BS Marketing Solution GmbH & Third Party Providers General Terms and Conditions 
Terms of Use & Conditions of Sale for Sales and Shipping by “Spargut“Products offered & about Spargut.com Marketplace brokered products.

BS Marketing Solutions GmbH
Place of business/company register address:
Pranzing 27
A-4861 Aurach am Hongar

E-mail: [email protected]
Web: www.spargut.com

Company register number: FN 550663 z
Commercial register court: Commercial Court of Wels
UID NR. Austria: ATU73729405
Place of jurisdiction: catfish

Last modified: 11.01.2023/XNUMX/XNUMX


§ 1 Operator of the online marketplace and validity of these General Terms and Conditions

  1. This online marketplace is operated directly by BS Marketing Solution GmbH. For the online sale of goods by us via the website “www.spargut.com“These general terms and conditions apply exclusively. Other terms and conditions, especially those of customers, only apply if they have been accepted by us. Unfortunately, a purchase is not possible without agreeing to these general terms and conditions. During the checkout process, the customer is informed of the general terms and conditions and accepts them by entering their data. BS Marketing Solution GmbH and third-party providers on our marketplace sell their goods exclusively to consumers and only in normal commercial quantities. All information about goods and prices on “www.spargut.com“are subject to change and non-binding.
  2. On "www.spargut.com“Goods are sold directly by BS Marketing Solution GmbH. However, third-party providers also have the opportunity to sell goods on the marketplace.www.spargut.comto offer. Further information can be found in § 16.
  3. We do not offer products for purchase by minors. Our products for children can only be purchased by adults. Persons under the age of 18 may “www.spargut.com“ can only be used with the involvement of a parent or legal guardian.
  4. The exclusive contract language is German. Payments can only be made in Austria and lawsuits can only be filed in Austria.

§ 2 Conclusion of contract

  1. Within the scope of the online shop, you can select individual goods from various third-party providers and from BS Marketing Solution GmbH from the range and collect them in an electronic shopping cart by clicking on the “Add to shopping cart” button. You can also navigate directly to the checkout by clicking on the "Buy Now" button. An order that is binding for you on the part of the customer only comes about when you have entered all the data required for the execution of the contract, confirmed that you are aware of these General Terms and Conditions and the data protection regulations and clicked on the "Buy now" button. You can change and correct your order and the data given for your order at any time before you click on this button. Within the framework of the online shop, only orders using the specified system can be considered. Unfortunately, we cannot take other orders (such as orders via email or telephone) into account.
  2. After placing your order, you will receive an automatically generated confirmation of receipt of your order by e-mail. The details of your order are listed in this acknowledgment of receipt. If you have not already printed out and/or otherwise saved the data of your order and these general terms and conditions during the ordering process, we advise you to print out and save this e-mail. There is no storage on our part. The acknowledgment of receipt does not constitute a purchase contract; the confirmation of receipt merely documents that your order has been received by us and/or the third-party provider.
  3. We reserve the right to accept your order; We or the third-party provider are not obliged to conclude a contract based on your order. We or the third-party provider only accept your order when the order status changes to "Preparing for shipment" or "Sent". An order can only be canceled if the status of the order is not yet "Preparing for shipment". You will receive notification of this in a separate email. 
  4. In the event that acceptance of the order is refused for the reasons stated, the customer will be informed immediately. The purchase price already paid will be refunded immediately.
  5. An independent cancellation by the customer is possible 3 hours after the order, after which the order will be processed by us or the third party.
  6. If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract is concluded between us for each shipping confirmation for the products listed in the respective shipping confirmation.
  7. You agree to receive invoices electronically. Electronic invoices will be sent to you in PDF format in the section My Account the website, made available on request and attached to the mailing. We will inform you for each delivery in the dispatch confirmation whether an electronic invoice is available. For more information about e-invoices and for instructions on how to get a paper copy of the invoice, visit our help pages.
  8. Despite our best efforts, a small number of products in our catalog may be mispriced. We verify prices when we process your order and before we take payment. If a product is incorrectly priced and the correct price is higher than the price on the website, we will contact you before the goods are dispatched to ask whether you wish to purchase the product at the correct price or cancel the order. If the correct price of a product is lower than the price we quote, we will charge the lower amount and send you the product.
  9. Our products are shipped both from our sellers on our marketplace and directly from our own warehouses in various countries, including Austria, China, Taiwan, Germany, Poland and Spain. For information about which warehouse a specific product is shipped from, you can contact our customer service at any time using our contact form.
  10. By completing your purchase, you consent to us creating a user account for you. This account allows you to conveniently manage your orders.

