General Terms and Conditions of Business

§ 1 General

Spectator GmbH, Eppendorfer Baum 5, 20249 Hamburg, managing directors: Marcus Gosche, phone: +49 40 51 32 68 20, info@spectator.cc (hereinafter " spectator.cc" or "we"), operates an online shop at the internet address www.spectator.cc (the "Website"). All orders placed by you via the Website as well as our deliveries and services are governed exclusively by the General Terms and Conditions of Business set out below, as applicable at the time the order is placed. We do not accept any diverging terms and conditions from the customer except where specifically agreed in writing.

§ 2 Contracts

  1. The languages available for contracts depend on the country of destination selected:

Destination

Verfügbare Sprachen

Available languages

German, English

Austria

German, English

Switzerland

German, English

Italy

German, English

France

German, English

UK

English

USA

English

Japan

English

Middle East

English

Singapore

English

Hong Kong

English

Australia

English

Netherlands

German, English

Other EU Member States

German, English

Non-EU European countries

English

Other destinations

English

Middle East: Bahrain, Qatar, Kuwait, Oman, Saudi-Arabia, UAE

2. The presentation of products on our Website does not constitute any offer by spectator.cc for a purchase contract.

3. By submitting the order form provided on our Website to us you are placing a binding offer for a purchase contract with us. You submit an offer by entering all required information during the ordering process and posting the order form to us by using the button "complete purchase". Before you submit your offer you will be able to view the details input by you and correct any mistakes in the information provided.

4. On receipt of your order we will send you an e-mail confirming receipt of your order and stating the details of your order (order confirmation). Please note that our order confirmation does not constitute a declaration of acceptance of your contractual offer but serves for information purposes only.

5. A purchase contract between you and spectator.cc will become effective only after we have accepted the offer by dispatching the goods ordered. If payment in advance was chosen as payment option, the goods will be dispatched only after the full amount has been credited to our account.

6. spectator.cc has the right to refuse any offer without stating a reason, especially if there are legitimate grounds to suspect that the goods purchased via the internet are intended to be resold on a commercial basis.

§ 3 Cancellation policy advisory

The cancellation policy applies solely to consumers under § 13 of the German Civil Code of Law. Consumers are all individuals that complete a transaction that is not attributable to their commercial or self-employed occupation.

CANCELLATION POLICY

You may repeal your contract of purchase within 14 days without having to state reasons. The allocated cancellation timeframe is 14 days, effective the day that you or an assigned third party, who may not be the carrier/courier, took said commodities into their possession. To administer your right to cancel your order, you have to inform us, Spectator GmbH, Blankeneser Hauptstraße 159, 22587 Hamburg, Germany, service@spectator.cc, Phone +49 40 30 03 94 35, Fax: +49 40 30 70 36 59, by sending us an explicit declaration stating that you are repealing your contract of purchase (for example: by sending us a letter in the mail, fax, or an email). You may use the cancellation template that is attached; however, it is not mandatory to use this template. It will suffice to send us your notification of repeal within the given cancellation timeframe in order for the 14-day cancellation timeframe to be granted. CONSEQUENCES If you repeal your contract of purchase, we are obligated to refund all payments that we have received from you, including shipping costs (excluding additional shipping costs that result from choosing a different shipping option, other than the regular standard shipping option that we offer) immediately and within 14 days at most, effective the day that we receive your repeal. The payment method which was used to make the transaction will also be used for the reimbursement, unless we have explicitly agreed to something else. You will not be charged any fees for the reimbursement. We reserve the right to withhold the reimbursement until we have received the returned items or until we have received your notification that you have returned the items, whichever comes first. The items have to be sent back to us immediately and no later than fourteen days after the date on which you have notified us of the cancellation of this contract. The extended deadline will be granted if the items are sent back within fourteen days. All return shipments are at your expense. You are only required to compensate us for any loss in value if the loss in value can be traced back to unnecessary handling, which goes beyond the admissible proofing of the condition of the item, its characteristics and functionality.

End of advisory

§ 4 Voluntary returns right

1. In addition to your legal right of return, spectator.cc also offers the following voluntary right of return: All of the items featured on spectator.cc can be returned to spectator.cc within 14 days of receipt. The voluntary right of return only applies to non-faulty items that are in their original condition, have not been worn, altered or washed; with all tags attached.

2. Return shipments

2.1. All return shipments will be at our expense, if the following provisions are complied with.

2.2. All return shipments are made solely using the same service as the original delivery (DHL) using the way bill or return sticker that is enclosed in the original package. The necessary documents and instructions for returning items will be enclosed in your package.

2.3. Please note that we can only accept returns from the country which the shipment was sent to. If the shipment was sent to Austria, for instance, we can only accept a return from Austria.

