Conditions

(1) This website (the “Site”) and/or the services, including all related mobile applications (collectively: the “Services”) and all offers and sales of products (“Products”) through the Site, are owned and operated by spickprofi (hereinafter also referred to as “we”, “us” and “our”). These terms and conditions (“Terms”) set out the conditions under which visitors or users (collectively: “Users” or “you”) may access and/or use the Site and/or the Services and purchase Products.

(2) By accessing or using the services, you agree to these terms and conditions and become legally bound by them. If you do not agree to all of the terms and conditions, you may not access the site or use the services. Please read these terms and conditions carefully before accessing our site, using the services, or purchasing products. These terms and conditions explain who we are, how we sell products to you, how you can cancel your purchase, and what to do if you have any problems.

(3) You represent that you are of legal age and have the legal capacity, right, and freedom to enter into a binding agreement based on these terms and conditions and to use the services and purchase products. If you are a minor, you need 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 terms and conditions applicable at the time.

(2) When you purchase a product: (i) you are responsible for reading the product description in full before making a binding purchase, and (ii) completing an order on the Site (by completing a payment process via the "Place Order" button or a similar button) may constitute a legally binding contract for the purchase of the relevant product, unless these terms and conditions provide otherwise.

(3) You can select products from our product range and add them to your shopping cart by clicking the corresponding button. Our prices are listed on the website. We reserve the right to change our prices at any time and to correct any unintentional pricing errors. These changes will not affect the price of products you have already purchased. During checkout, you will see an overview of all the products you have added to your shopping cart. This overview includes the essential characteristics of each product, the total price for all products, the applicable sales tax/value-added tax (VAT), and, if applicable, the shipping costs. On the checkout page, you also have the opportunity to review the products and quantities and, if necessary, change, remove, or correct them. You can also use the editing function to identify and correct any input errors before placing your final, binding order. All stated delivery times begin upon receipt of your payment. By clicking the "Place Order" button, you are placing a binding order to purchase the listed products at the stated price and shipping costs. To complete the order process via the "Order subject to payment" button, you must first acknowledge these terms and conditions as legally binding for your order by clicking the corresponding box.

(3a) Note regarding delivery times:
We always strive to deliver all orders within the stated timeframes. However, delays may occur in individual cases that are beyond our control (e.g., due to shipping providers, customs clearance, or unforeseen external circumstances). We accept no liability for such delays.

(3b) Camera compatibility note:

Our cameras are highly specialized and individually customized. Please note that compatibility with certain devices – especially smartphones – cannot be guaranteed in every case, although this is very rare. It is the buyer's responsibility to inquire with us about the camera's suitability for their specific model before purchasing. Returns due to incompatibility are excluded, as this is a custom-configured product within the meaning of § 312g para. 2 no. 1 of the German Civil Code (BGB).

(4) We will then send you an email confirmation of receipt for your order, which will list your order details and which you can then print or save using the appropriate 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 for the purchase of the products is concluded as soon as we send you an order confirmation by email. This confirmation constitutes acceptance of your order. Until this point, we are not obligated 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 agreement will be concluded in German. After conclusion of the contract, the terms and conditions will be stored by us; you will no longer have access to them.

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Storage of online payment details

You can save a preferred payment method for future use. In this case, we will store this payment information in accordance with applicable industry standards, if any (e.g., PCI, DSS). You can identify your saved card by its last four digits.

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Permitted use

(1) Our services are provided to you for informational purposes and for private, non-commercial use only. When using our services, you must comply with these terms and all applicable laws.

(2) Unless expressly permitted by these Terms, you are not allowed to: (i) use our Services in an unlawful or fraudulent manner (including infringing the rights of third parties) or for purposes of collecting personal information or impersonating other users; (ii) alter or use our copyright, trademark, or other proprietary notices or interfere with the security-related functions of our Services; (iii) use our Services in any way to manipulate or falsify content or undermine the integrity and accuracy of content, or take any action to disrupt, damage, or interrupt any part of our Services; (iv) use our Services to send, receive, upload/post, or download material that does not comply with our Content Standards; (v) use our Services to transmit or facilitate the transmission of unsolicited or unauthorized advertising or promotional material; (vi) to use our services to transmit or upload data to our services that contains viruses, Trojan horses, worms, time bombs, keystroke logging, spyware, adware, or other harmful programs or similar computer code designed to interfere with the operation of computer software or hardware; (vii) to use robots, spiders, other automated devices, or manual processes to monitor/copy our or any other sites or the content contained in our services, or to use network monitoring software to determine the architecture of our services or to extract usage data from our services; (viii) to engage in any behavior that restricts or prevents other users from using our services; or (ix) to use our services for commercial purposes or in connection with any commercial activity without our prior written consent. You agree to fully cooperate with us in investigating any activity that is suspected or actual to violate these terms.

(3) The use of our products is subject to applicable legal provisions for the protection of personal rights and data protection. You agree to use our products exclusively for legally permissible purposes and not to make any recordings or transmissions that could infringe the personal rights or data protection rights of other persons. Using our products for covert surveillance without the necessary consent of the person(s) concerned is expressly prohibited and may result in legal consequences.

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Intellectual property rights

(1) Our Services and related content (and all derivative works or improvements thereof), including but not limited to 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, as well as interactive features and all intellectual property rights therein, are either owned by us or licensed to us (collectively, "our Intellectual Property Rights") and nothing in these Terms grants you any rights in connection with our Intellectual Property Rights. Unless expressly stated herein or required by mandatory legal provisions for the use of the Services, you do not acquire any rights, title, or interest in 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 will be granted the rights as set out on the Site with regard to such content.

