General Terms & Conditions
§ 1 General
- The contract is concluded with Dr. Spiller GmbH, Voglinger Straße 11, 83313 Siegsdorf, Germany (hereinafter: Dr. Spiller).
- These General Terms and Conditions as valid at the time of conclusion of the contract shall be applicable to all business relations between Dr. Spiller and the customer. This applies especially irrespective of whether online or offline business relations are concerned. Diverging and/or supplementary terms and conditions of the customer shall not be applicable. Any tacit recognition of diverging and/or supplementary terms and conditions of the customer by Dr. Spiller is excluded.
§ 2 Online shop, registration
For being able to use the online shop of Dr. Spiller, the customer must register under the domain http://www.dr-spiller.com and provide the required information correctly and in full.
§ 3 Offer and formation of contract
- The (online) representation of the range of goods offered by Dr. Spiller is not a legally binding offer of contract but merely an invitation to order. Errors and/or modifications shall be reserved. Information on goods and prices during the ordering process is not binding. Offers made by Dr. Spiller are subject to confirmation.
- The order placed by a customer constitutes an offer to Dr. Spiller to enter into a purchase contract. Dr. Spiller reserves the right to decide freely on the acceptance of this offer. When the customer has placed an order with Dr. Spiller, Dr. Spiller will send an email to the customer confirming the receipt of the order and specifying the details of the order (order confirmation). This order confirmation shall not be deemed an acceptance of the offer but is only meant to inform the customer that Dr. Spiller received his order. A contract is only brought about when Dr. Spiller sends the goods ordered to the customer and when the dispatch to the customer is confirmed by a second email (confirmation of dispatch). A purchase contract is not brought about with respect to goods from one and the same order not being specified in the confirmation of dispatch.
- If an offer of the customer is not accepted by Dr. Spiller, Dr. Spiller will notify the customer thereof.
- Staff members of Dr. Spiller shall not be authorised to make verbal collateral agreements or to provide verbal assurances going beyond the content of the contract concluded in written form.
- If Dr. Spiller has entered into a specific covering transaction to meet its supply commitment in relation to the customer and if the supplier of Dr. Spiller fails to deliver the goods owed or fails to deliver the goods in a correct manner or in due time, Dr. Spiller shall be entitled in relation to the customer to withdraw from the contract. Dr. Spiller shall immediately inform the customer about the non-availability and shall immediately refund any considerations provided by the customer. The statutory claims of the customer remain unaffected.
§ 4 Right of withdrawal for consumers
Instruction on the right of withdrawal
Right of withdrawal
You are entitled to withdraw from this contract without giving reasons within a period of fourteen days.
The withdrawal period shall be fourteen days counting from the day when you or a third party appointed by you, which is not the carrier, have/has taken possession of the goods. In order to exercise your right of withdrawal, you have to inform us
Dr. Spiller GmbH,
Voglinger Straße 11,
Phone: +49 08662 4984 0
Fax: +49 08662 4984 7000
about your decision to withdraw from this contract by means of an explicit declaration (e.g. letter sent by post, fax or email). For this purpose you can use the attached standard withdrawal form which, however, is not mandatory. You can also electronically fill in and submit the standard withdrawal form or another explicit declaration on our website www.dr-spiller.com Should you make use of this possibility, we will send you immediately (e.g. by email) a confirmation of the receipt of such withdrawal.
For observing the withdrawal period it is sufficient that you send the communication concerning the exercise of the right of withdrawal before expiration of the withdrawal period.
