General terms and conditions of business
GENERAL TERMS AND CONDITIONS
Spickprofi – spickprofi.de
Status: March 2026
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§ 1 Scope and Provider
(1) These General Terms and Conditions (“GTC”) apply to all orders and purchases made through the online shop spickprofi.de (“Shop”) and all associated mobile applications (together: “Services”).
(3) By using the Services and placing an order, you agree to these GTC. Please read them carefully before purchasing.
(4) You warrant that you are of legal age or have the consent of your parents or a legal guardian.
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§ 2 Conclusion of Contract
(1) The presentation of products in the Shop does not constitute a binding offer but an invitation to submit an offer.
(2) By clicking the "Order with obligation to pay" button, you submit a binding offer to purchase the products in the shopping cart. Before completing the order, you can review and correct the products, quantities, and entries at any time.
(3) You will first receive an automatic confirmation of receipt by email. This does not yet constitute acceptance of your offer.
(4) The contract is concluded as soon as we send you an order confirmation by email. For payment methods with immediate payment initiation (e.g., PayPal, instant transfer), the confirmation of payment receipt is considered acceptance of the contract.
(5) The contract text will be stored by us. You will receive the contract confirmation, including these GTC, by email on a durable medium.
(6) The contract language is German.
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§ 3 Prices and Payment
(1) All prices are in Euros, including statutory value-added tax. Shipping costs are shown separately in the order process.
(2) We reserve the right to change prices at any time. Changes do not affect already concluded orders.
(3) The available payment methods are displayed at checkout.
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§ 4 Delivery
(1) All stated delivery times apply from the date of receipt of payment.
(2) We strive to deliver within the stated timeframes. In individual cases, delays may occur that are beyond our control (e.g., due to shipping service providers, customs clearance, or unforeseen external circumstances).
(3) You are obliged to check the goods immediately upon receipt for completeness and recognizable transport damage. Missing or damaged items must be reported to us immediately, but no later than 7 days after receipt, by email to info@spickprofi.de. In the event of a delayed report, you bear the burden of proof that the defect already existed at the time of delivery. This regulation does not affect your statutory warranty rights.
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§ 5 Right of Withdrawal
RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods.
To exercise your right of withdrawal, you must inform us (Spickprofi, info@spickprofi.de) of your decision to withdraw from this contract by means of a clear declaration (e.g., by email).
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
CONSEQUENCES OF WITHDRAWAL
If you withdraw from this contract, we will reimburse you all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from your choosing a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within 14 days from the day on which the notification of your withdrawal from this contract has reached us. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise.
You bear the direct costs of returning the goods.
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§ 6 Returns
(1) If the right of withdrawal exists, you can return the goods to us within the withdrawal period. Please contact us in advance at info@spickprofi.de for the return address and further instructions.
(2) You bear the direct costs of the return.
(3) You are responsible for ensuring that the goods arrive undamaged and functional. A refund will be issued after inspection of the returned goods.
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§ 7 Warranty and Guarantee
(1) The statutory warranty rights apply. If the goods are defective, you are entitled to the statutory claims for supplementary performance, withdrawal, reduction, and damages.
(2) Voluntary Guarantee: Should one of our products not function properly, you can send it in for repair or exchange at any time. We will repair the product or replace it with a new one. This voluntary guarantee exists in addition to your statutory warranty rights and does not restrict them.
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§ 8 Compatibility Note (Mini Camera)
The mini camera works exclusively with Android smartphones via USB-C OTG. Compatibility with all smartphone models cannot be guaranteed. It is your responsibility to inquire with us before purchase whether your smartphone model is compatible.
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§ 9 Usage Note
(1) The use of our products is subject to applicable legal provisions. You undertake to use our products exclusively for legally permissible purposes.
(2) The use of our products for secret surveillance without the necessary consent of the persons concerned is expressly prohibited and may have legal consequences.
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§ 10 Liability
(1) We are liable without limitation for intent, gross negligence, and injury to life, body, or health.
(2) In the event of slight negligence in the breach of essential contractual obligations (cardinal obligations), our liability is limited to the foreseeable, typical damage for the contract.
(3) Otherwise, liability for slight negligence is excluded.
(4) Liability under the Product Liability Act, as well as for expressly assumed guarantees, remains unaffected.
(5) We are not liable for damages resulting from abusive or unlawful use of our products, nor for damages due to non-compliance with the operating instructions.
(6) The aforementioned limitations of liability also apply in favor of our vicarious agents.
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§ 11 Intellectual Property
All contents of the Services (texts, images, graphics, software, trademarks) are our property or licensed. Reproduction, distribution, or use beyond the intended purpose is not permitted without our prior written consent.
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§ 12 Data Protection
Information on the processing of personal data can be found in our privacy policy at spickprofi.de/pages/datenschutz.
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§ 13 Links to Third-Party Providers
The Services may contain links to external websites. The respective operators are solely responsible for their content. We assume no liability for the content of linked pages.
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§ 14 Product-Specific Notes and Restrictions of the Right of Withdrawal
For certain products, statutory restrictions on the right of withdrawal apply due to their nature:
(1) Invisible Headphones (Standard and Premium) and Mini Camera (Shirt Button):
These products are supplied sealed for reasons of health protection and hygiene. The invisible headphones are in-ear products (5 mm) worn in the ear canal. The mini camera is worn on the body with a cable that has direct skin contact. After removal of the seal, withdrawal is excluded according to § 312g para. 2 no. 3 BGB (German Civil Code).
This also applies to the cheat sheet set (Standard and Premium) as soon as the seal of one or more components has been removed.
(2) Spickprofi Calculator:
The calculator is individually configured before shipping based on your information in the ordering process (e.g., field of study, exam content). It is therefore a product manufactured or configured according to your personal requirements and is not prefabricated. Withdrawal is excluded according to § 312g para. 2 no. 1 BGB. Additionally, the calculator is delivered sealed; after unsealing and commissioning, the device contains personal data and cannot be resold as new goods.
(3) You will be informed of the respective exclusion of withdrawal in the ordering process before you complete your order.
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§ 15 Amendment of the GTC
(1) We reserve the right to amend these GTC with effect for the future. Amendments apply to orders placed after the new version comes into force.
(2) We will inform you of significant changes in good time. The changes are deemed accepted if you do not object within two months of notification. We will point out this legal consequence in the notification.
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§ 16 Dispute Resolution
(1) The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr/
(2) We are not obliged and unwilling to participate in dispute resolution proceedings before a consumer arbitration board.
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§ 17 Final Provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as mandatory provisions of the law of the state in which the consumer has his habitual residence do not grant more extensive protection.
(2) Should a provision of these GTC be or become invalid, the remaining provisions shall remain unaffected.
(3) These GTC and the respective order confirmation constitute the entire agreement between you and Spickprofi regarding the purchase of the products.
Markus Sommer
Genter Str. 70
13353 Berlin
E-Mail: info@spickprofi.de
Status: 5.11.2024
