Terms of service
1. Scope and Contracting Party
1.1. These Terms and Conditions (“Terms”) apply to contracts between
spottle GmbH
Halleiner Landesstraße 53/1
5061 Elsbethen
Austria
Email: support@spottle.net
Company register number: FN 527653 k
Company register court: Regional Court of Salzburg (Landesgericht Salzburg)
and our customers through the online store at hotmyspottlesale.com.
1.2. These Terms apply both to consumers and to business customers, unless otherwise expressly stated below.
Consumers are individuals for whom the relevant transaction is not connected with the operation of a business. Business customers are individuals or entities for whom the transaction forms part of the operation of a business.
1.3. For business customers, these Terms also apply to orders placed in particular by email, telephone, order form, individual quotation or direct sales.
1.4. Deviating terms and conditions of business customers shall apply only if we have expressly agreed to their application.
1.5. The version of these Terms valid at the time the contract is concluded shall apply. Subsequent amendments to these Terms do not apply retroactively to contracts already concluded unless expressly agreed otherwise.
2. Conclusion of Contract in the Online Store
2.1. The presentation of products in our online store does not generally constitute a binding offer but an invitation to place an order.
2.2. Before completing your order, you can review the selected products and the information you have entered and make corrections where necessary.
2.3. By clicking the button that completes the ordering process and clearly indicates the obligation to pay, you submit a binding offer to conclude a purchase contract.
2.4. The contract is concluded once we expressly accept your order, in particular by sending an order confirmation or by dispatching the goods.
2.5. If an ordered product is exceptionally unavailable or an order cannot be accepted for another objectively justified reason, we will inform you accordingly. Any payments already made for goods that are not supplied will be refunded.
3. Contracts with Business Customers
3.1. Business customers may also place orders by email, telephone, order form or on the basis of an individual quotation.
3.2. Unless otherwise stated in the relevant quotation, a quotation or order submitted by the customer constitutes a binding contractual offer.
The contract is concluded upon our express acceptance, in particular by sending an order confirmation.
3.3. For individual B2B projects, the provisions of the relevant quotation and order confirmation take precedence over these Terms where expressly agreed otherwise.
4. Prices and Payment
4.1. Prices displayed to consumers in the online store include the applicable statutory VAT unless expressly stated otherwise.
4.2. Additional shipping costs may apply. The shipping costs applicable to the respective destination country are displayed before completion of the order and are also available on our “Shipping Costs & Delivery Times” page.
4.3. Deliveries to countries outside the European Union may be subject to import duties, customs charges, taxes and, where applicable, fees charged by customs authorities or shipping providers. Where legally applicable, such charges are payable by the recipient and are not included in the product or shipping price charged by us.
4.4. The payment methods currently available are displayed during the checkout process. Additional terms and conditions of the respective payment provider may apply to individual payment methods.
4.5. Different payment terms may be individually agreed with business customers. In such cases, our quotation and order confirmation shall in particular apply.
4.6. In the event of late payment, the statutory default interest rates shall apply. We may also charge the necessary and reasonable costs of reminders, debt collection and legal enforcement to the extent permitted by law.
5. Delivery and Shipping
5.1. Delivery times depend in particular on the destination country, product and shipping method. Current information can be found on the relevant product page, during checkout and on our “Shipping Costs & Delivery Times” page.
5.2. For individually manufactured or personalised products and B2B orders, the delivery times specified in the relevant quotation or order confirmation shall apply.
5.3. Delivery is made to the shipping address provided by you using a shipping or logistics provider selected by us.
5.4. For consumers, the risk of loss of or damage to the goods generally passes only when the goods are delivered to the consumer or to a third party designated by the consumer.
If the consumer independently commissions a carrier that was not offered by us as a shipping option, the risk passes when the goods are handed over to that carrier.
5.5. For business customers, the risk shall pass upon handover of the goods to the carrier to the extent permitted by law and unless otherwise agreed.
6. Individually Manufactured and Personalised Products
6.1. Additional provisions set out in the relevant quotation and order confirmation apply to customised products, including printed, engraved or otherwise individually manufactured goods.
6.2. Customers are responsible for ensuring that any texts, logos, designs, trademarks or other content supplied by them may lawfully be used and do not infringe the rights of third parties.