§ 3 Availability, payment and delivery time of goods

  1. Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. On the website you will find information about the availability of products available at “www.spargut.com” (e.g. on the respective product detail page). We would like to point out that all information regarding the availability, shipping or delivery of a product is only estimated information and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates, unless this is expressly stated as a binding date in the shipping options for the respective product. Provided Spargut or a third party provider discovers that products you have ordered are not available while processing your order, you will be informed separately by email. Please refer § 2.
  2. If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This applies to the shipping costs. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs
  3. If one or more of the goods you ordered are no longer available at the time you place your order, the seller will unfortunately not be able to fulfill your order in full. In such a case, the latter reserves the right to choose whether to partially execute the order or to reject it completely. We will then inform you about this immediately by e-mail.
  4. The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to himself. This only applies in the event that the seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
  5. In the case of deliveries to countries outside/within the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can be related to
    the money transfer also applies if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

§ 5 payment modalities

  1. Immediately: If you select the "SOFORT" payment method, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an activated online banking account for participation in "SOFORT", identify himself accordingly during the payment process and confirm the payment order to "SOFORT". The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited. The customer can access more detailed information on the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/.
  2. Credit card (Visa/ Mastercard): If you select the credit card payment method via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to carry out a credit check and to reject this payment method if the credit check is negative.
  3. EPS: Your account will be debited immediately after placing the order.
  4. Advance payment: If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
  5. Direct debit: The debit is made after the goods have been dispatched. You will be informed of the time by email.
  6. If you choose a payment method offered by the “Klarna” payment service, the payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). More information and Klarna's terms and conditions can be found in the seller's payment information, which can be viewed at the following Internet address: https://spargut.com/zahlungsart-klarna

§ 6 Retention of title

  1. The delivered goods remain the property of the third-party provider or BS Marketing Solution GmbH until the purchase price and all associated costs and expenses have been paid in full. In the event of even a partial default in payment, the seller is entitled to assert the R from the retention of title.

§ 7 Warranty and Compensation

  1. The statutory warranty provisions apply. All information about the goods are quality information and no guarantees.
  2. If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
  3. Claims under the Product Liability Act remain unaffected.

Section 8 Copyright and Trademarks

  1. The website operated by us and its entire content, in particular texts, photos, images, graphics, prints, textile designs, films, presentations, sounds, illustrations and any software as well as all trademarks and/or designs are all protected by commercial property, in particular copyright, Names and images, trademarks and/or registered or unregistered designs are protected against unauthorized use. Any use other than the selection and purchase of goods requires our prior written consent or, if we do not own the respective rights, the rights holder.

§ 9 Applicable Law

  1. All legal relationships of the parties shall be governed by the law of the Republic of Austria, excluding the laws governing the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

§ 10 Reference to telephone costs

  1. Telephone costs arise for you in the event of telephone contact or contact by fax in accordance with your telephone contract; you will not incur any further costs beyond this.

§ 11 Note on import (CUSTOMS)

  1. If you purchase products at “www.spargut.com” from outside the EU, you may be subject to import duties and taxes, which are levied once the package reaches the designated destination. Any additional customs clearance charges will be borne by us. If customs fees are due upon delivery, these fees will be reimbursed by us afterwards. Customs regulations vary greatly from country to country, so you should contact your local customs office for further information. Furthermore, please note that when you order from “www.spargut.com” will not be considered an importer and must still comply with all laws and regulations of the country in which you receive the products. Protecting your data is important to us and we would like to make our international customers aware that cross-border shipments are subject to opening and inspection by customs authorities. For more information please read our customs information.

