The Spyra® online shop is owned by
(hereinafter referred to as "we" or "us")
1.1 The present general terms and conditions (hereinafter "GTC") of Spyra GmbH (hereinafter referred to as "seller") apply to all deliveries of the seller to consumers or entrepreneurs (hereinafter "customer") in the version valid at the time of the order. Own terms of entrepreneurs in the sense of 1.2.2 are hereby expressly contradicted, unless explicitly agreed otherwise.
1.2 Some regulations of these terms and conditions do not apply to all customers, but only to consumers or only to entrepreneurs. Where this is the case, it is specially marked at the relevant point in these terms and conditions.
1.2.1 "Consumer" in the sense of these general terms and conditions is, according to the legal definition in ß 13 of the Civil Code, any natural person who concludes a legal transaction for purposes that can mainly be attributed neither to their commercial nor their independent professional activity.
1.2.2 "Entrepreneurs" in the sense of these general terms and conditions are, in accordance with the legal definition in § 14 of the Civil Code, natural and legal persons or legal partnerships that enter into business relationships with us in the course of their commercial or independent professional activity.
2.1 The presentation of our goods on the website does not constitute a binding offer on our part, but merely an invitation to submit an offer. A binding offer to conclude a corresponding contract is only made when the customer orders the goods. In order to place the order, the customer places the selected goods in the shopping basket in which the orders can be collected and sets up a user account or logs into the existing user account or goes through the further ordering process on the website (without creating a user account) and enters the information requested there.
2.2 Before sending the order, the customer is then shown an overview with the order data. There, the customer has the possibility to check all order data again and correct it if necessary. You only submit a binding offer to us to conclude a contract when you send the order by clicking on the "Order with payment" button. We confirm receipt of the order immediately by an automatically generated email (confirmation of receipt). The confirmation of receipt does not yet constitute acceptance of the offer. Acceptance of the offer takes place through a separate declaration of acceptance (order confirmation) or at the latest by sending the ordered goods.
2.3 The contract language is German exclusively.
4.1 Payment is due immediately after the contract is concluded and is processed using the payment methods mentioned below.
4.2 The customer can choose from the following options as a payment option:
When paying with PayPal, the customer is forwarded to the website of the online provider PayPal in the ordering process. In order to be able to pay the invoice amount via PayPal, the customer must be registered with PayPal or register first, authenticate with the access data and confirm the payment instruction to the seller. After placing the order in the Spyra® online shop, Spyra® prompts PayPal to initiate the payment transaction. The customer receives further information during the ordering process. The payment transaction is carried out automatically by PayPal immediately afterwards.
In the ordering process, you will be redirected to the website of the online provider Amazon before completing the ordering process in our online shop. In order to be able to process the order process via Amazon and pay the invoice amount, you must be registered there or first register and legitimate with your access data. There you can choose the delivery address and payment method stored at Amazon, confirm the use of your data by Amazon and the payment instruction to us. You will then be redirected to our online shop, where you can complete the ordering process. Immediately after the goods have been dispatched, we request Amazon to initiate the payment transaction. The payment transaction is carried out automatically by Amazon. You will receive further information during the ordering process.
When paying by credit card, the purchase price is reserved on the credit card at the time of the order ("authorization"). The actual debit on the credit card account takes place the moment we send the goods to you.
For payment using Google Pay, the customer must have stored a payment medium in their Google Wallet. To pay using Google Pay, the customer selects Google Pay as the payment method. The customer can check his order again before paying. To initiate the payment, the customer must confirm the purchase.
To pay using Apple Pay, it is necessary that you have stored a payment medium in your Apple Wallet. To pay using Apple Pay, select Apple Pay as the payment method. You can check your order again before paying. All you have to do to confirm the payment is confirm your purchase.
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, “Klarna”, Spyra® offers both the option (i) pay now (transfer) and (ii) pay later (purchase on account) as a payment option.
Pay now: The payment period is 14 days from the dispatch of the goods.
Pay later: Please note that Klarna purchase on account is only available to Klarna users and payment must be made to Klarna. When buying on account with Klarna, you always get the goods first and then have a payment period of 14 days. You can find the complete terms and conditions for invoice purchase here.
With Klarna pay later you get Klarna buyer protection.
You can also use the "Sofortüberweisung" payment method from SOFORT GmbH, Fuﬂbergstr. 1, 82131 Gauting. In principle, every Internet user can use the instant transfer as a payment method if he has an activated online banking account with PIN / TAN procedure. Please note that at a few banks, the instant transfer is not yet available. If the 'Sofortüberweisung´ service is used, Spyra® receives the transfer credit immediately, which speeds up the order processing (dispatch takes place after credit).
