General terms and conditions spitz.store

General terms and conditions

The following terms and conditions (henceforth referred to as the “Terms and Conditions”) are valid between you and Stumpf & Spitz GmbH (company registration number HRB 760087; district court Stuttgart, Germany) the owner of the brandname SPITZ (henceforth: Stumpf&Spitz GmbH; may be referred to as “us”, “our” and “we”) and apply to all use of and orders placed on SPITZ website www.spitz.store and orders made by telephone, e-mail or by live chat with our Customer Service (henceforth together: the “Website”). Please note that SPITZ does not guarantee that all products presented on the Website are in stock or are available for purchase. Orders can only be placed by persons that are 18 years or older. We reserve the right to revise the Terms and Conditions at any time. The date of the latest update is found in the final section of the Terms and Conditions. Users are responsible for keeping themselves updated with such changes. Please note that the terms and conditions valid for your order is always the terms and conditions that is in effect as of the time that you place your order and not a later version. You should keep a copy of these Terms and Conditions for future reference.

Language

The language of the Terms and Conditions is English. This is due to the International operations of the brand, store and company. Translations of sections in Japanese are available on request.

SPITZ account

When signing up to for a SPITZ personal account you will be able to choose a password with which you can log in to your account online and view your order history and track your order. If you would like to delete an account, you can also contact service@spitz.store and the customer service team will assist you. If you sign up, you can also choose to store a credit card for a future purchase. All information regarding your stored credit cards can be changed and deleted when logging in to your account. Your details will be protected using Global Sign Encryption and will speed up your checkout the next time you shop. Further membership policy information can be read

Placing order

By using the Website and/or placing an order on the Website, by telephone, e-mail or by live chat you confirm that you have read the Terms and Conditions and the Privacy Policy, and that you accept them. Please make sure that you have read and understood the Terms and Conditions before you place an order. Before you place your order, you will be given the opportunity to review your selections, the information you have provided, the total price of your order and correct any input errors. Please note that products in your shopping bag are not reserved and may be purchased by other customers until you have placed the order at checkout and received the order confirmation email. If prolonged inactivity causes your connection to the Website to fail, your selection of products may be lost. In such case, you will be required to re-enter your selection of products to the shopping bag.

Order confirmation

After submitting your order, we will send you an order confirmation e-mail with your order number, details of the product you have ordered from us, your payment details and delivery details. Please note that the confirmation e-mail is an acknowledgement that we have received your order and is not an acceptance of the order.

Acceptance and shipping confirmation

Please note that all orders placed by you are subject to acceptance by us. We may, at our discretion, choose not to accept your order for any reason whatsoever without any liability to you. Once the order has been processed, a shipping confirmation e-mail will be sent with all relevant information about your order. The shipping confirmation is our acceptance of your order. Please note that we do not guarantee that all products presented on the Website are in stock at the time of your order. If a product is unavailable, we will contact you shortly, by phone or by e-mail. If we already have received payment for such product we will refund you the amount of the purchase.

Colors

Our goal is to describe the products at the Website as correctly as possible. However, please note that due to the color settings of your computer, the colors of the products shown in the pictures on the Website can differ somewhat from their actual colors. We cannot be held responsible for any such discrepancy.

Prices

The prices and delivery costs shown on the Website are shown inclusive of German sales tax (19% VAT) for EU. Orders with a shipping address outside of the European Union will have 19% VAT automatically deducted from their order during checkout once a valid address has been entered. The prices and delivery costs shown on the Website may vary from time to time and we are not bound by the price until we have accepted the order by sending the shipping confirmation to you. The prices may also vary between a physical store and the Website. If you have placed an order and the price has changed before we have accepted your order (by sending you the shipping confirmation), we will notify you by e-mail about the price change and give you the option to place a new order with the new price or cancel the old order. If we are unable to contact you, your order will be cancelled. We always reserve the right to cancel any order prior to our acceptance of the order. If we already have received payment for a cancelled order, we will refund you the amount of the purchase. Please also note that we may cancel the order even if it has been accepted by us under the condition that you realize or should have realized that the price information was incorrect. The delivery costs are shown in connection with the shipping methods at the checkout stage.

Payments

The following payments are accepted.

Credit cards and debit cards (Paypal Plus)

Payment can be made by the following credit cards: Visa and MasterCard.

The purchases made with Visa and MasterCard are verified by a secure code. Please note that your card is debited with the purchase amount once Stumpf&Spitz GmbH has sent you the order confirmation email. We do our best to make the Website as secure as possible. All credit/debit card transactions on the Website are processed using Mollie (Paypal), a secure online payment gateway that encrypts your card details in a secure host environment. Payment will be debited and cleared from your account upon acceptance of your order by us / Stumpf&Spitz GmbH. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us / Stumpf&Spitz GmbH, your order will be cancelled. We are not responsible for any charges or penalties which may be imposed by the payment provider as result of payment being processed in respect of your order.

