General Terms and Conditions

These General Terms and Conditions apply to all contracts you conclude with Spirit of OM GmbH. By placing your order, you accept the following General Terms and Conditions. Deviating terms and conditions of the purchaser shall not apply unless we have expressly agreed to them.

Delivery / Prices / Shipping Costs / Offers

Our articles can only be delivered within the EU, Switzerland, the Canary Islands, the Balearic Islands, Malta, Great Britain and Norway. Delivery within Germany in approx. 1-3 working days, delivery within Europe in approx. 2-5 working days from receipt of your complete and faultless order, unless otherwise agreed or a different delivery time is specified in the item description.

Shipping is usually carried out by DPD - in individual cases by GLS, DHL or Post.

Spirit of OM delivers free of charge within Germany and to Austria from an order value of EUR 100. Retailers in Germany and Austria receive their orders free of shipping costs from a net order value of EUR 350.

Otherwise we charge the following shipping costs (including VAT):
DE Germany EUR 4.95
AT Austria EUR 4.95

We ship free of charge within the EU for orders over EUR 200.
For orders under EUR 200, we charge shipping costs of EUR 9.90 (including VAT) per order for the following countries.

PL Poland
NL Netherlands
DK Denmark
CZ Czech Republic
BE Belgium
BG Bulgaria
EE Estonia
FI Finland
FR France
IT Italy
HR Croatia
LV Latvia
LT Lithuania
LU Luxembourg
PT Portugal
RO Romania
SE Sweden
SK Slovakia
SI Slovenia
ES Spain (mainland)
HU Hungary

There are also separate prices (including VAT) for the following countries:

UK Great Britain EUR 9.90
IS Iceland EUR 27.00
LI Liechtenstein EUR 9.90
RS Serbia EUR 28.50
CH Switzerland EUR 30.00

Weight-dependent shipping costs:

IC Canary Islands (Spain)
up to 4kg EUR 17.50 / up to 6kg EUR 19.40 / up to 10kg EUR 23.20 / up to 15kg EUR 27.95 / up to 20 kg EUR 32.70 / up to 25 kg EUR 37.45

ES Balearic Islands (Spain)
up to 4kg EUR 17.50 / up to 6kg EUR 19.40 / up to 10kg EUR 23.20 / up to 15kg EUR 27.95 / up to 20 kg EUR 32.70 / up to 25 kg EUR 37.45

MT Malta
up to 4kg EUR 16.90 / up to 6kg EUR 20.00 / up to 10kg EUR 23.30 / up to 15kg EUR 30.45 / up to 20 kg EUR 34.70 / up to 25 kg EUR 39.95

NO Norway
up to 1kg EUR 28.00 / up to 3kg EUR 29.00 / up to 5kg EUR 32.00 / up to 10kg EUR 34.00 / up to 15 kg EUR 36.00 / up to 20 kg EUR 44.00 / up to 25 kg EUR 46.00

All prices are total prices in EUR, i.e. they include all price components and statutory VAT.

Switzerland, Norway, Great Britain and other EFTA or third countries: Please note that Spirit of OM delivers without German VAT. We have no influence on the country-specific VAT rates and any customs duties that may be levied in third countries. The customer is responsible for any fees. Please inform yourself in your respective country.
The shipping terms correspond to “Frankatur 20” under German customs law. Deliveries are made on a Delivered at Place (DAP) basis: all import duties, taxes, and customs fees are to be paid by the customer.

Conclusion of Contract / Contract Language / Correction of Input Errors

The presentation and advertising of articles in our online shops, catalogues or other promotional material do not constitute a binding offer to sell specific products. A contract is only concluded when we accept your order through a declaration of acceptance or by shipping the ordered goods.

You can submit your offer by phone, letter or email (or in the online shop by placing the desired items in the virtual shopping cart and submitting the order by clicking the "Buy" button).

Upon receipt of your order in the online shop, you will automatically receive an email confirming receipt of your offer (order). This confirmation only documents that your order has been received; it does not constitute a binding acceptance. A contract is only concluded when we accept your offer by requesting payment after order submission, by confirming the order by email or phone, or by shipping the goods within five days.

The contract is concluded exclusively in German or English.

You can correct input errors before submitting your order using the technical tools provided in the online shop and the usual functions of your keyboard/mouse. You may also cancel the process at any time by closing the browser window. By clicking the “Buy” button, you make a binding offer; input errors can no longer be corrected afterward.

Payment Terms

You may choose to pay in advance, by invoice, instant transfer, or PayPal.