6.3. Where we provide a print, engraving or design proof for approval before production begins, production is carried out on the basis of the customer's approval.
6.4. If the customer delays the provision of required print data, approvals or other information, the agreed delivery time may be extended accordingly.
6.5. Production and finishing processes may result in minor technically unavoidable variations, particularly in colour, positioning or appearance. Such variations do not constitute a defect where they are technically unavoidable, reasonable for the customer and do not materially impair the agreed characteristics or overall appearance of the product.
6.6. Consumers generally do not have a statutory right of withdrawal for goods made to their individual specifications or clearly personalised to their individual needs, provided the applicable statutory requirements are met.
Business customers do not have a statutory right of withdrawal.
7. Retention of Title
The goods remain the property of spottle GmbH until payment has been made in full.
Additional retention-of-title provisions may be agreed with business customers in the relevant quotation or order confirmation.
8. Statutory Warranty and Voluntary Guarantee
8.1. Consumers are entitled to the statutory warranty rights, in particular under the Austrian Consumer Warranty Act (Verbrauchergewährleistungsgesetz – VGG).
Any voluntary guarantee provided by us does not restrict these statutory rights.
8.2. Damage or defects caused only by improper use, normal wear and tear, use contrary to the intended purpose or external influences do not give rise to statutory warranty claims unless the defect already existed at the time the goods were supplied.
8.3. In addition to statutory warranty rights, we provide a voluntary guarantee for certain products.
The scope, duration, requirements and procedure relating to this guarantee can be found on our “Guarantee & Warranty” page.
The voluntary guarantee exists in addition to statutory rights and does not restrict statutory warranty or withdrawal rights.
8.4. For business customers, the statutory inspection and notification obligations apply in addition, in particular Section 377 of the Austrian Commercial Code (UGB).
Business customers must inspect the goods within a reasonable period after receipt and notify us without undue delay of any apparent defects. Hidden defects must be reported without undue delay after discovery.
9. Liability
9.1. Our liability towards consumers is governed by the statutory provisions.
Mandatory statutory liability provisions, in particular those relating to personal injury and product liability, remain unaffected.
9.2. Towards business customers, we are liable for damages only in cases of intent or gross negligence to the extent permitted by law.
Liability for personal injury and any other mandatory statutory liability remains unaffected.
9.3. Events outside our reasonable control, including natural events, government measures, significant transport or supply disruptions, industrial disputes or comparable events of force majeure, may result in delays.
Where such delays are not attributable to us, we shall not be liable for them. Statutory rights of customers, particularly in the event of significant delivery delays, remain unaffected.
10. Right of Withdrawal for Consumers
10.1. Consumers generally have a statutory right of withdrawal in relation to distance contracts.
10.2. Full information on the right of withdrawal, including the withdrawal period, returns, reimbursements, exceptions and the model withdrawal form, can be found here:
10.3. You can also exercise your right of withdrawal using our online “Withdraw from Contract” function.
10.4. The applicable statutory provisions and the information contained in our withdrawal policy remain decisive.
11. Data Protection
Information about how we process personal data can be found in our Privacy Policy.
The Privacy Policy does not restrict any statutory or contractual rights or obligations.
12. Applicable Law and Jurisdiction
12.1. Austrian law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
For consumers, this choice of law applies only to the extent that it does not deprive them of the protection granted by mandatory provisions of the law of the country in which they have their habitual residence.
12.2. The statutory rules on jurisdiction apply to consumers.
12.3. For business customers, the competent court at the registered office of spottle GmbH shall have exclusive jurisdiction to the extent permitted by law.
13. Alternative Dispute Resolution
We are willing to participate in an out-of-court dispute resolution procedure before the Internet Ombudsstelle in the event of disputes arising from online purchase contracts with consumers.
Complaints may also be submitted directly to us at support@spottle.net.
14. Final Provisions
14.1. Individual agreements with customers take precedence over these Terms.
14.2. If individual provisions of these Terms are or become invalid, the validity of the remaining provisions shall generally remain unaffected. The applicable statutory provisions shall apply in place of any invalid provision.
14.3. The contractual language for the German-language version of our shop is German. Where translations of these Terms are provided, they are intended in particular for use in our international shop versions.