Paypal

When selecting the PayPal option, you will be directed to the PayPal site to “Log In” and review the amount shown before clicking “Pay Now”. Once this transaction is complete, you will then return to the Website.

Stored Credit Cards

At Checkout, you can choose to save your credit card for future purchases if you are logged in to your SPITZ account. Your details will be protected using Global Sign Encryption and will speed up your checkout the next time you shop.

Coupons

When placing an order using a coupon as payment, the order can only be shipped to the same address / user as to where the coupon was issued. Coupons generally are valid one month from the date when they were issued.

Delivery

Shipping methods

We offer different shipping methods to meet your needs as further specified when you check out. Dispatch of orders may take up to 7-14 business days but we aim to dispatch all orders within 48 hours during weekdays, or up to 2-3 business days during sales periods. Please note that delivery times are provided as guidelines only, and commence from the date of dispatch. The delivery times do not take into account possible delays caused by payment authorization and/or stock availability. If we fail to deliver within 6 weeks, you may have the right to cancel the purchase.

Your order will be delivered to your local delivery point or if you have chosen ……. to your home or work address (Please make sure to provide the correct shipping address!).

First-time order policy

For security purposes, we reserve the right to ship first-time orders to the cardholder’s verified billing address or work address. To avoid delays in receiving your order, please make sure to provide the correct billing and shipping information associated with your credit/debit card when placing an order. The customer is responsible for providing us with the right shipping address and the customer is liable for any orders/deliveries that cannot be delivered to the provided address. We are not responsible for delays in shipping or failures to deliver or eventual losses when an incorrect shipping address has been provided by the customer.

Generally items are shipped from Germany (or from our agency in the Netherlands) with an official declaration of the total price and country of origin for each item.

Right of withdrawal and returns

Withdrawal

You are entitled to withdraw your purchase or exchange your product by submitting or sending notice thereof to service@spitz.store within 14 days of the date on which you have received the product. Please note that you of course do not need to use the special forms but may send us a letter or an e-mail to the above-referenced mailing and e-mail addresses including information that you will withdraw or exchange your purchase. If you send us an e-mail, we will send you a confirmation upon receiving your notice. Please always refer to your order number in your communication with us. You may wish to keep a copy of your cancellation notification for your own records.

Refund relating to the right of withdrawal

If you choose to withdraw your purchase in accordance with the terms set forth in this section, we will issue a refund of the amount paid to Stumpf&Spitz GmbH excluding the shipping cost you have paid for the delivery to you (if Express shipping Delivery has been used, we will not issue a refund of the original shipping fee). We will pay the refund within 14 days of the date on which we have received your notice of withdrawal, under the condition that we have received the product/s from you or if we have obtained proof that the products have been sent back to us. The refund is made using the same payment method you used at the purchase if you do not explicitly accept another method. You will not be charged extra if another payment method is used. Please note that we only issue a full refund if the product/s is in the same conditions as at the time of delivery. If the products’ value has diminished due to your handling of the products to a greater extent than is necessary in order to ascertain its characteristics or function, you have an obligation to reimburse us. Thus, we / Stumpf&Spitz GmbH then has the right to withhold such amount of the refund. To avoid a deduction, please make sure the product you wish to refund is in the exact same condition as when you received them, with tag and seal still attached. All shoes must not be used at all or on a carpeted surface until you have decided to keep them. Shoes (and accessories) that come in a special box must be returned in their undamaged original box which is considered to be a part of the product.

Exchanges

Purchased products are exchangeable into a different size and color in accordance with the terms set forth in this section. All exchanges are based on stock availability. If you have exchanged a product, we will pay the shipping costs for the new product (Shipping to EU only).

Please note that if you wish to exchange a product for a new product and/or size simply return your product and place a new order with your preferred payment method. If the complete order is returned, your invoice will be cancelled and refunded. However, if you have made a partial return, a new updated invoice will be sent to you by e-mail. The new order is paid for separately and will be handled as a new order.

Shipping costs for exchanging the products

A complimentary return label will be provided on request for customers residing in the European Union. Regrettably, customers outside the EU are expected to bear the costs incurred when returning an item for exchange.

Shipping costs for returning the products: Free in EU. International customers are expected to bear the costs incurred when returning an item.

Upon your withdrawal or exchange of your purchase, please return the product/s as soon as reasonably practicable but no later than 10 days after sending your notice.

When returning please follow the steps below.

Visit www.spitz.store and log into your account to begin a return or exchange by e-mail request at service@spitz.store.
You can view your orders and must request a return or exchange item for any unwanted items.
Place the item(s) in the original shipping box, or any other solid carton box.
Close the box and tape it securely.
Place the return information label (or pre-paid return shipping label) on the box over the prior delivery information.
Alternatively leave your parcel at your nearest (DHL/DPD/UPS) service point, preferably the same one as where you collected your order. Or request for a pick-up.

We prefer that products are returned through our return service to ensure they are protected and insured during transit. However, you may return the products by any secure transport.

