Terms of service
General terms and conditions of business
thespirituals
Tatiana Wimmer
Weinbergstrasse 6
84431 Heldenstein/Lauterbach
Germany
Email: info@thespirituals.de
Telephone: +49 15110393445
VAT ID number: DE348160248
1. Scope
1.1 The following General Terms and Conditions apply exclusively to the business relationship between thespirituals, Tatjana Wimmer, Weinbergstraße 6, 84431 Heldenstein/Lauterbach (hereinafter “Seller”) and the customer (hereinafter “Customer”) in the version valid at the time of the order.
1.2 You can contact our customer service for questions, complaints and objections by email at info@thespirituals.de
1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot predominantly be attributed to their commercial or independent professional activity (§ 13 BGB).
1.4 Deviating conditions from the customer will not be recognized unless the seller expressly agrees to their validity.
2. Offers and service descriptions
2.1. The presentation of the products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Service descriptions in catalogs or on the seller's websites do not have the character of an assurance or guarantee.
2.2. All offers are valid “while stocks last”, unless otherwise stated for the products. Otherwise, errors remain.
3. Ordering process & conclusion of contract
3.1 The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart using the “Add to shopping cart” button. The product selection within the shopping cart can be changed, e.g. deleted. The customer can then use the “Continue to checkout” button in the shopping cart to complete the ordering process.
3.2 Using the “Order with payment” button, the customer submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and use the browser “back” function to return to the shopping cart or cancel the ordering process altogether.
3.3 The seller then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt only documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller sends, hands over or arranges for the ordered product to be shipped to the customer within 5 days confirmed to the customer within 5 days with a second email, express order confirmation or sending of the invoice.
3.4 If the seller allows advance payment, the contract is concluded when the bank details and payment request are provided. If the payment is not received by the seller within 10 calendar days of sending the order confirmation despite being due, even after a renewed request, the seller withdraws from the contract with the result that the order is no longer valid and the seller is not obliged to deliver. The order is then completed without any further consequences for the buyer and seller. When paying in advance, the item is reserved for a maximum of 10 calendar days.
4. Prices and shipping costs
4.1 The shipping costs depend on the shipping method and the size and weight of the goods(s) you ordered. You can find out about all shipping details at [“www.thespirituals/Shipping Conditions”]. We do not bear the regular return shipping costs that arise if you return the goods when you exercise your right of cancellation [“www.thespirituals/Widerrufsrecht”]. If you exercise your right of withdrawal, shipping costs will not be refunded. There are no shipping costs for digital/virtual products.
5. Delivery, availability of goods
5.1 If advance payment has been agreed, delivery will take place after receipt of the invoice amount.
5.2 If delivery of the goods fails due to the buyer's fault despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.3 If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest delivery of a comparable product. If no comparable product is available or the customer does not request delivery of a comparable product, the seller will immediately reimburse the customer for any consideration already provided.
5.4 Customers will be informed about delivery times and delivery restrictions (e.g. limitation of deliveries to certain countries) on a separate information page or within the respective product description.
5.6 Delivery will be made to the delivery address specified by the customer, within
– EU
5.7 If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other service permanently impossible, thespirituals' obligation to provide performance is excluded. Amounts already paid will be refunded immediately by thespirituals.
5.8 thespirituals can also refuse the service if this requires an effort that, taking into account the content of the purchase contract and the requirements of good faith, is grossly disproportionate to the customer's interest in fulfilling the purchase contract. Amounts already paid will be refunded immediately by thespirituals.
6. Payment methods
6.1 The customer can choose from the available payment methods as part of and before completing the ordering process. Customers are informed about the payment methods available on a separate information page.
6.2 If third-party providers are commissioned to process payments, e.g. Paypal, their general terms and conditions apply.
6.3 If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, the customer must pay the statutory default interest.
6.4 The customer's obligation to pay default interest does not exclude the assertion of further damages caused by default by the seller.
6.5 The customer only has the right to offset if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
7. Payment
7.1 Payment is made when ordering via
– Credit card (Visa, Mastercard, Maestro, American Express, UnionPay)
– PayPal
- Instant bank transfer
– Klarna invoice
-Apple Pay
-Google Pay
-Shop Pay
8. Late Payment
8.1 If you are in default of payment, thespirituals is entitled to demand interest on arrears amounting to 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. If it can be proven that thespirituals has incurred higher damages due to the delay, thespirituals is entitled to claim this.
9. Right of retention
9.1 The customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship. The service and delivery of goods only takes place after receipt of payment via the possible means of payment.
10. Cheap shipping method for returns
10.1 When returning the goods and accessories, please use the original packaging, even if it is damaged due to an opening for functional testing.
10.2 You are under no obligation to use this return procedure. However, if you choose an unnecessarily expensive shipping method, you may be required to pay us the increased costs compared to a cheaper shipping method.
11. Retention of title
11.1 Until all claims against the customer arising from the purchase contract have been settled in full, the delivered goods/services remain the property of thespirituals. As long as this retention of title exists, the customer may neither resell the goods nor dispose of the goods; In particular, the customer may not contractually grant third parties use of the goods.
12. Warranty rights
12.1 If a product is already defective upon delivery (warranty case), thespirituals will, at the customer's discretion, replace it with a defect-free product at thespirituals' expense. The customer is advised that there is no warranty claim if the product had the agreed quality when the risk was transferred. There is no warranty claim in particular in the following cases:
a) in the event of damage caused to the customer through misuse or improper use,
b) in the event of damage caused by the customer's products being exposed to harmful external influences (in particular extreme temperatures, humidity, extraordinary physical or electrical stress, voltage fluctuations, lightning strikes, static electricity, fire).
