terms and conditions
Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts you conclude with us as the seller (spazio — Hering & Botti LDA.) via the website thespaz.io. Unless otherwise agreed, the inclusion of any terms and conditions of your own is objected to.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or partnership with legal capacity acting in the exercise of their self-employed or commercial activity when concluding a legal transaction.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) By placing a product on our website, we make a binding offer to conclude a contract under the conditions stated in the product description.
(3) The contract is concluded via the online shopping cart system as follows: the goods intended for purchase are placed in the “cart”. You can open the cart via the corresponding button in the navigation bar and make changes at any time. After opening the “checkout” page and entering your personal data as well as the payment and shipping conditions, all order data is displayed once more on the order summary page. Before submitting the order, you can review and change all entries or cancel the purchase. By submitting the order via the corresponding order button, you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided is correct, that receipt of e-mails is technically ensured and, in particular, not prevented by spam filters.
§ 3 Payment methods
The payment methods available to you are shown during checkout. Unless stated otherwise for individual payment methods, payment claims arising from the concluded contract are due immediately.
§ 4 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following applies in addition: we retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.
§ 5 Warranty
(1) The statutory rights in respect of defects apply.
(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage, and to notify us of any complaints as soon as possible. Failure to do so has no effect on your statutory warranty claims.
(3) If you are an entrepreneur, the warranty period is one year from delivery of the goods; the statutory exceptions (damage resulting from injury to life, body or health; damage caused by gross negligence or intent; fraudulent intent) remain unaffected.
§ 6 Liability
(1) We are liable without limitation for damage resulting from injury to life, body or health, in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, in the event of an assumed guarantee for the quality of the purchased item, and in all other cases regulated by law.
(2) Insofar as material contractual obligations are affected, our liability for slight negligence is limited to the foreseeable damage typical of the contract. In the event of a breach of non-material contractual obligations, liability for slightly negligent breaches of duty is excluded.
(3) Data communication via the internet cannot be guaranteed to be error-free and/or available at all times given the current state of technology. We are not liable for the constant or uninterrupted availability of the website.
§ 7 Choice of law, place of performance, jurisdiction
(1) The law of the Portuguese Republic applies. For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the state of their habitual residence (favourability principle).
(2) The place of performance for all services arising from the business relationship with us, as well as the place of jurisdiction, is our registered office (Cascais, Portugal), provided you are not a consumer but a merchant, a legal entity under public law or a special fund under public law.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer information
1. Identity of the seller
spazio
Hering & Botti LDA.
Rua dos Lilazes 530B
2750-245 Cascais, Portugal
NIPC: 518655334
e-mail: nino@thespaz.io
Alternative dispute resolution: the European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion itself and the correction options are carried out in accordance with the provisions “conclusion of the contract” of our general terms and conditions (part I).
3. Contract language, storage of the contract text
3.1. The contract languages are English and German.
3.2. The full text of the contract is not stored by us. Before submitting the order, the contract data can be printed or saved electronically using the browser's print function. After receipt of the order, the order data, the legally required information for distance contracts and the general terms and conditions are sent to you again by e-mail.
4. Essential characteristics of the goods
The essential characteristics of the goods can be found in the respective product listing.
5. Prices and payment
5.1. The prices stated in the respective listings are total prices. They include all price components, including all applicable taxes.
5.2. Any shipping costs are shown separately in the respective listing or during checkout and are to be borne additionally, unless free shipping has been promised.
5.3. The available payment methods are shown during checkout.
6. Delivery conditions
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found in the respective listing.
6.2. If you are a consumer, the risk of accidental loss and accidental deterioration of the goods sold during shipment only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. If you are an entrepreneur, delivery and dispatch are at your own risk.
7. Withdrawal and returns
The withdrawal notice on our page “return policy” applies.
8. Statutory liability for defects
Liability for defects is governed by the “warranty” provision in our general terms and conditions (part I).