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Terms of service

Schwaiger GmbH

Status: October 2020

in the context of sales contracts made 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 "provider" -

and

the customer named in § 2 of the contract
- hereinafter referred to as "customer" -

getting closed.

§ 1 Scope, Definitions

(1) For the business relationship between the provider and the customer, the following general terms and conditions apply exclusively in the version valid at the time of the order. Deviating general terms and conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.

(2) The customer is a consumer insofar as the purpose of the goods and services ordered cannot be attributed predominantly to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is exercising their commercial or independent professional activity.

§ 2 conclusion of contract

(1) The customer can select products, in particular electrical devices, from the supplier's range and collect them in a so-called shopping cart using the “add to shopping cart” button. With the button “order with obligation to pay” he submits a binding application 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 application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the "Accept Terms and Conditions" button and has thereby included them in his application.

(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 only 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 submits a declaration of acceptance, which is sent in a separate email (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the contract text (consisting of order, terms and conditions and order confirmation) will be sent to the customer by the provider on a permanent data carrier (e-mail or paper printout) (contract confirmation ). The text of the contract is saved in compliance with data protection.

(3) The contract is concluded in German.

§ 3 delivery, availability of goods

(1) 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 purchase on account). If no or no different delivery time is specified for the respective goods in our online shop, it 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 shall notify the customer of this immediately in the order confirmation. If the product is permanently unavailable, the provider will refrain from making a declaration of acceptance. A contract is not concluded in this case.

(3) If the product specified by the customer in the order is only temporarily unavailable, the provider will also notify 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 who can provide a delivery address in the same country: Germany, Austria.

§ 4 retention of title

The delivered goods remain the property of the provider until full payment has been made.

§ 5 prices and shipping costs

(1) All prices stated on our website include the applicable statutory sales tax.

(2) The corresponding shipping costs are given to the customer in the order form and are to be borne by the customer, unless the customer makes use of his right of withdrawal. From an order value of 50 euros, the provider delivers free of charge to the customer.

(3) The goods are dispatched by post. The provider bears the shipping risk if the customer is a consumer.

(4) In the event of a cancellation, the customer has to bear the direct costs of the return.

§ 6 payment modalities

(1) The customer can make the payment by PayPal, credit card or by direct transfer.

(a) Payment by PayPal
When using the payment service provider PayPal, the time of payment corresponds to the time of the order. Payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. Payment via PayPal includes, among other things. requires that the customer already has a PayPal account or has opened 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 method
When paying by credit card, the time of payment corresponds to the time of the order. The 3D Secure security procedure is used.

Registration for the 3D Secure security procedure
To take part in this process, the customer must register directly with the bank that issued your credit card. For the registration, different personal data are requested depending on the credit institution, such as the address or the birthday. Some banks send a code beforehand, which they ask for when registering.

Authentication for online purchases
After the customer has entered his credit card number, a connection to the card issuer is established so that the customer can confirm his identity there with a code, so-called two-factor authentication. Authentication for online purchases can be done in different ways:
• Personal password
• SMS-TAN
• Smartphone app

The exact design of the authentication depends on the credit institution that issues the credit card. In the case of suspicious transactions, for example, further personal characteristics can be queried. This can be the current address or other personal data.

An automated authentication or risk check takes place. The effect can be that the authentication is not successful and the selected payment method cannot be used in the specific case. After correct authentication, the credit card payment will be processed. If the data entered is incorrect, the payment process will be canceled for the customer's own security.

(c) Payment by immediate transfer
When paying by Sofortüberweisung, the customer can initiate payment for the ordered goods via his online banking account while placing the order. After selecting the Sofortüberweisung payment method in the ordering process, the customer is directed to the secure payment form from SOFORT GmbH, Fußbergstraße 1, 82131 Gauting.

SOFORT GmbH automatically takes over the payment process without us having an opportunity to inspect it, which is comparable to an EC card payment with a PIN. As with an EC card payment, SOFORT GmbH checks the credit limit of the customer's account with an immediate transfer and, if the account has sufficient funds, makes a transfer to us. In addition, the SOFORT GmbH system checks in about 30 percent of the cases whether previous payments have been booked with Sofortüberweisung in order to rule out systematic fraud.

In order to carry out an immediate transfer, SOFORT GmbH needs the name, bank code, account number, PIN and a TAN of the online banking account. Only the name, bank code, account number, purpose, amount and date of the transfer are saved, not the credit limit or account balance of the account or past transactions.
If the transaction is successful, we only receive the automated confirmation in real time from SOFORT GmbH that the transfer has been carried out. More information on whether the customer's bank supports this service is available at the following link: https://www.klarna.com/sofort/

(2) The customer can change the payment method saved in his user account at any time.

(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the date. In this case he has to pay the provider default interest of 5 percentage points above the base rate for the year.

(4) The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the provider.

§ 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. For entrepreneurs, the warranty period for items delivered by the provider is 12 months.

(2) An additional guarantee exists for the goods delivered by the provider only if this was expressly given in the order confirmation for the respective article.

§ 8 liability

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damage based on an intentional or grossly negligent breach of duty by the provider, his 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 is only liable for the foreseeable damage typical of the contract, if this was caused simply by negligence, unless the customer is entitled to claims for damages resulting from injury to life, limb or health.

(3) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

(4) The limitations of liability resulting from Paragraphs 1 and 2 do not apply if the provider fraudulently concealed the defect or assumed a guarantee for the quality of the item. The same applies if the provider and the customer have made an agreement on the nature of the item. The provisions of the Product Liability Act remain unaffected.

§ 9 cancellation policy

(1) Consumers generally have a statutory right of withdrawal when concluding a distance selling transaction, which the provider informs about in accordance with the legal model below. The exceptions to the right of withdrawal are regulated in paragraph (2). A sample withdrawal form can be found in paragraph (3).

Right of withdrawal

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods.
In order to exercise your right of withdrawal, you must contact 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 declaration (e.g. a letter sent by post, fax or e-mail) 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 your notification of exercising your right of cancellation before the cancellation period has expired.

Consequences of withdrawal

If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the inexpensive standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation 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 sent the goods back, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.

(2) The right of withdrawal does not apply to contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.

(3) The provider informs about the model withdrawal form according to the legal regulation as follows:

Model withdrawal form

(If you want to cancel the contract, please fill out this form
and send it back.)

- To Schwaiger GmbH
Würzburger Strasse 17
90579 Langenzenn
Phone: +49 (0) 9101 702-0
Fax: +49 (0) 9101 9668
E-mail: info@schwaiger.de:

- I / we (*) hereby revoke the contract concluded by me / us (*)
about 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

§ 10 Online dispute resolution in accordance with Article 14, Paragraph 1 of the ODR-VO

The European Commission provides a platform for online dispute resolution, which you can find under http://ec.europa.eu/consumers/odr/ Find.

The responsible consumer arbitration board is the general consumer arbitration board of the Center for Arbitration. V.

Contact
Straßburger Str. 8, 77694 Kehl
Phone: +49 7851 7957 940
Fax: +49 7851 7957 941
Internet: www.verbrauch-schlichter.de
E-Mail: mail@verbübers-schlichter.de

This arbitration board is a "general consumer arbitration board" according to § 4 paragraph 2 sentence 2 VSBG.

§ 11 final provisions

(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN sales law. The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his 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) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions apply, if they exist. If this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole becomes ineffective.