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Standard Business Terms and customer information

Standard business terms
§ 1 Basic provisions

(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (René Spörke) via the website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.

(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.

§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products .

(2) On placing the product in question on our website, we provide you with a binding offer to conclude a sales agreement subject to the conditions specified in the item description.

(3) The purchase agreement takes place via the online shopping cart system as follows:
The products intended for purchase are moved to the “shopping cart”. You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time.
After calling up the “Checkout” page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page.
If you used an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort) to receive payments, you will either be guided to our online shop on the order summary page or forwarded to the web page of the instant payment provider.
If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then be returned to the order summary page in our online shop.
Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction.
By clicking the “purchase” button to submit the order, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place.

(4) You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.

(5) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.

§ 3 Right of retention, reservation of proprietary rights
You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price is paid in full.

(3) If you are a businessman, the following conditions also apply:

a) We retain ownership of the goods until all the claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands.

b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the claim ourselves.

c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and the other processed items at the time of processing.

d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.

§ 4 Warranty

(1) The statutory warranty rights are applicable.

(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.

(3) Insofar as you are a business, the following difference applies to the aforementioned warranty regulations:

a) It is understood that the details provided by us and the product description provided by the manufacturer are the only things that represent the properties and condition of the product in question. Other advertisements, blurbs and statements issued by the manufacturer are not considered to be representative of the properties and condition of the said product.

b) If the goods are found to be faulty, we shall reserve the right to repair the goods or deliver replacements. If the defect is not removed, you can demand a reduction in the price or withdraw from the contract at your discretion. The defect removal is applicable after a failed second attempt, unless the circumstances prove otherwise, in particular due to the nature of the object and/or defect or other conditions. In case of repair, we must not bear the additional costs, which arise from the transfer of the item to a place other than the place of fulfilment, as far as the transfer does not correspond to the intended use of the item.

c) The warranty period amounts to a period of one year after delivery of the product. The reduction in time-limit does not apply:

– to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by wilful intent or gross negligence;
– insofar as we have wilfully concealed the defect or accepted a warranty for the quality of the goods;
– to goods which are used for a building in accordance with their normal use instructions and whose defects were caused by this;

– for statutory recourse claims, which you have against us in connection with warranty rights.

§ 5 Choice of law

(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.


II. Customer information

1. Identity of the seller

René Spörke
Moosbachstraße 38
74424 Buehlertann
Telephone: 07973 1699146

Alternative dispute resolution:

The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be reviewed under

2. Information regarding the conclusion of the contract

The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations “conclusion of the contract” in our standard business terms (part I.).

3. Contractual language, saving the text of the contract

3.1 Contract language shall be English.

3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online – shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.

3.3 You will be sent all contractual information within the framework of a binding offer in written form, via E-mail for example, for quotation requests outside of the online shopping basket system, which can be printed out or saved electronically in a secure manner.

4. Codes of conduct

4.1 We are voluntarily subject to the Käufersiegel quality criteria of Händlerbund Management AG which can be viewed at: and, in connection with that, the Ecommerce Europe Trustmark Code of Conduct

5. Main features of the product or service

The key features of the goods and/or services can be found in the respective quote.

6. Prices and payment arrangements

6.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.

6.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.

6.3 You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.

6.4 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.

6.5 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.

7. Delivery conditions

7.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.

7.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.

If you are a businessman, the delivery and shipping operations take place at your own risk.

8. Statutory warranty right

Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).

These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website:

last update: 19.11.2018

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

The European Commission provides a platform for online dispute resolution (OS), which you can find at We are not obliged or prepared to participate in a dispute resolution procedure before a consumer arbitration body.

Affiliate Advertising Conditions

1. General

1.1 The following terms and conditions govern the integration and presentation of the online shop operated by René Spörke 74424 Bühlertann, Moosbachstr. 38, Germany (hereinafter: René Spörke at URL in the form of advertising banners, advertisements or other advertising contributions on the websites of advertising partners (hereinafter: AFFILIATES).

1.2 This is intended to increase the sale of René Spörke’s products – via the online shop Participation in the AFFILIATE partner program is free of charge for AFFILIATE. Advertising must take place on the AFFILIATE website. These websites include the domains, newsletters and social media of the AFFILIATE.

1.3 The AFFILIATE places the advertising media on its websites under its own responsibility. The AFFILIATE is free to decide whether and for how long to place the advertising material on the partner website. He is entitled to remove the advertising material at any time.

1.4 For the successful placement of orders, AFFILIATE shall receive a commission which depends on the scope and real value of the service. The details result from the description and the information texts of the respective campaign in the AFFILIATE partner programme and number 6 of this contract.

