Delivery conditions for Spized Online Shop
1 General, definition of terms
1.1 The subject of the delivery conditions is the conclusion and processing of the contracts concluded with you – hereinafter: Customer –, via our online shop at www.spized.de.
1.2 The online shop is offered by Spized GmbH, represented by its managers Robin Teppich, Iltisstraße 6, 50825 Cologne, Tel.: +49 221 99989099, registered in the Commercial Register of the Cologne Office under the registration number HRB 98887, VAT ID number DE325981059 – hereinafter: Spized –. –.
1.3 The provision and execution of the contracts shall be made exclusively in accordance with the following delivery conditions in the version valid at the time of the order. Deviating general terms and conditions of the customer are not accepted unless Spized expressly agrees to their validity.
1.4 he Customer is a consumer if the purpose of the order cannot be attributed predominantly to professional or self-employed activities. In contrast, the company is any natural person or legal entity or partnership with legal capacity which, when concluding the contract, is active in the exercise of its commercial or self-employed activity.
1.5 These delivery conditions and the electronic order form can be saved and/or printed by the customer on their computer/printer.
2 Ordering process, conclusion of contract, sample dispatch
2.1 The offers in the online shop at www.spized.com/en are non-binding requests to the Customer to order from Spized.
2.2 With the 3D configurator offered in Spized's online shop, the Customer can design sports clothes such as shirts, jerseys, pants and shorts, in different colours and designs according to their own expectations and supplement them with individual logos, emblems as well as information on player names and sponsors (goods according to Customer specification).
2.3 The Customer has the option of having samples sent to him for inspection of quality and size. He shall treat the samples carefully and with care and is liable for the destruction, loss, damage and other deterioration. The Customer shall then return the samples to Spized at its own expense and risk within 14 days of receipt, unless otherwise agreed with Spized. Samples that are not returned under the aforementioned conditions can be invoiced by Spized on the basis of the sales price at the time of the sample order. The Customer is permitted to prove that less or no damage has occurred.
2.4 By clicking on the button “Place in shopping basket”, the customer selects the respective goods for the virtual shopping basket. This process is not binding and does not constitute the offer of a contract. Before submitting a binding contract offer, the content of the order including the data is summarized on an overview page. The Customer can view all the data there and correct and also cancel it via the change fields provided. By clicking the button “Order subject to payment”, the customer submits a binding offer for the purchase of the goods in the shopping basket. However, the offer can only be submitted and transmitted if these terms and conditions are accepted by clicking on the button “Accept delivery conditions” and are therefore included in the application.
2.5 After the order has been placed, the customer receives an automatic confirmation of receipt by email confirming the receipt of the order and indicating the details (receipt confirmation). The receipt confirmation can be printed out via the “Print” function; however, this only documents the receipt of the order by Spized and does not represent a contract acceptance. The contract is only concluded upon the submission of the declaration of acceptance by Spized, which is sent with a separate email (order confirmation). In this email or in a separate email, but at the latest upon delivery of the goods, the text of the contract (consisting of order, delivery conditions and order confirmation) is sent to the Customer by Spized on a permanent data carrier (email or paper printout) (confirmation of contract). The text of the contract is stored in compliance with the data protection regulations.
2.6 The contract is concluded in English.
3 Delivery, availability of goods, prices, shipping costs
3.1 The delivery times specified by Spized are calculated from the time of the confirmation of the order. If there is no time specified for the respective goods in the online shop, or no deviating delivery time is given, delivery takes up to two weeks.
3.2 If no copies of the goods selected by the Customer are available at the time of the Customer's order, Spized shall inform the customer of this immediately in the receipt confirmation. A contract does not come into being in this case.
3.3 All prices in the Spized online shop are understood to include the applicable VAT.
3.4 The corresponding shipping costs shall be sent to the Customer in the order form and shall be borne by the Customer unless otherwise agreed or the Customer makes use of his right of revocation.
3.5 The goods are shipped by post. Spized bears the shipping risk if the Customer is a consumer.
4 Retention of title
The delivered goods shall remain the property of Spized until they have been paid for in full. If the Customer is a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch [HGB]), Spized shall retain ownership of the delivered goods until receipt of all payments from the business relationship. The Customer shall treat the goods carefully and with care until the transfer of ownership.
5.1 Spized shall be liable for material defects in accordance with the applicable statutory regulations, in particular in accordance with §§ 434 et seq. German Civil Code. In relation to contractors, the warranty period for goods delivered by Spized is 12 months from the transfer of risk.
5.2 Spized shall make every effort to deliver the goods in accordance with the colours and customer specifications in pursuant to Clause 2.2. However, slight colour variations are always possible and unavoidable in textile printing. Deviations in colour, quality, material, weight or other aspects that are common and technically unavoidable are not a reason for the customer to submit a complaint.
