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General terms and conditions for spengle.com

 

1.  Validity of the terms and conditions

 

1.1.  The following general terms and conditions (abbreviated herinafter: GTC) apply exclusively for all present and future deliveries of products and other services (abbreviated together hereinafter: services) that SPC Technologies AG (company number: CHE-301.287.604, Rothusstrasse 21, 6331 Huenenberg; abbreviated herinafter: the operator)  provides for its customers (abbreviated herinafter: contractual partners) within the scope of its internet services under the domain spengle.com (abbreviated hereinafter: online shop) on the basis of orders .

 

1.2.  Terms and conditions of the contractual partner are not applicable.

 

2.  Services and fees

 

2.1.  The services offered in the online shop represent a non-binding request by the operator to the contractual partner to make a binding offer for the articles and services offered. The contractual partner makes such a binding offer by placing an order in the online shop via e-mail, telephone or fax. Furthermore, by placing the order, the contractual partner confirms his full ability to contract as well as his assent to these GTC. A contract between the contractual partner and the operator is first constituted when the operator accepts this offer with a separate confirmation or by sending the articles.

 

2.2.  The operator reserves the right to modify the prices of the offered services at any time. The conclusion of the contract shall be governed by the price published in the online shop at the time of order placement.

 

 

2.3.  The prices listed on the website include legally mandated value added taxes but do not include the packaging and shipping charges.

 

2.4.  The total costs will be presented before issuing the contractual declaration. After placing an order, the contractual partner will receive a confirmation of the order. The contract can only be concluded in English.

 

2.5.  Payments may be made through the modalities indicated in the online shop. The operator may exclude particular means of payment in general or in respect of individual contractual partners, without further justification. The operator is authorised to levy surcharges for particular means of payment.

 

2.6.  Invoices are payable without deduction within the period noted on the invoice.

 

2.7.  In the event of a culpable default of payment, the default interest amounts to 10 % per year. The operator is authorised to claim damages caused by and arising from the contractual partner, especially the necessary costs of corresponding extrajudicial recovery or collection measures, insofar as these stand in a reasonable proportion to the amount claimed.

 

3.  Retention of title

 

3.1.  The retention of title of the operator to the products delivered by the operator lasts until the payment of all claims arising from the business relationship to the contractual partner. The operator is authorised to enter the retention of title in the relevant register at any time (even subsequently), at the cost of the contractual partner. Prior to the passage of title, no forfeiting, chattel mortgaging, processing or transfiguration is permitted without the explicit consent of the operator. Up to this point in time, the contractual partner is obliged to store the delivered products in resalable condition. If a hire purchase is agreed upon, ownership of the the delivered products is not to pass until payment of the final instalment. Any third party access to the products, in particular in the case of enforcement measures or other impairments of the products, the contractual partner must inform the operator in writing without delay. The contractual partner is obliged to compensate the operator for all damages and costs that arise from a violation against this obligation and from necessary intervening measures.

 

4.  Compensation for damages and warranty

 

4.1.   Liability is governed by the applicable legal regulations. Claims for damages arising from inability of performance, from breach of contract or from fault upon concluding the contract, as well as claims based on tort are restricted to intentional misconduct or gross negligence. Liability for indirect damages and subsequent damages is, irrespective of their legal grounds and subject to mandatory legal regulations, excluded.

 

4.2.  The operator has produced and inspected its products with the greatest possible care. It will regularly revise and supplement these products. Despite great diligence, the operator cannot rule out defects in the products. The legally valid warranty conditions are valid.

 

5.  Right of withdrawal

 

5.1.  You have the right to withdraw from this contract within 30 days without giving any reason.

The withdrawal period will expire after 30 days from the day

(a) in the case of a service contract or a contract for the supply of water, gas or electricity, where they are not put up for sale in a limited volume or set quantity, of district heating or of digital content which is not supplied on a tangible medium: of the conclusion of the contract.;
(b) in the case of a sales contract: on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.;
(c) in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately: on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.;
(d) in the case of a contract relating to delivery of a good consisting of multiple lots or pieces: on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece.;
(e) in the case of a contract for regular delivery of goods during a defined period of time: on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good.