2. conclusion of contract

2.1 AFFILIATE may register as an affiliate in the online shop at

2.2 After AFFILIATE has registered for the AFFILIATE partner program on the website, René Spörke will check the registration and confirm the activation to AFFILIATE by e-mail.

2.3 A contract between René Spörke and AFFILIATE for the placement of advertising material is concluded when René Spörke confirms the activation.

2.4 René Spörke does not recognise any deviating general terms and conditions or regulations of AFFILIATE, unless René Spörke has expressly agreed to them in writing.

2.5 There is no claim to participation in the AFFILIATE partner program or to the conclusion of a contract with us.

2.6 In addition, the General Terms and Conditions of René Spörke, which can be viewed at, apply. René Spörke reserves the right to change the general terms and conditions at at any time without explicit notice.

2.7 The affiliate contract is concluded with the company René Spörke – 74424 Bühlertann, Moosbachstr. 38 – Germany.

2.8 The contract language is German.

3. registration for the affiliate program / procedure of the advertising measure

3.1 The AFFILIATE must log in and register for the online shop at the website with the data requested during registration. Once registration has been completed, René Spörke will open a customer account for the partner on the website Within this user account, AFFILIATE must apply separately for access to the AFFILIATE partner programme in accordance with Section 2.1. Once AFFILIATE has been activated by René Spörke to participate in the AFFILIATE partner programme, AFFILIATE can manage its advertising activities via this user account.

3.2 Once the user photo has been activated, the AFFILIATE may generate a link to all products offered in the online shop at https:// – with the exception of the products in Item 7 – which leads to the respective product and contains an affiliate code (hereinafter: AFFILIATE link). The integration of the advertising material and contents of René Spörke takes place in the form of links on the AFFILIATE website with links containing this affiliate code. By means of this affiliate code, all orders placed via this link can be assigned to the respective AFFILIATE. The AFFILIATE must integrate this affiliate code into its website in order to enable tracking.

4. Obligations of the provider

4.1 René Spörke shall provide AFFILIATE with a selection of advertising media (e.g. banners, text links, videos and images) (hereinafter referred to as “advertising media”) for individual campaigns at its own discretion. The user of the Affiliate Links can design his own advertising banners with our Affiliate Links taking these conditions into account.

4.2 René Spörke shall ensure in an appropriate manner through web tracking of the visitors that the users reach the respective product page on the René Spörke website (hereinafter: “AFFILIATE-LEADS”) via the AFFILIATE links integrated by AFFILIATE on its website. René Spörke also ensures that any orders placed as a result of an AFFILIATE LEADS are assigned to the respective AFFILIATE (hereinafter referred to as “SALES”).

4.3 René Spörke does not owe any error-free and/or uninterrupted availability of the website. The quality and correctness of the products and advertising material offered on the René Spörke website is at the sole discretion of René Spörke René Spörke shall be liable in this respect in accordance with the provisions of clause 8 of this contract.

5. Rights and obligations of the Affiliate

5.1 AFFILIATE is expressly prohibited from linking the provided links with other advertising media and/or making changes to the advertising media. The advertising media may only be used for the purposes provided for in this contract on the AFFILIATE websites, newsletters and in the social media.

5.2 AFFILIATE is itself responsible for the content and ongoing operation of the AFFILIATE website and will not place any content there during the term of this contract that violates any applicable law (e.g. the EU Health Claims Regulation, Regulation EC No. 1924/2006), morals or third-party rights and/or is likely to damage the reputation of René Spörke René Spörke is entitled, but not obliged, to inspect the AFFILIATE websites. In particular, AFFILIATE is prohibited from disseminating content which

Glorification of violence and extremism of any kind,
Calling for and instigating criminal offences and/or violations of the law, threats against life, limb or property,
Hunt down people or companies,
Personality-infringing statements, libel, defamation and slander by users and third parties, as well as violations of fair trading law,
infringing content or other infringements of intellectual property rights, or
sexual harassment of users and third parties
represent, concern or contain. Such content may neither be integrated on the AFFILIATE website itself nor may it be linked from the AFFILIATE website to corresponding content on other websites.

