As of: July 2025
within the scope of purchase contracts concluded via the online shop www.schwaiger.de
between
Schwaiger GmbH
Würzburger Straße 17
90579 Langenzenn
Phone: +49 (0) 9101 702-0
Fax: +49 (0) 9101 9668
Email: info@schwaiger.de
Internet: www.schwaiger.de
- hereinafter referred to as the “Provider” -
and
the customer designated in § 2 of the contract
- hereinafter referred to as the “Customer” -
are concluded.
§ 1 Scope of application, definitions
(1) The business relationship between the Provider and the Customer shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating general terms and conditions of the Customer shall not be recognized unless the Provider expressly agrees to their validity in writing.
(2) The Customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to their commercial or self-employed professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of their commercial or self-employed professional activity.
§ 2 Conclusion of contract
(1) The customer can select products, in particular electrical appliances, from the provider's range and collect them in a so-called shopping cart by clicking on the “Add to cart” button. By clicking on the “Place order” button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the request can only be submitted and transmitted if the customer accepts these contractual terms and conditions by clicking on the “Accept Terms and Conditions” button and thereby includes them in their request.
(2) The provider then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the “Print” function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider sends a declaration of acceptance in a separate email (order confirmation). In this email or in a separate email, but at the latest upon delivery of the goods, the contract text (consisting of the order, terms and conditions, and order confirmation) will be sent to the customer by the provider on a permanent data carrier (email or paper printout) (contract confirmation). The contract text will be stored in compliance with data protection regulations.
(3) The contract is concluded in German.
(4) We reserve the right to cancel an order in whole or in part if it has been placed due to obvious typing, printing, calculation, or transmission errors in the online shop or in connection with the availability of goods. This applies in particular to incorrect price information, items marked as “shippable” by mistake, or incorrect stock levels. In such cases, we will inform the customer immediately. Any payments already made will be refunded immediately.
§ 3 Delivery, availability of goods
(1) The delivery times specified by us are calculated from the time of our order confirmation, provided that the purchase price has been paid in advance (except for purchases on account). If no delivery time or a different delivery time is specified for the respective goods in our online shop, the delivery time is five (5) days.
(2) If no copies of the product selected by the customer are available at the time of the customer's order, the provider will inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the provider will refrain from issuing a declaration of acceptance. In this case, no contract will be concluded.
(3) If the product specified by the customer in the order is only temporarily unavailable, the provider shall also inform the customer of this immediately in the order confirmation.
(4) The following delivery restrictions apply: The provider only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country:
Germany, Austria, Belgium, France, Croatia, Luxembourg, Netherlands, Hungary, Slovakia, Slovenia, Czechia, Denmark, Poland, Monaco, Italy, Spain, Sweden, San Marino, Vatican City, Bulgaria, Estonia, Finland, Greece, Ireland, Latvia, Lithuania, Norway, Portugal, or Romania.
§ 4 Retention of title
The delivered goods remain the property of the provider until full payment has been received.
§ 5 Prices and shipping costs
(1) All prices stated on our website include the applicable statutory sales tax.
(2) The corresponding shipping costs are specified to the customer in the order form and are to be borne by the customer, unless the customer exercises their right of withdrawal. For orders over €20, the supplier delivers packages to the customer free of shipping costs (except for freight goods and international shipments).
(3) The goods are shipped by post or freight forwarder. The supplier bears the shipping risk if the customer is a consumer.
(4) In the event of withdrawal, the customer shall bear the direct costs of returning the goods.
§ 6 Payment methods
(1) During the ordering process, we offer the following payment methods via the payment service provider Shopify Payments, operated by Shopify International Ltd., Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland: Apple Pay, Google Pay, Klarna, Maestro, Mastercard, Visa, Shop Pay, and Union Pay.
(2) If you select one of these payment methods, payment will be processed exclusively via Shopify Payments. Depending on the payment method selected, additional terms and conditions of the respective payment providers (e.g., Apple Pay, Google Pay, or Klarna) may apply, which will be displayed during the ordering process.
(3) Your payment method will be charged immediately after completing the order, unless otherwise specified for the respective payment method.
(4) Outside of Shopify Payments, you can pay directly via PayPal.
(a) Payment via PayPal
When using the payment service provider PayPal, the time of payment corresponds to the time of the order. Payment processing is handled by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. Payment via PayPal requires, among other things, that the customer already has a PayPal account or opens such an account. The terms and conditions for all PayPal services can be viewed at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(b) Payment by credit card using the 3D Secure security procedure
When paying by credit card, the payment date corresponds to the date of the order. The 3D Secure security procedure is used.
Registration for the 3D Secure security procedure
To participate in this procedure, the customer must register directly with the bank that issued their credit card. Depending on the credit institution, different personal data is requested for registration, such as the address or date of birth. Some banks send a code in advance, which they request during registration.
