AGB

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Terms and Conditions with Customer Information
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Table of Contents
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1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Special Conditions for the Processing of Goods According to Certain Customer Specifications
10. Redemption of Promotional Vouchers
11. Redemption of Gift Vouchers
12. Applicable Law
13. Alternative Dispute Resolution


1) Scope
1.1 These Terms and Conditions (hereinafter "T&Cs") of Spreier und Schmidt GbR (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These T&Cs apply accordingly to contracts for the delivery of vouchers, unless otherwise regulated in this respect.
1.3 A consumer within the meaning of these T&Cs is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed either to their commercial or to their independent professional activity.
1.4 An entrepreneur within the meaning of these T&Cs is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer may also submit the offer to the Seller by e-mail.
2.3 The Seller may accept the Customer's offer within five days,
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the Customer is decisive in this respect, or
- by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive in this respect, or
- by requesting payment from the Customer after the Customer has placed the order.
If several of the aforementioned alternatives exist, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends upon expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or - if the Customer does not have a PayPal account - subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays by means of a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time at which the Customer clicks the button that concludes the ordering process.
2.5 When ordering via the Seller's online order form, the contract text is stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent their order. The Seller does not make the contract text accessible beyond this. If the Customer has created a user account in the Seller's online shop before sending their order, the order data is archived on the Seller's website and can be retrieved by the Customer free of charge via their password-protected user account by providing the corresponding login data.
2.6 Before bindingly submitting the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detecting input errors may be the browser's zoom function, with the help of which the display on the screen is enlarged. Within the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing and contact usually take place by e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them for order processing is correct, so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with order processing can be delivered.

3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.

4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices that include statutory value added tax. Any additional delivery and shipping costs that may arise are stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, further costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise with regard to money transfers if delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the Customer in the Seller's online shop.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If a payment method offered via the payment service "Apple Pay" is selected, payment processing is carried out by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). The individual payment methods offered via Apple Pay are communicated to the Customer in the Seller's online shop. Apple may use further payment services to process payments, for which special payment terms may apply where applicable, to which the Customer will be separately referred where applicable. Further information on Apple Pay is available on the Internet at https://www.apple.com/de/apple-pay/.
4.6 If a payment method offered via the payment service "Mollie" is selected, payment processing is carried out by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: "mollie"). The individual payment methods offered via Mollie are communicated to the Customer in the Seller's online shop. Mollie may use further payment services to process payments, for which special payment terms may apply where applicable, to which the Customer will be separately referred where applicable. Further information on "Mollie" is available on the Internet at https://www.mollie.com/de/.
4.7 If a payment method offered via the payment service "Klarna" is selected, payment processing is carried out via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms in this regard can be viewed here:
https://www.gluecksfieber.de/zahlungsarten/

5) Delivery and Shipping Terms
5.1 If the Seller offers shipment of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing is decisive.
5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs of outward shipment if the Customer effectively exercises their right of withdrawal. For the return shipping costs, in the event of effective exercise of the right of withdrawal by the Customer, the provision made in this regard in the Seller's withdrawal policy applies.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon handover of the goods to the Customer or to a person authorized to receive them. In derogation from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer in the case of consumers as soon as the Seller has delivered the item to the forwarding agent, carrier or other person or institution designated to carry out the shipment, if the Customer has commissioned the forwarding agent, carrier or other person or institution designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.
5.4 If the Customer acts as a consumer with residence in Germany or as an entrepreneur, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. However, this applies only in the event that non-delivery is not the responsibility of the Seller and the Seller has concluded a specific covering transaction with the supplier with the required care. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed without delay and the consideration will be refunded without delay.
5.5 Self-collection is not possible for logistical reasons.
5.6 Vouchers are provided to the Customer as follows:
- by post

6) Retention of Title
If the Seller performs in advance, the Seller retains title to the delivered goods until full payment of the purchase price owed.

7) Liability for Defects (Warranty)
Unless otherwise provided in the following provisions, the statutory liability for defects applies. In derogation from this, the following applies to contracts for the delivery of goods:
7.1 If the Customer acts as an entrepreneur,
- the Seller has the choice of the type of subsequent performance;
- for new goods, the limitation period for rights arising from defects is one year from delivery of the goods;
- for used goods, rights arising from defects are excluded;
- the limitation period does not begin anew if a replacement delivery is made within the scope of liability for defects.
7.2 If the Customer acts as a consumer, the following applies to contracts for the delivery of used goods with the restriction of the following clause: The limitation period for claims for defects is one year from delivery of the goods if this has been expressly and separately contractually agreed between the parties and the Customer was specifically informed of the shortening of the limitation period before submitting their contractual declaration.
7.3 The liability limitations and shortening of periods regulated above do not apply
- to claims of the Customer for damages and reimbursement of expenses,
- in the event that the Seller has fraudulently concealed the defect,
- to goods that have been used for a building in accordance with their usual manner of use and have caused its defectiveness,
- to any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.5 If the Customer acts as a merchant within the meaning of Section 1 HGB, the Customer is subject to the commercial duty of inspection and notification of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations regulated there, the goods are deemed approved.
7.6 If the Customer acts as a consumer, the Customer is asked to complain to the delivery agent about delivered goods with obvious transport damage and to inform the Seller of this. If the Customer fails to do so, this has no effect whatsoever on their statutory or contractual claims for defects.

