Terms of Service

GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION

Table of Contents

1. Scope
2. Conclusion
3. Right
4. Prices and Payment
5. Delivery and Shipping
6. Retention
7. Liability
8. Applicable
9. Alternative
10. UpPromote
11. 1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Jaromir Farkas (hereinafter referred to as “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller with regard to the goods displayed by the Seller in his online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion

2.1 The product descriptions in the seller’s online shop do not constitute binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.

2.2 The customer can submit the offer using the online order form integrated into the seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process.

2.3 The seller can accept the customer’s offer within five days

• by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
• by requesting payment from the customer after the customer has placed their order.

If several of the above alternatives apply, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares its acceptance of the customer’s offer at the moment the customer clicks the button that completes the ordering process.

2.5 When an offer is submitted via the seller’s online order form, the text of the contract is stored by the seller after the conclusion of the contract and transmitted to the customer in text form (e.g., email, fax, or letter) after the customer has submitted their order. The seller will not make the contract text available in any other way. If the customer has created a user account in the seller’s online shop before sending their order, the order data will be archived on the seller’s website and can be accessed by the customer free of charge via their password-protected user account by entering the relevant login details.

2.6 Before placing a binding order via the Seller’s online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors can be the browser’s zoom function, which can be used to enlarge the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click on the button that completes the ordering process.

2.7 The contract can be concluded in German and English.

2.8 Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller’s withdrawal policy.

3.3 The right of withdrawal does not apply to customers whose delivery address and place of residence are outside the EU at the time of conclusion of the contract.

3.4 The contract language is German. An English version of the General Terms and Conditions is also provided. Other language versions are provided for better understanding only and are not legally binding.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also be incurred in relation to the transfer of money 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.

4.3 The payment option(s) will be communicated to the customer in the seller’s online shop.

4.4 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.

4.5 If a payment method offered via the payment service “PayPal” is selected, payment will be processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal for which it makes advance payments to the customer (e.g., purchase on account or installment payment), it assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the customer data provided. The seller reserves the right to refuse the customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the customer can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of assignment of claims, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipment, returns, complaints, declarations of revocation, and returns or credit notes.

4.6 If the payment method “SOFORT” is selected, payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as “SOFORT”). In order to pay the invoice amount via “SOFORT,” the customer must have an online banking account that is activated for participation in “SOFORT,” must identify themselves accordingly during the payment process, and must confirm the payment instruction to “SOFORT.” The payment transaction will be carried out immediately thereafter by “SOFORT” and the customer’s bank account will be debited. The customer can find more information about the “SOFORT” payment method on the Internet at https://www.klarna.com/sofort/.

4.7 If a payment method offered via the payment service “Shopify Payments” is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as “Stripe”). The individual payment methods offered via Shopify Payments will be communicated to the customer in the seller’s online shop. Stripe may use additional payment services to process payments, for which special payment terms may apply, which will be communicated to the customer separately if necessary. Further information on “Shopify Payments” is available on the Internet at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and shipping conditions

5.1 If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the seller’s order processing is decisive for the processing of the transaction. Notwithstanding this, if PayPal is selected as the payment method, the delivery address provided by the customer at the time of payment via PayPal shall be decisive.

5.2 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 does not apply to the costs of the initial delivery if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions set out in the seller’s withdrawal policy shall apply to the return shipping costs.

5.3 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall generally only pass to the customer upon delivery of the goods to the customer or to a person authorized to accept delivery. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall also pass to the customer in the case of consumers as soon as the seller has handed over the goods to the forwarding agent, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the customer has commissioned the forwarding agent, the carrier or the person or institution otherwise responsible for carrying out the shipment and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the fault of the seller and the seller has concluded a specific covering transaction with the supplier with due diligence. The seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

5.6 For deliveries to countries outside the European Union, it is the customer’s responsibility to ensure that the import and use of the delivered products is permitted under local law. The seller accepts no liability for this.

6) Retention of title

If the seller makes advance delivery, it retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

7.1 Unless otherwise specified in the following provisions, the statutory provisions on liability for defects shall apply. Notwithstanding this, the following shall apply to contracts for the delivery of goods:

7.2 If the customer is acting as an entrepreneur,

• the seller shall have the choice of the type of subsequent performance;
• for new goods, the limitation period for defects shall be one year from delivery of the goods;
• for used goods, rights and claims for defects shall be excluded;
• the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.

7.3 The above limitations of liability and shortening of time limits shall not apply

• to claims for damages and reimbursement of expenses by the customer
• in the event that the seller has fraudulently concealed the defect
• to goods that have been used for a building in accordance with their normal use and have caused its defectiveness
• for any existing obligation of the seller to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.

7.4 In addition, the statutory limitation periods for any existing statutory rights of recourse remain unaffected for entrepreneurs.

7.5 If the customer is a merchant within the meaning of § 1 HGB (German Commercial Code), they shall be subject to the commercial obligation to inspect and give notice of defects in accordance with § 377 HGB. If the customer fails to comply with the notification obligations set out therein, the goods shall be deemed to have been approved.

7.6 If the customer is acting as a consumer, they are requested to report any goods delivered with obvious transport damage to the delivery agent and to inform the seller thereof. Failure to do so shall not affect the customer’s statutory or contractual claims for defects.

