General commercial terms and conditions effective as of March 2011
in our Company’s point of mail-order sale
SP United Vertriebs GmbH
[“SP United Distribution” limited liability company]
Eitnergasse 7, A-1230 Vienna, Austria
Number in the Register of Entrepreneurs: 216760s, Court Register of Entrepreneurs: HG Vienna
Office in accordance with ECG [E-Commerce-Gesetz = law on legal aspects of e-commerce]: Magistratisches Bezirksamt für den 23. Bezirk [ Municipal Office for district 23]
Head officer: Thomas Krenn
Tax identification number: ATU53024908
Bank account for international transactions:
IBAN: AT75 2011 1300 0106 7413
1. Scope of commercial terms and conditions
SP United Vertriebs GmbH operates an online shop on the website www.sp-connect.eu. These commercial terms and conditions, as may be effective at the time of signing the agreement, shall apply to commercial transactions between you and SP United Vertriebs GmbH
(hereinafter referred to also as SP United). SP United does not accept any other commercial terms and conditions, including those you represent, except for those which we had previously expressly approved in writing under the pain of invalidity.
When you place your order, it is deemed that you have accepted our commercial terms and conditions, which at the same time become an integral part of any individual purchase contract. Any changes to general commercial terms and conditions shall be published on the website www.sp-connect.eu or else invalid.
2. Conclusion of the contract
Placing an order constitutes your legally binding offer for conclusion of a contract. After you have placed your order on our website www.sp-connect.eu, you will receive a reply e-mail with all the details regarding your order: product name, terms of delivery, terms of payment and delivery itself. (The e-mail is a confirmation of your order). Pursuant to the confirmation, we accept the order and thus a purchase contract is concluded. When we send the ordered goods to you, you will also receive an e-mail (confirmation of dispatch). The performance under the contract shall be provided in our Company's registered office.
We explain that SP United is not bound by your offer until it accepts your online order referred to hereinabove. If the order is not completed for whatever reasons, you will be informed thereof by e-mail. You will also be informed if your order exceeds the amount of goods available in our warehouse, or if the goods exceptionally may not be delivered to you.
Applicable law, jurisdiction
Unless statutory, mandatory rule of law provides otherwise, disputes shall be resolved in accordance with Austrian law. United Nations Convention on International Sale of Goods, as well as any other agreements regarding international transactions shall apply. The language of the contract shall be the German language. The Parties to the contract agree that the jurisdiction shall be vested in Austrian national courts. To any disputes arising in connection with the contract and resolved by the court, mandatory arrangements at the customer's registered address/office shall apply. If a dispute is not connected with a consumer transaction, the jurisdiction shall be vested exclusively in the relevant local court according to our enterprise's registered office.
3. Right to withdraw from the contract
3.1. Right to cancel for EU customers
Information regarding cancellation
3.1.1. Right to cancel
You may send your statement of cancellation in writing (e-mail or mail) within 30 days without giving the reasons for your decision or you may cancel the order by return delivery, should you receive the goods before the given time limit lapses.
The said time limit of 30 days starts upon your receipt of this information, however, no sooner than upon delivery of the goods to the recipient (for return delivery of the goods of the same kind, no sooner than upon delivery of the first part of the goods), and no sooner than upon fulfilment of the requirement to provide information pursuant to article 246 paragraph 2 with reference to paragraph 1 items 1 and 2 of EGBGB and fulfilment of our obligations under paragraph 312e item 1 point 1 with reference to paragraph 246 paragraph 3 of EGBGB [Einführungsgesetz zum Bürgerlichen Gesetzbuch = Introduction Act to the Civil Code]. The time limit does not include the date when it starts (conclusion of the contract or delivery of the goods to the customer). You may withdraw from the contract within the given time limit in writing by e-mail or by mail sent to the below address. In order to observe the time limit, you may just return the goods in the said time limit to the following address:
Returns or statement of withdrawal shall be sent to:
SP United Vertriebs GmbH
Eitnergasse 7, A-1230 Vienna, Austria
A copy of an invoice/bill should be enclosed with the letter.
Exceptions to the right of withdrawal are set out in point 3.2.
3.1.2. Consequences of cancellation
If your appeal is successful, any and all performance and financial benefits (such as interest) shall be returned. Exceptions to the right of withdrawal are set out in point 3.2. If you have damaged the goods, if the goods are soiled, are in bad condition or if you cannot return the good for any reason, you are obliged to return the equivalent of their value.
Short quality inspections, which would also be possible during purchase in a regular shop, do not constitute damage. You may avoid returning the equivalent, if you do not treat the goods as your own property, you do not use them as such nor take actions which could decrease value of the goods. SP United Vertriebs GmbH does not cover costs of return deliveries. The said time limit starts for you when you send your statement of cancellation or when you send the goods to us, and it starts for us upon receipt thereof. The right to keep the property shall apply for the time of awaiting for return of the goods.
The end of information regarding appeal and return of value equivalent.
Catalog of exceptions to the right of withdrawal:
There is no right of withdrawal for contracts concerning
Goods (e.g. Edition Phone Cases) which are manufactured according to customer specifications, which are not prefabricated and for whose manufacture an individual selection or determination by the consumer is decisive or
Articles which are offered under the heading "Sale" at greatly reduced prices,
Goods ready for parcel shipment are to be returned by the consumer, goods not ready for parcel shipment will be collected from the consumer by us. If the customer is an entrepreneur according to paragraph 1 UGB, a revocation is completely excluded.