All you need is an account number or IBAN, bank code, PIN and TAN. Via the secure payment form of SOFORT GmbH, www.sofortueberweisung.de automatically and in real time places a transfer in your online bank account. The purchase amount is immediately transferred to Spyra's bank account. This service is free of charge for you, only the fees (transfer fee) from your house bank may apply.
If you select the EPS bank transfer payment option in the webshop, you will be forwarded to a central list of the participating Austrian banks. After selecting your bank, you will be connected to the login of your corresponding online banking. After registration, payment will guide you through the payment process as usual using online banking with a TAN drawing. You will then receive an electronic order confirmation.
When selecting the payment method bank transfer (iDeal) you will be forwarded to the website of your bank after confirmation. The prerequisite for this is that you are registered with your bank for online banking. Your own PIN and TAN numbers are required to make the payment. After completing the payment, you will be asked to complete the purchase in the online shop. You will then receive a confirmation email from Spyra. Any repayment claims will be credited to your bank account.
We also offer you the option of processing the order with Bancontact / Mister Cash. You can then pay online when you arrive at the checkout. There you will be directed to the payment page of our payment partner Ingenico Payment Services. Here you can choose a payment with Bancontact. With this payment method, your payment will be debited directly from your account.
4.3 The customer's obligation to pay default interest does not preclude the provider from asserting further default damages.
More information on the right of revocation can be found in the cancellation policy.
6.1 All prices stated on the Spyra® website include the applicable statutory sales tax but excluding delivery costs.
6.2 We only deliver by shipping. A pick-up is not possible. Delivery times specified by us are estimated from the time of our order confirmation, provided the purchase price has been paid in advance. If the ordered goods are in stock, the delivery time is 5 - 7 days from receipt of the order. For pre-orders, the respective delivery time can be found on the corresponding product page.
6.3 If the product selected by the customer is not available at the time of the customer's order, Spyra® will inform the customer immediately in the order confirmation. If the product is permanently unavailable, the provider refrains from a declaration of acceptance. A contract is not concluded in this case.
6.4 If the product specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer immediately in the order confirmation.
6.5 Spyra® delivers to the countries mentioned in the delivery cost overview. Customers who are based in countries that are not shown separately in the delivery cost overview will not be supplied by Spyra. Spyra® particularly points out that no delivery can be made to customers who are resident on an island.
6.6 Provided it is a shipment within the EU, the customer agrees that the invoice is only issued electronically. The invoice will no longer be enclosed with the delivery in paper form but will only be sent in PDF format by email.
7.1 The following applies to consumers:
The goods delivered by us remain our property until full payment.
7.2 The following applies to entrepreneurs:
We reserve ownership of the delivered goods until receipt of all payments from the business relationship with the customer (reserved goods). We undertake to release our securities at the customer's request insofar as the value of our securities exceeds the claims to be secured by more than 10%; The selection for the release of securities is done by us.
8.1 Warranty to consumers:
The statutory warranty regulations apply.
8.2 Warranty to entrepreneurs:
8.2.1 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code, he must examine the goods immediately upon receipt in accordance with commercial law notices. Recognizable defects are to be reported to us in writing immediately after receipt of the goods or - if the defect becomes apparent later - immediately upon discovery. In order to preserve the customer's rights, it is sufficient to send the advertisement in good time. Failing this, the goods are considered approved. This does not apply if we have maliciously concealed the defect.
8.2.2 If there is a defect in the purchased item, we initially provide a guarantee through subsequent performance, at our option either in the form of a defect rectification or a replacement delivery. If the supplementary performance has failed, the customer is entitled to reduce the consideration or - in the event of significant defects - to withdraw from the contract.
8.2.3 Claims of the buyer due to material defects become statute-barred one year after delivery of the purchased object to the customer.
9.1 The seller is always liable for claims based on damage caused by us, our legal representatives or vicarious agents
- for injuries to life, limb, health
- in the event of an intentional or grossly negligent breach of duty
- in the case of a promise of guarantee, if agreed, or
- insofar as the scope of the Product Liability Act ("ProdHaftG") is open.
9.2 In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner can regularly rely on (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability shall be limited to the damage which was foreseeable at the time the contract was concluded, the occurrence of which must typically be expected. For the rest, claims based on slight negligence are excluded.
