Terms of service

Terms & Conditions and Customer Information

I. Terms & Conditions

§ 1 Basic Provisions

  1. The following terms and conditions apply to contracts concluded between you and us as the provider (Justin Martens) via the website www.spiritrfactory.com. Unless otherwise agreed, any terms and conditions of your own that you may use are expressly rejected.

  2. A consumer in the sense of the following provisions is any natural person who enters into a legal transaction for purposes that predominantly do not relate to their trade, business, or profession.
    An entrepreneur is any natural or legal person or partnership with legal capacity acting in the exercise of their commercial or independent professional activity when concluding a legal transaction.

§ 2 Conclusion of Contract

  1. The subject of the contract is the sale of goods.

  2. By listing a product on our website, we submit a binding offer to conclude a contract under the conditions stated in the respective product description via the online shopping cart system.

  3. The contract is concluded via the online shopping cart system as follows:

    The goods intended for purchase are placed in the shopping cart. You can access the shopping cart at any time using the corresponding button in the navigation bar and make changes there.

    After clicking the “Checkout” or “Proceed to Checkout” button (or a similar designation), entering your personal data and selecting the payment and shipping terms, a final order overview will be displayed.

    If you use an instant payment service (e.g., PayPal Express/Plus/Checkout, Amazon Pay, Sofort, giropay), you will either be redirected to the order overview page in our online shop or to the website of the respective payment service provider.
    There you will enter the required information. Afterwards, the order overview will be displayed either on the payment provider’s page or after you are redirected back to our online shop.

    Before submitting the order, you can review and amend the information in the order overview once more (also using your browser’s “back” function) or cancel the order.

    By submitting the order via the corresponding button (“place binding order”, “buy now”, “pay now”, or similarly labeled), you declare your legally binding acceptance of the offer, thus concluding the contract.

  4. Order processing and the transmission of all information required in connection with the contract are carried out by email, partly automatically. You must ensure that the email address stored with us is correct and that receipt of emails is technically ensured, particularly not blocked by spam filters.

§ 3 Special Agreements on Offered Payment Methods

(1) Payment via SOFORT / Instant Bank Transfer

Payment processing is carried out by Sofort GmbH (Theresienhöhe 12, 80339 Munich, Germany), a company of Klarna Group.
You must have an online banking account enabled for Sofort usage. Verification and confirmation of the payment instruction take place directly during the ordering process.
Further information: https://www.klarna.com/sofort/

(2) Payment via Klarna

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options:

  • Invoice (“Pay Later”)

  • Installments (“Financing”)

  • Direct Debit (“Pay Now”)

  • Credit Card

Use of Invoice, Installments, or Direct Debit requires a positive credit check. For this purpose, we transfer your data to Klarna for address and credit verification. Only payment methods permitted based on the credit check results will be offered.

Klarna terms and further information:
https://www.klarna.com/de/

(3) Payment via PayPal / PayPal Checkout

If you choose a payment method offered via PayPal or PayPal Checkout, processing takes place via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg.
PayPal may use additional payment services, which will be shown during payment.

More information: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full

§ 4 Right of Retention, Reservation of Title

  1. You may exercise a right of retention only insofar as it concerns claims arising from the same contractual relationship.

  2. The goods remain our property until full payment of the purchase price.

§ 5 Warranty

  1. Statutory warranty rights apply.

  2. Consumers are asked to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible.
    Failure to do so does not affect your statutory warranty rights.

  3. If a characteristic of the goods deviates from the objective requirements, such deviation shall only be considered agreed upon if you were informed of it before submitting your contractual declaration and it was expressly and separately agreed between the parties.

§ 6 Choice of Law

  1. German law applies. For consumers, this choice of law only applies insofar as mandatory protections of the consumer's country of residence are not removed.

  2. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) do not apply.

II. Customer Information

1. Identity of the Seller

Justin Martens
Holzhauser Straße 25
32257 Bünde
Germany
Phone: +49 15120797332
Email: spiritracingfactory@gmail.com

Alternative dispute resolution:
The European Commission provides an Online Dispute Resolution (ODR) platform at:
https://ec.europa.eu/odr

We are not willing or obliged to participate in dispute settlement procedures before consumer arbitration boards.

2. Information on the Conclusion of the Contract

The technical steps leading to the conclusion of the contract, the conclusion itself, and correction options are described in the section “Conclusion of Contract” in our Terms & Conditions (Part I).

3. Contract Language and Storage of the Contract Text

3.1. The contract language is German.

3.2. The full contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed or saved electronically using the browser's print function. After the order has reached us, the order data, required legal information for distance contracts, and the Terms & Conditions will be sent to you by email.

4. Essential Characteristics of Goods or Services

The essential characteristics of the goods and/or services can be found in the respective product descriptions.

5. Prices and Payment Terms

5.1. The prices stated in the respective product listings represent total prices and include all applicable taxes.

5.2. Shipping costs may apply to most products.
The amount of the shipping costs depends on the type of product, quantity ordered, and the destination country.
For certain products, free shipping is available. Whether an item qualifies for free shipping is indicated on the respective product page.

The exact shipping costs are calculated automatically during checkout and are clearly displayed before the order is completed.

5.3. The available payment methods are listed on our website and in the respective product descriptions.

5.4. Unless otherwise specified, payment claims are due immediately.

6. Delivery Conditions

6.1. Delivery conditions, delivery times, and any delivery restrictions are listed on our website or in the respective product descriptions.

6.2. For consumers, the statutory rule applies: the risk of accidental loss or deterioration of the goods during shipping transfers to you only upon receipt of the goods.
This does not apply if you commissioned a transport company not appointed by us.

7. Statutory Warranty Rights

Warranty rights follow the provisions in the section “Warranty” in our Terms & Conditions (Part I).