General terms and conditions, consumer information (Annex 1) and information on the right of withdrawal (Annex 2)
1 Validity of the conditions and storage possibility. 2 Conclusion of contract. 3 Data protection. 4 Prices, price changes. 6 Legal liability for defects. 7 limitation of liability. 8 Right of revocation. 9 Retention of title. 10 Final Provisions.
Cancellation Policy and Model Cancellation Form.
General Terms and Conditions of Business
1 Validity of the conditions and storage possibility
(1) For the business relationship between us, the
SWEDISH FALL Ltd,
Daimlerstr. 17, 25337 Elmshorn
Phone: +49 (0) 6131 2765 609
Seat: Elmshorn, Court of registration: Hamburg, HRB 12660 PI
VAT ID: DE306928747
Managing Directors: Jonas Detlefsen, Marius Krüger
(in the following seller) and you are exclusively subject to the following General Terms and Conditions in their version valid at the time of the order.
(2) You can print this document using the "Print" function integrated in your Internet service program (browser) or save it on your computer using the "Save" function.
2 Conclusion of contract
(1) The presentation of our goods does not constitute a binding offer on our part.
(2) By clicking on the button "buy subject to payment" the ordering process is completed and you submit a binding offer to conclude a purchase contract with regard to the goods contained in the virtual shopping cart.
(3) After submitting the offer, you will receive a confirmation of receipt from us by e-mail. This confirmation of receipt does not yet represent an acceptance of the offer.
(4) You are bound to the offer for 2 working days. The offer is accepted by us by means of a confirmation of acceptance by e-mail to the e-mail address provided by you or by delivery of the goods to you. If none of the acceptance options presented are accepted by us within the 2-day period, the offer shall be deemed rejected.
a) If you have chosen the method of payment "PayPal", "Stripe" or "Sofortüberweisung", the contract is concluded as soon as the payment process has been completed at "PayPal" or "Stripe" or "Sofortüberweisung" and the payment has been accepted by "PayPal" or "Stripe" or "Sofortüberweisung" for processing, and this has also been done within the 2-day period. 3 Data protection
(1) We will collect, process and store all personal data provided by you (title, name, address, date of birth, e-mail address, telephone number, bank details, credit card number) exclusively in accordance with the provisions of German data protection law.
(2) The personal data, insofar as these are necessary for the establishment, content design or modification of the contractual relationship (inventory data), will be used exclusively for the processing of the sales contracts concluded between you and us, for example for the delivery of goods to the address you have provided. Any other use of your inventory data for the purposes of advertising, market research or for the design of our offers in line with requirements requires your express consent.
(3) Your personal data, which are necessary to enable and invoice the use of our offers (usage data), will initially also be used exclusively to process the sales contracts concluded between us. Such usage data are in particular the features for your identification as a user, information about the beginning and end as well as the scope of the respective usage and information about the telemedia used by you as a user. Furthermore, we will use such usage data for the purposes of advertising, market research or to design our telemedia in line with requirements in order to create usage profiles using pseudonyms. Under no circumstances will usage profiles be merged with the corresponding data.
(4) If you require further information or wish to retrieve or revoke your expressly granted consent to the use of your inventory data or wish to object to the use of your usage data, our support team is available to you at the e-mail address firstname.lastname@example.org.
4 Prices, price changes
(1) The prices include the statutory value added tax and other price components.
(2) Without express reference, the prices quoted do not include the cost of freight to the place of destination and must be paid by you in addition to the purchase price. Any shipping costs incurred are listed in each case with the product description and are shown separately on the invoice.
5 Delivery times
The delivery times stated for the respective product apply.
6 Legal liability for defects
If the delivered item has a material defect, the warranty is subject to the statutory provisions. Warranty claims for new items are subject to a limitation period of 2 years from receipt of the item.
7 Limitation of liability
(1) Claims for damages by the buyer are excluded, unless otherwise specified below. The above exclusion of liability shall also apply in favour of our legal representatives and vicarious agents if the purchaser asserts claims against them.
(2) Excluded from the exclusion of liability as defined in clause 1 are claims for damages due to injury to life, body, health and claims for damages arising from the violation of essential contractual obligations. In the latter case (breach of essential contractual obligations), however, we shall only be liable for foreseeable damage typical for the contract. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract and on whose observance you as a customer regularly rely, e.g. the seller must hand over the item to the buyer free of material defects and defects of title and procure ownership of the item. Also excluded from the exclusion of liability is the liability for damages which are based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents.
(3) Regulations of the product liability law (ProdHaftG) remain unaffected.
8 Right of revocation
If you are a consumer and the contract for the delivery of goods or for the provision of services was concluded using exclusively means of distance communication, and no legal exception applies, you have a right of withdrawal. Regarding the existing legal rights, we expressly refer to the instructions on our homepage www.swedishfall.com, as well as to the appendix of these GTC. Consumer in the sense of these GTC is every natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his independent professional activity.
9 Retention of title
The parties agree that the ownership of the sold item shall not pass to the buyer until the purchase price has been paid to us in full. Until this time we grant you the ownership of the item.
