terms and conditions

General Terms and Conditions of Business of SPOON GmbH – Online Shop

 

(Status:  April 2014)

 

1. Scope and Definition of Terms

(1) ´The offer in SPOON GmbH´s (hereafter “SPOON”) online shop is intended solely for end customers (hereafter “Customers”).

(2) Individual agreements entered into with the Customer in individual cases (including subsidiary agreements, supplementary information and/or amendments) shall, in any case, have preference over SPOON`s General Terms and Conditions of Business.

 

2. Entering into Contracts and Order Process

(1) SPOON website merely constitutes a sales leaflet, i.e. a request to Customers to submit offers to enter into a contract of purchase regarding the presented goods. Minor colour differences of the goods presented on the website are attributable to the used technology.

(2) The Customer can select products and by using the “Place in the basket” button collect these in a so-called basket. If the Customer clicks on the “display basket” button, he can view and amend the order data or entering his personal data by click on the „check out“ button. After the last call for data-check and final confirmation he shall make a binding offer to purchase the goods in the basket.

(3) After placing the order, the Customer will receive an automatic confirmation of receipt by e-mail stating the content of the Customer’s order, which the Customer can print. This automatic confirmation of order does not constitute any acceptance of the offer, but rather merely documents the fact that SPOON has received the order.

(4) The contract shall only be brought about by way of SPOON issuing the statement of acceptance. SPOON is entitled, but not under obligation, to accept the contractual offer within 10 days following receipt by SPOON. SPOON shall state its acceptance by way of shipping confirmation forwarded by e-mail.

(5) After placing the order, the Customer will receive an automatic confirmation of receipt by e-mail stating the content of the Customer’s order, which the Customer can print. This automatic confirmation of order does not constitute any acceptance of the offer, but rather merely documents the fact that SPOON has received the order. The goods shall be sold merely in customary household quantities.

 

3. Registering for A Customer Account

(1) To facilitate use of the online store, SPOON gives the Customer the opportunity to register for a customer account. In such a case the Customer will not need to enter his data for each order because such data will, moreover, be stored in SPOON’s customer database and automatically entered in an order.

(2) SPOON requires the following details for a customer registration: surname, first name, address, a different delivery address where applicable, and an e-mail address. The Customer enters these data in an entry mask. These data shall be stored in SPOON`s database if the Customer clicks on the “Register Now” button. SPOON shall use the stored data only by way of observing the valid data protection measures. Details are stated in SPOON`s Data Protection Policy, which can be viewed online via the “Data Protection” button.

(3) Once the Customer has registered he will receive an automatic message by e-mail stating that his account has been set up. The Customer’s e-mail address simultaneously serves as the user name for the customer account. During the registration process, the Customer is requested to state a password created by the Customer. The Customer can amend that password after logging-in to his customer account. The Customer is to keep the access authorisation and password secret at all times, may not forward these to third-parties and undertakes to protect his access authorisation and password against unauthorised access by third-parties. The Customer is responsible for misuse of the access authorisation and the password.

 

4. Delivery, Delivery Periods, Availability of Goods

(1) In the absence of agreements to the contrary, goods shall be delivered to the delivery address stated by the Customer.

(2) Following hand-over of the goods to the forwarding agent, the Customer shall automatically receive shipping notification by e-mail that contains a Tracking Link via which the Customer can trace the consignment.

(3) Partial deliveries and early deliveries are permitted as part of deliveries that are acceptable for the Customer. Insofar as the Customer has ordered several products, it may be the case that SPOON ships these via several deliveries. SPOON shall inform the Customer of this prior to shipping. In the event that a part of the goods ordered by the Customer are temporarily or permanently unavailable for delivery, SPOON may cancel the customer`s order in part or in whole.

 

5. Prices and Shipping Costs

(1) All the prices stated in SPOON`s website are to be construed including the respective valid value added tax.

(2)Within the order form SPOON informs the customers about the shipping costs incurring within the EU and any additional costs such as gift packaging. The customer shall bear these costs as well as additional costs for shipping outside of the EU (particularly increased postal charges, customs duties and taxes).

