Terms of service

General Terms and Conditions with Customer Information

Table of Contents

1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Retention of Title
7. Liability for Defects (Warranty)
8. Special Terms for Processing Goods According to Customer Specifications
9. Redemption of Promotional Vouchers
10. Redemption of Gift Vouchers
11. Applicable Law
12. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "Terms") of Selina Klingebiel, trading as "Spitzstock" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or business customer (hereinafter "Customer") enters into with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 For contracts regarding the delivery of vouchers, these Terms apply accordingly, unless expressly provided otherwise.

1.3 A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. A business customer within the meaning of these Terms is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their trade, business, or profession.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but rather serve to invite the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process. The Customer may also submit the offer to the Seller by email, mail, or via an online contact form.

2.3 The Seller may accept the Customer's offer within five days by:

• sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Customer is decisive, or
• delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
• requesting payment from the Customer after the Customer has placed their order.

If several of the aforementioned alternatives apply, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends at the expiration of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the effect that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing takes place via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or – if the Customer does not have a PayPal account – subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a PayPal payment method selectable during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the moment the Customer clicks the button that concludes the ordering process.

2.5 When an offer is submitted via the Seller's online order form, the text of the contract is stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer's order has been submitted. The Seller does not make the text of the contract accessible beyond this.

2.6 Before bindingly submitting the order via the Seller's online order form, the Customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors may be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries within the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 German and English are available for the conclusion of the contract.

2.8 Order processing and contact generally take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is accurate, so that emails sent by the Seller can be received at that address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal instructions.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the stated prices are total prices that include statutory value-added tax, provided that delivery takes place within the European Union. For deliveries to countries outside the European Union (e.g., to the USA), delivery is exempt from value-added tax; instead, country-specific import duties, tariffs, or taxes may apply, which are to be borne by the Customer. Further information on this can be found in the Seller's shipping information. Any additional delivery and shipping costs that may apply are stated separately in the respective product description.

4.2 The available payment method(s) will be communicated to the Customer in the Seller's online shop.

4.3 If payment in advance by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.4 If the "SOFORT" payment method is selected, payment processing takes place via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to pay the invoice amount via "SOFORT," the Customer must have an online banking account enabled for participation in "SOFORT," must identify themselves accordingly during the payment process, and must confirm the payment instruction to "SOFORT." The payment transaction is carried out immediately thereafter by "SOFORT" and the Customer's bank account is debited. Further information on the "SOFORT" payment method can be found online at https://www.klarna.com/sofort/.

4.5 If a payment method offered via the "Shopify Payments" payment service is selected, payment processing takes place via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller's online shop. Stripe may use additional payment services to process payments, which may be subject to special payment terms that the Customer will be notified of separately, if applicable. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Terms

5.1 Delivery of goods takes place by shipment to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the handling of the transaction. Notwithstanding this, if PayPal is selected as the payment method, the delivery address stored by the Customer with PayPal at the time of payment shall be decisive.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of shipping if the Customer effectively exercises their right of withdrawal. For return shipping costs, the provisions set out in the Seller's withdrawal instructions shall apply in the event of effective exercise of the right of withdrawal by the Customer.

5.3 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not the Seller's responsibility and the Seller has concluded a specific hedging transaction with the supplier with the requisite care. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and any consideration already paid will be refunded immediately.

5.4 In the case of self-collection, the Seller will first inform the Customer by email that the ordered goods are ready for collection. After receiving this email, the Customer can collect the goods, by arrangement with the Seller, at the Seller's business premises. In this case, no shipping costs will be charged.

5.5 Vouchers are provided to the Customer as follows:

• by download
• by email
• by mail

6) Retention of Title

If the Seller provides advance performance, the Seller retains title to the delivered goods until full payment of the purchase price owed.

7) Liability for Defects (Warranty)

7.1 If the item purchased is defective, the statutory provisions on liability for defects apply.

7.2 Notwithstanding this, the following applies to used goods: claims for defects are excluded if the defect occurs after the expiration of one year from delivery of the goods. Defects that occur within one year of delivery of the goods may be asserted within the statutory limitation period. However, the reduction of the liability period to one year does not apply

• to items that have been used in accordance with their customary use for a building and have caused the defectiveness thereof,
• to claims for damages and reimbursement of expenses by the Customer, or
• in the event that the Seller has fraudulently concealed the defect.

7.3 If the Customer acts as a consumer, they are requested to complain to the carrier about goods delivered with obvious transport damage and to notify the Seller thereof. Failure by the Customer to do so has no effect on their statutory or contractual claims for defects.

8) Special Terms for Processing Goods According to Customer Specifications

8.1 If, according to the content of the contract, the Seller owes not only the delivery of goods but also the processing of the goods according to specific customer requirements, the Customer must provide the Seller with all content required for processing, such as text, images, or graphics, in the file formats, formatting, and image and file sizes specified by the Seller, and must grant the Seller the necessary usage rights. The Customer is solely responsible for procuring and acquiring the rights to this content. The Customer declares and assumes responsibility for having the right to use the content provided to the Seller. In particular, the Customer shall ensure that no third-party rights are infringed as a result, in particular copyright, trademark, and personal rights.

8.2 The Customer shall indemnify the Seller against third-party claims that may be asserted against the Seller in connection with an infringement of their rights through the Seller's contractual use of the Customer's content. The Customer shall also bear the reasonable costs of the necessary legal defense, including all court and attorney's fees at the statutory rate. This does not apply if the Customer is not responsible for the infringement. In the event of a claim by a third party, the Customer is obligated to provide the Seller immediately, truthfully, and completely with all information required to examine the claims and to defend against them.

8.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates statutory or official prohibitions or public morals. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, insulting, harmful to minors, and/or glorifying violence.

9) Redemption of Promotional Vouchers

9.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific validity period, and which cannot be purchased by the Customer (hereinafter "Promotional Vouchers"), can only be redeemed in the Seller's online shop and only within the specified period.

9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the Promotional Voucher.

9.3 Promotional Vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

9.4 Only one Promotional Voucher can be redeemed per order.

9.5 The value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.

9.6 If the value of the Promotional Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to pay the difference.

9.7 The credit balance of a Promotional Voucher will not be paid out in cash or accrue interest.

9.8 The Promotional Voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the Promotional Voucher as part of their statutory right of withdrawal.

9.9 The Promotional Voucher is intended for use only by the person named on it. Transfer of the Promotional Voucher to third parties is excluded. The Seller is entitled, but not obligated, to verify the material entitlement of the respective voucher holder.

10) Redemption of Gift Vouchers

10.1 Vouchers that can be purchased via the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated on the voucher.

10.2 Gift Vouchers and remaining credit from Gift Vouchers can be redeemed until the end of the third year following the year of purchase of the voucher. Remaining credit will be credited to the Customer until the expiration date.

10.3 Gift Vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

10.4 Only one Gift Voucher can be redeemed per order.

10.5 Gift Vouchers can only be used for the purchase of goods and not for the purchase of additional Gift Vouchers.

10.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to pay the difference.

10.7 The credit balance of a Gift Voucher will not be paid out in cash or accrue interest.

10.8 The Gift Voucher is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the Gift Voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent lack of knowledge of the unauthorized status, legal incapacity, or lack of authority to represent of the respective holder.

11) Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence. For customers residing outside the European Union, particularly in the USA, mandatory consumer protection provisions of the respective state of residence may additionally apply, and remain unaffected by this choice of law.

12) Alternative Dispute Resolution

12.1 The EU Commission provides a platform for online dispute resolution, available at: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. This provision applies exclusively to consumers with habitual residence in the European Union.

12.2 The Seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.