Terms of service
General Terms and Conditions of Business
of the Spoontainable GmbH
1 Scope of Application
The business relationship between Spoontainable GmbH and the customer is governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating terms and conditions of the customer will not be recognized unless the supplier expressly agrees to their validity in writing.
These Terms and Conditions of Sale shall also apply to all future transactions with the Purchaser and/or Customer, insofar as legal transactions of a related nature are concerned. Should the general terms and conditions change, this must be communicated immediately.
2 Offer and conclusion of a contract
Requests for the preparation of an offer are non-binding. We submit a binding offer in text form to business customers, which can be accepted within 14 days.
The following regulations apply to orders placed via our Internet store https://www.spoontainable.shop:
In case of a conclusion of contract, the contract is concluded with
Registration number HRB 736696
Register Court Mannheim
comes into effect.
To conclude the purchase contract, the customer selects the products he wishes to purchase and places them in the shopping cart by clicking the button "add to cart". The ordering process is closed after entering the required data by clicking the button "Pay now" and a binding application is created. The data can be viewed and changed before the order is completed.
Subsequently, the customer receives an order confirmation to the e-mail he has deposited. In addition, the customer receives the contract text, which consists of terms and conditions and cancellation policy and the order confirmation.
3 Prices and payment
Unless otherwise agreed in writing, our net prices ex works including packaging and plus value added tax at the applicable rate shall apply to contracts concluded with business customers per offer. Shipping costs shall be invoiced separately.
In the case of contract conclusions with business customers, the buyer has to pay the goods to the seller without deduction at the latest 14 days after receipt of the goods as well as receipt of the invoice to the account indicated on the invoice. In case of new customers, the gross purchase price is due and payable to the seller immediately after the conclusion of the contract. Delivery costs are borne by the buyer and were shown in the offer already submitted.
The prices stated in the Internet store include the statutory sales tax and other price components. In addition, there are any shipping costs.
The buyer has the option of payment by PayPal, credit card, prepayment or invoice at the conclusion of the purchase in the Internet store.
4 Rights of retention
The purchaser is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
5 Delivery time
The commencement of the delivery period stated by us shall be subject to the timely and proper fulfillment of the customer's obligations. We reserve the right to plead non-performance of the contract.
If the customer is in default of acceptance or culpably violates other obligations to cooperate, we shall be entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses. We reserve the right to assert further claims.
Unless the product description given in our Internet store is clearly stated otherwise, all items offered by us are ready for immediate shipment. Delivery will be made within 5 working days at the latest. The delivery period begins on the day after the conclusion of the contract. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the period ends on the next working day.
6 Transfer of risk in case of shipment
If the goods are shipped to the Purchaser at the Purchaser's request, the risk of accidental loss or accidental deterioration of the goods shall pass to the Purchaser upon dispatch to the Purchaser, at the latest upon leaving the factory/warehouse. This shall apply irrespective of whether the goods are dispatched from the place of performance or who bears the freight costs.
7 Retention of title
We retain title to the delivered goods 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 shall be entitled to take back the object of sale if the purchaser acts in breach of contract.
The customer is entitled to resell the goods in the normal course of business. A non-binding price recommendation will be given on request.
8 Right of withdrawal of consumers
Consumers are entitled to a right of revocation according to the following regulations, whereby a consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity:
a) Cancellation policy
You have the right to revoke this contract within 14 days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods. In order to exercise your right of revocation, you must send us
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You may use the enclosed sample revocation form for this purpose.
b) Consequences of revocation
In the event of revocation of the contract concluded via the Internet store, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
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 the earlier. You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. The cost of returning the goods will be borne by you.
9 Cancellation form
If you want to revoke the contract concluded via the internet store, 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 (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of consumer(s)
Signature of the consumer(s) (only in case of paper communication)
(*) Delete as applicable.
10 Warranty and notice of defects as well as recourse/manufacturer recourse
Warranty rights of the purchaser presuppose that the purchaser has properly fulfilled his obligations to inspect the goods and give notice of defects in accordance with § 377 of the German Commercial Code (HGB).
Claims for defects shall become statute-barred 12 months after delivery of the goods supplied by us to our customer. The statutory limitation period shall apply to claims for damages in the event of intent and gross negligence as well as in the event of injury to life, body and health which are based on an intentional or negligent breach of duty on the part of the user.
Our consent must be obtained prior to any return of the goods.
If, despite all due care and attention, the delivered goods show a defect which was already present at the time of the transfer of risk, we shall, at our discretion, either repair the goods or supply replacement goods, subject to timely notification of defects. We shall always be given the opportunity to remedy the defect within a reasonable period of time. Claims under a right of recourse shall remain unaffected by the above provision without restriction.
If the subsequent performance fails, the customer may - without prejudice to any claims for damages - withdraw from the contract or reduce the remuneration.
Claims by the customer for expenses incurred for the purpose of subsequent performance, in particular transport, travel, labor and material costs, shall be excluded insofar as the expenses increase because the goods delivered by us have subsequently been taken to a place other than the customer's place of business, unless the transfer is in accordance with their intended use.
The Purchaser's right of recourse against us shall exist only to the extent that the Purchaser has not entered into any agreements with its customer exceeding the statutory mandatory claims for defects.
This contract and the entire legal relationship between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
The place of performance and exclusive place of jurisdiction and for all disputes arising from this contract is our registered office.