§ 12 Return 

  1. When returning the goods, the buyer bears the costs for the return shipment. If the package is lost on return, the customer will need to prove that they posted the package, so we recommend that you send with tracking.
  2. If the customer wants to receive a return label from us, we charge a one-off fee of €5 from Austria, €10 from Germany & €12 from all other countries
  3. The buyer can only return the package if the goods have not been altered, destroyed or become smaller.
  4. The consumer usually complies by not accepting the goods when they are first dispatched §§ 293 ff. BGB in default of acceptance, so that he after the dealer Civil Code § 304 owes compensation for the additional expenses that he had to make for the unsuccessful offer and for the storage and maintenance of the owed item. These include, among other things, the costs of sending the goods again and, if applicable, the storage costs for storing the returned goods that arise until the goods are shipped again or the purchase contract is dissolved.
  5. In the event that the consumer provides an incorrect delivery address, which leads to unsuccessful delivery, we reserve the right to charge the consumer the additional costs incurred, such as for unsuccessful delivery, storage until the cancellation is clarified and similar expenses to invoice.

§ 13 Right of withdrawal

A. Cancellation Policy / Return and Refund Policy

Right of return / reasons for return:

You have the right within 30 days without giving reasons cancel this contract and return the product. (Consumers are entitled to a right of withdrawal according to the following stipulations, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity:

The cancellation period is 30 days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.

In order to use your right of withdrawal or to initiate a return, it is necessary to contact us, BS Marketing Solution GmbH with its registered office at Pranzing 27A, 4861 Aurach am Hongar, Austria (telephone: +43 720 115547), via our Contact form) by a clear message (e.g. via letter by post or via our Email contact form) to inform you of your decision to withdraw from this contract. Although you are not obliged to do so, you can use the attached model cancellation form for this purpose.

Alternatively, the better option is to send the return directly via your Spargutaccount, which also makes the revocation effective!

How do I register a return in my account?

  1. Select the relevant order in your account.
  2. Click on the “Register return” button.
  3. Choose one of the return options offered.
  4. Wrap the package. (In the event of a defect or incorrect delivery, enclose a complaint form.) Stick on the return label and take the package to a parcel shop. There are costs for the return: €5 from Austria, €10 from Germany and €12 from all other countries. These costs do not apply if you choose an exchange or shop credit as a refund!
  5. Once we receive the goods, they will be checked and we will refund the total amount within 14 days.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal

If you withdraw from this Agreement, we have to repay all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer) immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us.

For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.

Refund process:

The refund to the original payment method will be made after the goods have been received at our returns center or after we have received proof (posting receipt of the return, picture of the return package) that the goods have been sent back to us. carried out automatically within 14 days.

You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days.

What condition are the products allowed to be in?

  • New (This includes unopened products in their original packaging and products that have never been used.

We cannot accept the following products for return:

The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

The right of withdrawal does not apply to contracts for the delivery of goods that can spoil quickly or whose expiry date would be exceeded quickly.

The right of withdrawal expires prematurely in contracts for the delivery of sealed goods, which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

The right of withdrawal expires prematurely for contracts for the delivery of goods if, due to their nature, they have been inseparably mixed with other goods after delivery.

The right of withdrawal expires prematurely in the case of contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.

Please note that we also cannot accept the return of the following:

goods that are incomplete, damaged, scratched or show signs of use;
Goods without original packaging, missing security films and / or label(s);
Goods with wrinkled, cut, written packaging or labels stuck on;
underwear (exception: sports bra) or swimwear;
Goods for personal use, hygiene articles or other items the use of which requires direct contact with the skin, particularly but not exclusively goods which are sealed and the seal of which has been broken.

How much do customers pay for return shipping?

  • In the case of defective products: No costs
  • If you have buyer's remorse: €5 from Austria, €10 from Germany, €12 from all other countries

In the event of a defective or incorrectly delivered product, we will cover all return shipping costs incurred. 

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.

Affiliated / funded businesses

If you finance this contract through a loan and later revoke it, you are no longer bound by the loan agreement, provided that both contracts form an economic unit. This is especially to be assumed if we are your lender or if your lender uses it to finance our participation. If the loan has already been received by us when the revocation comes into effect or upon the return of the goods, your lender enters into our rights and obligations under the contract financed in relation to you with regard to the legal consequences of the revocation or return. The latter does not apply if the present contract deals with the acquisition of financial instruments (eg securities, foreign exchange or derivatives). If you want to avoid a contractual commitment as much as possible, you make use of your right of withdrawal and also revoke the loan agreement, if you also have a right of withdrawal.

