Terms and conditions
General terms and conditions of Spirit Products GmbH for concluding contracts via the online shop spiritofmary.com
0. Provider, validity of the conditions
The provider of the online shop is
Spirit Products GmbH
Managing director: Andrea Lottmann
Telephone number: +49 (0) 40 36848533
The following terms and conditions apply exclusively to all contracts for services and deliveries of Spirit Products GmbH via the online shop.
You accept these general terms and conditions for the present contract as binding for you. Any deviating agreement requires our express confirmation.
You agree to receive electronic communication from us for contractual purposes, e.g. in the form of e-mails, and you also agree that electronic communication maintains the form for all consents and notifications, unless compulsory legal regulations require one other form.
Furthermore, you waive the assertion of your own purchase conditions. These will not become part of the contract through our silence or through our delivery.
You also acknowledge that you cannot purchase items for commercial resale from us.
II. Conclusion of contract, data storage, customer's duty to provide information, shipping area
The contract in the online shop is only in German.
Goods are ordered by the customer placing items in the shopping cart, entering their address and payment details, including their e-mail address, confirming the accuracy of the information on a control page and pressing the "Order with payment" button at the end. Only by clicking the button "Order with payment" does the customer make a binding offer to purchase the items contained in the shopping cart and / or order the services contained in the shopping cart. All previous activities in the ordering process of the online shop are legally non-binding.
Spirit Products GmbH confirms receipt immediately after receipt of the order by email. With this e-mail, Spirit Products GmbH also sends the customer the data stored for the processing of the order as well as these general terms and conditions. This does not apply if the customer did not provide an email address when placing the order or if this is incorrect. The confirmation of receipt does not include acceptance of the offer.
Spirit Products GmbH does not save any contract data other than the one stated in the confirmation of receipt.
All offers from Spirit Products GmbH in the online shop are subject to change and are subject to availability. The customer's acceptance of the contract is only accepted after the order confirmation, which Spirit Products GmbH issues no later than five days after receipt of the order. If goods ordered by the customer are not available at short notice, Spirit Products GmbH will inform the customer within five days.
The customer is obliged to provide truthful information on the data required for contract execution, in particular name, address and email address. The customer will immediately notify Spirit Products GmbH of any changes.
If the customer provides incorrect information on name, address and / or email address, Spirit Products GmbH can withdraw from the contract insofar as a contract has been concluded. The withdrawal can be declared in writing or in text form.
Spirit Products GmbH only sends goods ordered in the online shop to addresses in Germany and Austria.
III. Prices, shipping costs, delivery times, collection
All prices include all taxes, especially the VAT of currently 19% and other price components. The prices at the time of the order are decisive for the contract.
We deliver free of charge within Germany from an order value of EUR 55.00. Up to 55.00 EUR order value we charge 3.70 EUR for shipping. For the other shipping area (Austria) the shipping costs are 8.00 EUR regardless of the order value.
Spirit Products GmbH sends the goods ordered in the online shop immediately - at the latest within 5 working days - after receipt of payment. If goods ordered by the customer cannot be delivered within this period, Spirit Products GmbH will inform the customer immediately.
If the non-observance of an agreed delivery time is due to force majeure, industrial action, fire, unforeseeable obstacles or other circumstances for which Spirit Products GmbH is not responsible, the delivery or execution time will be extended for the duration of these circumstances. This also applies if Spirit Products GmbH is in default when the obstacle arises.
If the impediment to performance continues for more than a month, both Spirit Products GmbH and the customer are entitled to withdraw from the contract without further notice. Any further rights of the customer remain unaffected. Spirit Products GmbH will immediately notify the customer of an obstacle to performance and, in the event of withdrawal, will immediately reimburse the customer for services already performed.
IV. Customer's obligation to make advance payments, payment options, third-party service providers for credit card statements, repayments, retention of title
Spirit Products GmbH delivers ordered goods only if the purchase price plus shipping costs has been paid by the customer.
During the order, the customer has the option to choose between the payment options "Sofortüberweisung", "credit card" and "PayPal".
With the "PayPal" payment method, payment is made during the ordering process using the payment system provided by PayPal.
Credit card billing is carried out by Wix Payments.
Payment by credit card is triggered at the latest as soon as the ordered items are ready for dispatch in our dispatch warehouse. If the purchase price cannot be collected using the credit card you have specified, the goods will not be sent.
The purchased goods remain the property of Spirit Products GmbH until full payment has been made.
V. Claims for defects
Spirit Products GmbH assumes the warranty for defects in the delivered goods and services within the framework of the legal regulations.
VI. Delivery, transport, risk transfer
If the customer is not a consumer within the meaning of § 13 BGB, the following provisions apply:
Spirit Products GmbH is entitled to make partial deliveries.
Spirit Products GmbH selects the transport company for the transport of the purchased goods that offers the cheapest shipping method in terms of price, reliability and speed.
With the handover to the transport company, the risk passes to the customer. Spirit Products GmbH is released from the obligation to perform upon handover to the transport company. The transport of the goods is at the risk of the customer. At the customer's request, Spirit Products GmbH takes out transport insurance. The customer is responsible for the insurance costs.
No. 3 also applies if partial deliveries are made or Spirit Products GmbH provides additional services, e.g. B. Transport costs or delivery.
You are legally acc. Section 312g (1) BGB gives you a right of withdrawal if you are a consumer within the meaning of the German Civil Code, since the purchase of goods on the Internet, as in the present case, is a so-called distance contract. With regard to the right of cancellation and its consequences, you will be given separate cancellation instructions when you place your order and will be sent in text form.
Declarations of cancellation should be sent to the following address:
Spirit Products GmbH
Telephone number: +49 40 36848533
VIII. Note on the dispute settlement procedure
We do not participate in a dispute settlement procedure before a consumer arbitration board, or in an online dispute settlement procedure.
IX. Applicable law; Place of fulfillment; Jurisdiction
German law applies to the contract. If the customer is a consumer and he is not domiciled in Germany, but in another country of the European Union, mandatory consumer law provisions of the law applicable at the customer's domicile remain unaffected.
If the customer is a consumer and does not have a place of residence in the European Union, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contract is Husum.
If the customer is not a consumer within the meaning of § 13 BGB, the following provisions also apply:
For all claims arising from or in connection with the contract between the customer and Spirit Products GmbH, the place of performance is the registered office of Spirit Products GmbH.
The exclusive place of jurisdiction for all disputes arising directly or indirectly from the contract is Husum.