8) Liability
The Seller is liable to the Customer for all contractual, quasi-contractual and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:
8.1 The Seller is liable without limitation on any legal grounds
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, body or health,
- on the basis of a guarantee promise, unless otherwise regulated in this respect,
- on the basis of mandatory liability, such as under the Product Liability Act.
8.2 If the Customer acts as a consumer with residence in Germany or as an entrepreneur, the following liability limitations apply:
If the Seller negligently breaches a material contractual obligation, the Seller's liability is limited to the foreseeable damage typical for the contract, unless the Seller is liable without limitation pursuant to the preceding clause. Material contractual obligations are obligations that the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on compliance with which the Customer may regularly rely. Otherwise, liability of the Seller is excluded, unless the Seller is liable without limitation pursuant to the preceding clause.
8.3 The foregoing liability provisions also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

9) Special Conditions for the Processing of Goods According to Certain Customer Specifications
9.1 If, according to the content of the contract, the Seller owes not only the delivery of goods but also the processing of the goods according to certain Customer specifications, the Customer must provide the Seller with all content required for the processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the Seller and grant the Seller the rights of use required for this purpose. The Customer alone is responsible for procuring and acquiring rights to this content. The Customer declares and assumes responsibility that they possess the right to use the content provided to the Seller. In particular, the Customer shall ensure that no third-party rights are infringed thereby, in particular copyright, trademark and personal rights.
9.2 The Customer shall indemnify the Seller against claims by third parties that they may assert against the Seller in connection with an infringement of their rights through the Seller's contractual use of the Customer's content. In this respect, the Customer shall also assume the necessary costs of legal defense, including all court and attorney fees in the statutory amount. This does not apply if the Customer is not responsible for the infringement. In the event of a claim by third parties, the Customer is obliged to provide the Seller without delay, truthfully and completely with all information required for examining the claims and for a defense.
9.3 The Seller reserves the right to reject processing orders if the content provided by the Customer for this purpose violates statutory or official prohibitions or good morals. This applies in particular in the event of provision of content that is anti-constitutional, racist, xenophobic, discriminatory, insulting, harmful to minors and/or glorifying violence.

10) Redemption of Promotional Vouchers
10.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specified validity period and which cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can be redeemed only in the Seller's online shop and only during the specified period.
10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the Promotional Voucher.
10.3 Promotional Vouchers can be redeemed only before completion of the ordering process. Subsequent offsetting is not possible.
10.4 Only one Promotional Voucher can be redeemed per order.
10.5 If the Promotional Voucher relates to a specific value and not to a percentage price reduction, the value of the goods must at least correspond to the amount of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.
10.6 If the value of the Promotional Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference amount.
10.7 The balance of a Promotional Voucher is neither paid out in cash nor bears interest.
10.8 The Promotional Voucher will not be refunded if the Customer returns, within the scope of their statutory right of withdrawal, the goods paid for in whole or in part with the Promotional Voucher.
10.9 The Promotional Voucher is intended only for use by the person named on it. Transfer of the Promotional Voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.

11) Redemption of Gift Vouchers
11.1 Vouchers that can be purchased via the Seller's online shop (hereinafter "Gift Vouchers") can be redeemed only in the Seller's online shop, unless otherwise stated in the voucher.
11.2 Gift Vouchers and remaining balances of Gift Vouchers can be redeemed until the end of the third year after the year of purchase of the voucher. Remaining balances are credited to the Customer until the expiry date.
11.3 Gift Vouchers can be redeemed only before completion of the ordering process. Subsequent offsetting is not possible.
11.4 Gift Vouchers can be used only for the purchase of goods and not for the purchase of further Gift Vouchers.
11.5 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference amount.
11.6 The balance of a Gift Voucher is neither paid out in cash nor bears interest.
11.7 The Gift Voucher is intended only for use by the person named on it. Transfer of the Gift Voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.

12) Applicable Law
All legal relationships of the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

13) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.


Copyright Notice: These T&Cs were created by the specialist lawyers of IT-Recht Kanzlei and are protected by copyright (https://www.it-recht-kanzlei.de)

Version: 16.07.2026, 08:39:31