10.1 The law of the Federal Republic of Germany applies. The UN sales law is excluded.
10.2 This choice of law applies to a consumer only insofar as it does not restrict any mandatory statutory provisions of the state in which he is domiciled or habitually resident.
The place of jurisdiction for dealing with traders, legal entities under public law or special funds under public law is the seat of our company (Munich). However, we are entitled to choose to sue at the customer's registered residence.
12.1 The EU Commission provides a platform for dispute resolution on the Internet at the following link: https//ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&Ing=DE
12.2 This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved. Spyra® is neither obliged nor willing to participate in the dispute settlement process.
12.3 In addition, the seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
13.1 Spyra® is entitled to change these terms and conditions with a corresponding notice period (see Paragraph 2) if a change is (i) necessary and (ii) the customer is not unduly disadvantaged.
13.2 Spyra® will notify the customer of any changes to the GTC in text form six weeks before they take effect.
13.3 If the customer does not agree to the changes, they can object to them. The seller informs the customer of the existence of this right of objection in the change notification and that the changes are considered approved if the customer does not object to them within four weeks of the change notification.
14.1 Various gift vouchers can be purchased through the Spyra® online shop (hereinafter gift vouchers).
14.2 The gift vouchers can only be redeemed in the seller's online shop, unless otherwise stated in the voucher.
14.3 Gift vouchers and remaining gift vouchers can be redeemed up to the end of the third year after the year the voucher was purchased. Remaining credit will be credited to the customer by the expiry date.
14.4 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
14.5 Several gift vouchers can be redeemed when placing an order.
14.6 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
14.7 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.
14.8 The credit of a gift voucher is neither paid in cash nor with interest.
14.9 The gift voucher is transferable. The seller can liberate the respective owner who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility of the incapacity to act or the lack of authorization to represent the respective owner.
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§ 1 Organizer and Sweepstakes
These General Terms and Conditions apply to sweepstakes and raffles organized by Spyra GmbH, Tengstraße 34, 80796 Munich, Germany (hereinafter referred to as 'Spyra'). The organizer of the sweepstakes is named in the text accompanying the sweepstakes.Insofar as a cooperation partner of Spyra is the organizer of the sweepstakes and Spyra supports this sweepstakes, Spyra nevertheless does not become the organizer of the sweepstakes. In this case, the GTC mentioned here are not applicable.
§ 2 Conditions of participation
(1) Persons who have reached the age of 18 are eligible to participate.(2) In order to participate in the competition, the tasks specified in the specific competition must be fulfilled within the specified period. As soon as these have been fulfilled, the person is considered to be a participant.(3) Unless explicitly stated otherwise in the accompanying text, each participant may only take part in this competition once. Repeated entries will not be considered.(4) The participant agrees that his/her name or user name from Spyra's social media will be published in the course of the prize notification.(5) The participants have to ensure the correctness of their information. In case of false information, Spyra reserves the right to exclude the participant according to § 3 (1).
§ 3 Exclusion
(1) In the event of a violation of the conditions of participation, Spyra reserves the right of exclusion against the violating persons. <br(2) Employees of Spyra, companies that are directly or indirectly involved in the competition, as well as their relatives, will be excluded from the competition. (3) Any attempt to use unauthorized aids to increase the chances of winning is explicitly prohibited and will result in exclusion from the competition. (4) Spyra reserves the right of exclusion in case of untruthful statements. (5) Should a participant be excluded from the competition, he/she will lose his/her chances of winning. Should the exclusion take place retrospectively, the winnings can be subsequently revoked and reclaimed.
§ 4 Execution of the prize game
(1) After the end of the participation period, the winner will be determined from the participants by drawing lots. (2) The determined winner will be contacted on the corresponding platform of the sweepstakes in order to provide his/her contact details. If Spyra does not receive a response after 48 hours at the latest, the prize will be forfeited and a new winner will be determined according to (1). (3) In the event that incorrect contact data is provided, the organizer is not obligated to make inquiries to determine the correct contact data.(4) The winner expressly agrees to be contacted by the respective platform. (5) The prize cannot be assigned.(6) A cash payment of the prize or a possible replacement of the prize is excluded. (7) The competition ends with the receipt of the prize by the winner of the respective competition. (8) Spyra is entitled to end the competition prematurely at any time. In this case, no prior notice is necessary. Reasons for a premature termination can be of a technical or legal nature. (9) Sweepstakes that are advertised on the social platform Instagram are not advertised by Instagram and are not connected to the social platform. (10) Sweepstakes that are advertised on the social platform Facebook are not advertised by Instagram and have no connection to the social platform. (11) Sweepstakes promoted on the Twitter social platform are not promoted by Instagram and are not related to the social platform. (12) Sweepstakes advertised on the social platform TikTok are not advertised by Instagram and are not connected to the social platform.
