1.1. spottle GmbH is a limited liability company based in Salzburg, entered in the commercial register of the SALZBURG COUNTY COURT under FN 527653 k and operates an online shop on the website www.myspottle.com. These General Terms and Conditions ("GTC") apply to all orders that the customer (the "Customer", spottle GmbH and the customer together the "Contractual Parties") place via the online shop of spottle GmbH, in each case in the at the time version valid for the order. If the customer is an entrepreneur, these GTC also apply to orders by telephone, e-mail, order form or direct sales.
2. Conclusion of contract
2.1. By clicking the "Buy" button, the customer makes a binding offer to conclude a contract with spottle GmbH. The acceptance of this offer and thus the conclusion of the contract takes place by sending an order confirmation to the customer by e-mail to the e-mail address provided by the customer. Spottle GmbH reserves the right to request proof of the customer's identity and creditworthiness before accepting an order. Any offers by spottle GmbH to conclude a contract are subject to change and non-binding and merely represent an invitation to the customer to place an order.
3. Prices and terms of payment
3.1. Unless otherwise agreed, the prices shown on the spottle GmbH website at www.myspottle.com including statutory sales tax will be charged. Shipping costs are not included in the quoted price; these are additional.
3.2. Should export or import duties or other duties related to the dispatch of the product become due in the course of dispatch, these shall be borne by the customer.
3.3. The customer can choose from the payment methods available in the online shop as part of and before completing the ordering process. If the customer is an entrepreneur, payment by invoice is also possible.
3.4. If payment by invoice is possible, payment must be made before the goods are shipped; unless otherwise agreed with spottle GmbH.
3.5. If the customer is in default of payment, spottle GmbH is entitled to charge default interest of 9% pa from the respective due date. If the customer is an entrepreneur, if the customer defaults in payment, default interest of 9.2% pa above the base interest rate last announced by the European Central Bank will be charged from the respective due date.
3.6. Furthermore, in the event of default in payment, the customer undertakes to reimburse spottle GmbH for the dunning and collection expenses incurred, insofar as they are necessary for appropriate legal prosecution and are in reasonable proportion to the claim made. The assertion of further rights and claims remains unaffected.
4. Terms of delivery and shipping costs
4.1. Delivery time: 2-3 working days. Exceptions to this are goods for Entrepreneurs and goods that are made to customer specifications or are clearly tailored to personal needs.
4.2. The ordered goods will be delivered by spottle GmbH to the delivery address specified by the customer using a standard shipping method of your choice.
4.3. The cost of sending the goods to the delivery address provided by the customer will be charged in addition to the price of the goods. From a purchase value of EUR 35 including statutory sales tax, no costs for the dispatch of the goods will be charged. This does not apply to shipments to entrepreneurs.
4.4. The goods are shipped at the risk of the customer. If the customer is a consumer, the risk of loss or damage to the goods passes to the customer upon delivery of the goods to the customer or to a third party designated by the customer. If the customer, who is a consumer, has concluded the contract of carriage himself without using a type of shipment suggested by spottle GmbH, the risk passes to the carrier as soon as the goods are handed over.
5. Extended Retention of Title
The goods remain the property of spottle GmbH until full payment has been made. Resale is only permitted if spottle GmbH has been notified of this in good time in advance, stating the name or company and the exact address of the customer, and if spottle GmbH agrees to the sale.
6.1. The statutory warranty provisions apply.
6.2. The warranty is excluded for defects caused by the customer. This is particularly the case with improper handling.
6.3. If the customer is an entrepreneur, point 6.1 applies. and 6.2. of these terms and conditions with the following deviations:
6.3.1. It is the customer's responsibility to examine any defects in the goods immediately upon receipt. Spottle GmbH must also be notified of any defects found in this way immediately, at the latest within 7 days of receipt, in writing with a description of the defect. Hidden defects must be reported immediately after their discovery. If a notice of defects is not raised or not raised in time, the goods are deemed to have been approved and accepted, which means that the assertion of warranty and damage claims as well as the right to contest errors due to defects is excluded. The presumption of § 924 ABGB is excluded.
6.3.2. Spottle GmbH reserves the right to fulfill the warranty claim through improvement, exchange, price reduction or conversion at its own discretion.
7.1. spottle GmbH is liable to customers who are consumers if damage was caused intentionally or through gross negligence. The liability of spottle GmbH for slight negligence is excluded - with the exception of personal injury.
7.2. To the extent permitted by law, spottle GmbH is only liable to customers who are entrepreneurs, regardless of the legal reason, if damage was caused by spottle GmbH through gross negligence or intent. The liability of spottle GmbH for slight negligence is excluded to the extent permitted by law. Liability for personal injury remains unaffected.
7.3. To the extent permitted by law, spottle GmbH's liability towards customers who are entrepreneurs is limited to the purchase price of the products purchased by them.
7.4. spottle GmbH excludes any liability towards customers who are entrepreneurs for indirect damage, loss of profit, loss of interest, missed savings, consequential damage and financial loss or damage from third-party claims.