 

6. Payment Terms

(1) SPOON only accepts the payment methods presented to the Customer as part of the order process.

 

(2) During the order process, SPOON shall, in the event of a justified interest, carry out an automatic credit assessment of the Customer by making an inquiry with a credit agency, e.g. Bürgel Wirtschaftsinformationen GmbH & Co. KG. The order option and offered payment methods are conditional on the outcome of such a credit assessment. SPOON shall, in particular depending on the outcome of such an automatic credit assessment, offer the Customer the option to pay in advance/advance bank transfer, by credit card, on account or by PayPal®. In the case of payment on account, the amount is to be settled within 14 days following receipt of the invoice. In the event of an inappropriate credit status, SPOON shall, in addition, be entitled to withdraw in full or in part from all existing contracts for which the Customer has not yet paid the purchase price irrespective of such amounts having fallen due for payment and irrespective of a warning that has been issued.

 

7. Reservation of Title

(1) The delivered goods shall remain SPOON`s property up until payment in full of the purchase price.

(2) The Customer undertakes, in the event of seizure of the goods or other intervention by a third-party, to inform SPOON in writing without delay, and to draw the attention of the third-party to SPOON`s reservation of title.

 

7b. Cancellation Policy

 

Cancellation Right

You may withdraw statement to enter into the contract within one 14 days, without stating reasons for your action, by text (e.g. letter, facsimile or e-mail) or - if the item is surrendered to you prior to expiry of the period - by returning the item. The period shall commence following receipt of the directions in text form but not, however, prior to receipt of the goods by the recipient (in the case of recurring deliveries of the same goods not prior to receipt of the first partial delivery) and not prior to honouring our duty to supply information in accordance with Item 246, Section 2, in conjunction with Section 1, sub-section 1, 2 and 2 EGBGB and our obligations in accordance with Section 312e, sub-section 1, sentence 1 BGB in conjunction with Item 246, Section 1, sub-sections 1 and 2, EGBGB. To satisfy the withdrawal period, sending the withdrawal or returning the item in good time shall suffice. The cancellation is to be sent to:

a) In the event of sending a written notice of cancellation: SPOON GmbH, Hauptmannsreute 16, 70192 Stuttgart, Germany

b) In the event of notice of cancellation by e-mail: info@spoon-golf.com

c) In the event of notice of cancellation by facsimile: +49 (0)711 217 20 30 – 89

d) In the event of giving notice of cancellation by returning the goods, the goods are to be returned to: SPOON GmbH, Hauptmannsreute 16, 70192 Stuttgart, Germany

Consequences of Cancellation:

In the event of an effective cancellation, the performance received by each party is to be returned and, where applicable, derived benefit (e.g. interest) is to be surrendered. If you cannot reimburse us in full or in part for the received performance, or merely in a deteriorated condition, you shall, insofar, be required, where applicable to provide compensation for lost value. In the event of surrendering items this shall not apply if the deterioration in the item is solely attributable to its inspection - for example, which would be an option open to you in a retail shop. In other respects you can avoid the obligation to provide compensation for lost value as a result of deterioration in the item due to the intended use of the item by not taking possession of the item and refraining from all action that has a detrimental effect on the item. Items capable of being sent as a parcel are to be returned at our cost and risk. Items not capable of being sent as parcels shall be collected from your premises. Obligations to reimburse payments must be honoured within 30 days. The period shall commence for you upon sending your declaration of withdrawal or the item. For us it commenced upon receipt of these.

 

8. Guarantee

(1) The guarantee for defects in the purchased goods is geared towards the statutory requirements and the following provisions. SPOON is to remedy defects at its own discretion, in particular by way of remedying defects or via replacement delivery. Warranty claims shall fall under the statute of limitations two years following delivery of the goods.

(2) Minor variations in terms of quality, colour, width, weight, equipment or design of samples of the goods that cannot be in a technical sense or are customary in the trade do not constitute any defects. The above does not apply if SPOON has given an assurance regarding a delivery in line with a sample or has given a different quality guarantee. The Customer is free to furnish proof that the stated variations have a considerable effect on the Customer.

