Terms and conditions

Content

1. Scope
2. Conclusion of the contract
3. Right of cancellation
4. Prices and terms of payment
5. Delivery and shipping terms
6. Reservation of title
7. Liability for defects (warranty)
8. Special conditions for the processing of goods according to customer specifications
9. Redeeming campaign vouchers
10. Redeeming gift vouchers
11. Applicable law
12. Place of jurisdiction
13. Code of conduct
14. Alternative dispute resolution 

1) Scope 

1.1 These Terms and Conditions (“T&C”) of mySPOTTi GmbH (“Vendor”) apply to any contracts on the delivery of goods concluded by a consumer or entrepreneur (“Customer”) with regard to goods displayed by the Vendor in its online shop. The Vendor herewith objects to the inclusion of customer conditions unless agreed otherwise. 

1.2 These T&C also apply to contracts on the delivery of vouchers, unless expressly agreed otherwise. 

1.3. Within the meaning of these T&C, a consumer is a natural person that concludes a transaction for purposes that can predominantly neither be allocated to its commercial nor independent professional activity. Within the meaning of these T&C, an entrepreneur is a natural person or legal entity or a partnership of legal capacity that concludes a transaction in the course of its commercial or independent professional activity. 

2) Conclusion of contracts 

2.1 The product descriptions in the online shop do not represent binding offers on the Vendor’s part but instead are intended to allow the Customer to submit a binding offer. 

2.2 The Customer may submit said offer via the online order form that has been integrated into the online shop of the Vendor. Once the Customer has placed the selected goods into the shopping cart and has undergone the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods in its shopping cart by clicking the button that concludes the ordering process. The Customer may furthermore submit its offer to the Vendor via phone, fax, email or post or via the online contact form. 

2.3 The Vendor may accept the Customer’s offer within five days 

• by sending the customer an order confirmation in writing or in text form (fax or email), whereby the receipt of the order confirmation by the Customer is authoritative; or
• by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is authoritative; or
• by requesting payment from the Customer once the Customer has submitted its order. 

If several of the aforementioned alternatives are used, the Contract will come into effect at the time at which one of the aforementioned alternatives first occurs. The deadline for the acceptance of the offer begins on the day after the Customer has submitted its offer and ends at the end of the fifth day following the submission of the offer. If the Vendor does not accept the Customer’s offer within the aforementioned period, the offer will be considered rejected; as a result, the Customer will no longer be bound to its declaration of intent. 

2.4 When an offer is submitted via the Vendor’s online order form, the contract will be stored by the Vendor and sent to the Customer along with the T&C at hand, in text form (e.g. email, fax or letter), after the Customer has submitted its order. The contract will also be archived on the Vendor’s Internet page and may be accessed by the Customer at no extra cost via the Customer’s password-protected customer account by entering the corresponding login data, provided the Customer has created a customer account in the Vendor’s online shop prior to submitting its order. 

2.5 Prior to the binding submission of its order via the Vendor’s online order form, the Customer will be able to identify possible entry errors by reading the information displayed on the screen carefully. Here, the browser’s zoom function is an effective technological means of improving the identification of entry errors. Using said function enables the Customer to enlarge the information displayed on the screen. During the electronic ordering process, the Customer can correct its entries using the usual keyboard and mouse functions until it clicks on the button that concludes the order process. 

2.6 Contracts will be concluded exclusively in the German language. 

2.7 As a rule, orders will be handled via email and automated order handling processes; the same applies to the establishment of contact. The Customer will ensure that the email address provided for the order handling process is correct so that it can receive emails sent to this address by the Vendor. When using SPAM filters in particular, the Customer will ensure that it can receive any emails sent by the Vendor or by third parties the Vendor has commissioned to handle orders. 

3) Right of cancellation 

3.1 On principle, consumers have right of cancellation. 

3.2 For information on the right of cancellation, please refer to the Vendor’s Cancellation Policy. 

3.3 The right of cancellation does not apply to consumers that do not belong to a Member State of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are located outside the European Union at the time of the conclusion of the contract. 

4) Prices and terms of payment 

4.1 Unless otherwise specified in the product description provided by the Vendor, indicated prices are total prices that contain statutory value-added tax. If applicable, additional costs for delivery and shipping will be indicated separately in the respective product description. 

4.2. If deliveries are made to countries outside the European Union, additional costs may occur for which the Vendor is not responsible and which the Customer must bear. These include, for example, costs for transferring funds through banking institutes (e.g. transfer fees, exchange fees) or fees and/or taxes in accordance with import law (e.g. custom duties). With regard to the transfer of funds, said costs may also occur if goods are delivered to a country within the European Union but payment is made by the Customer from a country outside the European Union. 

