General Terms and Conditions

§ 1 General

1. The contract is concluded with Dr. Spiller GmbH, Voglinger Straße 11, 83313 Siegsdorf, Germany (hereinafter referred to as Dr. Spiller).

2. These General Terms and Conditions shall apply to all business relations between Dr. Spiller and a customer who is a consumer within the meaning of § 13 BGB (German Civil Code).

§ 2 Online-Shop, Registration

1. In order to be able to use Dr. Spiller's online shop, the customer must register under the domain https://www.dr-spiller.com and/or https://www.trawenmoor.com and provide the required data completely and correctly.

§ 3 Offer and conclusion of contract

1. The (online) presentation of Dr. Spiller's product range does not constitute a legally binding offer of contract, but merely an invitation to place an order. Errors and/or changes are reserved. The information on goods and prices within the order process is non-binding. Offers made by Dr. Spiller are subject to change without notice.

2. A customer's order constitutes an offer to Dr. Spiller to conclude a purchase contract. Dr. Spiller reserves the right to decide freely whether to accept this offer. If the customer has placed an order with Dr. Spiller, Dr. Spiller shall send the customer an email confirming receipt of the order by Dr. Spiller and listing its details (order confirmation). This order confirmation shall not constitute an acceptance of the offer, but shall only inform the customer that his order has been received by Dr. Spiller. A contract shall only be concluded when Dr. Spiller ships the ordered goods to the customer and confirms the shipment to the customer with a second email (shipment confirmation). No contract of sale shall be concluded for goods from one and the same order which are not listed in the shipping confirmation.

3. If Dr. Spiller does not accept an offer of the customer, Dr. Spiller shall inform the customer accordingly.

4. In cases where the customer does not place an order via Dr. Spiller's online shop but by other means, the contract shall be concluded at the latest upon dispatch of the invoice by Dr. Spiller.

5. Employees of Dr. Spiller are not authorised to make verbal subsidiary agreements or to give verbal assurances which go beyond the contents of the contract concluded in text form.

6. In the event that Dr. Spiller has concluded a specific covering transaction for the fulfilment of its delivery obligation vis-à-vis the customer and Dr. Spiller's supplier fails to deliver the goods owed, fails to deliver them correctly or fails to deliver them on time, Dr. Spiller shall be entitled to withdraw from the contract vis-à-vis the customer. Dr. Spiller shall inform the customer immediately of the non-availability and reimburse any counter-performance by the customer without delay. The customer's statutory claims shall remain unaffected.

§ 4 Right of withdrawal for consumers

Cancellation policy Right of withdrawal You have the right to cancel this contract within fourteen 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, has or has taken possession of the goods. In order to exercise your right of revocation, you must send us
Dr. Spiller GmbH,
Voglinger Straße 11,
83313 Siegsdorf,
Deutschland
Telephone: +49 08662 4984 0
E-mail: info@dr-spiller.com

by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to revoke this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory. You can also fill in and submit the model withdrawal form or another clear declaration on our website www.dr-spiller.com/widerruf/ or www.trawenmoor.com/widerruf/elektronisch. If you make use of this option, we will send you confirmation of receipt of such revocation without delay (e.g. by email).

Sample cancellation form

(If you wish to revoke the contract, please complete and return this form).

An Dr. Spiller GmbH, Voglinger Straße 11, 83313 Siegsdorf, Germany, info@drspiller.com
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 the consumer(s)
Signature of consumer(s) (only in case of paper communication)
Date(s)

(*) Delete where inapplicable.

To comply with the withdrawal period, it is sufficient for you to send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you withdraw from this contract, we must refund 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 cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from 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 for 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 delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods. The right of withdrawal does not apply to the following contracts:

1. Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, 2. Contracts for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded. End of the cancellation policy § 5 Prices 1. The prices quoted by Dr. Spiller include the statutory value added tax and other price components. Shipping costs are not included.

2. Dr. Spiller calculates the prices valid on the day of the order.

3. In addition to the prices quoted, we charge EUR 5.50 per order for delivery within Germany; from an order value of 25.00 EUR, the delivery is free of charge. When ordering via the online shop, all shipping costs are clearly communicated on the product pages, in the shopping cart system and on the order page (shipping costs abroad, additional packaging fees if applicable). Costs for delivery charges, carriage fees, cash on delivery costs and a special shipping method requested by the customer shall be borne by the recipient.

4. Discounts: Discounts or discount vouchers (e.g. a voucher with a discount code, a newsletter bonus or a birthday voucher) can only be redeemed under the respective promotional conditions. Several discounts and discount vouchers cannot be combined.

§ 6 Terms of payment

1. Dr. Spiller offers the following alternative payment methods: SEPA direct debit, SEPA bank transfer, PayPal, credit card (Visa, Master), Klarna SOFORT transfer, Klarna invoice, Apple Pay

§ 7 Delivery, transfer of risk

1. Delivery takes place within Germany.

2. Unless otherwise agreed, delivery shall be made from Dr. Spiller's warehouse to the delivery address specified by the customer. On the website of Dr. Spiller you will find information on the availability of goods. Dr. Spiller expressly points out that all information on the availability, dispatch or delivery of goods is only non-binding, expected information and approximate guide values. They do not constitute binding and/or guaranteed shipping and/or delivery dates. Something else only applies if a binding date is expressly stated in the shipping options of the respective goods during the ordering process.