2.4. In case of a return, we will refund the money onto your account/credit card. Potential losses due to currency fluctuations will not be refunded.

2.5. Please send all returns to: Spectator GmbH, Blankeneser Hauptstraße 159, 22587 Hamburg, Germany, service@spectator.cc.

3. If you have questions regarding our returns policy, please contact a customer service representative: email: service@spectator.cc Phone: +49 40 30 03 94 35, Fax: +49 40 30 70 36 59

This voluntary right of return does not limit your legal rights nor does it limit your right to the above-mentioned cancellation policy.

§ 5 Prices; product presentation; availability; Gift Card; promotion code

1. The prices stated on our Website www.spectator.cc at the time of your order apply.

2. The goods offered at spectator.cc are presented on the Website in the form of digital photographs of the actual products. Minor discrepancies between the presentation and the actual products do not qualify as a defect in the goods ordered.

3. If you have ordered several items at the same time, the products may be delivered at different times. Sec. 266 BGB remains unaffected. Shipping charges will be incurred only once in any such case.

4. Gift Card

4.1 The Gift Card can be used to purchase any article available on our website – except for additional Gift Cards – prior to its expiration date.

4.2. Exchanges or reimbursements of your gift card are only applicable in accordance with the return and withdrawal rights and conditions.

4.3 The Gift Card is only valid in countries that we ship to in the respective currencies, stated on our website. The Gift Card can only be used in the destination country, determined when purchasing the Gift Card.

4.4 When purchasing the Gift Card you may choose between sending the Gift Card per email or by regular mail.

4. 5 spectator.cc is not responsible for the fraudulent use of or any lost, stolen, or destroyed Gift Cards, which goes into effect as soon as the Gift Card has been received. If sent per email, spectator.cc is not responsible for misspellings or errors in the recipient’s email address.

4.6 spectator.cc reserves the right to cancel or block the Gift Card, if deemed necessary due to legal reasons, for example, in case of loss or misuse of the Gift Card. You will be informed immediately by spectator.cc in the case of cancelling or blocking the Gift Card.

5. Promotion Code

5.1 Promotion codes have different time periods of validity and are applicable for purchase of any product available on the website, except additional Gift Cards. To determine the validity period, please refer to the document which contains the promotion code.

5.2 Exchanges or reimbursements of promotion codes, which were part of a marketing promotion or which you may have received on behalf of spectator.cc, are non-permissible. The disbursement of promotional codes is not permissible outside of the standard return timeframe stated in our terms and conditions.

5.3 spectator.cc cannot be held responsible for any fraudulent or non-authorised uses of promotion codes.

5.4 spectator.cc reserves the right to cancel or block the promotion code, if deemed necessary due to legal reasons, for example, in case of loss or misuse of the promotion code. You will be informed immediately by spectator.cc in the case of cancelling or blocking the promotion code.

§ 6 Storage of contract data

We store your order data. If you wish to print your order, you may do so by printing out an "acknowledgment of receipt". It will appear on your screen once you have submitted your order to us by clicking the "complete purchase" button and your credit card details have been verified. In addition, you will receive an email order confirmation stating all details entered as well as the cancellation template, which can be printed.

§ 7 Shipping & dispatch

1. Your package will be shipped with DHL, depending on the final destination. In Germany, you may choose DHL Standard or DHL Express as your preferred shipping method. Spectator.cc is liable for any potential transport risks.

2. The goods will be ready for dispatch on or after the day (working day) following your order. Unless agreed otherwise, delivery will be made within 1 to 5 business days to the shipment address specified by customer, depending on the shipment method and place (country) of delivery chosen. If payment in advance was chosen as payment option, the goods will be dispatched only after the full purchase price has been credited to our account.

3. Deliveries to non-EU destinations

3a) Deliveries to Switzerland: Based on experience, deliveries to Switzerland take 1 to 3 business days. Please be aware that we cover the insurance of the goods and all costs incurred for shipping documents. The product prices as indicated include value-added tax as applicable in Switzerland as well as customs and handling charges, but are exclusive of German value-added tax. In case of a return, customs duties and handling fees can be refunded only as a voucher.

3b) Deliveries to other destinations: Based on experience, deliveries to countries liable to customs duties take 2 to 5 business days. Please be aware that we cover the insurance of the goods and all costs incurred for shipping documents. The product prices as indicated are exclusive of value-added tax and customs duties, and are also exclusive of German value-added tax. Please note that DHL will charge all import sales taxes, customs duties and handling charges separately for each country. For any questions about taxes and duties in your country, please e-mail to our Customer Care Team: service@spectator.cc. Please note that you will be responsible for any banking charges as may be incurred in foreign countries. In case of a return, customs duties, import sales taxes and DHL handling charges, will not be refunded.