4.3 The Customer will be informed of the payment options in the Vendor’s online shop. 

4.4 When making payments via a payment option provided by PayPal, payment is handled by payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”). Said payments are subject to PayPal’s User Agreement, which can be accessed at https://www.paypal.com/uk/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – are subject to the Terms for Payments without a PayPal account, which can be accessed at https://www.paypal.com/uk/webapps/mpp/ua/guest-tnc. 

4.5 When the “PayPal Bank Transfer” option is selected, PayPal will withdraw the invoice amount from the Customer’s bank account once the SEPA Direct Debit Mandate has been issued, however not before the period for pre-notification on behalf of the Vendor has lapsed. Pre-notification is any notification (e.g. invoice, policy, contract) sent to the Customer that announces a charge via SEPA Direct Debit. If the direct debit cannot be met due to insufficient funds or due to incorrect account information or if the Customer objects to the withdrawal even though it is not entitled to do so, the Customer will bear the costs incurred by the reversing entry of the respective banking institute, if the Customer is responsible. 

5) Delivery and shipping terms 

5.1 Goods will be delivered by post to the address specified by the Customer, unless agreed otherwise. When handling the transaction, the delivery address specified in the Vendor’s order handling system is authoritative. Notwithstanding the above, if PayPal has been selected as a method of payment, the delivery address stored by the Customer with PayPal at the time of payment is authoritative. 

5.2 Goods that are delivered by carrier will be delivered “to the kerbside”, meaning to the public kerbside closest to the delivery address, unless otherwise specified in the delivery information provided in the Vendor’s online shop and unless agreed otherwise. 

5.3 If the transport company is unable to deliver the goods to the Customer and thus returns the shipped goods to the Vendor, the Customer will bear the costs for said unsuccessful shipping. This does not apply if the Customer is not responsible for the conditions that led to the impossibility of the delivery or if the Customer was temporarily prevented from accepting the offered service, unless the Vendor had informed the Customer of the service an appropriate time in advance. Furthermore, this does not apply to costs incurred when shipping the goods to the Customer if the Customer effectively exercises its right to cancellation. If the Customer effectively exercises its right to cancellation, the regulation on costs for returns as stated in the Vendor’s Cancellation Policy will apply. 

5.4 When goods are collected by the Customer, the Vendor will first inform the Customer that the goods the Customer has ordered are now ready for collection. Once the Customer has received this email, the Customer may collect the goods at the Vendor’s headquarters after prior agreement with the Vendor. In this case, no shipping costs will be charged. 

5.5 Vouchers will be submitted to the customer as follows: 

• via email
• via post 

6) Reservation of titl

If the Vendor pays in advance, it reserves the right of title to the delivered goods until the purchase price owed has been paid in full. 

7) Liability for defects (warranty) 

7.1 If purchased goods are defective, statutory regulations for liability for defects apply. 

7.2 Notwithstanding the above, the following applies to used goods: Liabilities for defects are excluded if the defect occurs after a period of one year as of the delivery of the goods has lapsed. Defects that occur within one year as of the delivery of the goods may be asserted within the legal statute of limitations. However, the reduced period of liability of one year does not apply 

• to articles that have been used for their intended purpose in a building structure and have caused said building to be defective;
• to compensation claims and reimbursement of expenses claims of the Customer; as well as
• in the event that the Vendor maliciously concealed the defect. 

7.3 If delivered goods exhibit damages that have obviously occurred during transport, the Customer is requested to make a complaint to the deliverer and to inform the Vendor of said complaint. If the Customer fails to do so, this will not effect its legal or contractual liabilities for defects. 

8) Special conditions for the processing of goods according to customer specifications 

8.1 If the content of the Contract specifies that, besides delivering the goods, the Vendor is also responsible for processing the goods according to customer specifications, the Customer will provide the operator with any content required for processing, such as copy, images or graphics, in the file formats, formats and image and file sizes specified by the operator and to grant the operator the necessary rights of use. The Customer is solely responsible for acquiring the content and the rights to said content. The Customer declares and assumes responsibility for ensuring that is has the right to use the content submitted to the Vendor. In particular, the Customer will ensure that no third-party rights are infringed through said use, particularly copyright, trademark and personal rights. 

