Terms of service

General Terms and Conditions of Business and Delivery at SPREADGROUP

 

  • 1 General

 

Your contractual partner for all orders within the scope of the online offer of SPREADGROUP is sprd.net AG, Giesserstrasse 27, 04229 Leipzig (Commercial Register at the District Court of Leipzig, HRB 22478), hereinafter referred to as "SPREADGROUP".

 

Conflicting or deviating terms and conditions of the customer shall only be binding if SPREADGROUP has accepted them in writing.

 

  • 2 Conclusion of contract

 

(1) The "offers" contained on the website represent a non-binding invitation to the customer to place an order with SPREADGROUP.

 

(2) The customer can place a selected or designed product in the virtual shopping cart without obligation. The contents of the shopping cart can be viewed at any time by clicking the "Shopping Cart" button. The products can be removed from the shopping cart by clicking the "Delete" button. If the customer wants to buy the products in the shopping cart, he has to click on the button "Check out".

 

(3) By sending the completed order form on the website of SPREADGROUP via the button "Pay now" or "Pay with PayPal", the customer makes a binding offer to conclude a contract with SPREADGROUP. Before the final submission, the customer has the opportunity on an overview page to check the correctness of his entries and to correct them by selecting the button "Page back" in the web browser.

 

SPREADGROUP sends the customer an order confirmation by e-mail in response to the customer's offer and checks the feasibility of the customer's offer. The order confirmation does not constitute an acceptance of the offer, but is only intended to inform the customer that his order has been received by SPREADGROUP. The contract is only concluded when SPREADGROUP ships the ordered product to the customer and confirms the shipment to the customer with a second e-mail (shipping confirmation). This does not apply if the customer selects a "prepayment" payment method in the ordering process; in this case, the request for payment already represents the acceptance of the offer, which takes place within a maximum of 2 days after the submission of the binding offer of the customer. The following languages are currently available for the ordering process: German and English. SPREADGROUP stores the contract information and sends the customer the order data as well as these General Terms and Conditions of Business and Delivery by e-mail. The General Terms and Conditions of Business and Delivery can also be viewed at any time at Terms of Service. The details of past orders can also be viewed online on SPREADGROUP's website in the customer's user account, if the customer has set up a user account.

 

(4) The conclusion of the contract is subject to timely and complete self-delivery. This reservation shall not apply in the event of short-term delivery disruptions or if SPREADGROUP is responsible for the non-delivery, in particular by failing to make a congruent covering transaction in due time. The customer shall be informed immediately of the non-availability of the performance. If the consideration has been rendered by the customer, it shall be refunded.

 

  • 3 Delivery/ Shipping

 

(1) Delivery shall be made by a shipping service provider to be selected by SPREADGROUP. The customer shall bear shipping costs, which may depend on the order value and the place to which delivery is to be made. Current shipping prices can be viewed at Delivery Times & Costs.

 

(2) SPREADGROUP is entitled to make partial deliveries only if

  1. a) the partial delivery is usable by the customer within the scope of the contractual purpose,
  2. b) the delivery of the remaining ordered goods is ensured, and
  3. c) the customer does not incur significant extra efforts or additional expenses.

 

  • 4 Payment

 

(1) Payment shall be made at the option of the customer by credit card, Paypal, or other payment methods. SPREADGROUP reserves the right to limit the payment methods between which a customer may choose, depending on order value, shipping region, or other factual criteria.

 

(2) If the payment method selected by the customer is not feasible despite contractual execution on the part of SPREADGROUP, in particular because a debit from the customer's account is not possible due to a lack of funds in the customer's account or due to the provision of incorrect data, the customer shall reimburse SPREADGROUP or the third party commissioned by it with the processing for the additional costs incurred as a result.

 

(3) The customer shall only be entitled to rights of set-off or retention to the extent that his claim has been legally established or is undisputed. Furthermore, the customer may only exercise a right of retention if the customer's claim is based on the same contractual relationship. In the event of defects in delivered goods, the customer's counter rights shall remain unaffected.

 

(4) The Customer agrees to receive electronic invoices only. The invoices shall be made available to the customer in PDF format by e-mail.

 

  • 5 Retention of title

 

(1) The goods shall remain the property of SPREADGROUP until all claims to which SPREADGROUP is entitled under the contract have been settled.

 

(2) The customer is obligated to treat the goods with care until the transfer of ownership to him.

 

  • 6 Warranty

 

(1) Insofar as a defect subject to warranty exists, the customer shall be entitled within the framework of the statutory provisions to demand subsequent performance, to withdraw from the contract or to reduce the purchase price. The customer shall only be entitled to claim damages in accordance with § 7.

 

(2) If the Customer is an entrepreneur, the limitation period for warranty claims shall be one year.  For customer's claims for damages in accordance with § 7, the statutory limitation periods shall apply exclusively.

 

  • 7 Liability - Responsibility

 

(1) a) SPREADGROUP shall be liable for damages, regardless of the legal grounds, in the event of intent and gross negligence.

 

  1. b) In the case of simple negligence, SPREADGROUP shall only be liable aa) for damages resulting from injury to life, body, or health or bb) for damages resulting from the violation of an essential contractual obligation (obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner regularly relies and may rely). In the event of a breach of an essential contractual obligation, however, SPREADGROUP's liability shall be limited to compensation for the foreseeable, typically occurring damage.

 

  1. c) Any liability of SPREADGROUP that exceeds the liability set forth in this paragraph (1) is excluded, irrespective of the legal basis of the liability (including contractual liability, tort, negligence, or any indemnification claims).

