1. Scope and Provider
These General Terms and Conditions (GTC) apply to all orders you place with the online shop my.spirit.club of my.spirit.club. OG. my.spirit.club. OG is based at Gumpendorferstraße 94/1/16 - 1060 Vienna - Austria. Our offers are exclusively directed at buyers who have completed their 18th year of age.
All deliveries, services, and offers are exclusively based on these GTC. These also apply to all future business relationships, even if they are not explicitly agreed upon again. We expressly object to any deviating terms and conditions of the customer.
2. Conclusion of Contract
The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to order. By clicking the button ["Buy now"], you submit a binding purchase offer. You will receive an automatic confirmation by e-mail, confirming the receipt of your order. This confirmation does not yet constitute acceptance of your offer. A purchase contract is only concluded when we expressly accept your offer or ship the goods to you.
3. Prices
The stated prices include the statutory value-added tax and other price components. Shipping costs, which are indicated during the order process, may be added.
4. Payment Terms and Default
You can choose to pay by credit card, Apple Pay, Google Pay, advance payment, or PayPal. The available payment methods are at our discretion and may vary. If you select advance payment, you will receive our bank details in the order confirmation. The invoice amount must be transferred within 7 days of receiving the order confirmation.
For payments via PayPal, you will be redirected to the PayPal website during the order process. There you can confirm the payment. If you default on a payment, you are obliged to pay default interest. For each dunning letter, we charge a fee of 5 EUR, unless higher or lower damage is proven.
5. Set-off and Right of Retention
You only have a right of set-off if your counterclaim has been legally established, acknowledged by us, or is undisputed. You can only exercise a right of retention if your claim is based on the same contractual relationship.
6. Delivery and Retention of Title
Delivery will be made to the address you provide. The goods remain our property until full payment. Should the goods you ordered not be available, even though we have concluded a congruent hedging transaction, we are not obliged to deliver. In this case, we will immediately refund any payments already made.
7. Right of Withdrawal
As a consumer, you have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must inform us (my.spirit.club. OG | Josefstädterstrasse 30/8 1080 Vienna | Austria | Email: hello@myspiritclub.com) by means of a clear statement (e.g., a letter or email) of your decision to withdraw from this contract.
To meet the withdrawal deadline, it is sufficient for you to send your communication regarding your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal: If you withdraw from this contract, we shall reimburse you all payments we have received from you, including the costs of delivery (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods. You shall send back the goods without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. You bear the cost of returning the goods. You only have to pay for any diminished value of the goods if this diminished value is due to handling them in a way that is not necessary to check the quality, characteristics and functioning of the goods.
8. Transport Damage
Please check the delivery immediately for obvious transport damage and report it immediately to the delivery person. Contact us as soon as possible at hello@myspiritclub.com to help us assert our claims against the carrier. Your statutory warranty rights remain unaffected.
9. Warranty
Your warranty claims are governed by the statutory provisions. For consumers, the limitation period for warranty claims for used goods is one year from delivery.
10. Liability
We are liable without limitation for intent and gross negligence, as well as in accordance with the Product Liability Act. In cases of slight negligence, we are only liable for the breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely. This liability is limited in amount to the foreseeable damages at the time of contract conclusion.
11. Alternative Dispute Resolution
The EU Commission provides a platform for out-of-court dispute resolution, which you can find at http://ec.europa.eu/consumers/odr/. We are not obliged to participate in a conciliation procedure and unfortunately cannot offer you participation in it.
12. Final Provisions
Should any provision of these GTC be invalid, the remaining provisions shall remain unaffected. Contracts between us and you are exclusively governed by German law. If you are a merchant, a legal entity under public law, or a special fund under public law, our place of business is the place of jurisdiction for all disputes arising from or in connection with contracts between us and you._______________________
Status: 2024
These are the GTCs for my.spirit.club. OG, which govern the sale of products for manifesting, as well as journals and pens. Please note that we cannot guarantee whether you can successfully manifest with our products.