5.3 Any form of misuse, i.e. the generation of AFFILIATE LEADS and/or SALES via unfair methods or inadmissible means which violate applicable law (e.g. EU Health Claims Regulation, EC Regulation No. 1924/2006) and/or these GTC, is prohibited. In particular, AFFILIATE is prohibited from attempting to generate AFFILIATE-LEADS and/or SALES itself or through third parties by means of one or more of the following practices or to ensure that SALES is assigned to AFFILIATE:

Pretending AFFILIATE-LEADS or SALES that did not actually take place, e.g. by providing unauthorised information about others or by providing incorrect or non-existent data when ordering goods on the René Spörke website,
Use of forms of advertising that allow tracking, but do not display the advertising medium, are not perceptible or do not display it in the specified form and/or size,
Cookie Dropping: Cookies may not be set when visiting the website, but only if the user of the AFFILIATE website has previously voluntarily and deliberately clicked on the advertising medium,
other forms of affiliate womands (in particular cookie spamming, forced clicks, affiliate hopping) as well as the use of layers, add-ons, iFrames and postview technology in order to increase AFFILIATE LEADS,
Use of terms protected by law for René Spörke or third parties, in particular trademarks, for example in search engines, in advertising or on the AFFILIATE website without the express prior written consent of René Spörke In particular, AFFILIATE is prohibited from maintaining websites on the Internet that could lead to confusion with René Spörke, the online shop or products offered by René Spörke In particular, the AFFILIATE may not copy the websites of René Spörke, Landingpages or other presentations of René Spörke or adopt graphics, texts or other contents of René Spörke The AFFILIATE must avoid the impression that the AFFILIATE website is a project of René Spörke or that its operator is economically linked to René Spörke in a way that goes beyond the AFFILIATE programme and this contract. Any use by AFFILIATE of materials or content from the René Spörke website or of René Spörke logos or trademarks requires the prior written consent of René Spörke
5.4 AFFILIATE undertakes to operate the rest of the AFFILIATE website in accordance with applicable law and in particular to maintain a proper imprint and data protection declaration.

5.5 E-mail advertising containing advertising material from René Spörke or otherwise advertising for René Spörke may only be carried out if all addressees have given their express consent to the advertising by e-mail and the e-mail address has been verified and documented by a double opt-in procedure.

5.6 The AFFILIATE shall waive any reference to René Spörke and the products of René Spörke in any advertising of the AFFILIATE website. In particular, AFFILIATE will not place any context-based advertisements (in particular Google AdWords or AdSense) that contain the name, company keywords or brands of René Spörke or are delivered due to the use of corresponding keywords. The same applies to the names of René Spörke products.

5.7 The AFFILIATE undertakes to refrain from electronic attacks of any kind on the tracking system and/or the René Spörke websites. Electronic attacks include in particular attempts to overcome, circumvent or otherwise disable the security mechanisms of the tracking system, the use of computer programs to automatically read out data, the application and/or distribution of viruses, worms, Trojans, brute force attacks, spam or the use of other links, programs or procedures that could damage the tracking system, the AFFILIATE program or individual participants in the AFFILIATE program.

6. remuneration and commission

6.1 The AFFILIATE is entitled to a commission for each customer referred to René Spörke by him, which leads to a SALE (pay-per-sale), provided that there is no violation of this contract.

6.2 The commission claim also extends to subsequent transactions of the customer which he concludes at a later time with René Spörke, provided that the customer continues to place an order with René Spörke via the affiliate code.

6.3 The assignment of the AFFILIATE-LEADS to the respective AFFILIATE is made by cookies with a validity period of 30 days. It is possible to assign SALES to the AFFILIATE within this period, unless the customer deletes the cookies manually or uses blocking mechanisms against cookies or tracking systems.

6.4 The amount of AFFILIATE’s commission shall be calculated on the basis of René Spörke’s sales transactions, which René Spörke has generated through AFFILIATE in accordance with all of its customers’ transactions concluded during the respective accounting period.

6.5 The commission of AFFILIATE corresponds to 10 % of the net amount of the total shopping basket value of a SALES. The products in Item 7 and the shipping costs are not included in the calculation of the shopping basket value.

6.6 Remuneration claims are due for payment at the earliest 30 days after the sale successfully brokered by the Affiliate. Payment shall always be made at the end of each month. Revoked orders which have been placed by an Affiliate Sale will not be paid out, but cancelled.

6.7 The payment to AFFILIATE is made by Paypal transfer. For this purpose, the AFFILIATE must state the email address of an account suitable for Paypal transfers to which the payment is to be made in its user account in the online shop for this purpose.

7. Account

7.1 René Spörke shall prepare invoices for the AFFILIATE within the framework of the above-mentioned accounting periods. These contain at least the calculation factors described and, if applicable, further information, insofar as this is necessary in order to explain the Affiliate’s entitlement to commission and its calculation in a comprehensible manner.

7.2 As a rule, the invoices are sent to AFFILIATE within 2 weeks of the end of the accounting period. Deviating from this, the billing may take place later if René Spörke does not yet have the data required for billing. AFFILIATE must be informed of this immediately.

7.3 AFFILIATE shall immediately check the invoice. If the AFFILIATE has objections to a settlement, these must be asserted in writing to René Spörke within four weeks. After the expiry of this period, the invoice shall be deemed to be correct.

