- Subject Matter
- TimeSpin GmbH, Germany, firstname.lastname@example.org (“TimeSpin“, “we“, “us“) offers personal time-keeping devices. The Shop is provided for the purpose of giving you information about the product/s offered and placing orders. The products offered consist of a hardware component and the corresponding software for using the device.
- These Terms and Conditions (“Terms“) govern the relationship between you as a customer (“Customer“, “you”) and TimeSpin. You accept these Terms through your click on the respective checkbox in the registration or buying process and by clicking on the “Accept” button. TimeSpin offers, makes available, and delivers its personal time-keeping devices only on the basis of these Terms. Before placing an order, you have to agree to these Terms.
- We reserve the right at any time to change these Terms as well as to change the Shop or any products, services and content. Customer’s orders will be subject to these Terms in effect at the time Customer places the order, and Customer accepts the then-current version by placing the order.
- Any statements regarding our prices and discounts are non-binding and subject to change without notice. They do not constitute a legally binding offer on the part of TimeSpin. If you are an entrepreneur this also affects statements regarding our products. By ordering products you submit a binding offer for the conclusion of a contract with TimeSpin. By clicking the “Order now” button and accepting these Terms, you confirm your Order. However, an Order can only be placed and processed if you have filled out the mandatory spaces.
- The confirmation of the received Order does not constitute the acceptance of the offer by TimeSpin. With the acceptance of your offer by TimeSpin (which is confirmed by TimeSpin sending you the shipping confirmation), the contract is concluded.
- Only the products listed in the shipping confirmation will be delivered and invoiced. Products not listed, are not part of the contract.
- Prices and delivery charges
- The prices indicated on the Website are net prices without statutory Value Added Tax. The total amount payable for your Order will be shown to you at check out prior to clicking the “Order now” button. Please note that our prices do not include any customs duties these vary depending on the country of delivery. The corresponding customs duties are to be paid by the customer.
- Payment methods
- In order to pay your Order, you can use PayPal, Credit Card or SEPA.
- Coupon code/ Value Vouchers/promotion
- With a valid coupon code, you are entitled to the defined service within the period indicated on the coupon.
- Coupon codes have limited validity and a minimum order value, which is determined by the respective coupon code or discount conditions.
- Only one coupon per Order can be used and not it’s combinable with other discount promotions. Promotional prices (strike prices) are valid as a discount promotion.
- A Value Voucher is a voucher denominated in a nominal value in Euro, which entitles the holder to use this Value Voucher to purchase TimeSpin products. The Value Vouchers reduce the amount due by the gross amount indicated.
- A Value Voucher can be redeemed within three years. This redemption period begins at the end of the year in which the Value Voucher was purchased.
- A cash payment of the Value Vouchers is excluded.
- If we have special promotions, their validity period and their specific provisions are indicated in the Shop and/or in the respective promotion materials, such as promotional emails.
- Delivery and retention of title
- The delivery will be made by standard shipment (Post or DHL) to the address you have indicated during the ordering process. Please make sure that such address is correct. Make sure to notify any transport damages to the shipping company immediately after receiving the products.
- Delivery is made worldwide. Delivery outside the European Union will be effected without the German value-added tax. Any other taxes and customs have to be paid by you.
- TimeSpin reserves the right to deliver the products you have ordered in more than one shipment, in which case TimeSpin shall cover any potentially applicable additional costs of such delivery.
- The ownership of the product shall remain with TimeSpin until TimeSpin has received payment in full on its business accounts.
- Information concerning the exercise of the right of withdrawal
- Right of withdrawal
- You have the right to withdraw from this contract within thirty (30) days without giving any reason. Company orders exceeding five (5) Trackers are exempted from this returns policy, for this reason, we advise you to order 1 test Tracker first.
- The withdrawal period will expire after thirty (30) days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
- To exercise the right of withdrawal, you must inform us (TimeSpin GmbH, Germany, email@example.com) via email at firstname.lastname@example.org of your decision to withdraw from this contract by an unequivocal statement if you are an entrepreneur. If you are a consumer you can also use the Model withdrawal form for consumers below, but it is not obligatory and you are not obliged to send the withdrawal form via email, so you can also use a letter sent by post or fax.
- 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.
- To return any non-virtual goods, please complete this form and add it to the returned items.
- If you’re resident in North America, please return the items to the following address:
c/o Oliver Otto
Zum kleinen Deichfluss 18
- Right of withdrawal
- 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 no 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 (If you’re resident in North America, please return the items to the following address:
c/o Oliver Otto
Zum kleinen Deichfluss 18
without undue delay and in any event not later than thirty (30) 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 thirty (30) 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.
