Please note: This translation is provided for the convenience of our non-German-speaking customers. Regardless of this, only the original German-language version is legally binding.
Terms and Conditions, Consumer information (Attachment 1) and Cancellation policy (Attachment 2)
- 1 Validity of terms and storage possibility.
- 2 Contract formation.
- 3 Data privacy.
- 4 Prices, Price change policy.
- 6 warranty (German law)
- 7 Limitation of liability.
- 8 Cancellation right.
- 9 Retention of title.
- 10 final clauses.
Right of cancellation admonition and sample cancellation form...
Terms and Conditions
- 1 Validity of terms and storage possibility
(1) These terms and conditions are exclusively valid for business relationships between us, the SWEDISH FALL GmbH,
Schulstr. 12, 25335 Elmshorn
Tel.: +49 (0) 176 3267 3564
Fax: +49 (0) 176 3267 3564
Elmshorn, district court: Hamburg, HRB 12660 PI
managing directors: Stefan Albers, Jonas Detlefsen, Marius Krüger, Philipp Müller, Lara Stallbaum, Silja Stallbaum
(In the following referred to as Seller) and you in the version that was valid at the time of order.
(2) You can print this document through your browser’s integrated „print“ application or through the “save” application save this document on your computer.
(1) The presentation of the goods does not represent a binding offer.
(2) The „buy now“ button finishes the order process successfully. If you press the “buy now” button you are legally binding offering to buy the items that are currently in your virtual shopping cart.
(3) After the declaration of a binding offer you will receive a notice of arrival via mail. This notice of arrival does not represent an acceptance of your offer.
(4) The placement of an offer binds you for 2 business days. The offer will be accepted either through an acceptance mail or through delivery of the ordered goods. If within 2 business days neither of the acceptance forms happens so is the offer dismissed.
- a) If the chosen payment method is either „Pay Pal“ or „Sofortüberweisung“ the contract becomes binding if the payment at „Pay Pal“ or „Sofortüberweisung“ is finished and the payment is processing in „Pay Pal“ or „Sofortüberweisung“ as well as it has not taken more than 2 business days.
(1) All the sensitive information that you provide us with (name, address, Date of Birth, email address, phone number, Bank details, credit card number) are only used, saved and asked for in regards to the German laws and regulations.
(2) Personnel sensitive data which is necessary to accept and process our business relationship will only be used to complete our contract. Further usage of this data for advertisement or market research needs your explicit agreement.
(3) Your personnel data which is necessary for the acceptance and fulfilment of our offers are primarily used to complete our contract. This data include for example characteristics to your user identification and information about your visit on our website. We can use this data for advertisement and market research purposes.
(4) If you wish further information, access to your saved data or its deletion please contact our support: firstname.lastname@example.org.
(1) Our prices include the value added tax (VAT) and other price components.
(2) Without further notice these prices do not include freight costs. The freight costs will be added to the product price. Freight costs are shown in the product description and will be shown separately on your invoice.
- 5 Lead times
Lead times are stated for each specific product.
If the delivered goods show a defect, the warranty is maintained through the legal regulations. Warranty claims for new goods prescribe two years after the delivery of the goods.
(1) Indemnity claims are precluded if not otherwise stated in these terms and conditions. This disclaimer of liability includes any claims against our agents and legal representatives in the case the buyer claims against them.
(2) Not included in §7 (1) are indemnity claims resulting in an injury of life, the body, the health and indemnity claims resulting from a substantive breach of contract. If the indemnity claim results from a substantive breach of contract we are only liable for predictable damages or damages typical for the contract. A substantive breach of contract is one that makes the feasance of the contract impossible. Furthermore we are liable for damages resulting from deliberate or grossly negligent violations of duty from the seller or his agents.
If you are a consumer and the contract for the delivery of goods or performance of services is made exclusively using means of distance communication you have the right to cancel if the laws and regulations do not state otherwise. Further information on your legal rights are provided on our website www.swedishfall.com and in the attachment of these terms and conditions. Consumer in these terms and conditions is any natural person that concludes a legal transaction mainly for private purposes.