4. Shipping charges

Destination

Carrier

Shipping costs

Germany

DHL Express

16,00 EUR

Germany

DHL Standard

0,00 EUR

Hamburg only

Blitzkurier (for telephone order only)

15,00 EUR

North America

DHL

23,00 EUR

South America

DHL

69,00 EUR

Central America

DHL

69,00 EUR

Asia

DHL

69,00 EUR

Africa

DHL

69,00 EUR

Oceania / Australia

DHL

29,00 EUR

European Union

DHL

19,00 EUR

Non-EU European

DHL

34,00 EUR

Other destinations

DHL

69,00 EUR

Courier: 15.00 EUR, only in the Hamburg municipal area and only if paid by credit card, same day delivery if ordered by 16:30 h CET, Mondays to Fridays (except public holidays, for telephone order only). Shipping charges will be incurred only once for deliveries in instalments. 5. As a gesture of goodwill, spectator.cc agrees to grant customer upon request a price adjustment by way of store credits, to be redeemed within one year, should the price of any regular item be first reduced within seven days after the contract with customer became effective. The price adjustment will be contingent upon availability of the same size and/or colour of the item at the time the price is reduced. This shall not apply to items that were marked down at the time of purchase already or were purchased as part of another special price campaign.

§ 8 Payment; default in payment; setoff; right of retention

1. Payment using a credit card, debit card, PayPal, Amazon Payments or Sofort Banking . You can use a credit card, debit card, PayPal or Amazon Payments to pay for your purchase at spectator.cc. Depending on the country that you are ordering from, we accept the following methods of payment:

Destination

Currency

Amazon Payments

PayPal

Visa

MasterCard

American Express

Germany

EUR

yes
yes
yes
yes
yes

Austria

EUR

yes
yes
yes
yes
yes

Italy

EUR

yes
yes
yes
yes
yes

France

EUR

yes
yes
yes
yes
yes

UK

EUR

yes
yes
yes
yes
yes

Other EU countries

EUR

yes
yes
yes
yes
yes

Switzerland

EUR

yes
yes
yes
yes
yes

Other European countries outside of the EU

EUR

yes
yes
yes
yes
yes
USA

EUR

yes
yes
yes
yes
yes
Japan

EUR

yes
yes
yes
yes
yes

Middle East

EUR

yes
yes
yes
yes
yes

Singapore

EUR

yes
yes
yes
yes
yes

Hong Kong

EUR

yes
yes
yes
yes
yes

Australia

EUR

yes
yes
yes
yes
yes

Netherlands

EUR

yes
yes
yes
yes
yes

Rest of the World

EUR

yes
yes
yes
yes
yes

All payments and credit notes will be handled in the currency chosen for the purchase (see also currencies).

§ 9 Retention of title

The goods delivered remain property of spectator.cc until full payment has been made.

§ 10 Inquiries, complaints

For any inquiries about your order or complaints, please contact our Customer Care Team:

email: service@spectator.cc phone: +49 40 30 03 94 35 Fax: +49 40 30 70 36 59

§ 11 Warranty

Claims based on defects in the delivered goods shall be governed by the applicable legal provisions, to the exception that any claims for damages relating to defects shall be subject exclusively to section 12 below.

§ 12 Liability

1. We accept unlimited liability for damage caused by intent or gross negligence. Our liability for breaches by ordinary negligence of any major obligations or secondary obligations whose breach puts the achievement of the contractual purpose at risk or whose fulfilment is essential to the due and proper performance of the contract and whose fulfilment customer could reasonably rely upon ("essential obligation"), shall be limited to foreseeable damage characteristic for the contract. We accept no liability for any breach by ordinary negligence of contractual obligations which are not essential obligations.

2. Nothing in this shall prejudice our liability in the event of fraudulent concealment of defects or a guarantee as to quality, for claims based on the Product Liability Act, and for damage caused by injury to life, limb or health. This shall not entail a reversal of the burden of proof to customer’s disadvantage.

3. To the exception of claims based on tort, any claims for damages of customer for which our liability is limited hereunder, shall become time-barred one year after the commencement of the statutory limitation period.

4. Any exclusion or limitation of the liability of spectator.cc shall extend also to the personal liability of its employees, members of staff, representatives and vicarious agents.

§ 13 Governing law, severability

1. All legal disputes arising out of or in connection with a purchase contract shall be governed exclusively by German law to the exclusion of the UN Sales Convention.

2. If any provision is invalid, nothing in this shall prejudice the validity of the remaining provisions hereof.


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