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General Terms and Conditions

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  1. Scope of Application

  2. Conclusion of Contract

  3. Right of Withdrawal

  4. Prices and Payment Terms

  5. Delivery and Shipping Conditions

  6. Retention of Title

  7. Liability for Defects (Warranty)

  8. Special Conditions for Repair Services

  9. Special Conditions for the Processing of Goods According to Customer Specifications

  10. Redemption of Promotional Vouchers

  11. Redemption of Gift Vouchers

  12. Applicable Law

  13. Jurisdiction

  14. Alternative Dispute Resolution

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  1.  Scope of Application

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  • These General Terms and Conditions (hereinafter "Terms") of SparkLin UG (haftungsbeschränkt) (hereinafter "Seller") apply to all contracts a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding goods and/or services presented in the online shop. The inclusion of the Customer's own conditions is opposed unless otherwise agreed.

  • For the purchase of vouchers, these Terms apply accordingly unless expressly agreed otherwise.

  • A 'consumer' is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activities. An 'entrepreneur' is a natural or legal person or a legal partnership acting in the exercise of their commercial or independent professional activity when concluding a legal transaction.

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2.  Conclusion of Contract

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  • The product descriptions in the Seller's online shop do not constitute binding offers but serve to submit a binding offer by the Customer.

  • The Customer can submit the offer via the Seller's online ordering form. After placing selected goods/services in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contract offer regarding the goods/services in the shopping cart by clicking the button concluding the ordering process.

  • The Seller can accept the Customer's offer within five days by sending a written order confirmation or an order confirmation in text form (fax or email), in which case the receipt of the order confirmation by the Customer is decisive, or by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or by requesting payment from the Customer after placing the order. If several of the aforementioned alternatives occur, the contract is concluded at the time one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins the day after the Customer sends the offer and ends on the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within this period, this is considered a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.

  • Upon submitting an offer via the Seller's online order form, the contract text is stored by the Seller and sent to the Customer in text form (e.g., email, fax, or letter) after sending their order. The Seller does not provide further access to the contract text.

  • Before submitting the binding order via the Seller's online order form, the Customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's magnification function, which enlarges the display on the screen. During the electronic ordering process, the Customer can correct their inputs using the usual keyboard and mouse functions until they click the button concluding the ordering process.

  • The language available for the conclusion of the contract is German.

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3.  Right of Withdrawal

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  • Consumers are generally entitled to a right of withdrawal.

  • Further information on the right of withdrawal can be found in the Seller's withdrawal instructions.

  • The right of withdrawal does not apply to consumers who are not residents of a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address at the time of the conclusion of the contract are outside the European Union.

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4.  Prices and Payment Terms

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  • Unless otherwise stated in the Seller's product description, the prices mentioned are total prices that include statutory sales tax. Any additional delivery and shipping costs will be specified separately in the respective product description.

  • Payment can be made using one of the methods mentioned in the Seller's online shop.

  • For deliveries to countries outside the European Union, additional costs may be incurred that are not the responsibility of the Seller and must be borne by the Customer. This includes, for example, costs for money transfers through banks (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties).

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5.  Delivery and Shipping Conditions

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  • Delivery of goods is made on the shipping route to the delivery address specified by the Customer, unless otherwise agreed.

  • If delivery of the goods fails for reasons the Customer is responsible for, the Customer bears the reasonable costs incurred by the Seller.

  • Self-collection is not possible due to logistical reasons.

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6.  Retention of Title

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  • Until full payment, the goods remain the property of the Seller.

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7.  Liability for Defects (Warranty)

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  • If the purchased item is defective, statutory warranty regulations apply.

  • The Customer is requested to report any obvious transport damages to the deliverer and inform the Seller about it. If the Customer fails to comply, this has no effect on their legal or contractual claims for defects.

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8. Special Conditions for Repair Services

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  • Not applicable to SparkLin UG (haftungsbeschränkt).

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9. Special Conditions for the Processing of Goods According to Customer Specifications

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  • Not applicable to SparkLin UG (haftungsbeschränkt).

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10. Redemption of Promotional Vouchers

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  • Promotional vouchers are vouchers that cannot be purchased but are issued as part of promotional campaigns with a specific validity period.

  • Promotional vouchers can only be redeemed in the Seller's online shop and only within the specified period.

 

11. Redemption of Gift Vouchers

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  • Gift vouchers can only be redeemed in the Seller's online shop.

  • Gift vouchers and any remaining credit of gift vouchers are redeemable until the end of the third year following the year of the voucher purchase.

 

12. Applicable Law

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  • German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.

 

13. Jurisdiction

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  • If the Customer is an entrepreneur, the jurisdiction is at the Seller's location.

 

14. Alternative Dispute Resolution

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  • The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.

  • The Seller is not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.

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