Defective products

If you receive defective products, please notify us immediately. According to the Consumer Act (§§ 434 ff. BGB) you are entitled to complain about defective products within two years. However, you must always notify Stumpf&Spitz GmbH within a reasonable time after you have detected that the products are defective. You may return merchandise you have received without indicating any reasons within a period of 14 days. The period commences upon receipt of this notification in writing (i.e. as a letter or e-mail), but not before the customer has received the merchandise (in case of a recurring delivery of merchandise of the same kind not before receipt of the first partial delivery), and equally not before we have fulfilled our obligation to provide information according to Article 246 § 2 in connection with § 1 section 1 and 2 of the Introductory Act of the German Civil Code (EGBGB) as well as our obligations according to §312e section 1 clause 1 German Civil Code (BGB) in connection with Article 246 § 3 EGBGB.

SPITZ quality guarantee

We act in accordance with applicable consumer regulations. Please notify us as soon as possible after receiving defective products.

Copyright permission notice

Copyright in the documents provided in this site (including, without limitation, the trademarks of SPITZ, graphics, text, photos, designs, logos, icons, images, data and software) are owned by or licensed to Stumpf&Spitz GmbH and its affiliates. You are authorized to use this material only for personal, non-commercial purposes. You may download, print and store copies of this material for your own personal, non-commercial use, provided this Copyright Permission Notice is included in all such copies. You may not charge anyone for use of the material and you may not publish, duplicate or otherwise distribute the material to others without prior consent from Stumpf&Spitz GmbH. You may not modify the material in any way, without the prior written permission of the copyright owner. Except as expressly stated in this legal notice, no rights or licenses to the material, or any portion thereof, shall be granted or implied. For press inquiries, please view our contact pages at http://www.spitz.store

Trademarks

Spitz’ trademarks include but are not limited to the SPITZ name and logo and are owned by Stumpf&Spitz GmbH. Please note that your use of this Website does not grant you any rights to use our trademarks.

Cookies

Cookies are used on the site to improve your browsing experience. In addition to use for statistical purposes, cookies identify your computer and allows the site to recall your personal settings. Your browser can be set to send a notification when a cookie is activated. This allows you to deny use of this cookie or to delete the cookie at the end of your visit. The Website cannot be accessed if cookies are disabled. By browsing the Website, you consent to the use of cookies.

Security

spitz.store uses Secure Socket Layers (SSL), the industry standard in transferring information to process your orders. www.spitz.store secures communications by encrypting all data to and from the site. For security reasons, we do not store any payment information in our database.

Resale policy

You may purchase products on www.spitz.store for personal use only and not for resale. By placing an order on www.spitz.store, you certify that you are purchasing products for your own personal use and not for resale and that you accept the Terms and Conditions. We reserve the right to refuse orders for any reason without explanation.

Information on the website

We cannot promise that the content of the site is totally free of inaccuracies or typographical errors. Neither can we guarantee that all information is up-to-date on daily basis. We may, at any time, amend the content of the site. Although we strive to display the correct texts, images and pricing on the site and online shop, errors may occur. Part of the services provided through the site are maintained by third party operators. In situations where we act as agent for such services, we cannot be held responsible for any errors resulting from their activities. We / Stumpf&Spitz GmbH cannot be held responsible for any damage caused from using the site or, for that matter, not being able to use the site. We cannot guarantee problem-free, uninterrupted, and secure access to the site.

Links

The Website may contain links to other websites beyond our reach. We cannot be held liable for content or privacy policies of such sites.

Violation of rules

We reserve the right to seek all solutions available at law and in equity for violations of these Terms and Conditions, including the right to block access to the site. Individuals violating the restriction of password-protected areas of the site may be subject to prosecution.

Our responsibility

Our / Stumpf&Spitz GmbH liabilities to you are limited in each separate case to these Terms and Conditions unless otherwise is stipulated by law. In no case whatsoever will we assume any liability for indirect damages such as loss of profit or in case of force majeure such as war, civil war, revolution, riot, governmental measures, strike, lockout, blockage, failure of electricity, telephone or internet service, natural disasters or similar events. Our liabilities to you will never exceed your total purchase amount for each order. In case of force majeure, Our obligations will be suspended. The contract between you and us can, in such cases, be partially or fully terminated by yourself or by us.

Provisions severability

If any part of these Terms and Conditions are held to be invalid or unenforceable, such determination shall not invalidate any other provision of these Terms and Conditions; instead the invalid terms and conditions shall be replaced with other terms in order to give effect to the commercial intentions of these Terms and Conditions.

Governing law

These Terms and Conditions are governed by the laws of Germany (excluding the international sale of goods act). Any disputes pertaining to these Terms and Conditions will be exclusively referred to the district court of Stuttgart, as the court of first instance.

Version of the terms and conditions

If there is any conflict, ambiguity, or discrepancy between the English version and a version in another language, the English version shall always prevail. The latest update of the Terms and Conditions of Stumpf&Spitz GmbH was made in March, 2017.