Consequences of the withdrawal
If you withdraw from this contract, we shall refund to you all payments received from you, including the delivery expenses (with the exception of any additional costs which are due to your having chosen a type of delivery other than the most advantageous standard delivery offered by us), without delay and not later than fourteen days from the day on which we received the communication concerning your withdrawal from this contract. For this refund we will use the same means of payment which you used for the initial transaction, unless otherwise expressly agreed with you; in no event will we charge you for this refund. We may withhold the refund until we have received the goods back, or until you have furnished evidence of having sent back the goods, whichever is the earlier. You are obliged to send the goods back or return them to us immediately, but at all events no later than fourteen days counting from the day on which you inform us about the withdrawal from this contract. The time limit is observed if you dispatch the goods before expiration of the period of fourteen days. You shall bear the direct cost of returning the goods. You shall only be liable for any diminished value of the goods if said diminished value results from a handling of the goods which is not necessary to ascertain the nature, qualities and functioning of the goods. The right of withdrawal does not exist with the following contracts:
- Contracts for the delivery of goods which are not prefabricated and which are manufactured in accordance with the consumer’s individual choice or specification or which are clearly tailored to the personal needs of the consumer;
- Contracts for the delivery of goods which can perish quickly or whose “best before” date would quickly be exceeded.
End of instruction on the right of withdrawal
§ 5 Prices
- The prices indicated on the product pages in the online offer include the statutory value-added tax and other price components. Forwarding costs are not included.
- Dr. Spiller charges the prices as applicable on the day when the order was received.
- In addition to the prices indicated, we charge for delivery within Germany € 4,00 per order. All forwarding costs are clearly communicated once again on the product pages, in the shopping cart system and on the order page (forwarding costs abroad, if applicable additional packaging charges). Costs involving delivery charges, cartage, cash on delivery charges as well as a special type of transport desired by the customer shall be borne by the recipient.
§ 6 Terms of payment
- Dr. Spiller offers alternatively the following methods of payment: direct debiting, cash on delivery, PayPal or cash before delivery.
- When the payment method “cash before delivery” is chosen, Dr. Spiller shall communicate the bank details to the customer in the order confirmation and deliver the goods after receipt of payment.
§ 7 Delivery, passing of risk
- Goods are delivered within Germany as well as to the following countries: Austria and Switzerland
- Unless otherwise agreed, the delivery shall be ex warehouse of Dr. Spiller to the delivery address indicated by the customer. Information on the availability of goods is provided on the website of Dr. Spiller. Dr. Spiller points out explicitly that all details concerning availability, dispatch or delivery of goods constitute non-binding and provisional information as well as approximate guidelines. They are not deemed to be binding and/or guaranteed dates of dispatch and/or delivery. Something different shall apply only if a binding date is mentioned explicitly during the order transaction in connection with the delivery options of the respective goods.
- The goods shall be supplied solely as offered by Dr. Spiller in the respectively current online catalogue.
- Partial deliveries are admissible to the extent that this is deemed acceptable to the customer when balancing the interests of the customer and Dr. Spiller.
- Claims for damages due to delays in delivery or unavailable goods cannot be asserted. Force majeure and other unforeseen events which are beyond the control of Dr. Spiller and which somehow affect proper delivery shall release Dr. Spiller from the obligation to supply for the respective duration of such interference and/or hindrance; in the event of continuing hindrance, Dr. Spiller shall be entitled to withdraw from the contract.
- As a rule, deliveries shall be carried out by UPS (United Parcel Service).
§ 8 Payment
- All payments shall accrue to Dr. Spiller in the full amount.
- Payments to Dr. Spiller shall be due no later than on the date of invoice.
- The customer will be in default at the latest if he fails to make payment within 30 days after the due date and if the customer was explicitly notified of this consequence in the invoice.
- After default has occurred, interest will have to be paid on the claim of Dr. Spiller. The rate of default interest shall be five percentage points above the base rate for the year.
- In the case of default in payment Dr. Spiller shall be entitled, despite contrary terms and conditions of the customer, to first credit payments against older debts of the customer. Dr. Spiller shall inform the customer about the type of setoff that has been effected. In the event that costs have already been incurred and interest has already accrued, Dr. Spiller shall be entitled to credit the payment first against the costs, then against the interest and last of all against the main debt.
- In the event of any return debit entry, all costs shall be borne by the customer. Costs incurred due to extra work in the amount of EUR 25,00 will be charged additionally. Evidence showing that lower or higher damage has occurred is admissible. Future orders will then be carried out only against payment in advance or per cash on delivery. If acceptance of goods supplied on the basis of cash on delivery is refused, further deliveries will only be carried out against cash in advance.