7.4 In addition to the invoices, René Spörke will provide AFFILIATE with an overview of the SALES brokered by AFFILIATE as part of the user account on the website.

8. Liability

8.1 The claims of AFFILIATES against René Spörke for damages or reimbursement of futile expenses shall be governed by these provisions, without regard to the legal nature of the claim, outside the law of warranty.

8.2 The liability of René Spörke is excluded – irrespective of the legal grounds – unless the cause of the damage is based on intent and/or gross negligence on the part of René Spörke, its employees, representatives or vicarious agents. As far as the liability of René Spörke is excluded or limited, this also applies to the personal liability of employees, representatives or vicarious agents of René Spörke The liability of René Spörke according to the product liability law remains unaffected (§ 14 ProdHG).

8.3 René Spörke shall be liable in accordance with the statutory provisions for damages resulting from injury to life, limb or health resulting from an intentional, grossly negligent or negligent breach of duty by René Spörke or a legal representative or vicarious agent of René Spörke

8.4 If René Spörke at least negligently violates an essential contractual obligation, i.e. an obligation whose observance is of particular importance for the achievement of the purpose of the contract (essential contractual obligation or cardinal obligation), the liability is limited to the typically occurring damage, i.e. to such damage whose occurrence must be typically expected within the framework of the contract. An essential contractual or cardinal obligation in the aforementioned sense is one whose fulfilment makes the proper execution of this contract possible in the first place and on whose observance René Spörke regularly relies and may rely.

9. Right to exemption

AFFILIATE shall indemnify René Spörke and the employees or agents of René Spörke against all claims of third parties in the event of claims based on alleged or actual infringement of rights and/or infringement of the rights of third parties by actions undertaken by AFFILIATE in connection with the AFFILIATE programme. Furthermore, AFFILIATE undertakes to reimburse all costs incurred by René Spörke as a result of such claims by third parties. The reimbursable costs also include the costs of a reasonable legal defence. Excluded from this are third party claims based on intentional or grossly negligent causation by René Spörke

10. Rights of use

10.1 The advertising media and our other contents of René Spörke are protected by copyright and/or other industrial property rights. René Spörke grants AFFILIATE a simple, non-transferable and non-exclusive right to use the advertising material for the duration and purpose of this contract.

10.2 Any modification, duplication, distribution or public reproduction of the advertising material or a substantial part thereof in terms of type and scope requires the prior written consent of René Spörke, insofar as it goes beyond the scope of the aforementioned granting of rights to AFFILIATE.

11. confidentiality

11.1 AFFILIATE undertakes to treat all knowledge of René Spörke or other confidential information acquired within the framework of the contractual relationship as confidential for an unlimited period of time (also beyond the end of this contract), to use it only for the purposes of the contract and in particular not to pass it on to third parties or otherwise exploit it. If information provided by René Spörke is described as confidential, the irrefutable presumption that the content is to be treated confidentially applies.

11.2 AFFILIATE shall treat the contents of this contract and the associated documents confidentially (as trade and business secrets).

11.3 AFFILIATE shall obligate its employees and other persons whose services it uses to fulfil its contractual obligations to maintain confidentiality in accordance with the above provisions.contractual term and termination of the contract, extraordinary termination

12. contractual term and termination of the contract, extraordinary termination

12.1 The contract shall run for an indefinite period of time and may be terminated by either party at any time without notice and without giving reasons.

12.2 In addition and beyond this, the right of the parties to terminate the contractual relationship by extraordinary termination for good cause shall remain unaffected. For René Spörke, this is an important reason that entitles to extraordinary termination, in particular in the following cases:

serious breach by AFFILIATES of its obligations under this contract
Infringement of obligations under this contract and failure to remedy or discontinue the infringement despite our request to do so,
a case of abuse within the meaning of clause 5 of this contract.
The statutory right to extraordinary termination remains unaffected by this.

12.3 AFFILIATE LEADS and/or SALES generated after termination of the contract do not lead to a remuneration obligation on the part of René Spörke

13. Data storage and data protection

The data protection provisions of the data protection declaration on the website apply exclusively.

14. Final regulations

14.1 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.

14.2 In the case of consumers who do not conclude the contract for professional or commercial purposes, the above 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.

14.3 If the AFFILIATE is a merchant, legal entity under public law or special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of René Spörke

14.4 The same shall apply if the AFFILIATE is an entrepreneur and has no general place of jurisdiction in Germany or if the place of residence or habitual abode is not known at the time the action is filed. The authority of René Spörke to also appeal to the court at another legal place of jurisdiction remains unaffected by this.