Terms & conditions
General Terms and Conditions of Business
for the Online-Shop
of the Sawade GmbH
1. Validity
The following terms and conditions are exclusively decisive for all deliveries and services offered and processed via our online shop. For other services (especially to business customers) separate terms and conditions apply.
2. Conclusion of contract, minimum order value
The offers presented in our online shop are subject to change. They do not constitute a binding offer to conclude a purchase contract. There is no minimum order value for online orders. With your order you make a legally binding offer to purchase.
We will confirm receipt of your order by e-mail. Such an e-mail does not constitute a binding acceptance of the order. You may cancel any order free of charge until 8.00 a.m. on the morning of the following working day. This is without prejudice to your right of cancellation (see point 5 below).
A purchase contract is only concluded when we accept your order by sending an order confirmation (= dispatch confirmation) or by delivering the goods. If the ordered goods are partially not available, we can only accept the order with regard to the available goods. In the event of a partial acceptance, we will inform you whether the remaining order will still be processed or must unfortunately be rejected.
All agreements made between you and us in connection with the purchase contract are based on these General Terms and Conditions and our written order confirmation. We do not accept any deviating conditions of the customer. This also applies if we do not expressly object to their inclusion.
You can view your order history via your customer account. In addition, we will send you the data of your order as well as our General Terms and Conditions by e-mail with the order confirmation. You can easily print these out. Alternatively, you can download these GTC and save the last page of the order process in the online shop with the summarised order data using your browser.
3. Prices, shipping costs
All prices stated on the website are in euros and include the applicable sales tax.
For orders up to a value of goods of EUR 55.00 (incl. VAT), an additional flat-rate shipping fee of EUR 5.90 will be charged within Germany. Orders with a higher value of goods are shipped free of charge throughout Germany.
Shipments to Austria, Belgium, the Netherlands, Luxembourg, Denmark, Sweden, Estonia: for orders up to a value of goods of 150.00 EUR (incl. VAT), an additional flat-rate shipping fee of 15.90 EUR will be charged. Orders with a higher value of goods will be shipped free of charge.
Deliveries to other countries require prior agreement.
4. Payment, delivery
In principle, we offer the payment methods prepayment, credit card and Paypal. For each order, we reserve the right not to offer certain payment methods and to refer to other payment methods.
In the case of prepayment, we ask you to transfer the invoice amount to the following account, stating the order number in the purpose of use:
Berliner Sparkasse, IBAN: DE18 1005 0000 0190 3686 32, BIC: BELADEBEXXX
In the case of payment in advance, delivery will be made only after receipt of your payment.
The goods will be delivered to the delivery address provided by you. Insofar as this is reasonable for you, we are entitled to make partial deliveries. This will not result in any additional shipping costs for you.
5. Cancellation policy
Consumers have a fourteen-day right of withdrawal.
Right of withdrawal
You have the right to cancel 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 last item from the order.
In order to exercise your right of withdrawal, you must inform us (Sawade GmbH, Wittestraße 26e, 13509 Berlin, service@sawade.berlin, Phone: 030430060, Fax: 0304300657) 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 model withdrawal form linked here, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
A right of revocation does not exist in the cases mentioned in § 312 g BGB and therefore, among other things, also if you open or remove the seal (tamper-evident seal) of the goods.
Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. We shall bear the 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 the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
6. Warranty
In the event of defects in the delivered goods, you are entitled to the statutory warranty rights.
However, the special provisions of Clause 7 shall apply to any claims for damages against us.
7. Liability
Our liability for damages, irrespective of the legal grounds (in particular in the event of default, defects or other breaches of duty), shall be limited to the foreseeable damage typical for the contract.
The above limitation of liability shall not apply to our liability for intentional conduct or gross negligence, for guaranteed characteristics, for injury to life, limb or health or under the Product Liability Act.
8. Copyrights
The pictures, films and texts on our homepage and in our online shop are protected by copyright. Any use requires our express consent.
9. Data protection
Our separate data protection declaration applies.
10. Choice of law
All legal relations between you and us shall be governed exclusively by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The applicability of mandatory standards of the state in which you have your habitual residence at the time of conclusion of the contract remains unaffected by this choice of law, as does the applicability of mandatory international private law provisions.
11. Alternative dispute resolution pursuant to Art. 14 (1) ODR Regulation and §36 VDBG:
The European Commission provides a platform for online dispute resolution (ODR), which can be found at http://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform for the settlement of their disputes. We are generally willing to participate in an out-of-court conciliation procedure.
The competent arbitration bodies are:
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Außergerichtliche Streitbeilegungsstelle für Verbraucher und Unternehmer e. V. Gohliser Str. 6, 04105 Leipzig, Tel: +49 341 56116370, Fax: +49 341 56116371, www.streitbeilegungsstelle.org, kontakt@streitbeilegungsstelle.org
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Universalschlichtungsstelle des Bundes - Zentrum für Schlichtung e. V., Straßburger Str. 8, 77694 Kehl, Tel: +49 7851 7957940, Fax: +49 7851 7957941, www.universalschlichtungsstelle.de, mail@universalschlichtungsstelle.de
12. Final provisions
Should individual provisions of these terms and conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.