Terms of service
1. Scope of the General Terms and Conditions
1.1. spottle GmbH is a limited liability company based in Salzburg, registered in the commercial register of the REGIONAL COURT OF SALZBURG 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 placed by the customer (the "Customer"; spottle GmbH and the Customer together, the "Contracting Parties") via the online shop of spottle GmbH, each in the version valid at the time of the order. If the Customer is an entrepreneur, these GTC also apply to orders placed by phone, email, order form or direct sale.
1.2. These GTC apply to both consumers and entrepreneurs as defined in the Austrian Consumer Protection Act ("KSchG").
1.3. If these GTC refer to "consumers", this means natural persons for whom the purpose of ordering goods from the online shop cannot be attributed to a commercial, independent, or freelance professional activity, i.e. the transaction is not part of their business operations.
1.4. If these GTC refer to "entrepreneurs", this means natural or legal persons or legal partnerships for whom the transaction is part of their business operations. The distinction between consumer and entrepreneur is made in accordance with the KSchG.
1.5. spottle GmbH explicitly rejects deviating general terms and conditions of the Customer. Deviating or supplementary general terms and conditions of the Customer shall not become part of the contract, even if they are not expressly rejected. Deviations from these GTC, supplementary agreements, or any conflicting terms and conditions of the Customer are only valid if they are confirmed in writing by spottle GmbH.
1.6. The provisions of these GTC may be amended by spottle GmbH at any time without stating reasons, whereby such amendments shall be announced at least 30 days prior to their entry into force on the website www.myspottle.com and (if applicable) by sending the amended terms to the email address most recently provided by the Customer. If the Customer does not object to the changes within 30 days of receiving the notification in writing by email to support@spottle.net, the changes shall be deemed accepted. In the event of a timely objection by a Customer, the contractual relationship between that Customer and spottle GmbH shall continue under the GTC in the version prior to the announced change.
2. Conclusion of Contract
2.1. By clicking the "Buy" button, the Customer submits a binding offer to conclude a contract with spottle GmbH. Acceptance of this offer and thus conclusion of the contract takes place by sending an order confirmation to the Customer by email to the address provided. spottle GmbH reserves the right to request proof of identity and creditworthiness from the Customer before accepting an order. Any offers by spottle GmbH to conclude a contract are non-binding and merely constitute an invitation for the Customer to submit an order.
2.2. Customers who are entrepreneurs may also place their order by telephone, email, order form or direct sale. By placing the order through one of these channels, the Customer submits a binding offer to conclude a contract. Acceptance and thus conclusion of the contract takes place through the sending of an order confirmation by email. Otherwise, clause 2.1. applies.
3. Prices and Payment Terms
3.1. Unless otherwise agreed, the prices indicated on the website www.myspottle.com include statutory VAT. Shipping costs are not included in the price and are charged separately.
3.2. If export or import duties or other charges related to shipping become due, they shall be borne by the Customer.
3.3. The Customer may choose from the payment options available in the online shop before completing the order. For entrepreneurs, payment by invoice is also possible.
3.4. If payment by invoice is available, the payment must be made prior to shipment, unless otherwise agreed with spottle GmbH.
3.5. In case of late payment, spottle GmbH is entitled to charge interest on arrears of 9% p.a. If the Customer is an entrepreneur, interest on arrears of 9.2% p.a. above the base rate published by the European Central Bank will apply.
3.6. In the event of default, the Customer undertakes to reimburse spottle GmbH for all necessary and appropriate collection and reminder costs. Further legal claims remain unaffected.
4. Delivery Conditions and Shipping Costs
4.1. Delivery time: 2–7 working days. This does not apply to goods made to customer specifications or tailored to personal needs, and to deliveries to entrepreneurs.
4.2. The ordered goods will be shipped using a standard method chosen by spottle GmbH to the delivery address provided by the Customer.
4.3. Shipping costs are charged in addition to the product price. For orders over EUR 49 (including VAT), no shipping charges apply. This does not apply to shipments to entrepreneurs.
4.4. The risk of loss or damage passes to the Customer upon dispatch. For consumers, the risk passes only upon delivery. If the consumer arranges transport independently without using a method proposed by spottle GmbH, the risk transfers upon handover to the carrier.
5. Extended Retention of Title
The goods remain the property of spottle GmbH until full payment has been received. Resale is only permitted if spottle GmbH is informed in advance, including the name and address of the Customer, and agrees to the resale.
6. Warranty
6.1. Statutory warranty provisions apply.
6.2. Warranty is excluded for defects caused by the Customer, particularly through improper handling.
6.3. For entrepreneurs, the following deviations apply:
6.3.1. It is the entrepreneur’s responsibility to inspect goods immediately upon receipt and notify spottle GmbH in writing within 7 days of any defects. Hidden defects must be reported immediately upon discovery. Failure to do so results in forfeiture of warranty and compensation claims.
6.3.2. spottle GmbH may fulfill warranty claims at its discretion by repair, replacement, price reduction, or cancellation of the contract.
7. Liability
7.1. spottle GmbH is liable to consumers only for intent and gross negligence. Liability for slight negligence is excluded, except for personal injury.
7.2. For entrepreneurs, liability is limited to intent and gross negligence. Liability for slight negligence is excluded to the extent permitted by law. Personal injury liability remains unaffected.
7.3. Liability for entrepreneurs is limited to the purchase price of the product.
7.4. spottle GmbH is not liable for indirect or consequential damages, loss of profit, loss of interest, or third-party claims for entrepreneurs.
7.5. spottle GmbH is not liable for delays due to force majeure, labor disputes, natural disasters, or other circumstances beyond its control.
