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Terms & Conditions Spacewatch.Global

contracting partner

On the basis of these General Terms and Conditions of Business (AGB), the customer and

ThorGroup GmbH
Waaghausgasse 18
3011 Bern
Switzerland
Tel: +41 31 511 25 50
TAX-ID: CHE-467.283.170

Merchandising Fulfillment ProjectWorkers 

Represent by Frank Rudwinsky
Address: Ruhlsdorfer Strasse 95, 14532 Stahnsdorf
Tel.: 03329 - 6984667
Fax: 03329 - 6909453
E-mail address: [email protected]

Sales tax-identification number: DE260440046

hereinafter referred to as provider, the contract is concluded.

Our fulfillment partner ProjectWorkers is responsible for the delivery of the ordered goods and also acts as payee.

The supplier exclusively concludes contracts with natural persons with unlimited legal capacity who have reached the age of 18 years or legal entities. If these requirements are not met, no contract is concluded. As a consequence, the provider is entitled to demand the reversal of all services.

area of application

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity. If the customer is an enterprise or an entrepreneur according to the above definition, §§ 312 b ff. BGB are not applicable. A corresponding right of revocation by the customer is therefore excluded. For the business relationship between the Provider and the Customer (gender-neutral formulation), these General Terms and Conditions of Business in their currently valid version shall apply exclusively. The customer can view the terms of contract on this website at any time. The provider reserves the right to change or amend these General Terms and Conditions of Business at any time, including all possible attachments. In relation to entrepreneurs, these General Terms and Conditions shall also apply to future business relations without us having to refer to them again. If the entrepreneur uses conflicting or supplementary General Terms and Conditions of Business, their validity is hereby contradicted or they only become part of the contract if we have expressly agreed to them. We do not recognise any deviating terms and conditions of the customer unless the supplier has expressly agreed to them in writing prior to the order.

Conclusion of contract


The contract is concluded in electronic business transactions via the shop system or via other means of remote communication such as telephone and e-mail. In this context, the offers presented represent a non-binding invitation to submit an offer through the customer order, which the provider can then accept.

The order process to the contract end encloses the following steps in the shop system:

  • selection of the product, if necessary selection of further options with regard to the order quantity
  • adding the offer to the shopping cart
  • log in, either as a guest or register for the creation of a free and non-binding user account.
  • operating of the badge 'further'
  • examination and if necessary treatment of the order in the goods basket
  • activate the button 'continue'
  • examination / choice of the method of delivery
  • input of the calculation address and address of delivery
  • operating of the badge 'OK' to the storage of the data
  • operating of the badge 'further'
  • examination / choice of the method of delivery and the given address of delivery and calculation address
  • operating of the badge 'further'
  • selection of the payment method
  • confirmation of the acceptance of these Terms and Conditions
  • operating of the badge 'at the owner's expense order'
  • payment processing by the payment service providers PayPal, Stripe or others
  • review of the order and all entries
  • confirmation mail that the order has been received

orders can be given up beside the shop system also about distant communicative device (phone / e-mail) by which the order process encloses the following steps to the contract end:

  • phone call with the order hotline / sending of the order mail / order by fax
  • confirmation mail that the order has been received


The contract is concluded with the sending of an order confirmation. The automatically generated and sent order confirmation does not constitute a corresponding legally binding declaration. The contract is also concluded by sending the goods or providing the service. The concrete order data is sent to the customer by e-mail. Possible partial deliveries will be discussed with the customer in advance. The customer is obliged to accept the ordered goods.

Payments

When the contract with us is concluded depends on the payment method you have chosen:

Credit card
When you place your order, you simultaneously send us your credit card details. After placing the order you will be redirected to the website of the online supplier Stripe, where you will confirm the payment order. After your legitimation as a legitimate cardholder, the payment service provider asks your credit card company to initiate the payment transaction and we thereby accept your offer.

PayPal
During the ordering process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment order to PayPal. After submitting the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer. Furthermore, customers in Germany have the payment option purchase on account available. The transaction is then processed by PayPal PLUS as the payee. In this case PayPal checks the creditworthiness and provides payment terms of up to four weeks. Details can be found in our corresponding invoice.

Amazon Pay
When you place your order, you also send us your Amazon account data. After placing the order you will be redirected to the website of the online provider Amazon, where you confirm the payment instruction in your customer account. After your authorization, the payment provider will initiate the payment transaction and we will accept your offer.

Apple Pay
When you place your order, you also send us your Apple Pay data. After placing the order you will be charged by the online provider Stripe with Apple Inc. to which you confirm the payment order. After your legitimation as the rightful account holder, the payment service provider asks your credit card company to initiate the payment transaction and we thereby accept your offer.