(3) All Customer guarantee claims are void should the Customer alter the goods, or otherwise interfere with them, unless the Customer can prove that the intervention or alteration did not cause the flaw

 

9. Setting Off, Retention

The Customer shall only be entitled to set off rights if its counter-claims have become res judicata, are undisputed or have been acknowledged by SPOON. The Customer is only authorised to exercise a right of retention if its counter-claim is based on the same contract.

 

10a. Information About Data Processing

(1) SPOON attaches great importance to protecting the Customer’s personal data that the Customer states when using the online store. SPOON shall only collect, store and use personal data in line with its respective valid data protection provisions.

(2) SPOON`s  data protection statement is available for viewing at any time in the online store via the “Data Privacy Button”.

10b. Integration of the Trusted Shop Trustbadge

The Trusted Shops Trustbadge is integrated on this website to display our Trusted Shops seal of approval and any collected evaluations as well as to offer Trusted Shops products to buyers after an order has been placed.
 
This serves to safeguard our legitimate interests in the best possible marketing of our products and services. The Trustbadge and the services advertised with it are an offer of the Trusted Shops GmbH, Subbelrather Str. 15C, 50823 Cologne.
 
When the trust badge is called up, the web server automatically saves a so-called server log file, which contains e. g. your IP address, date and time of the call, transferred data volume and the requesting provider (access data) and documents the call. This access data is not evaluated and will be automatically overwritten at the latest seven days after the end of your visit.
 
Further personal data will only be transferred to Trusted Shops if you decide to use Trusted Shops products after completing an order or if you have already registered for the use of Trusted Shops products. In this case, the contractual agreement between you and Trusted Shops shall apply.

 

10b  Integration of the Trusted Shop Trustbadge

 
The Trusted Shops Trustbadge is integrated on this website to display our Trusted Shops seal of approval and any collected evaluations as well as to offer Trusted Shops products to buyers after an order has been placed.
 
This serves to safeguard our legitimate interests in the best possible marketing of our products and services. The Trustbadge and the services advertised with it are an offer of the Trusted Shops GmbH, Subbelrather Str. 15C, 50823 Cologne.
 
When the trust badge is called up, the web server automatically saves a so-called server log file, which contains e. g. your IP address, date and time of the call, transferred data volume and the requesting provider (access data) and documents the call. This access data is not evaluated and will be automatically overwritten at the latest seven days after the end of your visit.
 
Further personal data will only be transferred to Trusted Shops if you decide to use Trusted Shops products after completing an order or if you have already registered for the use of Trusted Shops products. In this case, the contractual agreement between you and Trusted Shops shall apply.

11. Liability

(1) SPOON is liable without restrictions for intent and gross negligence. In the case of minor negligence, SPOON shall only be liable in the event of loss of life, physical injury or detrimental effects on health or in the event of violating a key contractual obligation. Key contractual obligations are those that need to be honoured to reach the goal of the contract, and which the Customer has trusted will be honoured and in which the Customer may place his trust.

(2) In the event of minor negligent violation of key contractual obligations, SPOON`s liability shall be limited in terms of amount to the foreseeable and typical cases of damage.

(3) The above-mentioned liability limitations also apply in favour of SPOON`s legal representatives and vicarious agents.

(4) This does not affect liability in accordance with the German Product Liability Act.

 

12. Final Provisions

(1) The contract and any amendments thereto must take the written form.

(2) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sales of Goods.

(3) The legal venue, so far as is legally admissible, shall be the registered offices of SPOON.

 

14. Suppliers on the Website

The stated website at the domain www.spoon-golf.com is operated by:

SPOON GmbH
Hauptmannsreute 16
70192 Stuttgart / Germany

Represented by the managing director Desi Görtz and Harald Jacob
Tel.: +49 (0) 711 217 20 30-80 Fax: +49 (0) 711 217 20 30-89
E-mail:info@spoon-golf.com
Register Court, Stuttgart HRB 736167