12.2 thespirituals also provides no liability for errors caused by improper repairs by a service partner not authorized by the manufacturer.
12.3 If the type of supplementary performance (replacement delivery) desired by the customer requires an effort which, taking into account the product price and taking into account the content of the contract and the requirements of good faith, is grossly disproportionate to the customer's interest in performance - in particular the value of the purchased item if it is free of defects Condition, the significance of the defect and the question of whether the other type of subsequent performance can be used without significant disadvantages for the customer must be taken into account - the customer's claim is limited to the other type of subsequent performance. Thespirituals' right to refuse this other type of supplementary performance under the aforementioned condition remains unaffected.
12.4 In the case of repairs as well as in the case of replacement delivery, the customer is obliged to send the product to the return address provided by thespirituals at the expense of thespirituals, stating the order number. Before sending it in, the customer must remove any items he has inserted from the product. Thespirituals is not obliged to inspect the product for the inclusion of such items.
12.5 If the customer sends the goods in to receive a replacement product, the return of the defective product is based on the following conditions: If the customer was able to use the goods in a defect-free condition between delivery and return, he is entitled to the value of the use he made refund. The customer must pay compensation for any loss or further deterioration of the goods that is not due to the defect, as well as for the impossibility of returning the goods in the period between delivery of the goods and the return of the goods, which is not due to the defect. The customer does not have to pay any compensation for the deterioration of the goods caused by the intended use of the goods. The obligation to pay compensation does not apply to the return of a defective product in the event of a warranty claim,
a) if the defect giving rise to withdrawal only became apparent during processing or redesign,
b) if thespirituals is responsible for the deterioration or loss or if the damage would also have occurred at thespirituals,
c) if the deterioration or loss occurred on the part of the customer, even though the customer had observed the care that he usually applies in his own affairs.
12.6 The customer's liability for damages in the event of a breach of the return obligation for which the customer is responsible is based on the statutory provisions.
12.7 Thespirituals' statutory warranty ends two years from delivery of the goods. The deadline starts once goods are received.
13. Liability
13.1 In the event of slight negligence, thespirituals is only liable for the breach of essential contractual obligations and is limited to foreseeable damage. This restriction does not apply to injury to life, body or health. thespirituals is not liable for any other damage caused by slight negligence due to a defect in the purchased item.
13.2 Regardless of any fault on the part of thespirituals, thespirituals' liability remains unaffected in the event of fraudulent concealment of the defect or the assumption of a guarantee. The manufacturer's guarantee is a guarantee of the manufacturer and does not represent an assumption of a guarantee by thespirituals.
13.3 thespirituals is also responsible for the impossibility of delivery that occurs accidentally during the delay, unless the damage would have occurred even if delivery had been made on time.
13.4 The personal liability of thespirituals' legal representatives, vicarious agents and employees for damages caused by them through slight negligence is excluded.
14. Applicable Law
14.1 The contract concluded between you and thespirituals is subject exclusively to the law of the Federal Republic of Germany and Austria, with the express exclusion of the UN Convention on Contracts for the International Sale of Goods. The mandatory regulations of the country in which you have your habitual residence remain unaffected.
15. Jurisdiction
15.1 If, contrary to what you stated when ordering, you do not have a place of residence in the Federal Republic of Germany or Austria or you move your place of residence abroad after the contract has been concluded or your place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is Germany .
16. Dispute Resolution
16.1 General information requirements for alternative dispute resolution in accordance with Article 14 Para. 1 ODR-VO and Section 36 VSBG (Consumer Dispute Resolution Act):
16.2 The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
17. Liability for external links
17.1 Our offer contains links to external third-party websites over whose content we have no influence. We therefore cannot assume any liability for this external content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal content was not apparent at the time of linking.
17.2 However, permanent control of the content of the linked pages is unreasonable without concrete evidence of a legal violation. If we become aware of any legal violations, we will immediately remove such links.
18. No substitute for medical care
18.1 The information and products on this website are not intended to replace services or information provided by trained (medical) professionals and/or service providers, such as (family) doctors, specialists, emergency care, (acute) mental health care, physiotherapists and psychotherapists (this list is not exhaustive).
18.2 The information and products on these websites and the possible uses cannot be viewed as a substitute for medical or other professional help, care, support or information provision and are not intended as an aid to making a (self-)diagnosis.
18.3 The information on thespirituals is general and is not specifically aimed at an individual person or a specific medical situation, e.g. the visitor to the website or a person close to him. This means that visitors to the information on our website cannot assign any diagnostic or therapeutic value to their own medical situation or that of others.
18.4 Visitors are always advised to report any medical questions, complaints or symptoms to their treating doctor or other medical professional in a timely manner in order to receive professional examination, diagnosis and possible medical care.
18.5 Visitors are always advised never to delay seeking professional care in a timely manner or to neglect medical advice already received based on (online) information.
19. Changes/Updates
19.1 thespirituals reserves the right to make changes to the information provided on its website without prior notice.
20. Final provisions
20.1 Should individual provisions of this contract be or become wholly or partially ineffective or void, this will not affect the validity of the rest of the contract, provided that a contractual partner is not unreasonably disadvantaged as a result.
20.2 Changes or additions to this contract must be made in writing.