Terms of Service
1. SCOPE OF APPLICATION
The terms and conditions apply to all orders placed through our online shop and by entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, the validity is hereby contradicted;Â they only become part of the contract if we have expressly consented to this.
2. CONTRACTUAL PARTNERS, CONCLUSION OF CONTRACT, CORRECTION OPTIONS
The purchase contract is concluded with Swics Holding GmbH.
By placing the products in the online shop, we are submitting a binding offer to conclude a contract for this item. YOU can initially place our products in the shopping cart without obligation and correct your input at any time before submitting your binding order, ie you can use the correction aids provided and explained in the order process. The contract is concluded when you click on the order button to accept the offer for the goods in the shopping cart. Immediately after submitting the order, you will receive another confirmation by email.
3. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE
The language (s) available for the conclusion of the contract: German, English
We save the contract text and send you the order data and our terms and conditions in text form. YOU can see the text of the contract in our customer login.
4. TERMS OF DELIVERY
In addition to the stated product prices, there are also shipping costs. You can find out more about the amount of shipping costs in the offers.
We only deliver by post. Unfortunately, a self collection of the product is not possible.
We do not deliver packing stations.
5. PAYMENT
The following payment methods are generally available in our shop:
Payment in advance
If you choose the payment method in advance, we will give you our bank details in a separate email and deliver the goods after receipt of payment.
PayPal
During the ordering process, YOU will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, when & YOU are registered there or register first, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You’ll get more information during the ordering process.
Google Pay
In order to be able to pay the invoice amount via Google Pay, when you must be registered with the service provider Google, have activated the Google Pay function, identify yourself with your access data and confirm the payment order. The payment transaction is carried out immediately after the order has been placed. You’ll get more information during the ordering process.
Apple Pay
In order to be able to pay the invoice amount via Apple Pay, when & YOU use the “Safari” browser, be registered with the service provider Apple, have activated the Apple Pay function, identify yourself with your access data and confirm the payment order. The payment transaction is carried out immediately after the order has been placed. You’ll get more information during the ordering process.
Amazon Pay
During 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 process the order process via Amazon and to be able to pay the invoice amount, When When When When To be registered there or to register first and legitimize with your access data. There you can choose the delivery address and payment method saved at Amazon, confirm the use of your data by Amazon and confirm the payment order to us. You will be redirected to our online shop, where you can complete the ordering process. Immediately after placing the order, we ask Amazon to initiate the payment transaction.The payment transaction is carried out automatically by Amazon. You’ll get more information during the ordering process.
6. RIGHT OF WITHDRAWAL
YOU have the statutory right of withdrawal, as described in the cancellation policy.
7. RESERVATION OF TITLE
The goods remain our property until full payment.
For entrepreneurs, the following also applies: We reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign claims arising from this resale – regardless of a combination or mixing of the reserved goods with a new item – to us in advance in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations.
8. TRANSPORT DAMAGE
Für Verbraucher gilt: Werden Waren mit offensichtlichen Transportschäden angeliefert, so reklamieren Sie solche Fehler bitte schnellstmöglich beim Zusteller und setzen Sie sich umgehend mit uns in Verbindung. Die Versäumung einer Reklamation oder Kontaktaufnahme hat für Ihre gesetzlichen Ansprüche und deren Durchsetzung, insbesondere Ihre Gewährleistungsrechte, keinerlei Konsequenzen. Sie helfen uns jedoch, unsere eigenen Ansprüche gegenüber dem Frachtführer bzw. der Transportversicherung geltend zu machen.
The following applies to entrepreneurs: The risk of accidental loss and accidental termination passes to YOU ​​as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment. According to Section 377 of the German Commercial Code (HGB), the obligation to inspect and give notice of defects applies to merchants. If you fail to die there regulated notification, the goods are considered approved, unless there is a defect that was not recognizable during the examination. This does not apply if we have fraudulently concealed a defect.
9. WARRANTIES AND GUARANTEES
Unless expressly agreed otherwise, the statutory right to liability for defects applies.
The following applies to the purchase of used goods by consumers: If the defect occurs after one year of delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be made within the statutory limitation period of two years for delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods takes place to the exclusion of any kind
Guarantee. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
With regard to entrepreneurs, only our own information and the manufacturer’s product descriptions that were included in the contract apply as an agreement on the quality of the goods;Â We assume no liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we initially provide a guarantee to entrepreneurs, at our option, by repairing the defect (subsequent improvement) or by delivering a defect-free item (replacement delivery).
The restrictions and shortened deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, body or health
- in the event of willful or grossly negligent breach of duty as well as malice
- in compliance with the contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on compliance with the contractual obligations (cardinal obligations)
- as part of a guarantee promise, if agreed, or
- as far as the scope of the product liability law is opened.
Information on any additional guarantees and their exact conditions can be found with the product and special information pages in the online shop.
10. LIABILITY
We are always unrestrictedly liable for claims due to damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, body or health
- in the event of willful or grossly negligent breach of duty
- in the case of guarantee promises, if agreed, or
- as far as the scope of the product liability law is opened.
In the case of contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and the compliance with the contractual obligations (cardinal obligations) through slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability is limited to the damage foreseeable at the time the contract was concluded Formation typically has to be expected.
Otherwise claims for damages are excluded.
11. DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution, which you can find here [https://ec.europa.eu/consumers/odr/]. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
Terms and conditions created withrechtstexter.de [https://legal.trustedshops.com/legalwizard].
Right of withdrawal
You have the right to withdraw from this contract within thirty days without giving any reason. The cancellation period is thirty days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods .
In order to exercise your right of withdrawal, when you must contact us (Swics Holding GmbH, Abläschstrasse 55, 08750 Glarus, Switzerland, info@swics.ch, telephone: 0435483734) by means of a clear declaration (e.g. a letter sent by post, fax or email ) of your decision to withdraw from this contract. YOU can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for YOU to send the notification that you are exercising your right of cancellation before the cancellation period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we have to repay all payments that we have received from YOU, including delivery costs (with the exception of the additional costs resulting therefrom) immediately and within fourteen days from the day on which notification We have received your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will YOU be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that
You have to die at least and in any case within fourteen days from the day on which you informed us about the cancellation of this contract, to be returned to us or to be handed over. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. YOU When do you only have to pay for a loss in value of the goods if this loss in value is due to a handling of the goods that is not necessary for checking the condition, properties and the goods.
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
– To Swics Holding GmbH, Abläschstrasse 55, 08750 Glarus, Switzerland, info@swics.ch
– I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following
Goods (*) / the provision of the following service (*)
– Ordered on (*) / received on (*)
– Name of the consumer (s)
– Address of the consumer (s)
– Signature of the consumer (s) (only if this is communicated on paper)
– Date
(*) Delete where inapplicable.
Revocation instruction created withrechtstexter.de [https://legal.trustedshops.com/legalwizard].
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