7.5. Force majeure, labor conflicts, natural disasters and other circumstances beyond spottle GmbH's control or reasons for which spottle GmbH is not responsible and which delay the fulfillment of a contract are not the responsibility of spottle GmbH under any circumstances.
7.6. If the customer is an entrepreneur, claims for damages by the customer can only be asserted in court within six months of becoming aware of the damage and the damaging party, but no later than within three years of the event giving rise to the claim.
8. Right of Withdrawal for Consumers
Customers who are consumers within the meaning of the Consumer Protection Act ( "KSchG") are entitled to the following right of withdrawal:
8.1. The customer has the right to revoke the contract within fourteen days without giving reasons.
8.2. The cancellation period is fourteen days from the day (in the case of a purchase contract) on which the customer or a third party named by him who is not the carrier took possession of the goods.
8.3. In order to exercise the right of cancellation, the customer must send a clear declaration (e.g. by means of a letter sent by post or e-mail) to spottle GmbH to spottle GmbH in Halleiner Landesstr. 53/1, 5061 Elsbethen in Austria (Tel.: 0043 662 62 78 30) or by email to: email@example.com. The customer can use the model form (see below) or another clear declaration for the revocation.
8.4. To meet the cancellation deadline, it is sufficient for the customer to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.
8.5. If the customer revokes the contract, spottle GmbH must reimburse the customer for all payments that spottle GmbH has received from the customer immediately and at the latest within fourteen days from the day on which spottle GmbH received notification of the revocation of the contract . For this repayment, spottle GmbH uses 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 a fee for this repayment.
8.6. spottle GmbH can refuse repayment until spottle GmbH has received the goods back or until the customer has provided proof that he has returned the goods, whichever is earlier. The customer must send the goods to the following address without undue delay and in any case no later than fourteen days from the day on which the customer informed spottle GmbH of the cancellation of this contract:
- For Germany:
LKV Logistics GmbH
ZSP Bad Reichenhall
At power station 7
83435 Bad Reichenhall
- For Austria:
LKV Logistics GmbH
to be returned or handed over. The deadline is met if the customer sends the goods before the period of fourteen days has expired. The customer bears the direct costs of returning the goods. The customer only has to pay for any loss in value of the goods if this loss in value is due to the handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
8.7. Sample cancellation form
If the contract is to be revoked, we ask that you fill out the following form and then send it to spottle GmbH.
Address: spottle GmbH, Halleiner Landesstr. 53/1, 5061 Elsbethen, Austria or by email to: firstname.lastname@example.org
I* / we* hereby revoke
that of me* / us*
concluded contract for the purchase of the following goods* / the provision of the following service*:
Ordered on* ____________ / received on* __________________
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if notification is on paper)
* Please cross out what is not applicable
Click here for the cancellation form in PDF
8.8. Exceptions to the right of withdrawal: There is no right of withdrawal for goods that are manufactured to customer specifications or are clearly tailored to personal needs. In addition, there is no right of withdrawal for goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery.
10. Governing Law and Jurisdiction
10.1. Austrian law applies exclusively, excluding the UN sales law and the reference standards of international private law. This choice of law only applies to consumers insofar as this does not withdraw the protection granted by the mandatory provisions of the law of the state of the consumer's habitual residence.
10.2. For all disputes arising from or in connection with these GTC or all legal relationships between spottle GmbH and its customers, the contracting parties agree on the exclusive jurisdiction of the competent court in Salzburg. One of the courts in whose district the customer has his residence, habitual residence or place of employment is responsible for all lawsuits brought against a consumer who has his residence, habitual residence or place of employment in Germany due to disputes arising from the contractual relationship. responsible. The statutory places of jurisdiction apply to consumers who are not resident in Austria at the time the contract is concluded.
11. Final Provisions
11.1. Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the remaining content of the General Terms and Conditions. The ineffective provision is to be replaced by an effective provision that is legally valid and comes closest to the economic purpose of the legally ineffective provision.
11.2. Changes, supplements and ancillary agreements to these General Terms and Conditions must be made in writing to be effective. This also applies to the agreement to deviate from this formal requirement. In the event of contradictions between these GTC and deviating written agreements between the contracting parties, the provisions of the deviating agreements shall take precedence.
12. Method of payment Klarna (Available soon!)
- Immediately: Your account will be debited immediately after placing the order.
- Direct debit: The debit takes place after the goods have been shipped. You will be informed of the time by email.
The satisfaction guarantee has no influence on the statutory right of withdrawal, and the satisfaction guarantee is also not related to that statutory right of withdrawal. Spottle GmbH is the sole judge of when and to what extent the satisfaction guarantee applies. It is not possible to request a refund of the purchase price already paid from spottle GmbH by the consumer relying on the Satisfaction guarantee without first providing sufficient evidence in the form of photos or the return of the damaged product to spottle GmbH. Entrepreneurs are not entitled to the satisfaction guarantee.
14 Platform of the EU Commission for online dispute resolution in accordance with Art. 14 Para. 1 ODR-VO
The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/ . We are willing to participate in an out-of-court arbitration process.