General Terms and Conditions

Table of contents

1. Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of SPINOGY GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to 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 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding 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 on the part of the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. The Customer can also submit the offer to the Seller by telephone, email or 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 the receipt of the order confirmation by the Customer is decisive in this respect, or
  • by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive in this respect, or
  • by requesting the Customer to pay after they have 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 first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end 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 is deemed to be a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment is processed 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 and conditions for payments without a PayPal account, available at: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays by means of a payment method offered by PayPal and selectable during the online ordering process, the Seller hereby declares its acceptance of the Customer's offer at the point in time at which the Customer clicks the button that concludes the ordering process.

2.5 When submitting an offer via the Seller's online order form, the contract text 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 they have submitted their order. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before submitting their order, the order data is archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by providing the relevant login details.

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

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

2.8 Order processing and contact usually take place by email and automated order processing. The Customer must ensure that the email address they provide for order processing is correct, so that the emails sent by the Seller can be received at this 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 with the order processing can be delivered.

3. Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

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

3.3 The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, are not nationals of any member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract.

4. Prices and payment terms

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices including statutory VAT. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs in relation to the transfer of money may also be incurred if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the Customer in the Seller's online shop.

4.4 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.

5. Delivery and shipping terms

5.1 The delivery of goods takes place by shipping to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing is decisive. By way of derogation, if the PayPal payment method is selected, the delivery address stored by the Customer with PayPal at the time of payment is decisive.

5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs of shipping if the Customer effectively exercises their right of withdrawal. For the return costs, the provision made in the Seller's withdrawal policy applies if the Customer effectively exercises their right of withdrawal.

5.3 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific hedging transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of the unavailability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.

5.4 In the case of collection in person, the Seller first informs the Customer by email that the goods they have ordered are ready for collection. After receiving this email, the Customer can collect the goods at the Seller's premises by arrangement with the Seller. In this case, no shipping costs are charged.

6. Retention of title

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

7. Liability for defects (warranty)

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

7.2 If the Customer acts as a consumer, they are requested to complain to the carrier about delivered goods with obvious transport damage and to inform the Seller of this. If the Customer fails to do so, this has no effect whatsoever on their statutory or contractual claims for defects.

8. Applicable law

8.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

8.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time of the conclusion of the contract, are not nationals of any member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract.

9. Place of jurisdiction

If the Customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. However, in the aforementioned cases, the Seller is in any case entitled to bring an action before the court at the Customer's registered office.

10. Alternative dispute resolution

10.1 The EU Commission provides a platform for online dispute resolution on the internet at the following link: 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.

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