Both parties agree that the ownership of the purchased goods only change to the buyer when he has paid the complete purchase price. Until then the seller only grants possession to the buyer.
(1) The German laws and regulations are used for any legal relationships excluding the UN-sale of goods law. Mandatory regulations of the country where you have your habitual residence remain unaffected.
(2) If the customer is a merchant or a legal entity the place of fulfillment and the exclusive place of jurisdiction for legal disputes emerging from this contractual relationship is Hamburg.
If you order goods using our website we would like to indicate the following:
(1) You can find our Seller details at our impressum using the following link: www. http://www.swedishfall.com/impressum
(2) Our online shop is available in the German and English language.
(3) The text of the contract will be saved and send to you using you e-mail address. WE recommend you to save this contract as it might not be possible to send it to you later for organizational reasons.
(4) The substantive characteristics of our products and the duration of special offers are listed in the particular product description on our website.
(5) The presentation of the goods does not represent a legally binding offer. Firstly your order represents a legally binding offer (§ 145 BGB) which binds you for two working days. If we accept your offer we will send you an acceptance e-mail. Furthermore we can accept your offer by starting to ship your order within the two working days. If within the two days no form acceptance is reached the offer is declined. Through our acceptance a contract closing is reached. Apart from that we indicate to the prerequisites of a contract closing stated in § 2 of our terms and conditions.
(6) Any typing errors during the placement of your order can be detected at the checkout. The correction of typing errors can be made at any time using the deletion function as well as the change function before placing the order.
(7) The prices given on our website are final prices and include taxes. Deliveries outside the EU may be subject to custom duties, taxes or extra fees. These extra costs have to be paid by the customer directly to the responsible custom department or tax department.
(8) The purchasing price is due immediately with the order placement. The payment methods include credit card (your data will be encrypted using „SSL“), pay pal or „Sofortüberweisung“.
- a) For payments using credit card you have to enter your credit card number, your security number, the termination date of your card and the name of the owner of the credit card. After the acceptance of the credit card the payable amount is transferred and the delivery of your goods is initiated.
- b) For payments using online provider PayPal you will be redirected to PayPal. You have to either be registered or you have to register at PayPal in order to use this provider. Further information is available during the purchasing process and on the website: paypal.com.
- c) For payments using the online provider „Sofortüberweisung“ you will be redirected to a secure form. You will need an IBAN number, pin number and tan number. The purchasing price will be directly transmitted to our bank account. Further information is available during the purchasing process and on the website: www.sofort.com.
(10) The legal warranty is in order. We indicate to § 6 of our terms and conditions.
(11) The specific lead times are given at the particular product.
(12) We ship worldwide except for Eritrea, Iran, Libya, North Korea, Somalia and Syria.
(13) You have the right to cancel. Further information is provided in our right of cancellation admonition in attachment 2
(14) Furthermore we indicate to our terms and conditions.
Right of cancellation admonition
Right of cancellation
You have the right to cancel this contract within 14 days without providing any reasons. The deadline begins with the day where the goods are received by you or your agent.
To practice your cancellation right you must give a clear declaration of will (e.g. a letter, telefax or e-mail) towards us the SWEDISH FALL GmbH uns (SWEDISH FALL GmbH, Schulstr. 12, 25335 Elmshorn
Phone.: +49 (0) 176 3267 3564, email@example.com) in which you declare your will to cancel our contract. For this purpose you can but do not have to use the sample cancellation form.
To meet the deadline it is enough to send the message stating the practice of your cancellation right before the end of the deadline.
Results of the cancellation
If you cancel this contract we have to repay you every payment that you have made towards us including the shipping costs (excepted are higher shipping costs that resulted from you choosing another shipping method then our cheap standard shipment offer). The repayment will be made within 14 days after the day that your message about the cancellation has reached us. We will repay you using the same payment method that you choose. We have the right to deny the repayment until we have not received the goods back or until you sent verification that you have sent the goods.
After you notify us about your cancellation you have to return the goods without delay at the latest 14 days after your cancellation notice to our logistics partner:
Sample cancellation form
(If you wish to cancel this contract please fill out and send back this form.)
(*) cross out incorrect statements.