7.6. Damage claims by entrepreneurs must be asserted within six months of knowledge and no later than three years after the event.
8. Right of Withdrawal for Consumers
Consumers under the Austrian Consumer Protection Act are entitled to the following:
8.1. The Customer has the right to withdraw from the contract within 14 days without giving any reason.
8.2. The withdrawal period is 14 days from the day the Customer or a third party (not the carrier) takes possession of the goods.
8.3. To exercise the right of withdrawal, the Customer must inform spottle GmbH of the decision to withdraw by a clear declaration (e.g. letter or email). The declaration must be sent to:
spottle GmbH
Halleiner Landesstr. 53/1
5061 Elsbethen, Austria
Tel: +43 664 42 88 881
Email: support@spottle.net
A sample withdrawal form may be used but is not mandatory.
8.4. The deadline is met if the withdrawal notice is sent before the end of the 14-day period.
8.5. In case of withdrawal, spottle GmbH shall reimburse all payments received from the Customer without delay and at the latest within 14 days from receipt of the withdrawal notice. The same payment method used for the original transaction will be used for the refund unless expressly agreed otherwise. No fees will be charged for the refund.
8.6. spottle GmbH may withhold reimbursement until the goods have been returned or until the customer has supplied evidence of having sent back the goods, whichever is earlier. The customer must return or hand over the goods promptly and in any event no later than 14 days from the day they notified spottle GmbH of the withdrawal. The return should be made to:
- For Austria, Germany, Europe, and Rest of the World:
LKV Logistik GmbH – spottle GmbH
Salzachtalstraße 47
5400 Hallein
Austria
- For Germany (Only DHL packages / Deutsche Post):
LKV Logistik GmbH – spottle GmbH
c/o ZSP Traunstein
Wimpasinger Str. 18
83278 Traunstein
Germany
The deadline is met if the goods are sent before the 14-day period has expired. The customer bears the direct costs of returning the goods. The customer is only liable for any diminished value of the goods if this loss in value is due to handling of the goods beyond what is necessary to establish their nature, characteristics, and functioning.
8.7. Sample Withdrawal Form
If you wish to withdraw from the contract, please fill out the following form and send it to:
spottle GmbH, Halleiner Landesstraße 53/1, 5061 Elsbethen, Austria or via email to: support@spottle.net
I* / we* hereby withdraw from the contract concluded by me* / us* 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 this form is notified on paper)
_________________________ Date
*Please delete as appropriate
Link to the withdrawal form in PDF
8.8. Exceptions to the Right of Withdrawal
No right of withdrawal exists for goods that are manufactured according to customer specifications or are clearly tailored to the personal needs of the customer. Additionally, 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 has been removed after delivery.
9. Data Protection Provisions
The data protection provisions of spottle GmbH apply to all customers and are an integral part of these GTC. They are available on the website under “Privacy Policy.”
10. Applicable Law and Jurisdiction
10.1. Austrian law shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-law rules of private international law. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by the mandatory provisions of the law of the country in which the consumer has their habitual residence.
10.2. For all disputes arising from or in connection with these GTC and all legal relationships between spottle GmbH and its customers, the contracting parties agree to the exclusive jurisdiction of the competent court in Salzburg. For legal actions brought against a consumer who has their residence, habitual residence or place of employment in Austria, jurisdiction is determined by the court in whose district the consumer has their residence, habitual residence or place of employment. For consumers who, at the time of the conclusion of the contract, do not have a residence in Austria, the statutory places of jurisdiction shall apply.
11. Final Provisions
11.1. Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining content. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.
11.2. Amendments, additions, and collateral agreements to these GTC must be made in writing in order to be valid. This also applies to any agreement to deviate from this written form requirement. In the event of contradictions between these GTC and differing written agreements between the contracting parties, the provisions of the differing agreements shall prevail.
12. Payment Method: Klarna
In cooperation with Klarna AB (publ), Sveavägen 46, S-11134 Stockholm, we offer the following payment options. Payments are made directly to Klarna:
- Invoice: The payment period is 14 days from the date of dispatch of the goods. The full terms and conditions for invoice purchases for deliveries to Germany can be found [here], and for deliveries to Austria [here].
- Sofort (Immediate Transfer): Your account will be charged immediately after placing the order.
- Direct Debit: Your account will be debited after the goods have been shipped. You will be informed of the date by email.
Use of the invoice and direct debit payment options requires a positive credit check. Therefore, as part of initiating and processing the purchase, we forward your data to Klarna for address and creditworthiness verification. Please understand that we can only offer those payment methods that are permitted based on the results of the credit check. Further information and Klarna's terms of use can be found for Germany [here], and for Austria [here]. General information about Klarna is available [here]. Your personal data will be processed in accordance with the applicable data protection regulations and as described in Klarna’s privacy notices for Germany / Austria.
13. Satisfaction Guarantee
The satisfaction guarantee does not affect the statutory right of withdrawal and is not related to the legally prescribed right of withdrawal. Whether and to what extent the satisfaction guarantee is applied is solely at the discretion of spottle GmbH. It is not possible to claim a refund of the purchase price already paid by invoking the satisfaction guarantee without first providing sufficient evidence to spottle GmbH in the form of photographs or by returning the damaged product. Business customers are not entitled to the satisfaction guarantee.
14. EU Commission Platform for Online Dispute Resolution pursuant to Art. 14 para. 1 ODR Regulation
The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at http://ec.europa.eu/consumers/odr/. We are willing to participate in an out-of-court dispute resolution procedure.