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Disclaimer of warranty for the use of the site and the services

The services, our intellectual property rights, and all information, materials, and content provided in connection therewith and made freely available to users are provided "as is" and without warranties of any kind, express or implied (including warranties of fitness for a particular purpose or warranties regarding the security, reliability, timeliness, accuracy, and performance of our services, among others) – except in cases of malicious failure to disclose defects. We do not warrant 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. This does not affect the warranty for products you purchase from us as described in the "Product Warranty" section above.

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Changes to the terms and services; discontinuation

We reserve the right to amend these terms and conditions from time to time at our sole discretion to reflect changes in the law, additional features we may introduce, or as we otherwise evolve our business. Therefore, you should review these terms and conditions regularly and, in any case, during the checkout process when purchasing products. The new terms and conditions will apply to any new order you place after the effective date of the new terms and conditions. If ongoing services you use are affected by changes to the terms and conditions, we will give due consideration to your legitimate interests. We will notify you of such changes in a timely manner. The changes will be deemed accepted by you if you do not object to them within two months of receiving this notification. We will inform you of this in our notification. If you object to the changes, we have the right to terminate the agreement with immediate effect – without any further obligations to you – effective on the effective date of the changes.

We may modify the services, discontinue the provision of the services or one or more features of the services offered, or restrict the services. We may terminate or suspend access to the services themselves permanently or temporarily – without giving reasons and without further obligation. Where possible under the circumstances, we will notify you in advance of such actions and will duly consider your legitimate interests in taking such measures.

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Links to third-party websites

The services may contain links that allow you to leave the site. Unless otherwise stated, the linked pages are not under our control, and we are not responsible for the content of linked pages, for links contained on a linked page, or for changes and updates to such pages. We are not responsible for transmissions received from a linked website. Links to third-party websites are provided for informational purposes only. The fact that we have included links to other websites does not imply that we endorse their owners or their content.

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Limitation of liability

1. General Liability: We are liable only in cases of intent, gross negligence, negligent injury to life, body, or health, or slight negligence in the breach of essential contractual obligations. In the case of slight negligence in the breach of essential obligations, liability is limited to foreseeable damages typical for this type of contract.
2. 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 accept no liability for damages resulting from such misuse.
3. Third-party disclaimer: We are not liable for products, services, or actions of third parties.
4. Exclusion of liability for failure to follow instructions: Damages resulting from failure to follow our operating instructions or other instructions are not covered by our liability.
5. Product liability and warranties: Our liability under the Product Liability Act or for explicitly given warranties remains unaffected by the above provisions.
6. Scope of application: These limitations of liability apply to our contractual and non-contractual liability as well as to the liability of our managing directors, officers, legal representatives, employees and agents.

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Warranty and return conditions

1. Returns and cancellations: The buyer is responsible for the return shipping costs. A €25 fee will also be charged, which the buyer must pay. This amount will be deducted from the refund. This fee is also payable in the case of a cancellation.

Important: The buyer is responsible for ensuring that the goods arrive undamaged and in working order. A refund can only be issued if the return is received by us in proper condition. Please contact us in advance for the correct return address and further instructions.

1. Warranty: Should an item malfunction, it can be sent in for repair or replacement at any time. Spickprofi will promptly repair the product or replace it with a new one.
2. Missing items: If one or more items are missing, this must be reported to us immediately upon receipt, and no later than 3 days. Otherwise, no refund or replacement can be issued.

Applicable law

(1) These terms and conditions shall be governed by and construed in accordance with the laws of the [Federal Republic of Germany] (without regard to its conflict of laws provisions).

(2) The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at: https://ec.europa.eu/consumers/odr/. Please note that we are not obligated to settle disputes with consumers before alternative dispute resolution bodies.

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MISCELLANEOUS

(1) A waiver by either party of any breach or default under these terms shall not constitute a waiver of any prior or subsequent breaches or defaults.

(2) The headings used in these terms and conditions are for convenience only and shall not have any legal significance.

(3) Unless expressly stated otherwise: if any part of these terms and conditions is deemed unlawful or unenforceable for any reason, it is agreed that such part of the terms and conditions shall be deleted and the remaining terms and conditions shall remain unaffected and in full force and effect.

(4) Without our prior written consent, you may not assign your agreement with us under these terms and conditions, nor any part of your contractual rights or obligations.

(5) These terms and conditions 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 and conditions which, by their nature, are intended to survive such action on our part shall remain in effect, in particular with regard to provisions concerning indemnities, indemnities, exclusions of liability, limitations of liability and this section ‘Miscellaneous’.

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Cancellation policy

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical 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 statement (e.g. by e-mail).

Consequences of revocation

If you cancel this contract, we will reimburse all payments received from you without undue delay and at the latest within fourteen days of receiving your cancellation notice. For this reimbursement, we will use the same payment method 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 concerning:

1. Goods that are not prefabricated and for whose production an individual selection or specification by the consumer is decisive (§ 312g para. 2 no. 1 BGB). This applies to our cheat sheet and our cameras, which are specially tailored to your requirements, such as an individual focus setting of the camera.
2. Sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery (§ 312g para. 2 no. 3 of the German Civil Code). This applies in particular to our headphones.
3. A calculator that is individually configured for exam support.

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Contact:

To contact us, please send an email to:

Markus Sommer
Genter Str. 70
13353 Berlin
Email: info@spickprofi.de

As of November 5, 2024