Terms and Conditions
Conditions
(1) This website (the "Site") and/or the services, including all associated mobile applications (collectively: the "Services") and all offers and sales of products ("Products") through the Site, is owned and operated by spickprofi (hereinafter also: "we", "us" and "our"). These terms and conditions ("Terms") set out the terms and conditions under which visitors or users (collectively: "Users" or "you") may visit or use the Site and/or the Services and purchase Products.
(2) By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to all of the Terms, you may not access the Site or use the Services. Please read these Terms carefully before accessing our Site or using the Services or purchasing any Products. These Terms tell you who we are, how we sell Products to you, how you can cancel the purchase agreement, and what to do if you have any problems.
(3) You represent that you are of legal age and have the legal authority, right and freedom to enter into a binding agreement based on these Terms and to use the Services and purchase Products. If you are a minor, you must have the permission of your parent or legal guardian to use the Services or purchase Products.
purchase of products
(1) The purchase of products is subject to the conditions in force at the time.
(2) When you purchase a Product: (i) you are responsible for reading the item description in its entirety before making a binding purchase, and (ii) the completion of an order on the Site (by completing a checkout process using the "Buy Now" or similar button) may constitute a legally binding contract for the purchase of that Product, unless these Terms provide otherwise.
(3) You can select products from our product selection and put them in your shopping cart by clicking on the corresponding button. Our prices are listed on the site. We reserve the right to change our prices at any time and to correct any inadvertent pricing errors. These changes will not affect the price of products you have already purchased. When paying, you will be shown an overview of all the products you have placed in your shopping cart. The overview includes the essential properties of each product as well as the total price for all products, the applicable sales tax (VAT)/value added tax (VAT) and, if applicable, the shipping costs. On the payment page, you also have the option of checking the products and quantities and, if necessary, changing, removing or correcting them. You can also use the edit function to identify and correct any input errors before placing your final binding order. All delivery times stated apply from receipt of your payment of the purchase price. If you click on the "Order with payment" button, you are placing a binding order to purchase the listed products at the stated price and shipping costs. Before completing the order process using the "Order with payment" button, you must first accept these terms and conditions as legally binding for your order by clicking the corresponding box.
(4) We will then send you an email confirming receipt of your order, which will list your order again and which you can then print or save using the relevant function. Please note that this is an automatic notification that only confirms that we have received your order. It does not indicate that we have accepted your order.
(5) The legally binding agreement to purchase the products is concluded as soon as we send you an order confirmation by email. This confirmation represents acceptance of your order. Until this point, we are not obliged to accept your order. If a payment method is selected that initiates a payment process immediately upon submission of your order (e.g. electronic transfer or PayPal), acceptance is deemed to have occurred upon confirmation of receipt of payment.
(6) The purchase contract is concluded in German. After the contract has been concluded, the terms and conditions will be stored by us and you will no longer have access to them.
storage of online payment details
You can save a preferred payment method for future use. In this case, we will store those payment details in accordance with applicable industry standards, if any (e.g. PCI, DSS). You can identify your saved card by its last four digits.
Permitted Use
(1) Our Services are provided to you for informational purposes and for your personal, non-commercial use only. When using our Services, you must comply with these Terms and all applicable laws.
(2) Except as expressly permitted by these Terms, you may not: (i) use our Services in any unlawful or fraudulent manner (including violating the rights of third parties) or for any purpose to collect personal information or impersonate other users; (ii) alter or use our copyright, trademark or other proprietary rights notices or interfere with the security-related features of our Services; (iii) use our Services in any way to tamper with or alter any content or undermine the integrity and accuracy of any content, or take any action to interfere with, damage or disrupt any part of our Services; (iv) use our Services to send, receive, upload/post, download any material that does not comply with our content standards; (v) use our Services to transmit or facilitate the transmission of any unsolicited or unauthorized advertising or promotional material; (vi) use our Services to transmit or upload data to our Services that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or other malicious programs or similar computer code designed to affect the operation of any computer software or hardware; (vii) use any robot, spider, other automatic device or manual process to monitor/copy our or other sites or the content contained in our Services, or use any network monitoring software to determine the architecture of our Services or to extract usage data from our Services; (viii) engage in any conduct that restricts or inhibits any other user from using our Services, or (ix) use our Services for any commercial purpose or in connection with any commercial activity conducted without our prior written consent. You agree to cooperate fully with us in the investigation of any activity that allegedly or actually violates these Terms.
(3) The use of our products is subject to the applicable legal provisions for the protection of personal rights and data protection. You undertake to use our products exclusively for legally permissible purposes and not to make any recordings or transmissions that could violate the personal rights or data protection rights of other persons. The use of our products for secret surveillance without the required consent of the person(s) concerned is expressly prohibited and may result in legal consequences.
Intellectual Property Rights
(1) Our Services and related content (and any derivative works or improvements thereof), including without limitation all text, illustrations, files, images, software, scripts, graphics, photographs, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks, service marks, brand names and trade dress, and interactive features, and all intellectual property rights therein, are either owned or licensed by us (collectively, "Our Intellectual Property Rights"), and nothing in these Terms grants you any rights in or to our Intellectual Property Rights. Except as expressly set forth herein or required by mandatory law for use of the Services, you acquire no right, title or interest in or to our Intellectual Property Rights. All rights not expressly granted in these Terms are expressly reserved.
(2) If the Products include digital content, such as music or videos, you are granted the rights as set out with respect to such content on the Site.