§ 5 Data protection
§ 6 Liability and Warranty
(1) German warranty law applies to material defects in the prizes. (2) The warranty is to be carried out by the organizer of the prize game. (3) Payment of the prize even in the case of material defects and defects of title is excluded. Reference is made to § 439 (1) BGB. (4) Liability for damages is excluded. This does not apply to claims for damages resulting from injury to life, body or health, which are based on an intentional or negligent breach of duty by Spyra, a vicarious agent or a legal representative of Spyra. This does not affect the liability for the violation of cardinal obligations, on the proper fulfillment of which the customer may regularly rely and without which a proper execution of the contract is not possible. Liability arising from a slightly negligent breach of cardinal obligations shall be limited to typical contractual damages, insofar as these were foreseeable. Excluded from this are claims for damages arising from injury to life, limb or health.
§ 7 Final Provisions
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. (2) Should individual provisions of the above General Terms and Conditions for Sweepstakes be invalid or void in whole or in part, this shall not affect the validity of the remaining provisions.(3) Legal recourse is excluded.
§ 1 Organizer
These conditions of participation apply to the 'GenesisPass' sweepstake (hereinafter referred to as the 'Sweepstakes'), which is organized by Spyra GmbH, Tengstraße 34, 80796 Munich, Germany (hereinafter referred to as 'Spyra'). By following the tasks listed in the competition, the participant agrees to the following conditions of participation.
§ 2 Conditions of Participation
(1) Natural persons who have reached the age of 18 are entitled to participate. (2) The basic requirement for participation in the competition is the purchase of at least one SpyraTwo (Duel or Single) via Spyra's webshop at www.spyra.com. Each purchase of a SpyraTwo during the Promotion Period will entitle the entrant to a chance to win one of seven SpyraGenesis.(3) The participant agrees that his/her user name from his/her social media will be published on Spyra's social media platforms as well as Spyra's website in the course of the prize notification.
§ 3 Sweepstakes execution
(1) The sweepstakes runs from January 27, 2023 until February 22, 2023 23:59 German time (CET). After this time, participation is no longer possible. (2) The winner of the Sweepstakes will receive a ticket that will be delivered together with the SpyraTwo in its packaging. (3) The winner will be selected at random. (4) After receiving the ticket, the participant has to fulfill the tasks listed on the ticket. These are as follows: 1. Post the front of the ticket (without the code) on one of the social networks listed on the ticket, tagging Spyra's official account. 2. sending an email to email@example.com with the contact information consisting of first and last name, phone number and address, as well as the twelve-digit code indicated on the ticket. (5) Subsequently, the winner will be contacted by Spyra to discuss the further procedure of the prize transfer. (6) Spyra is entitled to demand that the ticket be sent by post and to suspend the issuance of the prize until the ticket has been received. (7) The Sweepstakes will be advertised on, but not supported by, the social platforms Facebook, Instagram, YouTube Shorts, Twitter and TikTok, among others. They have no connection to the sweepstakes.
§ 5 Liability and Warranty
(1) Spyra does not grant any warranty for possible defects of the prizes. Any rights to exchange or return the prizes are also excluded. (2) This does not apply in case of intent or fraudulent misrepresentation.
§ 6 Exclusion
(1) In the event of a violation of the conditions of participation, Spyra reserves the right to exclude the offending persons. (2) Employees of Spyra, companies that are directly or indirectly involved in the competition, as well as their relatives, will be excluded from the competition. (3) Should a participant be excluded from the competition, he/she will lose his/her chances of winning. Should the exclusion occur retrospectively, the winnings can be subsequently revoked and reclaimed. (4) A participant may be excluded if he/she purchases more than four SpyraTwo over the campaign period and exercises his/her right of withdrawal in at least three cases. This action will be considered an attempt at manipulation. (5) Spyra is entitled to reclaim the ticket in case of exclusion. Spyra will bear the costs for the return shipment. (6) Spyra reserves the right to take legal steps against these persons in case of manipulation attempts.
§ 7 Conclusion
(1) The prize cannot be assigned or paid out in cash. Legal recourse is excluded. (2) Should individual provisions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. In other respects, they shall be replaced by an appropriate provision which, taking into account the interests of both parties, comes closest to the meaning and purpose of the original provision. (3) The law of the Federal Republic of Germany applies.