 

  1. d) Any exclusions or limitations of SPREADGROUP's liability arising from this paragraph (1) shall not apply aa) insofar as SPREADGROUP fraudulently conceals a defect from the customer, bb) insofar as SPREADGROUP has given the customer a guarantee for the quality of the goods, and cc) insofar as SPREADGROUP is liable regardless of fault on the basis of a statutory provision, including liability under the German Product Liability Act.

 

(2) To the extent that any liability of SPREADGROUP is excluded or limited by paragraph (1), this shall also apply to any personal liability for damages of SPREADGROUP's corporate bodies, legal representatives, employees, agents and vicarious agents.

 

  • 8 Information about the right of withdrawal for consumer

 

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 good.

 

To exercise the right of withdrawal, you must inform us (sprd.net AG, Gießerstr. 27, 04229 Leipzig, Deutschland, service-toxicator@spreadgroup.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. 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.

 

Effects 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; in any event, you will not incur any fees as a result of such reimbursement.

 

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. The cost is estimated at a maximum of approximately 4 GBP. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

 

Exceptions to the right to cancel

 

Revocation of this contract is not possible with regard to the delivery of goods that have not been pre-fabricated, and which have been either selected individually or that have been explicitly personalised by the customer to meet his personal preferences.

 

Model withdrawal form

 

(complete and return this form only if you wish to withdraw from the contract)

  • To sprd.net AG, SPREADGROUP, Gießerstr. 27, 04229 Leipzig, Deutschland, service-toxicator@spreadgroup.com:
  • I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
  • Ordered on (*)/received on (*),
  • Name of consumer(s),
  • Address of consumer(s),
  • Signature of consumer(s) (only if this form is notified on paper),
  • Date

(*) Delete as appropriate.

 

  • 9 Rights to Print Designs, Release from Liability

 

(1) "Provided Material" as used below includes all information, motifs, including print motifs and, if applicable, fonts and typefaces, or other materials provided by the customer to SPREADGROUP in connection with the order and / or (in the case of material adaptation or design by SPREADGROUP on behalf of the customer) released by the customer.

 

(2) The customer warrants to SPREADGROUP and SPREADGROUP's affiliated companies, legal representatives, employees, and vicarious agents that the material provided does not violate any applicable statutory provisions (in particular provisions under criminal law and provisions for the protection of minors) or third-party rights (in particular copyrights, personal rights, trademark rights, and similar industrial property rights). The customer shall inform SPREADGROUP immediately if third parties assert rights to Provided Materials.

 

(3) If Provided Materials violate legal regulations or the rights of third parties, SPREADGROUP and SPREADGROUP's affiliated companies, legal representatives, employees, and vicarious agents shall be entitled to demand compensation from the Customer for damages they have suffered as a result of the violation. In particular, the customer is obligated to indemnify and hold harmless SPREADGROUP and SPREADGROUP' affiliated companies, legal representatives, employees, and agents from any lawsuits, proceedings, claims, damages, costs, or other expenses incurred as a result of third parties asserting the infringement of their rights against said beneficiaries.

 

(4) The customer is solely responsible for checking the provided material for the violation of legal regulations and rights of third parties. If it turns out or if the justified suspicion arises that the material provided for a contract violates legal regulations or rights of third parties, SPREADGROUP is entitled, in addition to all possible claims, defenses, and legal remedies, to reject the conclusion of the contract or to withdraw from such a contract.

 

  • 10 Technical and design deviations

 

In the performance of the contract, SPREADGROUP reserves the right to deviations customary in the trade from the descriptions and information in SPREADGROUP’S catalogs, including SPREADGROUP’s website, with regard to material quality, color, weight, dimensions, design or similar characteristics of the goods, insofar as these deviations are reasonable for the customer. Reasonable reasons for changes may result from fluctuations customary in the trade and technical production processes.

 

  • 11 Dispute resolution

 

The European Commission provides a platform for online dispute resolution (OS), which can be found at https://ec.europa.eu/consumers/odr/aufgerufen. SPREADGROUP is not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

 

  • 12 Place of Jurisdiction - Place of Performance - Choice of Law

 

(1) The place of performance for all deliveries is SPREADGROUP's place of business in Leipzig.

 

(2) If the customer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the place of jurisdiction shall be Leipzig. In this case, SPREADGROUP shall also be entitled, at SPREADGROUP's discretion, to sue the customer at the court of the customer's residence court. The same shall apply in the event that the customer does not have a general place of jurisdiction in Germany, relocates his place of residence or habitual abode outside of Germany after conclusion of the contract, or his place of residence or habitual abode is unknown at the time the action is filed.

 

(3) The contract in accordance with these General Terms and Conditions of Business and Delivery shall be governed exclusively by the laws of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods and any other intergovernmental agreements, even after their adoption into German law, is excluded. If the customer is a consumer and has his habitual residence abroad, mandatory consumer protection provisions of this state shall remain unaffected by the choice of law (Art. 6 para. 2 sentence 2 Regulation (EC) 593/2008).

 

(4) Should individual provisions of these General Terms and Conditions of Business and Delivery be invalid, the remainder of the contract shall remain valid. Insofar as provisions are invalid, the content of the contract shall be governed by the statutory provisions. However, the contract shall be invalid as a whole if adherence to it would constitute an unreasonable hardship for one of the contracting parties, even taking into account the amendment provided for in sentence 2.