General terms and conditions

Christiane Debacher eKfr
– Spider-Point – Gewerbestraße 12
77966 Kappel-Grafenhausen
– hereinafter supplier –

§ 1 Scope

(1) The services of the Provider for the online store at www.spider-point.com are provided exclusively on the basis of the following General Terms and Conditions in the version valid at the time of the order.
(2) Our General Terms and Conditions shall apply exclusively. Any general terms and conditions of the customer deviating from our general terms and conditions shall not be valid unless we expressly agree to them.

§ 2 Conclusion of contract

(1) Our offers on the Internet represent a non-binding invitation to the customer to order goods. By sending the order on our website, the customer makes a binding offer to conclude a contract.
(2) The confirmation of receipt of the order follows immediately after sending the order and does not yet constitute acceptance of the contract. We can accept your order by sending an order confirmation by e-mail within 5 days.

§ 3 Payment, Default

(1) The prices listed on our website at the time of the order shall apply. All prices are inclusive of the statutory value added tax and plus the respective shipping costs listed.
(2) Payment of the purchase price is possible by bank transfer/advance payment and cash on delivery.
(3) If the customer is in default of payment, we shall be entitled to charge default interest in the amount of 5 percentage points above the base interest rate of the European Central Bank. In the event that we claim a higher damage caused by delay, the customer shall have the possibility to prove that the claimed damage caused by delay was not incurred at all or at least in a significantly lower amount.

§ 4 Retention of title

We retain ownership of the delivered item until the purchase price has been paid in full.

§ 5 Delivery

(1) Delivery shall be made within 14 days from receipt of order. We point out possible deviating delivery times on the respective product page. The start of the delivery time stated by us presupposes the timely and proper fulfillment of the customer’s obligations, in particular the correct specification of the delivery address as part of the order.
(2) If the Provider is unable to deliver the ordered goods through no fault of its own because the Provider’s supplier fails to fulfill its contractual obligations, the Customer shall be informed immediately that the ordered goods are not available. Any counter-performance already rendered by the contractual partner shall be reimbursed without delay. The legal claims of the customer remain unaffected.
(3) With respect to entrepreneurs, the risk of deterioration or loss of the goods shall pass to the Purchaser upon handover of the delivery item to the transport company. If the handover or dispatch is delayed for reasons for which the Purchaser is responsible, the risk shall pass to the Purchaser on the date of notification that the delivery item is ready for dispatch.

§ 6 Default of acceptance

(1) If the customer is in default of acceptance or culpably violates other duties to cooperate, we shall be entitled to demand compensation for the damage incurred by us as a result, including any additional expenses. We reserve the right to assert further claims.
(2) Interest shall be paid on the purchase price during the period of default. The default interest rate per annum shall be five percentage points above the prime rate. In the case of legal transactions between entrepreneurs, the interest rate shall be eight percentage points above the prime rate.
(3) For its part, the customer reserves the right to prove that no damage or at least substantially less damage has been incurred in the amount demanded. The risk of accidental loss or accidental deterioration of the object of sale shall pass to the Purchaser at the point in time at which the Purchaser is in default of acceptance or debtor’s delay.

§ 7 Warranty

(1) In the event of a defect, the customer shall have the choice of whether subsequent performance is to be effected by repair or replacement delivery. However, we shall be entitled to refuse the type of subsequent performance chosen by the customer if it is only possible at disproportionate cost and the other type of subsequent performance does not involve any significant disadvantages for the customer.
(2) The duration of the warranty is 2 years for new goods. The duration of the warranty is 1 year for used goods if the customer is a consumer.
The warranty for used goods is excluded if the customer is an entrepreneur.
(3) If the supplementary performance has failed or if we have refused the supplementary performance altogether, the customer may, at its option, demand a reduction of the purchase price or declare its withdrawal from the contract. Any claims for damages on the part of the customer shall remain unaffected by this.
(4) If the Customer is an entrepreneur within the meaning of § 14 BGB (German Civil Code), the following shall apply to the Customer’s warranty claims as agreed: Obvious defects must be reported to the supplier in writing without delay, at the latest within 14 calendar days after delivery of the goods, hidden defects must also be reported in writing without delay, at the latest within 14 calendar days after they become known. If the notification of defects is not made in due time, the warranty rights of the customer related to the defect not notified in due time are excluded. However, this does not apply if the supplier has fraudulently concealed the defect and/or has assumed a corresponding guarantee. Warranty claims shall become statute-barred – except in the case of claims for damages – within one year after delivery of the purchased item to the entrepreneur.

§ 8 Limitation of liability

(1) In the event of a slightly negligent breach of duty, the liability of the Provider and the Provider’s vicarious agents shall be limited to the direct average damage that is foreseeable and typical for the type of goods. We and our vicarious agents shall not be liable for slightly negligent breaches of non-contractual obligations, the breach of which does not jeopardize the performance of the contract.
(2) The foregoing limitations of liability shall not apply to claims based on product liability or warranty or to claims based on bodily injury or damage to health or loss of your life.

§ 9 Data protection

We treat your personal data confidentially and in accordance with the statutory data protection regulations. Your data will not be passed on without your express consent or only within the framework of the necessary processing of the contract, for example to the companies entrusted with the delivery of the goods.

§ 10 Applicable law, place of jurisdiction

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, insofar as this choice of law does not result in a consumer being deprived of mandatory consumer protection standards.
(2) If the contracting parties are merchants, the court at our registered office in Kappel-Grafenhausen shall have jurisdiction, unless an exclusive place of jurisdiction is established for the dispute. This also applies if the customer does not reside within the European Union.

§ 11 Final provision

To the extent that any provision of this Agreement is or becomes invalid or unenforceable, the remaining provisions of this Agreement shall not be affected thereby.

§ 12 Revocation

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

Online-Streitbeilegung: Die Europäische Kommission stellt unter https://ec.europa.eu/consumers/odr/ eine Plattform zur Online-Streitbeilegung (nach Art. 14 Abs. 1 ODR-Verordnung) zur Verfügung. Wir sind dazu nicht verpflichtet und auch nicht bereit.

An english version of these conditions can be sent to you on request.