To exercise the right of withdrawal, you must inform us (SPC Technologies AG, Rothusstrasse 21, 6331 Huenenberg, Switzerland, E-Mail:
office@spengle.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

You have not the right of withdrawal regarding the supply of goods made to the consumers specifications or clearly personalized.

 

 

5.2.  The operator is recognised by the alternative dispute settlement body Online Dispute Resolution (https://webgate.ec.europa.eu/odr) as well as "Internetombudsmann" (www.ombudsmann.at). If the contractual partner is a consumer, he has the option to choose an extrajudicial resolution by an impartial arbitration body via the platforms named.

 

6.  Making contact by telephone or email

 

6.1.  The contractual partner declares their consent to be contacted by phone or email by the operator for the purposes of providing information and advertising their products and further product developments as well as innovations.

 

6.2.  The contractual partner can revoke this consent at any time by sending an email to office@spengle.com or by calling +43 463 318 139.

 

7.  Final provisions

 

7.1.  Should individual provisions of these GTC be invalid or ineffective, this shall have no effect on the validity of the other provisions or these GTC as a whole. Apart from that, the operator reserves the right to modify its GTC at any time. The operator will specify the respective version on the GTC and date them. The respective binding version of the GTC is published and printable at spengle.com. The conclusion of the contract shall be governed by the version of the GTC that is published in the online shop at the time of the order.

 

7.2.  All business relations between the operator and contractual partners are subject to Swiss substantive law with the exclusion of UN purchasing law (CISG). For consumer agreement disputes, the courts holding jurisdiction at the residence or domicile of one of the parties shall be responsible for claims of the contractual partner; for claims of the operator, the court holding jurisdiction at the domicile of the sued party shall be responsible. The exclusive place of jurisdiction for all legal disputes arising in any other cases shall be the domicile of the operator. However, differing regulations and differing places of jurisdiction according to applicable mandatory provisions of international or foreign legislation shall remain applicable.

 

7.3.  Changes or additions to these terms and conditions must be made in writing in order to be enforceable.

 

 

 

 

 

 

 

PRIVACY STATEMENT

 

1.  General

 

1.1.  The website spengle.com (hereinafter referred to as "the website") is operated by SPC Technologies AG, company register number: CHE-301.287.604, Rothusstrasse 21, 6331 HŸnenberg, as the service provider, media owner and publisher (hereinafter referred to as "spengle.com").

 

1.2.  The protection and security of your personal data is very important to us. As a result, spengle.com exclusively stores and processes data in the sense of the Swiss Data Protection Act and/or Directive (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 for the protection of individuals with regard to the processing of personal data, the free movement of data and to repeal Directive 95/46/EC ("Data Protection Regulation", DSGVO). As a user, you consent to the data processing in the sense of this statement.

 

1.3.  No direct personal data is automatically collected on the website. This means: You only provide spengle.com with this data by actively providing (for example) your name, address, et cetera.

 

1.4.  The website does not create any personalised user profiles.

 

2.  Stored data:

 

spengle.com stores and processes the following personal data:

 

2.1.  Automatically stored data:

 

2.1.1. Server logs: The IP address of the querying computer, together with the date, time, query, the file that was queried (name and URL), the quantity of data transferred to you, a notification whether the query was successful, identification data of the browser and operating system used as well as the website from which the access took place (if the access takes place via a link). The server logs are stored in order to be able to inspect the system security, technically administer the website as well as optimise the offer. This data will be, in the event of a hacker attack, forwarded to the law enforcement authorities. No provision of data to third parties beyond this will take place. The server logs are stored for a maximum period of 3 months.

 

2.1.2. Cookies: Cookies are small text files that the website stores on your computer in order to recognise it; these can include information about the use of the website. The information contained in the cookies is used to determine whether you are logged in or which data you have already provided. Cookies are automatically accepted by most web browsers. You can prevent this by changing the settings of your browser. You can remove cookies stored on your PC at any time by deleting the temporary internet files.

 

In particular, the cookies named in the following are stored beyond the respective session.

