Terms and Conditions

General Terms and Conditions of Spartahub (Uhl E-Commerce GbR)

I. General Terms and Conditions

The following regulations regarding the conclusion of contracts apply to orders placed via our online shop Spartahub.shop § 1 Basic Legal Provisions

(1) These terms and conditions apply to contracts that you conclude with us, Uhl E-Commerce GbR (limited liability), via the websites partahub.shop. Any terms and conditions you may use are hereby expressly rejected, unless expressly agreed otherwise.

(2) For the purposes of these provisions, a "consumer" is a natural person who enters into a legal transaction for private purposes which cannot be attributed to their commercial or independent professional activity. An "entrepreneur" is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the course of their commercial or independent professional activity.

§ 2 Conclusion of Contract

(1) Our contracts concern the sale of goods.

(2) By placing a product on our website, we are already making a binding offer to conclude a contract under the conditions specified in the product description.

(3) The contract is concluded via our online shopping cart system as follows: You place the desired goods in the "shopping cart". You can view and make changes to the "shopping cart" via the corresponding button in the navigation bar. After accessing the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order details will be displayed on the overview page. If using an instant payment system (e.g., PayPal, Amazon Payments, instant bank transfer), you will be redirected either to the overview page in our online shop or temporarily to the website of the instant payment system provider. You enter the required data and are then redirected back to the overview page in our online shop. Before submitting the order, you have the opportunity to review all information, change it (also via the browser's "Back" function), or cancel the purchase. By submitting the order by clicking "Buy", you accept our offer and the contract is concluded.

(4) Please note that all requests for a quotation are non-binding. We will send you a binding offer in writing (e.g. by email), which you can accept within 5 days.

(5) Part of the order processing and the transmission of all necessary information for the conclusion of the contract is carried out automatically via email. Please therefore check and ensure that your registered email address is correct, that you are technically able to receive emails, and in particular that it is not blocked by spam filters.

§ 3 Conclusion of contract for download products

(1) Our contracts concern the sale of download products, which are digital content not delivered on physical media. By placing a download product on our website, we submit a binding offer to you to conclude a contract under the conditions specified in the product description.

(2) The contract is concluded via our online shopping cart system as follows: You place the intended download products in the "shopping cart". You can view and make changes to the "shopping cart" via the corresponding button in the navigation bar. After accessing the "Checkout" page and entering your personal data and payment details, all order information will be displayed on the overview page. If using an instant payment system, you will be redirected either to the overview page in our online shop or temporarily to the website of the instant payment system provider. You enter the required data and are then redirected back to the overview page in our online shop. Before submitting the order, you have the opportunity to review all information, change it (also using the browser's "Back" function), or cancel the purchase. By submitting the order by clicking "Buy", you accept our offer and the contract is concluded.

(3) Requests for quotations are non-binding. We will send you a binding offer in writing (e.g., by email), which you can accept within 5 days.

(4) Order processing and the transmission of all information required for the conclusion of the contract are partly automated via email. You are therefore responsible for ensuring that the email address you have provided to us is correct, technically enables the receipt of emails, and in particular is not blocked by spam filters.

§ 4 Usage rights for download products

(1) Our downloadable products are protected by copyright. With each purchased downloadable product, you receive a simple user license, unless otherwise stated in the product description.

(2) The simple user license allows you to save and/or print one copy of the downloaded product for your personal use on your computer or other electronic device. Further reproduction is not permitted. You may not modify or edit files or parts thereof, nor make them available to third parties, whether privately or commercially.

§ 5 Set-off, Retention of Title

(1) You are only entitled to set-off if your counterclaims have been legally established or acknowledged by us.

(2) The delivered goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following additional conditions apply:

a) Ownership of the goods remains with us until all claims arising from the ongoing business relationship have been settled in full. Pledging or assigning the goods as security before ownership has passed is not permitted.

b) You are entitled to resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale up to the amount of the invoice, and we accept this assignment. You are authorized to collect these claims. However, we reserve the right to collect the claims ourselves if you fail to meet your payment obligations.

c) In the event of combination or mixing of the goods subject to retention of title, we acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

d) We undertake to release the collateral held by us at your request to the extent that the realizable value of our collateral exceeds the secured claim by more than 10%. The selection of the collateral to be released is at our discretion.

§ 6 Warranty

(1) You have the statutory warranty rights.

(2) As a consumer, you are requested to inspect the delivered goods immediately upon receipt for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. This does not affect your statutory warranty rights.