Authentication for online purchases
After the customer has entered their credit card number, a connection is established with the card issuer so that the customer can confirm their identity with a code, known as two-factor authentication. Authentication for online purchases can be carried out in various ways:
• Personal password
• SMS TAN
• Smartphone app
The exact form of authentication depends on the credit institution that issues the credit card. In the case of suspicious transactions, for example, additional personal details may be requested. These may include the current address or other personal data.
An automated authentication or risk check is carried out. This may result in the authentication being unsuccessful and the selected payment method not being available in this specific case. Once authentication has been completed correctly, the credit card payment is executed. If the data entered is incorrect, the payment process is canceled for the customer's own security.
(c) Payment by instant transfer (Klarna)
If you select the “instant transfer” payment method, you can conveniently pay for the goods you have ordered via your online banking account while you are still placing your order. After selecting this payment method during the ordering process, you will be redirected to the secure payment form of Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”).
Klarna carries out the payment process automatically and without us being able to view it. The process is similar to an EC card payment with PIN entry. During the process, Klarna checks the available account balance and, if there are sufficient funds, transfers the money to us. In individual cases, Klarna also checks whether previous payments with Sofortüberweisung have been successfully booked in order to prevent misuse.
To execute an instant transfer, Klarna requires the following data: name, IBAN, BIC if applicable, as well as online banking access data (PIN) and a one-time TAN. Neither we nor any third parties have access to your online banking access data (PIN/TAN). Klarna only stores your name, IBAN, BIC, purpose, amount, and date of the transfer—but not your account balance or past transactions.
If the transaction is successful, we receive an automated confirmation from Klarna in real time that the transfer has been executed.
For more information on the “Sofortüberweisung” payment method, please visit: https://www.klarna.com/sofort/.
(5) The customer can change the payment method stored in their user account at any time.
(6) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, they must pay the provider default interest for the year at a rate of 5 percentage points above the base interest rate.
(7) The customer's obligation to pay default interest does not exclude the provider from asserting further claims for damages caused by the delay.
§ 7 Warranty for material defects, guarantee
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB (German Civil Code). For entrepreneurs, the warranty period for new goods delivered by the provider is 24 months and for used goods 12 months.
(2) An additional guarantee exists for the goods delivered by the provider only if this was expressly stated in the order confirmation for the respective item.
§ 8 Liability
(1) Claims for damages by the customer are excluded. This does not apply to claims for damages by the customer arising from injury to life, limb, health, or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for foreseeable damage typical for this type of contract if this was caused by simple negligence, unless the customer's claims for damages arise from injury to life, limb, or health.
(3) The limitations in paragraphs 1 and 2 also apply in favor of the provider's legal representatives and vicarious agents if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the provider and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.
§ 9 Cancellation policy
(1) When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, about which the provider provides information below in accordance with the statutory model. Exceptions to the right of withdrawal are regulated in paragraph (2). A model withdrawal form can be found in paragraph (3).
Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within 30 days without giving any reason. The withdrawal period is 30 days from the day on which 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
Schwaiger GmbH
Würzburger Straße 17
90579 Langenzenn
Phone: +49 (0) 9101 702-0
Fax: +49 (0) 9101 9668
Email: info@schwaiger.de
by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but this is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of your exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the inexpensive standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract.
We will use the same means of payment for this refund as 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 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 us immediately and in any case no later than 14 days from the date on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the 14-day period expires.
You bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties, and functionality.
(2) Unless the parties have agreed otherwise, the right of withdrawal does not apply to the following contracts:
- Contracts for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery
- Contracts 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 or the packaging of the hygiene item has been opened
- Contracts for the delivery of goods if, due to their nature, they have been inseparably mixed with other goods after delivery
(3) The provider provides the following information about the model withdrawal form in accordance with the statutory provisions:
Model withdrawal form
(If you wish to withdraw from the contract, please fill out this form and return it.)
— To Schwaiger GmbH
Würzburger Straße 17
90579 Langenzenn
Phone: +49 (0) 9101 702-0
Fax: +49 (0) 9101 9668
Email: webshop@schwaiger.de:
— I/we (*) hereby withdraw from the contract concluded by me/us (*)
for the purchase of the following goods (*)/the provision of the following
service (*)
— Ordered on (*)/received on (*)
— Order number
— Name of consumer(s)
— Address of consumer(s)
— Signature of consumer(s) (only for paper notifications)
— Date
(*) Delete as applicable
§ 10 Final provisions
(1) Contracts between the provider and the customer are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the country in which the customer as a consumer has their habitual residence, 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 jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider's registered office.
(3) Even if individual points of the contract are legally invalid, the remaining parts of the contract remain binding. The invalid points shall be replaced by the statutory provisions, if any. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract shall become invalid in its entirety.