General information

1) Please avoid damage and contamination of the goods. Please return the goods in their original packaging with all accessories and all packaging components back to us. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide suitable packaging for sufficient protection against transport damage.
2) Please do not return the goods to us freight collect.
3) Please note that the aforementioned numbers 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.

B. Cancellation form

If you want to revoke the contract, please fill out this form and send it back.

An

BS Marketing Solutions GmbH
Pranzing, 27A
4861 Aurach am Hongar
Austria
E-mail: via contact form

I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*):

_______________________________________________________

_______________________________________________________

Ordered on (*) ____________ / received on (*) __________________

________________________________________________________
Name of consumer (s)

________________________________________________________
Address of the consumer (s)

________________________________________________________
Signature of the consumer (s) (only in the case of a communication on paper)

_________________________
Date

(*) Delete as appropriate

§ 14 Amendment of the Conditions of Sale

We reserve the right to make changes to our website, policies, terms and conditions including these Terms of Sale at any time. At the end of the ordering process you will find the terms of sale, contract terms and general terms and conditions that are in force at the time of your order, unless a change to these terms is required by law or official order (in which case they also apply to orders , which you have previously made). If any provision of these Terms of Sale is held invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

Section 15 No Waiver 

If you breach these Terms of Sale and we do nothing about it, we will still be entitled to exercise our rights on any other occasion where you breach these Terms of Sale.

§ 16 Spargut Marketplace 

BS Marketing Solution GmbH allows third parties to advertise their products on the website “www.spargut.com” to list and sell. This can be seen on the respective product detail page. Even if BS Marketing Solution GmbH transactions on the Spargut Marketplace enables, BS Marketing Solution GmbH is neither the buyer nor the seller of these third-party items. BS Marketing Solution GmbH offers buyers and sellers the opportunity to conduct negotiations and complete transactions. Therefore, the contract that is concluded upon completion of the sale of these third-party items is concluded exclusively between the buyer and the seller. BS Marketing Solution GmbH is not a contractual partner and therefore assumes no responsibility for that contract. BS Marketing Solution GmbH is also not the seller’s representative. The Seller is responsible for the sale of the Products, any complaint from the Buyer and all other matters arising from the contract between the Buyer and the Seller. Since BS Marketing Solution GmbH wants to provide the buyer with a safe shopping experience, BS Marketing Solution GmbH offers in addition to the legal or contractual rights Spargut Buyer protection and takes over complete customer service for the third-party dealer.

Section 17 Infringements

If you believe that your intellectual property right has been violated, you can email us at [email protected] write and send. We will respond promptly to rights owners and their representatives who email us to communicate concerns about alleged infringement.

Upon receipt of the complaint, we may take certain actions, including, without limitation, removing information or items and, as appropriate, terminating repeat infringers. All such actions are taken without any acknowledgment of liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. In particular, we reserve the right to forward the complaint to those parties who are accused of violating the law. They agree, Spargut release you from all claims of third parties against Spargut asserted and arising out of or in connection with the filing of a complaint.

Note on Third-Party Listings: Please note that third party listings on “www.spargut.com” are only stored or hosted and published exclusively at the discretion of the third party providers. Third parties can contact you through us. 

Section 18 Electronic Communications

  1. If you use a service on “www.spargut.com or send emails, text messages or other communications to us from your computer or mobile device, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, including via email, text messages, or by posting electronic messages or other communications on our website or through others Spargut Services such as the message center. For contractual purposes, you agree that all consents, notices, disclosures and other communications that we share with you electronically do not require written form, unless mandatory applicable law requires another form of communication.
  2. The customer must ensure that the e-mail address provided by him for order processing is correct, so that under this
    Address where emails sent by the seller can be received. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.

§ 19 Redemption of promotion vouchers

1. Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only in the specified period.
2. Individual products can be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
3. Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
4. Only one promotional voucher can be redeemed per order.
5. The value of the goods must be at least the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
6. If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
7. The balance of a promotional voucher will neither be paid out in cash nor will interest be paid.
8. The campaign voucher will not be refunded if the customer returns the goods that were paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
9. The promotional voucher is only intended for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

Section 20 Alternative Dispute Resolution

1. The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of entry for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
2. The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.