Disclaimer of Warranties for Use of the Site and Services
The Services, our intellectual property rights and all information, materials and content provided in connection therewith and made available to users free of charge are provided "as is" and "as available" without warranties of any kind, express or implied (warranties of fitness for a particular purpose or warranties with respect to the security, reliability, timeliness, accuracy and performance of our Services, among others) - except in cases of malicious non-disclosure of defects. We do not guarantee that free Services will be provided without interruption or error or that they will meet your requirements. Access to the Services and the Site may be suspended or restricted due to repairs, maintenance or updates. The warranty for products you purchase from us as set out in the "Warranty for Products" section above remains unaffected.
Change of Terms and Services; Termination
We reserve the right to change these Terms from time to time at our sole discretion to reflect changes in the law, additional features we may introduce, or as we otherwise develop our business. Therefore, you should review these Terms regularly, and in any event during the checkout process when you purchase Products. The new Terms will apply to any new order you place after the effective date of the new Terms. If any ongoing services you use are affected by the changes to the Terms, we will do so taking into account your legitimate interests as appropriate. We will notify you of any such changes in a timely manner. You will be deemed to have accepted the changes if you do not object to the changes within two months of such notification. We will indicate this in our notification. If you object to the changes, we have a special right of termination - without any further obligation to you - which will take effect on the effective date of the changes.
We may change the Services, stop providing the Services or one or more functions of the Services offered, or limit the Services. We may terminate or suspend access to the Services themselves permanently or temporarily - without giving reasons and without further obligations. We will notify you of this in advance, if possible under the circumstances, and we will take your legitimate interests into account appropriately in such measures.
Links to third-party websites
The Services may contain links that allow you to leave the Site. Unless otherwise indicated, the linked sites are not under our control and we are not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. We are not responsible for any transmissions received from any linked site. Links to third party sites are provided for information purposes only. The fact that we have included links to other sites does not imply our endorsement of their owners or their content.
limitation of liability
- General liability: We are only liable in the event of intent, gross negligence, negligent injury to life, body or health or in the event of slightly negligent breach of essential contractual obligations. In the event of slightly negligent breach of essential obligations, liability is limited to foreseeable damages typical of the contract.
- Specific Product Use: Our products are designed for legal purposes. Use in situations that could lead to legal violations or safety risks is strictly prohibited. We assume no liability for damages resulting from such improper use.
- Third Party Disclaimer: We are not responsible for any products, services or actions of any third party.
- Exclusion in case of non-compliance with instructions: We are not liable for any damage caused by non-compliance with our operating manual or instructions.
- Product liability and guarantees: Our liability under the Product Liability Act or for explicitly given guarantees remains unaffected by the above provisions.
- Scope: These limitations of liability apply to our contractual and non-contractual liability as well as to the liability of our managing directors, senior managers, legal representatives, employees and vicarious agents.
warranty and return conditions
- Returns: The cost of returning a product is borne by the buyer. There is also a fee of €15, which the buyer must pay. This amount will be deducted from the refund amount.
- Guarantee: If an item does not work properly, it can be sent in for repair or exchange at any time. Spickprofi will repair the product immediately or replace it with a new one.
condition for rental option
The rental period begins one day after delivery. The set must be returned on the last day of the rental. If you rent the set for up to 3 days and it arrives on Monday, for example, you must return it by Thursday evening at the latest. Sundays and public holidays also count as rental days. If the camera is not returned on time, the difference to the next highest rental period will be charged. The decisive factor is the receipt at the store. If the maximum rental period is exceeded, you are obliged to purchase it.
Applicable Law
(1) These Terms shall be governed by and construed in accordance with the laws of the [Federal Republic of Germany] (without regard to its conflict of law provisions).
(2) The European Commission provides a platform for online dispute resolution (ODR), available at: https://ec.europa.eu/consumers/odr/. Please note that we are not obliged to settle disputes with consumers before alternative dispute resolution bodies.
MISCELLANEOUS
(1) A waiver by either party of any breach or default under these Terms shall not constitute a waiver of any preceding or subsequent breach or default.
(2) The headings used in these Terms and Conditions are for convenience only and have no legal significance.
(3) Unless expressly provided otherwise, if any part of these Terms is held to be unlawful or unenforceable for any reason, it is agreed that that part of the Terms shall be struck out and the remaining Terms shall remain unaffected and in full force and effect.
(4) You may not assign your agreement with us under these Terms or all or part of your rights or obligations under them without our prior written consent.
(5) These Terms constitute the entire agreement and supersede all prior written or oral agreements between you and us relating to the Services and the sale of Products.
(6) The provisions of these Terms which by their nature are intended to survive any such action by us shall survive, including without limitation provisions relating to indemnities, releases, exclusions of liability, limitations of liability and this Miscellaneous Section.
cancellation policy
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last goods.
To exercise your right of withdrawal, you must inform us (Spickprofi, info@spickprofi.de ) by means of a clear statement (e.g. by e-mail) of your decision to withdraw from this contract.
consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you promptly and at the latest within fourteen days of receiving your cancellation notice. For the refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise.
Exceptions to the Right of Withdrawal
The right of withdrawal does not apply to contracts for:
- Goods that are not prefabricated and whose production is based on individual selection or determination by the consumer (Section 312g Paragraph 2 No. 1 of the German Civil Code). This applies to our set and our mini camera, which is tailored specifically to your requirements, such as the focus setting of the camera or the selection of the headphone color.
- Sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery (Section 312g Paragraph 2 No. 3 of the German Civil Code). This applies in particular to our headphones.
Contact:
To contact us, please send an email to:
Markus Sommer
Genter Str. 70
13353 Berlin
E-Mail: info@spickprofi.de
Status: November 5, 2024