(3) If you are an entrepreneur, the following warranty provisions apply in deviation from the above:

The company Spartahub (Uhl E-Commerce Gbr, Thomas Uhl/ Lore Uhl) Albstrasse 8, 78056, Villingen-Schwenningen grants the consumer a limited-time guarantee for its products in accordance with the following conditions and within the framework described below.

a) The quality of the goods is determined exclusively by our specifications and the manufacturer's product description, but not by other advertising statements or public statements made by the manufacturer.

b) In the event of defects, we will, at our discretion, provide a remedy by either repairing the defect or delivering a replacement free of defects. If the repair fails, you may, at your option, demand a price reduction or withdraw from the contract. A repair is deemed to have failed after the second unsuccessful attempt, unless the nature of the goods or the defect, or other circumstances, dictate otherwise. In the case of a repair, we are not obligated to bear the increased costs incurred by transporting the goods to a location other than the place of performance, unless such transport is in accordance with the intended use of the goods.

c) The warranty period is one year from delivery of the goods. This reduction of the warranty period does not apply to claims for damages based on intentional or grossly negligent conduct, injury to life, body or health, or fraudulent concealment of a defect, as well as to claims under the Product Liability Act and other statutory rights of recourse.

d) To make a warranty claim, customers must complete our form. Customers will be informed about the further processing of the claim after receipt of the form. Return shipping within Germany is subject to a fee in the event of a warranty claim.

e) For gifts, a warranty claim is only possible if the recipient has all relevant purchase information from the giver (email, order number, name, shipping address). This information must be entered unchanged.

§ 7 Choice of Law

(1) Contracts are governed by German law. This choice of law does not apply if it results in the consumer being deprived of mandatory consumer protection provisions of the country in which the consumer has his or her habitual residence.

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

II. Customer Information

1. Seller's identity

Spartahub GbR, represented by Thomas Uhl/Lore Uhl, Albstrasse 8, 78056 Villingen-Schwenningen, in the following agreement:

Alternative dispute resolution: The European Commission provides a platform for online dispute resolution, which you can find at Online Dispute Resolution | European Commission (europa.eu) .

2. Information on the conclusion of the contract

The technical steps for concluding the contract, the contract conclusion itself and the correction options are governed by the provisions in the section "Conclusion of Contract" of our General Terms and Conditions (Part I).

3. Contract language, contract text storage

3.1. The contract language is German.

3.2. We do not store the complete contract text. Before submitting your order, you can print or save the contract details electronically using your browser's print function. After receiving your order, we will send you the order details, the legally required information for distance selling contracts, and the General Terms and Conditions again by email.

3.3. For requests for quotations outside the online shopping cart system, you will receive all contract details in the form of a binding offer in written form, e.g. by e-mail, which you can print or save electronically.

4. Codes of Conduct

4.1. We adhere to the quality criteria of the Händlerbund Management AG buyer seal and the code of conduct of the Ecommerce Europe Trustmark, which can be viewed at: [Link to the quality criteria and the code of conduct].

5. Essential characteristics of the goods or services

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

6. Prices and payment terms

6.1. The prices stated in the respective offers, as well as the shipping costs, represent total prices. These prices include all costs, including all applicable taxes.

6.2. Shipping costs are not included in the purchase price. They can be viewed via a correspondingly labeled button on our website or in the respective offer. During the ordering process, the shipping costs are shown separately and must be borne by you in addition to the purchase price, unless free shipping has been offered.

6.3. If delivery is made to countries outside the European Union, you may incur additional costs, such as customs duties, taxes or fees for money transfers (transfer or exchange rate fees charged by credit institutions).

6.4. You are responsible for the costs of money transfers (transfer or exchange rate fees charged by credit institutions) if the delivery is made to an EU member state, but the payment was initiated outside the European Union.

6.5. The available payment methods are listed under a correspondingly labeled button on our website or in the respective offer.

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

7. Delivery conditions

7.1. The delivery terms, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

7.2. If you are a consumer, the law stipulates that the risk of accidental loss or damage to the product during shipment passes to you only upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by us or another person responsible for carrying out the shipment.

If you are an entrepreneur, delivery and shipping are at your own risk.

8. Statutory warranty rights

The regulations regarding liability for defects can be found in our "Warranty Regulation" in our General Terms and Conditions (Part I).

These terms and conditions and customer information were drafted by specialized IT law attorneys on behalf of the German Retail Federation (Händlerbund) and are regularly reviewed for legal compliance. Händlerbund Management AG guarantees the legal validity of the texts and assumes liability in the event of cease-and-desist letters. Further information can be found at: https://www.haendlerbund.de/agb-service.