Terms and Conditions
General Terms and Conditions with Customer Information
Table of Contents
- Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Governing Law
- Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Andreas Döbler, trading as "shwasy" (hereinafter "we/us"), apply to all contracts for the delivery of goods concluded by you as a consumer or entrepreneur (hereinafter "you") with us regarding the goods displayed in our online shop. We hereby object to the inclusion of your own terms, unless we have agreed otherwise with you.
1.2 A consumer for the purposes of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity.
1.3 An entrepreneur for the purposes of these GTC is a natural or legal person or a partnership with legal capacity acting in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.
2) Conclusion of Contract
2.1 The product descriptions contained in our online shop do not constitute binding offers on our part, but serve to enable you to submit a binding offer.
2.2 You can submit the offer via the online order form integrated into our online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, you submit a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 We can accept your offer within five days,
- by sending you a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by you is decisive, or
- by delivering the ordered goods to you, whereby the receipt of the goods by you is decisive, or
- by requesting payment from you after you have placed your order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of your offer begins on the day after you send your offer and ends at the end of the fifth day following the dispatch of the offer. If we do not accept your offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that you are no longer bound by your declaration of intent.
2.4 If you select a payment method offered by PayPal, payment processing is carried out via 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 User Agreement, available at https://www.paypal.com
2.5 When ordering via our online order form, the contract text is stored by us after the contract is concluded and sent to you in text form (e.g., e-mail, fax, or letter) after you have submitted your order. We do not make the contract text accessible beyond this.
2.6 Before bindingly submitting the order via our online order form, you can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's zoom function, which enlarges the display on the screen. You can correct your entries within the electronic ordering process using the usual keyboard and mouse functions until you click the button that concludes the ordering process.
2.7 Various languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.
2.8 Order processing usually takes place automatically via e-mail. You must ensure that the e-mail address you have provided for order processing is correct so that the e-mails sent by us can be received at this address.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in our withdrawal policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated in our product description, the prices quoted are total prices which include statutory value-added tax. Any additional delivery and shipping costs incurred are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, further costs may arise in individual cases for which we are not responsible and which are to be borne by you. These include, for example, costs for money transfers by financial institutions (e.g., transfer fees, currency exchange fees) or import-related duties or taxes (e.g., customs duties). Such costs regarding the transfer of funds may also arise if the delivery does not take place in a country outside the European Union but you make the payment from a country outside the European Union.
4.3 The payment method(s) will be communicated to you in our online shop.
4.4 If advance payment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless we have agreed on a later due date with you.
4.5 If you select a payment method offered by the "Shopify Payments" service, payment processing is carried out by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). We will inform you of the individual payment methods offered via Shopify Payments in our online shop. To process payments, Shopify may use other payment services for which special payment terms may apply, about which you will be informed separately if necessary. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com
4.6 If you select a payment method offered by the "Apple Pay" service, payment processing is carried out by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). We will inform you of the individual payment methods offered via Apple Pay in our online shop. To process payments, Apple may use other payment services for which special payment terms may apply, about which you will be informed separately if necessary. Further information on Apple Pay is available on the Internet at https://www.apple.com
5) Delivery and Shipping Conditions
5.1 If we offer to ship the goods, delivery will be made within the delivery area specified by us to the delivery address provided by you, unless otherwise agreed. When processing the transaction, the delivery address specified in our order processing is decisive.
5.2 If the delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply with regard to the costs for the initial shipment if you effectively exercise your right of withdrawal. For return shipping costs, the provision made in our withdrawal policy shall apply if you effectively exercise your right of withdrawal.
5.3 If you are acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to you as soon as we have delivered the item to the freight forwarder, carrier, or the person or institution otherwise designated to carry out the shipment. If you are acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only passes to you upon delivery of the goods to you or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to you as a consumer as soon as we have delivered the item to the freight forwarder, carrier, or the person or institution otherwise designated to carry out the shipment, if you have commissioned the freight forwarder, carrier, or the person or institution otherwise designated to carry out the shipment and we have not previously named this person or institution to you.
5.4 If you are acting as a consumer based in Germany or as an entrepreneur, we reserve the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies, however, if we are not responsible for the non-delivery and we have concluded a specific hedging transaction with the supplier with due care. We will make all reasonable efforts to procure the goods. In the event of unavailability or partial availability of the goods, you will be informed immediately and the consideration will be refunded to you immediately.
5.5 Self-collection is not possible for logistical reasons.
6) Retention of Title
If we provide performance in advance, we retain title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for Defects (Warranty)
Unless otherwise provided for in the following regulations, the provisions of statutory liability for defects shall apply. By way of derogation, the following applies to contracts for the delivery of goods:
7.1 If you are acting as an entrepreneur,
- we have the choice of the type of supplementary performance;
- the limitation period for defects for new goods is one year from delivery of the goods;
- for used goods, rights for defects are excluded;
- the limitation period does not restart if a replacement delivery is made as part of the liability for defects.
7.2 The limitations of liability and shortening of periods regulated above do not apply
- to your claims for damages and reimbursement of expenses,
- in the event that we have fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their customary manner of use and have caused its defectiveness,
- for any existing obligation of ours to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.4 If you are a merchant within the meaning of § 1 of the German Commercial Code (HGB), you are subject to the commercial duty of inspection and notification of defects pursuant to § 377 HGB. If you fail to comply with the notification requirements set out therein, the goods shall be deemed approved.
7.5 If you are acting as a consumer, you are requested to complain about delivered goods with obvious transport damage to the deliverer and to inform us thereof. Failure to do so has no effect on your statutory or contractual claims for defects.
8) Liability
We are liable to you for all contractual, quasi-contractual, and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:
8.1 We are liable without limitation for any legal reason
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, body, or health,
- on the basis of a guarantee promise, unless otherwise agreed,
- on the basis of mandatory liability, such as under the Product Liability Act.
8.2 If you are acting as a consumer based in Germany or as an entrepreneur, the following limitations of liability apply:
If we negligently breach a material contractual obligation, our liability is limited to the foreseeable damage typical for the contract, unless we are liable without limitation according to the above section. Material contractual obligations are obligations that the contract imposes on us according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which you may regularly rely. Otherwise, our liability is excluded, unless we are liable without limitation according to the above section.
8.3 The above liability provisions also apply to our liability for our vicarious agents and legal representatives.
9) Governing Law
For all legal relationships between us, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of movable goods. If you are acting as a consumer, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the country in which you have your habitual residence is not withdrawn.
10) Alternative Dispute Resolution
We are not obliged to participate in dispute resolution proceedings before a consumer arbitration board, but are prepared to do so.