 

2.1.3. spengle.com uses Google Analytics, a web analysis service of Google Inc. ("Google"). Google Analytics uses so-called "cookies", text files that are stored on your computer and that allow an analysis of your usage of the website. The information regarding your use of the website created by the cookie is generally transmitted to a server of Google in the USA and stored there. spengle.com uses IP anonymisation, meaning that your IP address is first abbreviated by Google within member states of the European Union or in other states party to the Agreement on the European Economic Area. The complete IP address is only transferred to a Google server in the USA and abbreviated there in exceptional cases. Google will use this information on behalf of the operator of the website to evaluate your use of the website, generate reports regarding the website activities and to provide additional services to the website operator associated with the website usage and the internet usage. The IP address transferred from your browser within the scope of Google Analytics will not be combined with other Google data. You can prevent the storage of cookies through a corresponding setting within your browser software; we do point out that in this case you may not be able to use all functions of the website to their full extent. In addition, you can prevent the recording of the data (including your anonymised IP address) generated by the cookie and related to your usage of the website by downloading and installing the browser plug-in available via the following link: (http://tools.google.com/dlpage/gaoptout?hl=de).

 

Google Analytics uses the following cookies: _gid (storage duration 24 hours), _ga (storage duration 2 years), _gat (storage duration 1 minute), AMP_TOKEN (storage duration 30 seconds to 1 year), _gac_<property_id> (storage duration 90 days)

 

2.1.4. Third party providers and remarketing

 

spengle.com uses various services which also use cookies. The cookies settings of third parties are not controlled by spengle.com.

 

Cookies are placed by the following providers for the banners operated and retargeting used by spengle.com:

 

-       Doubleclick by Google, Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; https://www.google.de/intl/de/policies/technologies/ads/

 

spengle.com uses software by the company LiveChat inc. for the live chat function. Cookies are created that include user information (such as their name and their email address) to allow a chat in real time. The transmission of the data takes place in the USA. LiveChat inc. participates in the U.S. Privacy Shield. You can find more information at: https://www.privacyshield.gov/participant?id=a2zt0000000L16xAAC&status=Active

 

You can find more information about the data processed by LiveChat inc. at: https://www.livechatinc.com/privacy-policy/

 

spengle.com assumes no liability for damages you incur through the use of your data by Google, LiveChat inc. or other third parties.

 

In order to prevent cookies being placed by advertisers, you can also block third party cookies in your browser. You will find instructions for the most common browsers here:

 

Firefox: https://support.mozilla.org/en-US/kb/disable-third-party-cookies

Chrome: https://support.google.com/chrome/answer/95647

Internet Explorer: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies

Third party cookies are blocked as a standard setting in Apples Safari.

 

2.2.  spengle.com does not automatically store and use any data in addition to this.

 

2.3.  Links to other websites

 

This website contains links to other websites upon whose content spengle.com has no influence. spengle.com assumes no liability for this content. The respective provider of the linked website is exclusively responsible for the content and correctness of the information provided therein.

 

 

3.  Newsletter

 

3.1.  In order to register for the newsletter service of spengle.com, we at least require your email address to which the newsletter should be sent. Additional information will be used in order to personalise the newsletter for you or to make questions possible.

 

spengle.com uses the single opt-in procedure for the sending of its newsletter. This means that spengle.com will send the newsletter to you as soon as you have signed up for the newsletter service of spengle.com when placing an order by checking the corresponding box and/or by entering your email address on the website. You can cancel a subscription to our newsletter at any time. To do so, either send us an email or cancel the subscription by using the link found at the end of the newsletter. The personal data will be stored and used to send the newsletter until you cancel the subscription.

 

Statistical data regarding the usage of our newsletter will be collected to support optimisation. The subscribed newsletter as well as the use of the newsletter are assigned to the person ordering them within the newsletter engine.

 

No data is provided to third parties.

 

4.  Right of revocation

 

4.1.  The user is authorised at any time to revoke their consent via an email sent to office@spengle.com. Such a revocation makes it illegal to further process the data of the user and will result in the deletion of the user profile.

 

spengle.com stores and uses the data provided and transmitted by the user exclusively within the scope named here.

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