10 Final Provisions
(1) All legal relations between the parties shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the state in which you have your habitual residence shall remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of performance and exclusive place of jurisdiction for all disputes arising from the contractual relationship is Hamburg.
If you order goods when visiting our homepage, we would like to point out the following:
(1) You will find our exact supplier identification in our imprint on our website www. http://www.swedishfall.com/impressum
(2) The languages available for the conclusion of the contract are German and English.
(3) The text of the contract will be stored by us and sent to you by e-mail. Please keep this e-mail carefully. For organisational reasons it is not possible to send you the contract text again later.
(4) The essential characteristics of the goods offered by us as well as the period of validity of limited offers can be found in the individual product descriptions within the framework of our Internet offer.
(5) The presentation of our goods does not represent a binding offer on our part. Only the order of a product by you is a binding offer according to § 145 BGB, to which you are bound for 2 working days. In case of acceptance of this offer we will send you a declaration of acceptance by e-mail. The acceptance can also be made by us by sending the goods within the binding period of two working days. If none of the described acceptance possibilities should be carried out by us within the 2-day period, the offer is considered as rejected. With the acceptance, the purchase contract between you and us is concluded. For the rest, we refer to our AGB, there § 2, regarding the conditions of the conclusion of the contract.
(6) You can recognise any input errors when submitting your order in the final confirmation before checkout and correct them at any time before sending the order with the help of the delete and change function.
(7) The prices quoted by us are final prices including taxes. In the case of delivery outside the EU, further duties, taxes or fees may be incurred, which the customer must pay not to us, but to the respective competent customs office.
(8) The purchase price is due immediately upon order. The payment of the goods is made by credit card (we use the transmission method "SSL" to encrypt your personal data), by "PayPal" or by "Stripe" or by "Sofortüberweisung".
a) When paying by credit card, you must enter during the payment process the credit card number and the check digit, which is on the back of your credit card, and that he date on which the validity of your credit card expires. Once the credit card accepts it, the amount payable will be debited from your credit card account and the shipment of the ordered goods will be initiated. b) If you pay via the online provider PayPal, you will be forwarded directly to this provider as part of the payment process. You must be registered there or register first, legitimize with your access data and confirm the payment order to us (exception may be guest access). You will receive further information during the ordering process and at https://paypal.de. c) If you choose the payment method "immediate bank transfer", we will receive the transfer credit immediately. You will need your account number, bank code, PIN and TAN. Using the secure payment form of Sofort AG, which is not accessible to merchants, Sofortüberweisung automatically and in real time places a transfer in your online bank account. The purchase amount is immediately and directly transferred to the bank account of the dealer. If you choose the payment method Sofortüberweisung, a pre-filled form opens at the end of the order process. This form already contains our bank details. In addition, the transfer amount and the intended purpose are already displayed in the form. You must now select the country in which you have your online banking account and enter the bank code. Then enter the same data as when you registered for online banking (account number and PIN). Confirm your order by entering the TAN. You will receive confirmation of the transaction immediately afterwards. In principle, every Internet user can use the immediate bank transfer as a method of payment if they have an activated online banking account with PIN/TAN procedure. Please note that at a few banks the immediate transfer is not yet available. You can find more information about whether your bank supports this service here: https://www.sofort.com/ger-DE/general/fuer-kaeufer/fragen-und-antworten/
(9) The data required for the processing of the contract between you and us will be stored by us and are accessible to you at all times. In this respect we refer to the data protection regulations in our General Terms and Conditions and to our data protection declaration.
(10) There is a legal right to liability for defects. We refer to § 6 of our General Terms and Conditions.
(11) The delivery times can be found with the respective products
(12) We deliver worldwide, except to Eritrea, Iran, Libya, North Korea, Somalia and Syria.
(13) You have a right of withdrawal. With regard to the conditions, the deadlines, the costs of returning the goods and the procedure for exercising the right of revocation, we refer you to our revocation instructions, which you will find together with the sample revocation form in Appendix 2.
However, the right of revocation does not apply to contracts
-for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
-for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded,
-for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery,
-for the delivery of goods, if these were inseparably mixed with other goods after delivery due to their nature,
-for the supply of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, but which can be supplied at the earliest 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the trader has no control,
-for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery
-for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts
(14) In all other respects we refer to our General Terms and Conditions.
Cancellation policy and sample cancellation form
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods.
In order to exercise your right of revocation you must inform us (SWEDISH FALL GmbH, email@example.com) by means of a clear statement (e.g. e-mail) about your decision to revoke this contract. You can use the attached sample revocation form for this purpose, but this is not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to make any refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to our logistics partner without delay and in any event within fourteen days at the latest from the day you notify us of the cancellation of this agreement. Please use the following address:
c/o Swedish case
37412 Herzberg in the Harz Mountains
The deadline is met if you send the goods before the end of the fourteen-day period.
You bear the direct costs of returning the goods.
You will only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for checking their nature, properties and functioning.
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back).
-To: SWEDISH FALL GmbH
- 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 in the case of paper notification)
(*) Delete as applicable.