Google Pay
With the submission of the order you send us your Google Pay data at the same time. After placing the order you will be connected to Google by the online provider Stripe, to whom you confirm the payment instruction. After your legitimation as the rightful account holder, the payment service provider requests your credit card company to initiate the payment transaction and we thereby accept your offer.

SOFORT
With the submission of the order you transmit us at the same time your SOFORT data. After placing the order you will be connected to SOFORT GmbH by the online provider Stripe, to whom you confirm the payment order. After your legitimation as the rightful account holder, the payment service provider requests your credit card company to initiate the payment transaction and we thereby accept your offer.After receipt of the invoice, which contains all information for the transfer and is sent by e-mail, the invoice amount is to be transferred in advance to the account indicated there. If an escrow service/payment service provider is used, this enables the provider and the customer to process the payment among themselves. The escrow service/payment service provider forwards the customer's payment to the provider. For more information, see the website of the relevant escrow service/payment service provider. When paying by credit card, the customer must be the cardholder. The credit card is debited when the goods are ordered.

The customer is obliged to pay or transfer the amount shown on the invoice to the account indicated on the invoice within 7 days of receipt of the invoice.If one of the other payment options is selected, the corresponding invoice will be issued immediately after the successful completion of the payment process and sent to the customer by e-mail.Payment is due without deduction from the date of invoice. After expiry of the payment period, which is thus determined by calendar, the customer is in default even without a reminder. A right of retention of the customer, which is not based on the same contractual relationship, is excluded. Offsetting against claims of the customer is excluded, unless these are undisputed or legally binding.

Retention of title

The goods remain our property until full payment has been received. For entrepreneurs, the following applies additionally: We reserve the right of ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; all claims arising from this. In the event of any claims arising from the resale of the goods, you shall assign to us in advance - irrespective of any combination or mixing of the reserved goods with a new item - in the amount of the invoice amount, and we shall accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

Reservations

The provider reserves the right not to provide the promised service in case of unavailability. Declarations of intent made by the provider in the course of the conclusion of the contract are always subject to the reservation of correct and timely delivery to the provider by its suppliers, unless the provider is responsible for any incorrect or non-delivery. If the execution of a contract is impossible for the supplier - for example due to the unavailability of a certain product - the supplier will inform the customer immediately. A possibly already effected - partial or complete - consideration will be refunded immediately.

At the request of the customer in the context of an incipient contractual relationship provided advance services (concepts, drafts etc.) can be charged to the customer under consideration of the respective expenditure of time, even if it does not come later to the conclusion of a contract between the parties, as far as the provider is not responsible for this. If the Provider makes advance services of the above-mentioned type for the Customer, the work results resulting from this are to be released by the Customer after examination before further execution of the contract. The inspection period shall not exceed two weeks from receipt of the work results by the Customer. After expiry of the test period, the release shall be deemed to have been declared.

Prices, shipping costs, return costs

all prices are retail prices and contain the legal sales tax. Beside the retail prices the other costs which are indicated before sending of the order result according to dispatch kind if necessary.
Passing a cancellation right and is made by this use, the customer bears the costs of the return.
all quoted prices, also for packaging and dispatch, are valid only at the time of the order. With actualisation of this website all previous prices and other information about goods become invalid. The version valid at the time of the order is decisive in each case.

on pattern or individualised product the supplier grants no right of return.

Not free to the supplier skilful goods are not accepted.

Contract language, contract text storage

The languages available for the conclusion of the contract are German and English. We save the text of the contract and send you the order data and our terms and conditions by e-mail. You can view and download the Terms & Conditions at any time also here on this page. You can view your past orders in our customer login.

Terms of delivery

Shipping costs are added to the stated product prices. You can find out more about the amount of the shipping costs in the offers. We only deliver by mail order. Unfortunately, it is not possible to pick up the goods yourself. We only deliver to packing stations if a shipping method indicates this delivery route separately. Non-individualised goods which are in stock will be dispatched immediately after confirmed receipt of payment. The following applies to individualised goods: The supplier endeavours to process the contract as quickly as possible, but cannot accept any guarantee for specific delivery periods. Individualised goods are dispatched on average no later than 14 working days after receipt of payment and clarification of the order.

The standard delivery time for individualised goods is 14 days, unless otherwise stated in the item description. The supplier will ship the order from his own warehouse as soon as the entire order is in stock there. The entrepreneur undertakes to deliver on the 30th day after confirmed receipt of payment and order clarity. The customer will be informed about delays immediately. If the supplier is not responsible for a permanent obstacle to delivery, in particular force majeure or non-delivery by his own suppliers, although a corresponding covering transaction was made in good time, the supplier has the right to withdraw from a contract with the customer in this respect. The customer will be informed immediately and received services, especially payments, will be refunded.

Warranty and guarantees

Unless expressly agreed otherwise below, the statutory liability for defects shall apply. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods. For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected. In relation to entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; for public statements by the manufacturer or other.