7.7 Separate safety instructions apply to experimental or non-certified products (see Section 8.2), which form an integral part of the purchase contract. In such cases, any warranty for faulty or deviating use shall be completely excluded.

8) Liability & product safety in accordance with EU Product Safety Regulation (EU) 2023/988

8.1 In many cases, the products sold by the seller are not certified, have not been tested by the authorities, and do not have a CE mark. These are experimental objects intended for use exclusively on private, non-public premises. Use is at your own risk.

8.2 Customers are obliged to read all safety instructions 

8.3 By actively checking the box at checkout, the buyer confirms that they have read, understood, and accepted all warnings and safety instructions.

8.4 ValorSpark accepts no liability for:

• Use in road traffic
• Damage caused by flying sparks, hot components, or breaking parts
• Accidents during group rides or when using the product without personal protective equipment
• burns, abrasion or damage caused by improper attachment, failure to perform visual inspections, excessive use or overheating,
• any other damage resulting from failure to observe the specific product warnings.

8.5 Products are considered consumables. No warranty can be given, especially in cases of advanced wear and tear or heavy mechanical stress.

8.6 In the event of deviating use or modifications to products (e.g., replacement of adhesives, screws, modification of components), any warranty and liability shall be completely void.

8.7 In the event of a dispute, the burden of proof for proper and intended use of the products lies with the buyer.

9) Applicable law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

10) Alternative dispute resolution

10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

10.2 The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

11) UpPromote Affiliate

11.1 These following terms and conditions apply to individuals who are accessing or using the Program both as a merchant (“we” or “merchant”) and an affiliate (“you” or “affiliate”) who refers customers to use product or service from the merchant.

By participating in the Program, Affiliate agrees to use the Program in the manner specified in, and are bound by, these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety you are not authorized to register as an Affiliate or participate in the Program in any manner.

11.2 Approve or Reject of the Registration

We reserve the right to approve or reject ANY Affiliate Program Registration in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Registration.

11.3 Affiliate Links and Coupons

Affiliate links are automatically generated, but you can also generate an affiliate link for a specific product or collection. If a person clicks on someone else’s referral link and then later clicks on yours, yours is the one that counts.

Affiliates may or may not be assigned to one coupon code with details and usage clarified on the Dashboard. If a customer both clicks on the affiliate link and uses the coupon code, you will not receive a double commission. If you are not assigned a branded coupon, then you are not allowed to promote the coupon.

Affiliates may also advertise the merchant’s website on online channels such as Facebook, Instagram, etc., or offline classified channel ads, magazines, and newspapers.

11.4 Commissions and payment

Refer any customer to make a purchase on our website, and you will receive a commission amount which is calculated based on the commission structure. The commission amount depends on the order value and does not include extra fees (tax, shipping costs, etc.).

For an affiliate to receive a commission, you need to specify the payment details in Settings. The payment schedule will be notified on the Affiliate Guide page.

Payments will only be sent for transactions that have been successfully completed. Use of the Affiliate Program is subject to a fair use policy which gives the merchant the right to review each and every referral order. The status of commissions is displayed in the Commission tab, and any commissions paid will be listed in the Payment tab. Transactions that result in chargebacks or refunds will not be paid out.

11.5 Marketing tool

We may share promotion media such as banners, logos, or specific collection promotions with you through the Marketing tool tab. You can download the media or get the HTML embed code in order to share on affiliate channels.

11.6 Network

If the Network tab is activated, affiliates can invite others to become their downline affiliates. If any downline affiliate brings an order to the merchant’s shop, the upline affiliate will also receive a network commission, which depends on the merchant’s settings.

To invite other affiliates into the system, share the network link and any other affiliate who clicks on that link and signs up will become a downline affiliate.

11.7 Cookies

We use cookies to track people who have clicked on your link, so they need to be using cookies for us to track them.

If a person does not allow cookies or clears their cookies, we cannot track them and therefore cannot pay earnings on that person’s activity.

Cookies day is stated on the affiliate registration form. The tracking day will start from the time a customer clicks on the affiliate’s link or uses the coupon. Within the cookie time, every order made by this customer at the merchant website will automatically result in commissions to the affiliate (there is no need for the customer to click on the affiliate link then).

11.8 Removal from Referral Program

If an affiliate wishes to be removed from the affiliate program, they can do so by contacting: [email protected]

11.9 Video Usage

In order to be one of our affiliate partners, you need to provide us with all your videos related to our product. We will only use them in advertising clips and your account (Instagram/TikTok) will sometimes be tagged. The type of tag depends on whether the video will be advertised on the platform. Since advertising clips with direct tags are not possible, we sometimes need to set the tag in the comments. There is no need for us to tag you; we will do so whenever we feel free to.

12) Further legal information and customer responsibility

12.1 The buyer is obliged to observe all legal, safety-related, and product-specific information as specified on the product page, at checkout, and in the delivery. This also applies to all warnings printed on the product, linked via QR code, or enclosed separately.

12.2 Products that are expressly labeled as “experimental,” “untested,” or “uncertified” are purchased exclusively with the understanding that their use is at your own risk and that there is no guarantee of function, durability, or protective effect.

12.3 Any product that undergoes changes (e.g., through reworking, replacement of parts, modification) will void any claim for liability or warranty.

12.4 Buyers with delivery addresses outside the EU are responsible for informing themselves about country-specific regulations. The seller is not liable for violations of import or product safety regulations outside Germany.