General Terms and Conditions (GTC)

Table of contents

1. Applicability

1.1 These General Terms and Conditions (hereinafter "GTC") of Swicro GmbH ( hereafter "Seller") apply to all contracts for the delivery of goods that a consumer or business person (hereafter "Customer") concludes with the Seller with regard to the goods displayed by the Seller in his online shop. Terms which deviate from these conditions require a written agreement or written confirmation by the seller. Any regulations deviating from these terms and conditions are hereby expressly rejected.

1.2 A consumer in the context of these GTC is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. A business person in the context of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

2. Contractual conclusion

2.1 The product descriptions provided in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit his offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button completing the ordering process. The customer may also submit the offer to the seller by telephone, e-mail, post or online contact form.

2.3 The seller can accept the customer's offer within five days,

The period for accepting the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the period stated above, this shall be deemed as a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.

2.4 Before submitting a binding order, the customer can identify possible input errors by carefully reading the information displayed on the screen. The customer can correct his entries until he clicks the button completing the order process.

2.5 The order processing and customer contact normally take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

3. Right of revocation

3.1 We would like to point out that for products with a user-defined size, configuration, refinement or detail design by the customer ("individual product") a right of revocation is excluded, as the works created are individually produced according to your specifications and tailored to your personal needs. For individual products, the right to cancel the order (in Germany according to § 312 d Abs. 4 Nr. 1 BGB (right of cancellation and return for distance selling contracts)) is excluded.

3.2 For products without an individual design (see point 3.1), consumers have a right of revocation.

3.3 The right of revocation does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.

4. Prices

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices including statutory VAT. Any additional delivery and shipping costs are clearly indicated separately on the website.

4.2 For deliveries to countries outside the European Union, additional costs may incur in some cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.

5. Payment methods and conditions

5.1 The payment possibilities are indicated to the customer in the online Shop of the seller.

5.2 Prepayment: If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed a later due date.

5.3 Bill purchase: If the payment method Bill purchase is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price shall be paid without deduction within 7 (seven) days of receipt of the invoice, unless otherwise agreed. The seller reserves the right not to offer the payment method bill purchase for all offers and presupposes, among other things, a successful credit assessment by a credit agency of our choice.

5.4 Purchase by credit card: Credit card payments are processed via the third-party provider Stripe. Payments will then be processed in accordance with Stripe's terms and conditions.

5.5 Purchase by PayPal: In case of a PayPal payment, you will be automatically forwarded to the PayPal payment service after completing the checkout process. Payment is then processed according to the PayPal terms and conditions.

6. Delivery and shipping conditions

6.1 Unless otherwise agreed, goods shall be shipped to the delivery address specified by the customer. The delivery address stated in the Seller's order processing is applicable for the processing of the order.

6.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. In the event of effective exercise of the right of revocation by the customer, the provision in the seller's revocation policy shall apply to the return costs.

6.3 As a rule, the order is processed and dispatched within 1 working day. The delivery time by the shipping company can take 3-5 working days.

6.4 A claim by the customer for damages due to delay in delivery is excluded insofar as the delay was caused by the seller neither intentionally nor through gross negligence.

6.5 The seller is entitled to make partial deliveries.

7. Reservation of ownership

If the seller enters into advance service, he retains ownership of the delivered goods until full payment of the purchase price owed.

8. Liability for defects (warranty)

8.1 If the customer is a merchant, the delivered goods must be inspected immediately after delivery within the ordinary course of business and the seller must be notified immediately in writing if necessary.

8.2 In all other cases, a notification of defects that become apparent shall only be admissible within one week. The time of delivery and the date of receipt of the letter of complaint shall be decisive for the calculation of the period.

8.3 In the event of complaints, all documents relating to the order must be made available to the seller. Otherwise an immediate examination and processing of the complaint is not guaranteed.

8.4 Defects in some of the delivered goods do not entitle the customer to reject the entire delivery unless a partial delivery is of no justified interest to the customer.

8.5 The customer is asked to lodge a complaint with the deliverer about delivered goods with obvious transport damage and to inform the seller accordingly. If the customer does not comply, this has no effect on his legal or contractual warranty claims.

9. Special conditions for the processing of goods according to specifications of the customer

9.1 If, according to the contents of the contract, the seller also owes the processing of the goods according to certain specifications of the customer in addition to the delivery of the goods, the customer must provide the operator with all contents required for processing such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the seller and grant him the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to these contents. The customer declares and bears responsibility for the fact that he has the right to use the content provided to the seller. In particular, he shall ensure that no third-party rights are infringed thereby, in particular copyrights, trademark rights and personal rights.

9.2 The Customer shall exempt the Seller from claims by third parties which they may assert against the Seller in connection with an infringement of their rights through the contractual use of the Customer's contents by the Seller. The customer shall also bear the reasonable costs of the necessary legal defence, including all court and attorney fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. The customer is obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defense in case of a claim by third parties.

9.3 The seller retains the right to refuse processing orders if the content provided by the customer violates legal or official prohibitions or morality. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth endangering and/or violence glorifying content.

10. Applicable law

10.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

10.2 This choice of law also does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

11. Place of Jurisdiction

If the customer acts as a businessman, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's registered office. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of jurisdiction shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the Seller is entitled in any case to appeal to the court at the Customer's place of business.

12. Alternative dispute resolution

12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.

12.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer mediation body.