3. The goods shall be delivered exclusively in the version specified in the current Dr. Spiller catalogue.

4. Partial deliveries are permitted insofar as this is reasonable for the customer on the basis of a balancing of the interests of the customer and Dr. Spiller.

5. Claims for damages due to delays in delivery or goods that are not in stock cannot be asserted. Force majeure and other unforeseen events for which Dr. Spiller is not responsible and which affect the proper delivery in any way shall release Dr. Spiller from the obligation to deliver for the respective duration of this disruption or obstacle; in the event of permanent impediment, Dr. Spiller is entitled to withdraw from the contract.

6. Deliveries are usually made by DHL.

§ 8 Payment

1. All amounts must be paid to Dr. Spiller at no cost.

2. Payments to Dr. Spiller are due on the invoice date at the latest.

3. The customer is in default at the latest if he does not make the payment within 30 days of the due date and he has been specifically informed of these consequences in the invoice.

4. After the occurrence of default, interest shall be charged on Dr. Spiller's claim. The default interest rate for the year is five percentage points above the base interest rate.

5. In the event of default in payment, Dr. Spiller shall be entitled, notwithstanding any provisions to the contrary by the customer, to initially offset payments against older debts of the customer. Dr. Spiller will inform the customer about the type of billing that has taken place. If costs and interest have already been incurred, Dr. Spiller is entitled to offset the payment first against the costs, then against the interest and finally against the main service.

6. In the event of a return debit, all costs shall be borne by the customer. Costs incurred due to additional work in the amount of EUR 25.00 will be charged additionally. Proof that less or higher damage has occurred is permissible. Future orders will then only be delivered against Klarna SOFORT transfer.

7. The customer is not entitled to offset counterclaims of any kind, unless they are undisputed or legally established.

8. The customer is only entitled to exercise rights of retention if his counterclaim is based on the same contractual relationship.

§ 9 Retention of title

1. All delivered goods shall remain the property of Dr. Spiller until all claims of Dr. Spiller against the customer, including those arising from earlier or later deliveries, have been paid in full.

2. The customer is obliged to notify Dr. Spiller immediately in writing of any seizure of Dr. Spiller's goods and of the opening of insolvency proceedings against the customer's assets so that Dr. Spiller can bring an action in accordance with § 771 of the German Code of Civil Procedure (ZPO) or § 805 of the German Code of Civil Procedure.

§ 10 Return of goods

1. The customer may not return ordered and properly delivered goods to Dr. Spiller.

2. The provision in § 10 paragraph 1 does not apply in cases in which the customer has a statutory right of revocation or in which one party withdraws from the contract in accordance with §§ 437 No. 2, 440, 323, 326 para. 5, 346 et seq. BGB.

§ 11 Credit check

1. For the purpose of credit checks, Dr. Spiller will obtain additional information about the customer from credit information files in individual cases.

§ 12 Claims for defects

1. If there is a defect in the purchased item, the statutory provisions shall apply. The assignment of these claims of the customer is excluded.

2. If the supplementary performance has been carried out by way of a replacement 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 demand the surrender of the benefits derived in accordance with §§ 346 et seq., 439 para. 4 BGB.

3. The following restrictions apply to the assertion of damages by the customer: Claims for compensation for damage that have not occurred to the delivery item itself are excluded. This exclusion of liability does not apply in the event of intent or gross negligence and not for damages resulting from injury to life, limb or health based on a negligent breach of duty by Dr. Spiller or an intentional or negligent breach of duty by a legal representative or vicarious agent of Dr. Spiller, as well as for other damages resulting from a grossly negligent breach of duty by Dr. Spiller or from an intentional or grossly serious breach of duty negligent breach of duty by a legal representative or vicarious agent of Dr. Spiller and in the event of culpable breach of essential contractual obligations as well as in cases of liability under the Product Liability Act and in the event of the assumption of a guarantee for the existence of properties. In the event of culpable breach of essential contractual obligations, Dr. Spiller shall only be liable for the reasonably foreseeable damage typical for the contract.

4. Dr. Spiller does not assume an independent guarantee for certain qualities of the goods and in particular does not lie in the information about the goods available on the Dr. Spiller website.

5. The customer's claims for defects exist in addition to and independently of the right of withdrawal.

§ 13 Dispute Resolution

1. The EU Commission provides a platform for the online settlement of disputes (online dispute resolution) between consumers and entrepreneurs ("OS platform"). Online dispute resolution is intended to provide an out-of-court solution to disputes arising from online transactions. Link to the ODR platform of the EU Commission: https://ec.europa.eu/consumers/odr/.

2. Dr. Spiller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the Act on Alternative Dispute Resolution in Consumer Matters (VSBG).

§ 14 Miscellaneous

1. German law shall apply exclusively.

2. Deviations from these terms and conditions must in any case be agreed or confirmed in writing. This also applies to the amendment of this written form requirement.

Status 01.09.2023