS has no influence on the content and design of the linked sites. TSS expressly distances itself from all content of the linked sites and does not adopt the respective content as its own.

This disclaimer applies to all links displayed and the contents of the linked pages.

1 8. Data protection

Your personal data that you provide to us as part of the business relationship in the online shop will only be processed in accordance with our data protection regulations and in accordance with the requirements of the GDPR. You can view and print out the data protection regulations at https://thescottish.shop/policies/privacy-policy.

19. Final provision

Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.

2 0. Provider information

thescottish.shop

Lindenstrasse 13

15566 Schöneiche near Berlin Germany

Phone: +49 (0) 170 899 2171

Email: craig.stevenson[at]thescottish.shop

URL: www.thescottish.shop

Owner, Managing Director: Craig Stevenson

VAT identification number: DE329030471