Terms-conditions

GENERAL TERMS AND CONDITIONS OF HIGH SPIRIT DIGITAL GMBH

1. Scope
2. Conclusion of the contract
3. Pricing and payment methods
4. Delivery and shipping conditions
5. Retention of title
6. No sales to commercial customers
7. Warranty
8. Copyright and image rights
9. Information on alternative dispute resolution
10. Final provisions, applicable law

1. SCOPE

1.1 These General Terms and Conditions (Terms) shall apply to all contracts on the purchase of goods that you conclude with us, High Spirit Digital GmbH , Colbe Strasse 26, 10247 Berlin, via our web shop.

1.2 Any of your own pre-formulated terms and conditions which deviate from these Terms shall not form part of the contract, even if we are aware of them, unless we agree to their validity expressly and at least in text form (e.g. by email).

1.3 The Terms only apply if you are a consumer, i.e. if the purpose of the products and services ordered cannot be primarily attributed to your trade, business or profession.

1.4 We must be notified separately in advance of any sale to customers who are acting in exercise of their trade, business or profession and can therefore be regarded as an entrepreneur, or of any sale of quantities not commensurate with household use.

1.5 The contract language is German.

2. CONCLUSION OF THE CONTRACT

2.1 The information we provide about products and prices within each order process is subject to change and non-binding.

2.2 Initially, you can place the products in the virtual cart under no obligation. After clicking on “Checkout”, you will have the opportunity to enter your delivery and billing information and select your preferred payment method. Before submitting your binding order, you can correct the information you have entered at any time by using the correction aids provided during the order process. By clicking on “Place order”, you submit a binding order for the products in your cart. You will receive an email confirming receipt of your order as soon as you have submitted your order.

2.3 The exact time when the contract is concluded with us depends on the method of payment you choose:

Klarna invoice and part payment
We accept your order by sending a declaration of acceptance in a separate email or by sending the goods within two working days.
Klarna direct banking
After placing your order, you will be redirected to the website of the payment service provider Klarna Bank AB (publ). The contract with us is concluded as soon as you issue your payment order there.
Amazon Pay
During the ordering process, you will be redirected to the website of the online provider Amazon before completing the order in our web shop. There you can select the delivery address and payment method stored with Amazon and confirm the payment order to Amazon. You can then complete the order process as normal in our web shop. After submitting your order, we request Amazon to initiate the payment transaction, thereby accepting your offer.
Credit card
When placing your order, you also provide us with your credit card details. After verifying your identity as the cardholder, we request your credit card company to initiate the payment transaction, thereby accepting your offer.
PayPal
After the order process, you will be redirected to the website of the online provider PayPal. There you can issue a payment order to PayPal. By requesting the payment transaction to PayPal, we accept your offer.
Advance payment by bank transfer
We accept your order by sending a declaration of acceptance in a separate email or by sending the goods within two days.

2.4 We will not store the contract text.

3. PRICING AND PAYMENT METHODS

3.1 All prices include the applicable statutory value-added tax and are subject to an additional flat-rate delivery charge.

3.2 The following payment methods are generally available for deliveries:

via PayPal Plus: invoice, direct banking, part payment, credit card
PayPal

More information about each of the payment methods and their availability in different countries is available under “Payment methods”.

3.3 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

4. DELIVERY AND SHIPPING CONDITIONS

4.1 Products will be shipped to the delivery address specified by you.

4.2 You will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) for individual products on a separate information page – “Shipping Costs and Delivery Times” – or as part of the respective product description.

4.3 You will be responsible for paying any customs duties or local taxes.

5. RETENTION OF TITLE

The product delivered to you remains our property until full payment.

6. NO SALES TO COMMERCIAL CUSTOMERS

6.1 The goods offered in our shop are only sold to consumers. The commercial resale of the products is not permitted without our express consent.

6.2 We have the right to withdraw from the purchase contract if, contrary to the prohibition mentioned in Paragraph 1, a customer buys products from us in order to resell them or has already resold the products.

6.3 We reserve the right to assert claims for damages arising from the unauthorised resale of our products.

7. WARRANTY

7.1 If the delivered object of purchase is defective, you have statutory warranty/defect liability rights unrelated to any guarantee.

7.2 If guarantees are advertised, their details result from the guarantee conditions, which are made available in text form before the order is concluded.

8. COPYRIGHT AND IMAGE RIGHTS

All copyrights and image rights displayed on the website belong to us or we are entitled to use them. Any use without our express consent is not permitted.

9. INFORMATION ON ALTERNATIVE DISPUTE RESOLUTION

The EU Commission offers the possibility of online dispute resolution on an online platform operated by it. This platform can be reached via the external link http://ec.europa.eu/consumers/odr/. In accordance with Section 36(1) and (2) of the German Consumer Dispute Resolution Act (VSBG), we also draw your attention to the fact that we are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.

10. FINAL PROVISIONS, APPLICABLE LAW

10.1 German law shall apply, excluding the provisions of the UN Convention on the Sale of Goods. In the case of consumers, this choice of German law shall only apply to the extent that it does not undermine the protection provided by mandatory regulations under the law of the state in which the consumer is ordinarily resident.

10.2 Should individual provisions be legally ineffective or unenforceable, either in whole or in part, or should they cease to be legally effective or enforceable later on, this shall not affect the validity of the remaining provisions. The ineffective or unenforceable provisions shall be replaced by the statutory provision