Invoice: Within Germany, payment is due within 14 days of receipt of the invoice via bank transfer. Outstanding invoices must be paid before a new delivery is made. Spirit of OM GmbH reserves the right to demand advance payment based on address and creditworthiness checks. (Invoice via Unzer also possible – see: Additional Payment Options).
Advance Payment: Unless otherwise agreed, Spirit of OM GmbH requires advance payment for orders outside Germany.
Our Bank Details:
- Sparkasse Allgäu
- IBAN: DE78 7335 0000 0516 1682 75
- BIC: BYLADEM1ALG

Additional payment options in our online shop:

Instant Transfer (Sofortüberweisung)

PayPal

You pay directly via your PayPal account. After submitting your order, you will be redirected to PayPal and authorize the payment there.

Invoice via Unzer

Thanks to our partner Unzer, we can offer customers from Germany and Austria the option to pay by invoice. This makes paying for your order or invoice easier. To provide this service, Unzer requires your name, email address and postal address. Since purchasing on account requires a minimum age of 18, we also require your date of birth. By selecting the invoice payment option, you consent to the transmission and processing of your data by Unzer. After receiving your order, we kindly ask you to pay the attached invoice within 14 days to Unzer (IBAN: DE47 6702 0190 0033 1157 09 / BIC: HYVEDEMM489), quoting your order number. Should we be unable to offer you invoice payment, we will inform you via email.

Returns: If you return already paid items within the 14-day return period, your payment will be refunded promptly.

If you fall into payment default, Spirit of OM (Maximilian Ott) is entitled to charge a reminder fee of €5.00. In addition, the customer is obligated to reimburse all reasonable costs incurred in collecting the outstanding amount, including statutory interest on arrears, process costs, collection agency fees, and attorney fees.

Retention of Title

The goods remain the property of Spirit of OM GmbH until full payment is received. The purchase contract becomes effective upon delivery of the goods.

Right of Exchange

(The following conditions do not restrict your statutory right of withdrawal as stated in the withdrawal policy.)

All items purchased from Spirit of OM GmbH can be exchanged within 14 days of receipt without giving any reason. Returned goods must be unworn and in perfect condition. Trying on is allowed. The return must be prepaid and sent to:

Spirit of OM GmbH, Am Schönebach 9, 87637 Eisenberg (Allgäu), Germany.

You bear the direct cost of returning the goods. Exchange items will then be shipped free of charge. In case of deterioration due to further use, we reserve the right to demand compensation for value. For justified complaints, we will reimburse both goods and shipping costs. The following right of withdrawal also applies.

Right of Withdrawal

Consumers have a statutory right of withdrawal of fourteen days.

Withdrawal Policy

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date you or a third party named by you (who is not the carrier) took possession of the goods.

To exercise your right of withdrawal, you must inform us (Spirit of OM GmbH, Am Schönebach 9, 87637 Eisenberg (Allgäu), Germany, mail@spirit-of-om.de, phone: +49 8376 92991988) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You may use the attached sample withdrawal form, but this is not required.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs (except for any additional costs arising from your choice of a delivery method other than our standard delivery), without undue delay and at the latest within fourteen days from the day we receive your notice of withdrawal. We will use the same payment method you used for the original transaction unless expressly agreed otherwise; in no case will you be charged fees for this refund. We may withhold the refund until we have received the goods back or until you have provided proof of return, whichever comes first.

You must return or hand over the goods to us without undue delay and no later than fourteen days from the date on which you informed us of the withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period has expired. You bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Special Notes

The right of withdrawal does not apply to contracts for the supply of goods made to your specifications or clearly tailored to your personal needs.

Exclusion of the Right of Withdrawal

According to § 312g paragraph 2 no. 3 BGB, the right of withdrawal does not apply to contracts for the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery.

Sample Withdrawal Form

(If you wish to withdraw from the contract, please fill out this form and send it back.)

– To Spirit of OM GmbH, Am Schönebach 9, 87637 Eisenberg (Allgäu), mail@spirit-of-om.de
– I/We hereby withdraw from the contract concluded for the purchase of the following goods: ____________
– Ordered on / received on: ____________
– Name: ____________
– Address: ____________
– Signature (if submitted on paper): ____________
– Date: ____________

Download withdrawal form (PDF)

End of withdrawal policy

Information on Liability for Defects (Warranty)

The statutory warranty provisions apply. In the event of any material or legal defects in delivered items, you are entitled without restriction to all statutory rights, with the proviso that claims for damages or reimbursement of expenses are subject to the limitations and exclusions set out in §8. For warranty claims or inquiries, please contact: Mail: Spirit of OM GmbH, Am Schönebach 9, 87637 Eisenberg (Allgäu) Email: mail@spirit-of-om.de

Complaints / Dispute Resolution

In accordance with EU Regulation No. 524/2013 and based on Directive 2013/11, we are obliged as an online provider to inform consumers about the European Commission’s Online Dispute Resolution (ODR) platform. This platform is accessible at: http://ec.europa.eu/consumers/odr/

Consumers can use this platform to resolve potential disputes with us out of court. In this context, we are also obliged to provide our email address: mail@spirit-of-om.de

We strive to resolve any disputes arising from our contracts amicably.