Terms & Conditions
Terms of Use
Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the scolak.com website (the "Service") operated by Scolak LLC ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Scope
1.1 These General Terms & Conditions of Scolak LLC shall apply to all contracts with customers regarding digital content, digital goods, and non-digital goods (collectively "Goods"). Services offered by Scolak are exclusively ancillary to those purchases. Differing or additional terms from customers require explicit written consent.
1.2 These terms apply to both consumers and entrepreneurs. Any distinctions will be clearly stated.
1.3 These terms also apply to future contracts with entrepreneurs.
1.4 "Digital contents" refer to all non-physical digital services except downloadable goods and keys.
1.5 "Digital Goods" are downloadable software products.
1.6 "Non-digital Goods" are software or products distributed physically.
1.7 Scolak operates an online store and also sells via third-party marketplaces (e.g., eBay, Rakuten).
1.8 By placing an order, you accept these terms.
Contract Conclusion
2.1 Orders placed via the online shop are offers, not final contracts. Prices and product descriptions are not binding offers.
2.2 Orders via third-party marketplaces become binding upon submission.
2.3 Users should check for errors before submitting their order, using browser zoom or standard keyboard/mouse functions.
2.4 Confirmation emails do not imply acceptance unless followed by one of the conditions in 2.5.
2.5 A contract is finalized when: a) Goods are delivered, b) payment is requested after order, including prepayment options.
2.6 If not accepted within 5 days, the offer expires.
2.7 The contract language is English.
2.8 The customer must ensure valid email delivery from scolak.
Subject of the Contract
3.1 Scolak provides goods and related ancillary services.
3.2 For physical goods, the product description on the site or marketplace applies. Software on physical media comes with a license and documentation.
3.3 For digital goods: a) Software purchases include a downloadable file and documentation. b) Software leasing provides temporary access and documentation.
3.4 Digital content is governed by provider-specific usage rules, and usage begins only after full payment.
3.5 Any services are secondary to product sales and require separate arrangements.
3.6 Delivery terms are specified in clause 9.
3.7 If the customer delays or obstructs service (e.g., missing files or cooperation), Scolak may charge extra fees.
3.8 For entrepreneurs, timely and proper self-supply is not guaranteed unless Scolak is at fault.
Granting of Rights for Delivery of Software
4.1 Applies only to software purchases.
4.2 Upon full payment, the customer receives a non-exclusive, non-transferable, permanent right to use the software. Use is limited to the number of licenses purchased. No redistribution, public sharing, or sublicensing is allowed.
4.3 Backup copies are permitted if needed.
4.4 Decompilation is only allowed under legal conditions, and only if Scolak does not provide the necessary information upon request.
4.5 The customer may permanently transfer the software only under legal rights and conditions.
4.6 If the Customer uses the software beyond the right acquired in terms of quality or quantity, the Customer must acquire further licenses without undue delay or risk Scolak enforcement of its rights.
4.7 Copyright notices, serial numbers, and other identifying features must not be removed or altered.
Granting of Rights for Temporary Provision of Software
5.1 This section applies only to contracts for temporary provision under 3.3 b).
5.2 Upon full payment, the Customer receives a non-exclusive, non-transferable, non-sub-licensable right to use the software for the contract term. Details are in the Scolak Online Shop or marketplace. Use includes installation, loading into RAM, and authorized use by the Customer. No sub-licensing, public reproduction, or third-party provision is permitted.
5.3 The Customer may make a backup copy if necessary for future use.
5.4 Decompilation or reproduction beyond allowed cases is only as legally permitted and if Scolak does not provide information upon request.
5.5 Reproduction is not otherwise allowed.
5.6 Transfer to third parties is prohibited; no reselling, lending, leasing, sublicensing, or public sharing is allowed.
5.7 Breaches of these terms result in use rights being revoked and immediate cessation of use, including deletion or return of all software copies and backups.
Customer's Obligations
6.1 The Customer must secure goods against unauthorized access, particularly all digital content copies.
6.2 The Customer must name a contract point of contact (for entrepreneurs only).
6.3 The Customer must provide all contractually necessary information and documents, except consumers.
6.4 The Customer undertakes to assist Scolak with all required information and preparations for proper contract implementation.
