Terms of service

1 Scope

1. The following General Terms and Conditions, in the version valid at the time of the order, apply exclusively to the business relationship between Spoontainable GmbH and the customer. Deviating terms and conditions of the customer will not be recognized unless the provider expressly agrees to their validity in writing.
2. These Terms and Conditions of Sale also apply to all future transactions with the purchaser and/or customer, provided they involve legal transactions of a similar nature. Any changes to these Terms and Conditions must be communicated immediately.

2 Offer and conclusion of a contract

1. Requests for a quote are non-binding. We provide business customers with a binding offer in text form, which can be accepted within 14 days.

1. For orders via our online shop https://www.spoontainable.shop The following regulations apply:

1. In case of a contract conclusion, the contract is concluded with

conditions.

1. To conclude the purchase agreement, the customer selects the products they wish to purchase and places them in the shopping cart by clicking the "Add to cart" button. After entering the required data, the order process is completed by clicking the "Pay now" button, creating a binding order. The data can be viewed and changed before completing the order.

1. The customer will then receive an order confirmation to the email address they provided. The customer will also receive the contract text, which consists of the general terms and conditions, the cancellation policy, and the order confirmation.

3 Prices and Payment

1. Unless otherwise agreed in writing, our net prices ex works, including packaging and plus VAT at the applicable rate, apply to contracts concluded with business customers based on a quotation. Shipping costs will be invoiced separately.

1. In the case of contracts concluded with business customers, the buyer must pay the seller for the goods without deductions no later than 14 days after receipt of the goods and receipt of the invoice, using the account specified on the invoice. For new customers, the gross purchase price is due and payable to the seller immediately upon conclusion of the contract. Delivery costs are borne by the buyer and are stated in the previously submitted offer. We reserve the right to issue existing customers or non-new customers with a payment due date immediately after conclusion of the contract. This applies, for example, to goods valued at or above €7,500 or to customers residing outside of Germany.

1. The prices listed in the online shop include statutory sales tax and other price components. Any shipping costs are added.

1. When completing a purchase in the online shop, the buyer has the option of making payment via PayPal, credit card, advance payment or invoice.

4 Rights of retention

The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

5 delivery time

1. The start of the delivery period specified by us is subject to the timely and proper fulfillment of the customer's obligations. The right to assert a defense of non-fulfillment of the contract remains reserved.

1. If the customer defaults on acceptance or culpably violates other obligations to cooperate, we shall be entitled to demand compensation for any resulting damages, including any additional expenses. Further claims remain reserved.

1. Unless the product description in our online shop clearly states otherwise, all items offered by us are ready for immediate dispatch. Delivery will take place within 5 working days at the latest. The delivery period begins on the day after the contract is concluded. If the delivery period falls on a Saturday, Sunday, or public holiday at the delivery location, the delivery period ends on the following working day.

6 Transfer of risk upon dispatch

If the goods are shipped to the customer at the customer's request, the risk of accidental loss or accidental deterioration of the goods shall pass to the customer upon dispatch to the customer, at the latest upon leaving the factory/warehouse. This applies regardless of whether the goods are shipped from the place of performance or who bears the freight costs.

7 Retention of title

1. We retain title to the delivered item until all claims arising from the delivery contract have been paid in full. This also applies to all future deliveries, even if we do not always expressly refer to this. We are entitled to take back the purchased item if the customer acts in breach of contract.

1. The purchaser is entitled to resell the goods in the normal course of business. A non-binding recommended retail price will be provided upon request.

8 Consumers’ right of withdrawal

Consumers are entitled to a right of withdrawal under the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity:

 a)  Widerrufsbelehrung

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods. To exercise your right of withdrawal, you must notify us

Spoontainable GmbH

Carl-Friedrich-Gauß-Ring 5

69124 Heidelberg

E-mail sales@spoontainable.de

by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose.

b)  Widerrufsfolgen

If you cancel the contract concluded via the online shop, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the date on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the cost of returning the goods.

9 Cancellation form

If you wish to cancel the contract concluded via the online shop, please fill out this form and send it back to:

Sample cancellation form

I/ we (*) hereby revoke the contract concluded by me/ us (*) for the purchase of the following goods (*)/ the provision of the following service (*)

10 Warranty and notification of defects as well as recourse/manufacturer's recourse

1. The customer's warranty rights presuppose that he has duly fulfilled his obligations to examine and give notice of defects according to § 377 HGB.

1. Claims for defects expire 12 months after delivery of the goods delivered by us to our customer. The statutory limitation period applies to claims for damages in cases of intent and gross negligence, as well as injury to life, body, or health resulting from an intentional or negligent breach of duty by the user.

Prior to returning the goods our permit is to be requested.

1. Should, despite all due care, the delivered goods exhibit a defect that already existed at the time of transfer of risk, we will, at our discretion, repair the goods or deliver replacement goods, subject to timely notification of defects. We must always be given the opportunity to remedy the defect within a reasonable period of time. Recourse claims remain unaffected by the above provision without restriction.

1. If the supplementary performance fails, the purchaser can - without prejudice to any claims for damages - withdraw from the contract or reduce the payment.

1. Claims by the customer for the expenses required for the purpose of supplementary performance, in particular transport, travel, labor and material costs, are excluded if the expenses increase because the goods delivered by us were subsequently taken to a location other than the customer's branch has been made, unless the shipment corresponds to its intended use.

1. The customer's right of recourse against us only exists insofar as the customer has not made any agreements with his customer that go beyond the legally mandatory claims for defects.

11 Other

1. This contract and the entire legal relationship between the parties are subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention (CISG).
2. The place of performance and exclusive jurisdiction for all disputes arising from this contract is our registered office.