The prices shown in our webshop shall apply, including purchase tax as may be applicable at the time of placing an order, and any costs of delivery. If any export or import charges are imposed during the dispatch, the ordering party shall cover them. The charges are calculated in euro.
In case of delay in payments, we reserve the right to calculate penalty for delay.
5. Terms of payment
To pay for your order, you may choose from:
a) credit card: VISA, MASTERCARD, AMERICAN EXPRESS
In the order form please provide details of your credit card. Our system provides safe data transfer: any details regarding your credit card or your bank account are transferred via SSL code.
SSL (Secure Sockets Layer) is a system of transferring encoded data via Internet, It hides your data from unauthorized persons and therefore does not allow abuse of your data or your credit card. If any website is secured by SSL, you will see a relevant icon (key-padlock) at the bottom of your browser. You will find more details about SSL on Wikipedia.
b) by Pay Pal
Pay Pal is a payment system dedicated to on-line payments. It is fast, user-friendly and provides data security. In order to make such payment, you need to register into Pay Pal website. With Pay Pal you can pay in the majority of on-line shops without the need to enter your details every time.
c) by Apple Pay
Apple Pay is a mobile payment and digital wallet service by Apple Inc. that lets users make payments using an iPhone, Apple Watch, iPad or Mac.
6. Delivery / Costs of delivery
We deliver our good to all EU countries. If no other arrangements are made, we deliver the goods to the given delivery address. Any information delivered by us referring to the availability of the product/article, delivery and dispatch are only for informational purposes and are not binding for us in respect to guarantee of delivery terms. Usually the goods are ready for dispatch within 24 hours. You will be informed by e-mail about any delays. Deliveries are available while stocks lasts. If SP United does not have the product you have ordered, we reserve the right to withdraw from the purchase contract. Thus, the delivery will not be made and you will be informed thereof immediately. SP United reserves the right to add to the invoice any additional costs related to dispatch and delivery, even if they arise in connection with unsuccessful delivery.
If one order is sent in several parcels, delivery fees are calculated on a one-off basis.
Costs of returns are covered by the ordering party. SP United Vertriebs GmbH does not cover costs for return deliveries.
7. Reservation of property right of a sold item
Delivered goods remain the property of SP United until the goods and delivery are completely paid up. The Party to the contract waives possibility of deduction. The customer may file a counterclaim regarding our liability only in court or upon our express consent.
The guarantee for the goods we sell is issued in compliance with the law of Austria. No assignment of the ordering party's claim is allowed.
No claims for relief arising from damage caused by slight negligence of SP United are allowed.
9. Data protection
Details regarding your address and order are recorded automatically in accordance with statutory regulations regarding data protection. We use this information only to contact you with reference to the order, products, services and marketing offers, and to update your data and to maintain your account in our on-line shop. The said data is made available to our contractors for the purpose of order completion. They are also processed for marketing purposes. At any time, you may cancel your consent for using, processing and transferring your data for marketing purposes to third parties, by sending an e-mail to: firstname.lastname@example.org.
This website is using Google Analytics, a website analytical service provided by Google Inc. ("Google"). Google Analytics uses the so-called "Cookies", that is text information saved on your computer, in order to personalize the use of the website. Information contained in Cookies regarding your usage of the website (including your IP address) is transferred to a server in the USA and saved there. Google uses this information in order to verify how you use the website and to prepare reports on website traffic for the authors of the site and to develop services related to the website activity. Google sends this information to third parties, if statutory provisions provide so or if the third parties process this information upon Google's order. Google uses its best efforts to prevent compiling your IP with other data in Google's possession. You may prevent cookies from installing if you properly set your web browser. Note, however, that if you do so, some functions on the website may not be available to you. When you decide to use this website, you give your consent to your data being processed for the above mentioned purposes.
Protection of your data
Google Analytics uses small, grouped symbols with the text ("cookies") which are saved on your computer upon clicking on the relevant symbol. Usually cookies are active on your computer for approximately 30 days. If you visit any subpages of our website within this time, both Google and SP United will be informed thereof, and you will see the information from Google of that fact.
If you want to know more about Google's data processing and about cookies, read Google's data protection rules. If you wish to disable cookies, you may set your browser in such a way that cookies will be sent back or that you will be informed about cookies sent to you. Consider, however, that if you do not accept cookies, some websites may not work properly.
Apart from information concerning your order, you will also receive from us details on our offer and special offers. If you wish to receive such information by e-mail, please send a message to the following address: email@example.com.
Notify us about any changes of your e-mail address, address of residence or registered office, so that transaction may proceed undisturbed. In case of the ordering party's failure in providing current data, SP United 's commercial arrangements continue apply.
Any elements on SP United's website constitute an intellectual property of SP United. Friend links to our website are allowed and welcome. Copies and reproductions (including printing) are allowed only to complete an order for SP United or to use this website for informational purposes for customers. Any other use of materials and information available on the website, including reproduction, further distribution, introduction of modifications or publishing for the purposes other than the above mentioned, is prohibited, unless SP United Vertriebs GmbH gives its written consent thereto.
If any of the provisions hereof shall become invalid, the remaining provisions are still in force.
Information concerning online Dispute Settlement pursuant to Art. 14 para. 1 of the ODR Regulation: The European Commission provides a platform for online dispute settlement, you will find it under http://ec.europa.eu/consumers/odr/ .