- The customer is not entitled to effect a setoff against any counterclaims, unless the counterclaims are uncontested or recognized by declaratory judgment.
- The customer shall only be entitled to exercise rights of retention if his counterclaim is based on the same contractual relationship.
§ 9 Reservation of title
- Except for the payment method “cash on delivery”, the goods shall be delivered only after full payment of the amount due.
- Dr. Spiller retains title to all goods delivered until all claims of Dr. Spiller against the customer – also from earlier or later deliveries of goods – are fully settled.
- The customer is obliged to immediately notify Dr. Spiller in writing of any seizure of goods of Dr. Spiller as well as the institution of insolvency proceedings against the assets of the customer so that Dr. Spiller can bring an action according to Section 771 ZPO [German Code of Civil Procedure] or Section 805 ZPO.
§ 10 Return of goods
- The customer shall not be entitled to return to Dr. Spiller goods that were ordered and properly delivered.
- The regulation under § 10 (1) shall not apply in cases where the customer has a statutory right of withdrawal or where a party withdraws from the contract pursuant to Sections 437 No. 2, 440, 323, 326 (5), 346 et seq. BGB [German Civil Code].
§ 11 Claims based on defects
- If the item purchased shows a defect, the statutory provisions shall be applicable. The assignment of these claims of the customer is excluded.
- If subsequent performance is carried out by means of substitute delivery, the customer is obliged to return the defective goods to Dr. Spiller at the expense of Dr. Spiller. Dr. Spiller reserves the right to claim surrender of the benefits gained according to Sections 346 et seq., 439 (4) BGB [German Civil Code].
- In the event that claims for damages are asserted by the customer, the following restrictions shall apply: Claims for compensation of damage that was not caused to the delivery item itself are excluded. This exclusion of liability shall not be applicable in cases of intent or gross negligence and in cases of damage resulting from injury to life, body or health, which is based on a negligent breach of duty of Dr. Spiller or an intentional or negligent breach of duty of a statutory representative or vicarious agent of Dr. Spiller, as well as in cases of other damage that is based on a grossly negligent breach of duty of Dr. Spiller or an intentional or grossly negligent breach of duty of a statutory representative or vicarious agent of Dr. Spiller and in cases of fault-based breach of essential contractual obligations as well as in cases of liability according to the Product Liability Act and when a warranty is given for the existence of characteristic features. In the event of any fault-based breach of essential contractual obligations, Dr. Spiller shall only be liable for damage which is reasonably foreseeable in connection with contracts of this type.
- Dr. Spiller shall not assume any independent warranty for specific qualities of the goods and, in particular, the information on the goods available on the Internet page of Dr. Spiller is not deemed to represent such warranty.
- The customer’s claims based on defects exist in addition to, and independently of the right of withdrawal.
§ 12 Data protection
- The customer is aware that Dr. Spiller stores data of the customer due to the contractual relationship. This data shall be used solely for processing orders and shall be transmitted to third parties only if and to the extent that this is necessary for the execution of the contract. The customer explicitly consents to the storage of his data for these purposes.
- Dr. Spiller shall be entitled to store, process and transmit data relating to the movement of goods and payment transactions.
§ 13 Settlement of disputes
- The EU Commission provides a platform for the online settlement of disputes (Online Dispute Resolution) between consumers and traders (“ODR platform”). The online dispute resolution is meant to provide an out-of-court resolution of disputes arising from online transactions. Link to the ODR platform of the EU Commission: www.ec.europa.eu/consumers/odr.
- Dr. Spiller is neither obliged nor willing to participate in dispute resolution procedures before a consumer dispute resolution body as defined by the German law on alternative dispute resolution in consumer matters (VSBG).
§ 14 Miscellaneous
- German law shall apply exclusively with the UN Sales Convention being excluded.
- Should one or several provisions of the above General Terms and Conditions be or become ineffective, the validity of the remaining provisions shall not be affected thereby.
- Deviations from these Terms and Conditions are in each case subject to written agreement and/or confirmation. The same applies to the modification of this requirement of written form.
Version 22 March 2017