- Further provisions on withdrawals
- Your right of withdrawal does not apply to any products that you have ordered from TimeSpin if such products have been manufactured to your personal specifications communicated to TimeSpin.
- Please try to use the original packaging in which TimeSpin has delivered the products to you for sending back the products to TimeSpin. Should you not have the original packaging anymore, please use alternative means of packaging that provide sufficient protection to the products you are sending back to TimeSpin. Please note that adhering to this section 7.16 is not a precondition for you exercising your right of withdrawal.
- Warranties for consumers
- The statutory warranty law shall apply to consumers. Please complete the following form and send the product in either its original packaging or packaging providing an equal degree of protection to the address specified above in section 7.16. You will bear the direct cost of returning the goods as specified in section 7.12 above.
- Warranties for entrepreneurs
- The warranty for entrepreneurs is excluded to the extent permitted by law. But TimeSpin offers a 1- year warranty on the TimeSpin Tracker device. The warranty begins from the order date. If your TimeSpin Tracker suffers hardware failure or defects in materials or workmanship under normal use during the first year, TimeSpin will replace it. Prior to shipping out a replacement, your products will need to be shipped back to us. Please complete the following form and send the product in either its original packaging or packaging providing an equal degree of protection to the address specified above in section 7.16. You will bear the direct cost of returning the goods. As may be required by applicable law, TimeSpin may require you to provide proof of purchase details and/or comply with other requirements before receiving the warranty service. Faulty hardware will be replaced with either a new or refurbished product or component as appropriate. This warranty does not apply to products purchased from unauthorized resellers.
- TimeSpin’s liability toward consumers
- TimeSpin shall be liable for damages to consumers – irrespective of the legal grounds – in the event of intent and gross negligence
- In the case of slight negligence, TimeSpin shall only be liable
- for damages resulting from injury to life, body or health,
- for damages to items accepted for processing, unless something else has been negotiated in detail with the Customer regarding damage to items accepted for processing,
- for damages under Germany’s Product Liability Directive (85/374/EEC) and
- for damages resulting from the breach of an essential contractual obligation, i.e. an obligation the fulfillment of which makes the proper performance of the contract possible in the first place and on the observance of which the customer regularly relies upon and may rely. The essential contractual obligation, in this case, is the delivery of the tracker.
- Furthermore, the liability of TimeSpin towards consumers is not limited by any provision of these Terms.
- TimeSpin’s liability towards entrepreneurs
- TimeSpin is only liable to entrepreneurs for the compensation of damages which he has caused by gross negligence or intentionally. He is not liable for indirect damages, lost profit, loss of interest, missed savings, consequential and pecuniary damages, and damages from third-party claims. Liability is also limited to the costs of remedying the damage, unless the damage was caused intentionally.
- The customer must prove the existence of severe gross negligence or intent.
- Claims for damages of customers (entrepreneurs) against TimeSpin are subject to a limitation period of 12 months from knowledge of the damage and the damaging party. The absolute limitation period of claims for damages of customers (entrepreneurs) against TimeSpin is two years from the conclusion of the contract.
- Law and jurisdiction
- Austrian law shall apply excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
- This choice of law does not result in a consumer being deprived of the protection afforded to him/her by those provisions which, under the law of the country in which he/she has his/her habitual residence, may not be derogated from by agreement (favourability principle).
- Claims by an entrepreneur against TimeSpin may only be brought before the court with subject-matter jurisdiction at the registered office of TimeSpin’s principal place of business. This place of jurisdiction is also decisive for claims of TimeSpin against an entrepreneur, whereby the provider is also entitled to assert their rights at any other local and factually competent court.
- If one or more provisions of these Terms shall be held to be invalid, illegal or unenforceable under applicable law, such invalidity, illegality or unenforceability shall not affect any other provision of these Terms. In place of the invalid, illegal or unenforceable provision, a valid, legal and enforceable provision shall be deemed to have been agreed towards entrepreneurs which is legally effective, enforceable and valid and which comes as close as possible to the invalid, illegal and/or unenforceable provision in economic effect – insofar as this is possible and legally permissible.
- Online Dispute Resolution. The Commission provides an ODR platform in order to resolve disputes concerning contractual obligations stemming from online sales or service contracts between a consumer resident in the Union and a trader established in the Union. The ODR platform can be found here.
- English Version. The English version of these Terms will be the version used when interpreting or construing these Terms.
- For our contact details, please send an email to email@example.com.
- Non-Assignment. You may not assign or otherwise transfer these Terms or your rights and obligations under these Terms, in whole or in part, without our written consent and any such attempt will be void. We may transfer our rights under these Terms to a third party.
- No Waiver. Our failure to enforce or exercise any right arising out of these Terms is not a waiver of that right.