6.1 Claims of the customer for compensation are excluded. This excludes claims for damage arising from injury to life, body, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damage based on an intentional or grossly negligent breach of duty by Spized, its legal representatives or assistants. Significant contract obligations are those that are necessary to achieve the objective of the contract.
6.2 BIn the event of a breach of essential contractual obligations, Spized shall only be liable for the typical, foreseeable damage, if this was caused by simple negligence, unless the customer has claims for damage arising from an injury to life, body or health.
6.3 The restrictions of Clauses 6.1 and 6.2 shall also apply in favour of the legal representatives and vicarious agents of Spized if claims are asserted directly against them.
6.4 The limitations of liability resulting from Clauses 6.1 and 6.2 do not apply if Spized has fraudulently concealed the defect or has assumed a guarantee for the suitability of the item. The same applies if Spized and the customer have reached an agreement about the quality of the matter. The regulations of the product liability law remain unaffected.
7 Data protection
Spized collects, processes and saves the data necessary for transaction processing. The data is handled confidentially in accordance with data protection laws and is not passed on to third parties. Details can be found in the data protection declaration.
8 Cancellation policy
8.1 Upon conclusion of a distance selling transaction, consumers fundamentally have a statutory right of cancellation, which Spized shall inform them of subsequently in accordance with the statutory provisions. Section 8.2 contains a sample cancellation form.
Right of cancellation
You have the right to revoke this contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the day on which you or a third party designated by you who is not the carrier took possession of the goods.
In order to exercise your right of cancellation, you must inform us, Spized GmbH, represented by the Managing Director Robin Teppich, Iltisstraße 6, 50825 Cologne, Tel: +49 221 99989099, [email protected], by means of a clear declaration (e.g. a letter sent by post, fax or email) about your decision to cancel this contract. You can use the attached sample cancellation form, but this is not mandatory. You can also complete and submit the sample cancellation form or another clear declaration electronically on our website www.spized.de. If you make use of this option, we will send you a confirmation of receipt of such a cancellation immediately (e.g. by email).
In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Consequences of cancellation
If you cancel this contract, we shall immediately repay all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you selected a different type of delivery than the cheapest standard delivery offered by us) and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. We use the same method of payment you used for the original transaction for this repayment, unless otherwise expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us, Spized GmbH, represented by the Managing Director Robin Teppich, Iltisstraße 6, 50825 Cologne, without delay and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You will bear the direct costs of returning the goods. You shall be only liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods.
8.2 Spized provides the following information about the legal notification on the sample cancellation form:
Sample cancellation form
(If you wish to cancel the contract, please complete this form and return it to:
Spized GmbH, represented by the Managing Director Robin Teppich, Iltisstraße 6, 50825 Cologne, Tel: +49 221 99989099, [email protected],
I/we hereby cancel (*) the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notification on paper)
(*) Please delete as applicable
8.3 The right of cancellation for consumers pursuant to Clauses 8.1 and 8.2 does not apply to the ordering of goods that are not prefabricated and for whose manufacture an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal requirements of the consumer. This includes the goods pursuant to customer specifications according to Clause 2.2.
9 Mandatory information pursuant to the Consumers' Dispute Settlement Act (VSBG):
We are not obligated or willing to participate in a dispute resolution procedure before a consumer arbitration board within the meaning of the Consumer Dispute Resolution Act (VSBG).
10 Rights of third parties, indemnification from liability
10.1 The release of a use or publication of the sporting goods created with the 3D configurator is the responsibility of the customer. He undertakes to check the sports item beforehand for its correctness, completeness and legality.
10.2 The customer warrants that the sports clothing it designs does not violate any third-party rights or statutory provisions. These include, for example, the provisions of copyright, design and design patent law, name, trademark and labelling law, and also competition law (no deception, etc.). However, this also includes the provisions of the clubs and associations.
10.3 If the customer violates the provisions of this clause, it shall indemnify Spized against all claims and entitlements arising from this and shall bear all costs. This also includes the necessary costs for legal defence and prosecution.
11 Spized self-promotion, use of references
11.1 Spized may name the customer on the website or in other media as reference customers. Spized may publicly reproduce or refer to the sports article created by the customer with the 3D configurator in full or in part in digital or analog media for demonstration purposes. This includes a presentation on its own website, for example within the framework of a (design) competition with the sports articles of other customers.
11.2 Clause 11.1 does not apply if the customer demonstrates a reasonable interest to the contrary.
12 Final provisions
12.1 Contracts between Spized and the customer are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The legal regulations on the limitation of the choice of law and the applicability of the regulations, in particular in the state in which the customer as user has his habitual residence, remain unaffected.
12.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the jurisdiction for all activities arising from contractual relationships between the customer and Spized is the registered office of Spized.
12.3 DThe contract shall remain binding even in the event of the legal invalidity of individual clauses in its remaining parts. In place of the ineffective clause, the legal provisions shall apply, if applicable. Insofar as this would create an unreasonable hardship for a contracting party, the contract shall become invalid in its entirety.