8.2 The Customer will exempt the Vendor from third-party claims that said third parties may assert in connection with an infringement of their rights due to the Vendor’s use of the content provided by the Customer in accordance with this contract. Hereby, the Customer will bear the appropriate costs for necessary legal defence including any court and counsel fees at the statutorily defined rates. This does not apply if the Customer is not responsible for said infringement. In the event of a third-party claim, the Customer agrees to immediately provide the Vendor with the truthful and complete information required to review the claim and for defence. 

8.3 The Vendor reserves the right to reject processing orders if the content submitted by the Customer infringes legal or official prohibitions or violates social standards. This particularly applies to the submission of anti-constitutional, racist, xenophobic, discriminating, insulting content and/or content that is harmful to young persons and/or glorifies violence. 

9) Redeeming campaign vouchers 

9.1 Vouchers that have been issued by the Vendor free of charge as part of an advertising campaign and that have a specific period of validity and that cannot be purchased by customers (“Campaign Vouchers”) can only be redeemed in the Vendor’s online shop and only during the specified period. 

9.2 Individual products may be excluded from the voucher campaign if a corresponding limitation arises from the content of the Campaign Voucher. 

9.3 Campaign Vouchers may only be redeemed prior to concluding the ordering process. Subsequent offsetting is not possible. 

9.4 Only one Campaign Voucher may be redeemed per order. 

9.5 The value of the goods must at least correspond to the value of the Campaign Voucher. The Vendor will not reimburse the Customer for any remaining credit. 

9.6 If the value of the Campaign Voucher is insufficient to cover the order, one of the other payment options offered by the Vendor may be selected to settle the difference. 

9.7 Campaign Voucher credit will not be paid out in cash nor will interest be paid on said credit. 

9.8 The Vendor will not reimburse the Customer for a Campaign Voucher if the Customer returns goods that have been paid either in part or in full with said Campaign Voucher when exercising its statutory right of cancellation. 

9.9 Campaign Vouchers are only intended for use by the person named thereon. A transfer of Campaign Vouchers to third parties is excluded. The Vendor is entitled, but not obliged, to review the material eligibility of the respective voucher holder. 

10) Redeeming gift vouchers 

10.1 Vouchers that can be purchased via the Vendor’s online shop (“Gift Vouchers”) may only be redeemed in the Vendor’s online shop, unless otherwise specified on the voucher. 

10.2 Gift Vouchers and remaining credit on Gift Vouchers must be redeemed by the end of the third year as of the year of the purchase of the Voucher. Remaining credit will be credited to the Customer’s account until the date of expiration. 

10.3 Gift Vouchers may only be redeemed prior to concluding the order process. Subsequent offsetting is not possible. 

10.4 Only one Gift Voucher may be redeemed per order. 

10.5 Gift Vouchers may only be used to purchase goods and may not be used to purchase further Gift Vouchers. 

10.6 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment options offered by the Vendor may be selected to settle the difference. 

10.7 Gift Voucher credit will not be paid out in cash nor will interest be paid on said credit. 

10.8 Gift Vouchers are transferable. The Vendor may discharge the respective holder that has redeemed the Gift Voucher in the Vendor’s online shop of its obligation. This does not apply if the Vendor has knowledge of or in the event of the Vendor’s grossly negligent ignorance of the non-entitlement, the legal incapacity or the lack of right of representation of the respective holder. 

11) Applicable law 

11.1 The law of the Federal Republic of Germany is applicable to all legal relations; laws on the international purchase of movable goods are excluded. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by imperative provisions of the law of the state in which the consumer has its usual residence. 

11.2 Furthermore, with regard to the statutory right of cancellation, this choice of law does not apply to consumers that do not belong to a Member State of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are located outside the European Union at the time of the conclusion of the contract. 

12) Place of jurisdiction 

If the Customer is a merchant, a legal entity under public law or a special fund under public law with registered offices in the sovereign territory of the Federal Republic of Germany, the registered offices of the Vendor are the exclusive place of jurisdiction for any disputes arising from this Contract. If the registered offices of the Customer are outside the sovereign territory of the Federal Republic of Germany, the registered offices of the Vendor are the exclusive place of jurisdiction for any disputes arising from this Contract if the Contract or claims arising from this Contract may be allocated to the professional or commercial activity of the Customer. In the aforementioned cases, however, the Vendor is always entitled to request a decision from the court at the registered offices of the Customer. 

13) Code of conduct 

The Vendor is compliant with the Trusted Shops quality criteria, which can be accessed online at https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_en.pdf 

14) Alternative dispute resolution 

The European Commission has provided a platform for the resolution of online disputes, which can be accessed at http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in dispute resolution procedures before a consumer arbitration body.