General terms and conditions of business
TERMS AND CONDITIONS
Spickprofi – spickprofi.de
Status: March 2026
──────────────────────────────────────────
§ 1 Scope and Provider
(1) These General Terms and Conditions ("T&Cs") apply to all orders and purchases made through the online shop spickprofi.de ("Shop") as well as through all associated mobile applications (together: "Services").
(3) By using the Services and placing an order, you agree to these T&Cs. Please read them carefully before making a purchase.
(4) You affirm that you are of legal age or have the consent of your parents or a legal guardian.
──────────────────────────────────────────
§ 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 contained 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 acknowledgment 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, Sofortüberweisung), 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 T&Cs, by email on a durable medium.
(6) The contract language is German.
──────────────────────────────────────────
§ 3 Prices and Payment
(1) All prices are in Euros and include the statutory value-added tax. Shipping costs will be shown separately during the ordering process.
(2) We reserve the right to change prices at any time. Changes do not affect orders already placed.
(3) Available payment methods are displayed at checkout.
──────────────────────────────────────────
§ 4 Delivery
(1) All stated delivery times apply from receipt of payment.
(2) We endeavor to deliver within the stated deadlines. 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 visible 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 case of late notification, 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.
──────────────────────────────────────────
§ 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 designated by you, who is not the carrier, took 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 email) of your decision to withdraw from this contract.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
CONSEQUENCES OF WITHDRAWAL
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.
You will bear the direct cost of returning the goods.
──────────────────────────────────────────
§ 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 returning the goods.
(3) You are responsible for ensuring that the goods arrive at our premises undamaged and functional. A refund will be issued after inspection of the returned goods.
──────────────────────────────────────────
§ 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 compensation.
(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.
──────────────────────────────────────────
§ 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.
──────────────────────────────────────────
§ 9 Usage Notice
(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 affected persons is expressly prohibited and may result in legal consequences.
──────────────────────────────────────────
§ 10 Liability
(1) We are liable without limitation in cases of intent, gross negligence, and injury to life, body, or health.
(2) In cases of slight negligence in violating essential contractual obligations (cardinal obligations), our liability is limited to the foreseeable, contract-typical damage.
(3) Otherwise, liability for slight negligence is excluded.
(4) Liability under the Product Liability Act and for expressly assumed guarantees remains unaffected.
(5) We are not liable for damages resulting from misuse or illegal use of our products, and not for damages due to non-compliance with the operating instructions.
(6) The foregoing limitations of liability also apply in favor of our vicarious agents.
──────────────────────────────────────────
§ 11 Intellectual Property
All content of the Services (texts, images, graphics, software, trademarks) is our property or licensed. Reproduction, distribution, or use beyond the intended purpose is not permitted without our prior written consent.
──────────────────────────────────────────
§ 12 Data Protection
Information on the processing of personal data can be found in our data protection policy at spickprofi.de/pages/datenschutz.
──────────────────────────────────────────
§ 13 Links to Third Parties
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.
──────────────────────────────────────────
§ 14 Product-Specific Notes and Restrictions on 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 delivered 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 removing the seal, the right of withdrawal is excluded according to § 312g para. 2 no. 3 BGB.
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) You will be informed of the respective exclusion of withdrawal in the ordering process before you complete your order.
──────────────────────────────────────────
§ 15 Amendment of the T&Cs
(1) We reserve the right to amend these T&Cs 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.
──────────────────────────────────────────
§ 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 not willing to participate in dispute resolution proceedings before a consumer arbitration board.
──────────────────────────────────────────
§ 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 their habitual residence do not provide more extensive protection.
(2) Should a provision of these T&Cs be or become invalid, the remaining provisions shall remain unaffected.
(3) These T&Cs 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
Email: info@spickprofi.de
Status: 5.11.2024