 We assume no liability for advertising statements. If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion either by eliminating the defect (rectification of defects) or by delivering a defect-free item (replacement). The above limitations and shortening of deadlines do not apply to claims based on damages caused by us, our legal representatives or vicarious agents in the event of injury to life, body or health in the event of wilful or grossly negligent breach of duty as well as fraudulent intent in the event of breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) within the framework of a guarantee promise, insofar as this is agreed to insofar as the scope of application of the Product Liability Act is opened up. Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

The provider fulfils his contractual obligations with all due care and in the interest of the customer. The parties are aware that slight excess or short deliveries of up to 10% may occur for production-related reasons. Even beyond this, a merely slight reduction in usability shall not be taken into consideration and shall not entitle the purchaser to assert any warranty rights. In the event of a considerable short delivery, the Supplier shall issue a corresponding credit note to the Customer. A subsequent production or similar is excluded. In case of an excess delivery, the customer will be charged accordingly.

The Supplier warrants that the products and services provided by him have the agreed quality at the time of transfer of risk or - if no agreement on the quality has been made - that the products and services are suitable for the use presupposed in the contract or for normal use and have a quality which is usual for items of the same type and which the Customer can expect according to the type of item.

No further warranty is given.

Likewise, the supplier does not grant any guarantee of any kind. In the case of prints, customary and technically unavoidable tolerances in colour, quality, material, light-fastness, variability and deviation of material and printing inks as well as weight are not grounds for complaint by the customer. The same shall also apply to colour deviations between the original and reproductions as well as between press proofs and the print run. If products provided by the supplier are to be provided with laser inscriptions, in particular laser engravings, at the customer's request, certain variations in contrast and/or colour may occur even within series production due to product-related circumstances such as the material composition of natural materials. The supplier cannot assume any liability for such colour variations of the engraving contrasts.

Upon receipt of the delivered products, the customer is obliged to inspect them immediately and with due care. Possible defects are to be reported immediately to the supplier, at the latest, however, 5 working days after obtaining knowledge. The same shall also apply to such defects which only become apparent at a later date. If a defect is not reported within this period, the delivered goods shall be deemed approved.

In the event of a defect for which the Provider is responsible, the Provider shall be free to choose whether to remedy the defect at its own expense (rectification) or to make a replacement delivery in exchange for the defective goods. If the rectification of the defect fails twice, the customer can choose to withdraw from the contract or demand a reduction of the purchase price. The costs arising in the course of a rectification of defects, in particular travel and transport costs, shall be borne by the Supplier only if the Customer has not taken the products delivered to him to a place other than the place to which the products were first sent. The costs of a replacement delivery shall be borne by the Supplier. Unless otherwise agreed between the parties, the replacement delivery shall in principle be made to the place to which the products were first shipped.

Returns (returns) sent postage unpaid will not be accepted by the provider, subject to express written consent. Irrespective of this, the Supplier shall reimburse the Customer for the costs incurred in the event of a justified return shipment, provided that the amount of such costs could be objectively justified at the time of shipment. The supplier will not object to return costs at the lowest rate. Any return must be agreed upon in writing between the parties in advance. The warranty period is one year from the date of delivery of the respective (contractual) products to the customer.

Liability

For claims based on damages caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation in the event of injury to life, body or health, in the event of intentional or grossly negligent breach of duty, in the event of promises of guarantee, if agreed, or if the scope of application of the Product Liability Act has been opened up. In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

Prohibition of assignment and pledging

Claims or rights of the customer against the provider may not be assigned or pledged without the consent of the provider, unless the customer has proven a legitimate interest in the assignment or pledge.

Severability clause

The invalidity of a provision of these General Terms and Conditions shall not affect the validity of the remaining provisions.

Implementation of the ODR Directive

The European Commission provides an Online Dispute Resolution (OS) platform, which you can find here http://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform for the settlement of their disputes. In order to settle disputes arising from a contractual relationship with a consumer or whether such a contractual relationship exists at all, we are obliged to participate in dispute settlement proceedings before a consumer arbitration board. The competent authority is the Allgemeine Verbraucherschlichtungsstelle, Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de. We will participate in dispute resolution proceedings before this office.

Final clauses

If you are an entrepreneur, then German law shall apply to the exclusion of the UN Sales Convention. If you are a merchant in the sense of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office. The contract is drawn up in German. The further execution of the contractual relationship will be in German. The law of the Federal Republic of Germany shall apply exclusively. For consumers this applies only insofar as it does not restrict any legal provisions of the state in which the customer has his residence or usual place of abode. The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law or special funds under public law is the registered office of the provider.

AGB creates with Trusted Shops Rechtstexter in Cooperation with Wilde Beuger Solmecke Lawyers.