Right of Revocation
7.1 Consumers have a right of revocation.
7.2 Detailed instructions are available at Refund and Returns or on the relevant marketplace.
Prices and Payment Terms
8.1 Unless otherwise stated, all prices include VAT. Shipping costs will be stated separately.
8.2 Deliveries outside the European Union may result in extra charges (e.g., bank or customs fees) for which the Customer is responsible.
8.3 Payment options are shown in the Scolak Online Shop or marketplace.
8.4 For bank transfers, payment is due immediately unless agreed otherwise.
8.5 PayPal payments are subject to PayPal terms.
8.6 SOFORT bank transfer payments are subject to SOFORT terms and require a PIN/TAN-enabled bank account.
8.7 Invoice payments are due within 7 days of delivery unless stated otherwise.
8.8 SEPA direct debit is taken after mandate is granted and advance information is sent. Failed collections for insufficient funds result in Customer-borne bank fees.
8.9 Credit card payments are debited upon order completion.
8.10 Amazon Pay payments are handled as per Amazon Pay terms.
8.11 Klarna payments are subject to Klarna's terms.
8.12 Offsetting claims is only possible if recognized or legally determined. The right of retention is similarly limited.
8.13 Default on payment may result in interest, dunning costs, and collection or legal fees, except for consumers where legal limits apply.
8.14 Non-Italian customers may purchase at net price if VAT ID is provided on order placement.
Delivery & Shipping Terms
9.1 Unless otherwise agreed, goods are delivered to the address provided by the customer during the ordering process.
9.2 If goods are returned due to unsuccessful delivery and the Customer is responsible, costs are borne by the Customer unless right of revocation is exercised.
9.3 Self-collection is not available.
9.4 Digital content is delivered via download link. Product keys are sent by email.
Retention of Title
10.1 Legal title of non-digital goods remains with Scolak until full payment is received.
10.2 Customers must handle goods with care and safeguard Scolak ownership appropriately (except for consumers).
10.3 Customers must notify Scolak promptly about third-party interventions with goods.
10.4 Customers may resell but not pledge or assign goods. Claims from resale are assigned to Scolak up to the invoice amount to secure claims. Right to collect remains unless payment obligations are breached.
10.5 If combined or mixed with other goods, co-title is transferred to Scolak proportionate to value, and resale proceeds are likewise assigned (not applicable to consumers).
10.6 If used in manufacturing new items, Scolak retains a proportionate interest as above.
10.7 Excess securities (>20% above amount owed) must be released by Scolak upon request.
Warranty for Certain Contracts
11.1, 12.1 Warranty terms apply as specified in clauses 3.2, 3.3 a), 3.3 b), and respective sections above.
11.2 Warranty claim limits and claim exclusions for non-consumer contracts are as per statutory law, with limitations for used goods noted. No warranty for minor deviations, normal wear, misuse, or external conditions.
11.5 Merchants have duties to inspect and report defects.
11.7-11.14 Lists circumstances and limitations, including the outlined process for remedy and claim assertion, time limits, and exceptions for health and personal injury.
100% Money-Back Guarantee
Applies for 3 years from invoice unless product term is shorter. Full refund given on written confirmation that the product is not in use and not transferred, minus proof of purchase. Processing time is up to 14 days. See Refund & Returns for details.
Liability for Other Breaches
Liability is limited as defined above, except for injuries to life, limb or health, willful misconduct, and gross negligence.
Scolak does not take liability for data loss related to services. Customers are solely responsible for their data backup.
Product liability claims remain unaffected.
Redemption of Campaign Vouchers
Campaign vouchers from Scolak can be redeemed only in the indicated manner and within validity periods. Only one per order. No cash value or payout. Remaining credit is not refunded for partial use. Vouchers are transferable unless holder is shown to lack entitlement.
Naming as Reference
Entrepreneur customers consent to Scolak naming their company as reference unless consent is revoked. This includes the company name and trademark in publications and social media.
Final Provisions
Assignment of contract rights is only possible with scolak's written consent. German law applies exclusively except where mandatory consumer protection laws of another jurisdiction apply. Place of jurisdiction is Scolak headquarters for business customers. Consumers can access the EU online dispute resolution platform at this link. Scolak is generally willing, but not obliged, to participate in consumer dispute resolution bodies.
Contact Us
Address: 32-33 47th Ave, Long Island City, NY 11101
Phone: (332) 378-6186
Email : Contact@scolak.com
Hours: Monday to Sunday, 9:00 AM to 5:00 PM (GMT-05:00) Eastern Time (New York)
