Terms of service

§ 1 Scope of application

1. The contractual partners within the scope of the following terms and conditions are The Spice Shop, authorized managing director Birgit Erath, Winzelnerstr. 2, 78713 Schramberg-Waldmössingen (hereinafter "The Spice Shop"), and the customer.

2. All deliveries and services provided by The Spice Shop to the customer are carried out exclusively on the basis of the following terms and conditions in the version valid at the time of the order.

3. Any deviating provisions are hereby rejected. Provisions other than those contained herein will only be recognized with the express consent of The Spice Shop.

 

§ 2 Conclusion of contract

1. The Spice Shop's offers represent a non-binding invitation to the (potential) customer to purchase or order goods from The Spice Shop.

2. By ordering the goods, the customer makes a binding offer to conclude a purchase contract. The Spice Shop is not obligated to accept the customer's offer. Confirmation of receipt of the customer's order does not constitute acceptance of the customer's offer.

3. The legally binding purchase contract is concluded by written order confirmation from The Spice Shop, if necessary also by email, or by sending the goods.

 

§ 3 Prices

1. All prices quoted include the statutory value added tax applicable at the time of the order, excluding packaging and shipping costs.

2. Packaging and shipping (shipping costs) will be charged separately. The packaging, shipping, and insurance costs are summarized on the website www.thespiceshop.de under "Shipping Information."

4. Upon updating The Spice Shop's website, all previous prices and other information about goods become invalid. The version valid at the time of the order shall prevail.

§ 4 Terms of payment

1. Payments are made either in advance by bank transfer or PayPal.

§ 5 Customer’s right of withdrawal

Cancellation policy

The customer may revoke his or her contractual declaration within 14 days without stating reasons in text form (e.g., letter, fax, email) or – if the item is handed over to him or her before the expiry of the deadline – by returning the item. The period begins upon receipt of this instruction in text form. To comply with the cancellation period, it is sufficient to send the cancellation or the item in a timely manner. The cancellation must be addressed to:

THE SPICE SHOP

Winzelnerstr. 2

78713 Waldmössingen-Schramberg (Germany)

Phone: +49 (0)74 02 938 548

Internet: www.thespiceshop.de

Consequences of revocation

In the event of an effective cancellation, the services received by both parties must be returned, along with any benefits derived (e.g., interest). If the customer is unable to return the received service in whole or in part, or only in a deteriorated condition, they may be required to pay THE SPICE SHOP compensation for the value. This does not apply to the transfer of goods if the deterioration of the goods is solely due to their inspection—as would have been possible in a retail store, for example. Furthermore, the customer can avoid the obligation to pay compensation for deterioration resulting from the intended use of the goods by not using the goods as if they were their own property and refraining from anything that could impair their value.

When returning goods after cancellation, the customer must bear the regular costs of return if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed EUR 40, or if, in the case of a higher price of the item, the customer has not yet paid the consideration or a contractually agreed partial payment at the time of cancellation; otherwise, the return will be at the expense of THE SPICE SHOP and is free of charge for the customer.

§ 6 Delivery conditions

1. Delivery will be made to the delivery address provided by the customer.

2. Every delivery is subject to The Spice Shop itself being supplied in a timely and proper manner. Deliveries are always made while stocks last. If, contrary to expectations, a product ordered by the customer is unavailable despite timely ordering for reasons beyond The Spice Shop's control, The Spice Shop will offer the customer a product of equivalent quality and price instead of the ordered product. The customer is not obligated to accept the product or can withdraw from the contract. In this case, The Spice Shop will inform the customer immediately of the unavailability and, in the event of withdrawal, will immediately refund any payments already made.

3. If The Spice Shop defaults on delivery or becomes impossible due to reasons for which it is responsible, and this is not due to intent or gross negligence, liability for damages is excluded. Further claims by the customer remain reserved.

4. If delivery delays are due to reasons beyond The Spice Shop's control (force majeure, third-party fault, etc.), the delivery period will be extended appropriately. The customer will be notified immediately. If the reasons for the delay persist for more than four weeks after the conclusion of the contract, either party is entitled to withdraw from the contract.

5. Delivery is subject to a flat rate for packaging and shipping costs (Section 3, Paragraph 2), the exact amount of which is indicated separately for each delivery.

6. In the case of a purchase of consumer goods, the risk of accidental loss or accidental deterioration shall be borne by The Spice Shop.

§ 7 Retention of title

1. The ordered goods remain the property of The Spice Shop until full payment has been made.

2. Prior to transfer of ownership, resale, rental, pledging, transfer by way of security, processing, other disposal or modification is not permitted without the express consent of The Spice Shop.

§ 8 Warranty for defects

1. The customer's claims against The Spice Shop for defects are governed by the statutory provisions within the statutory time limits, unless otherwise provided for in the following provisions. The statutory warranty period is currently two years.

2. Damage caused by improper or non-conforming actions by the customer during installation, connection, operation, or storage shall not constitute grounds for claims against The Spice Shop. Improper and non-conforming actions are determined in particular by the manufacturer's specifications.

3. If the customer is an entrepreneur and the ordered service is provided for his or her commercial business, his or her claims for defects shall expire one year after receipt of the goods. The reduction of the warranty period to one year does not apply if the liability for damages is based on physical injury or damage to health caused by a defect for which the seller is responsible, or on intentional conduct or gross negligence on the part of the seller or his or her vicarious agents. Notwithstanding the foregoing, the seller shall be liable under the Product Liability Act.

§ 9 Liability

1. The Spice Shop is only liable for intent and gross negligence.

2. To the extent that an attributable breach of duty is based on simple negligence and a material contractual obligation is culpably violated, The Spice Shop's liability for damages is limited to the foreseeable damage that typically occurs in comparable cases. Material contractual obligations are those that grant the contracting parties the rights that the contract is intended to grant according to its content and purpose, in particular the obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contracting party regularly relies and may rely. In the event of death, injury to health, or bodily harm, The Spice Shop is liable in accordance with the statutory provisions. Liability under the provisions of the Product Liability Act remains unaffected. Otherwise, liability is excluded.

§ 10 Data Protection

Data processing is carried out in accordance with the applicable Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).

§ 11 Severability clause; place of jurisdiction; choice of law

1. Should one or more clauses of these Terms and Conditions be or become invalid, this shall not invalidate the entire contract. The invalid provision shall be replaced by the relevant statutory provision.

2. If the customer is not a consumer within the meaning of Section 13 of the German Civil Code (BGB) or does not have a general place of jurisdiction in Germany, Oberndorf shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The same applies if a customer has relocated their place of residence or habitual abode abroad after the conclusion of the contract, or if their place of residence or habitual abode is unknown at the time the action is filed.

3. The conclusion and execution of all contracts shall be governed by German law. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.