GENERAL TERMS AND CONDITIONS
1 SCOPE OF APPLICATION
These terms of sale govern the sale of products by saewelo.de to you.
We offer you a wide range of saewelo products.
Please read these conditions carefully before placing an order at saewelo.de. By placing an order with saewelo.co.uk, you agree to the application of these terms of sale to your order.
2 CONCLUSION OF CONTRACT
Your order represents an offer to saewelo.de to conclude a sales contract. When you place an order with saewelo.de, we will send you a message confirming that we have received your order and listing its details (order confirmation). This order confirmation does not represent an acceptance of your offer, but is only intended to inform you that we have received your order. A sales contract is only concluded when we send the ordered product to you and confirm the dispatch to you with a second e-mail or a message in your Message Center in your customer account (dispatch confirmation). If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, each Shipping Confirmation will constitute a separate contract of sale between us for the products listed in the respective Shipping Confirmation. Contract partner is saewelo UG (limited liability). Irrespective of your right of revocation according to section 3, you may cancel your order for a product at any time free of charge before the respective shipping confirmation has been sent.
This right of cancellation does not apply to certain product groups and services, including digital content or software that is not delivered on a physical medium (e.g. a CD or DVD), provided the download or use (whichever is earlier) has begun.
You agree to receive invoices electronically. Electronic invoices will be made available to you in PDF format in the My Account section of the website. We will inform you for each delivery in the Dispatch Confirmation if an electronic invoice is available. For more information about electronic invoices and for instructions on how to get a paper copy of the invoice, please visit our help pages.
Please note that we only sell all products in quantities that are customary in households. This refers both to the number of products ordered in one order and to the placing of multiple orders of the same product, where each order includes a household quantity.
3 RIGHT OF REVOCATION UP TO 14 DAYS, EXCLUSION OF THE RIGHT OF REVOCATION, OUR VOLUNTARY RETURN GUARANTEE AND STATUTORY WARRANTY
REVOCATION INSTRUCTION
Right of withdrawal
You have the right to cancel this contract within 14 days from the day on which you or a third party designated by you, who is not the carrier, have taken possession of the goods (or the last goods, part consignment or piece in the case of a contract for several goods of a uniform order or the delivery of a goods in several part consignments or pieces) or from the day of the conclusion of the contract, in the case of digital content not delivered on a physical data carrier (e.g. CDs or DVDs), without giving reasons.
In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract. Please address your revocation to us:
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saewelo UG (haftungsbeschränkt), Föhringer Allee 38, 85774, Unterföhring, Germany for products offered for sale and shipping by saewelo.de.
You can make your declaration according to the explanations and forms provided in our Online Return Center are available, fill in and submit electronically, you can contact. If you use our online returns centre, we will immediately (e.g. by e-mail) send you a confirmation of receipt of such a revocation.
In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period and that you have returned the goods via our online return centre within the period defined below.
For additional information regarding the scope, content and explanation of the exercise, please contact our customer service.
Consequences of revocation:
If you cancel this contract, we will refund all payments for the purchased goods we have received from you and we will reimburse you for the cost of the cheapest standard delivery we offer. This refund will be made immediately and at the latest, subject to the situations below, within fourteen days of the date on which we receive notification of your cancellation of this Agreement. For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. Under no circumstances will we charge you for the 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 the goods immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract via our Online Return Center back. The deadline is met if you send the goods before the end of the fourteen-day period. You have to bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 Euros or if, in the case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise the return shipment is free of charge for you. Goods that cannot be sent by parcel post will be collected from you.
You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for the purpose of checking their nature, properties and functioning.
Exceptions to the right of withdrawal
The right of withdrawal does not exist or expires for the following contracts
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for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery or which have been inseparably mixed with other goods after delivery due to their nature;
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for the delivery of goods, which are manufactured according to customer specifications or clearly tailored to personal needs
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for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded
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for services, if saewelo.de has fully provided these (e.g. the use of the music, app or book service) and you have taken note of and expressly agreed before ordering that we can start providing the service and you lose your right of withdrawal in case of full performance of the contract;
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for the supply of newspapers, periodicals or magazines, excluding subscription contracts for the supply of such publications; and
END OF THE REVOCATION INSTRUCTION
OUR VOLUNTARY RETURN GUARANTEE:
In addition to your legal rights, we offer you the following voluntary return guarantee:
Products from saewelo.de can be returned to saewelo.de within 30 days from receipt of the goods, provided that none of the exclusion reasons apply, the goods are complete and in the same condition as when received. Goods for which you do not have the right of withdrawal cannot be returned even under the return guarantee. You can find further details here. Please use our online return center for returns.
If you return goods in accordance with this voluntary return guarantee, we will refund the purchase price, but not the shipping costs of your original purchase. In addition, you will bear the risk of transportation and the cost of return. This return guarantee does not limit your legal rights and therefore does not limit your right of withdrawal as described above.
LEGAL WARRANTY LAW:
In addition to your 30-day return guarantee, purchasers in the European Union have warranty rights for a period of two years from the delivery of the goods and can demand the repair or replacement of the products purchased on saewelo.de, if they turn out to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable period of time or not without difficulty, you may request a refund or reduction of the purchase price.
In the case of used goods, the warranty period may be shorter than two years.
For additional information on terms and conditions, please refer to our return policy.
4 PRICES
All prices include the respective applicable value added tax.
Despite our best efforts, a small number of the products in our catalogue may be listed at the wrong price. We check the prices when we process your order and before we charge the payment. If a product is marked with the wrong price and the correct price is higher than the price on the website, we will contact you before shipping the product to ask you whether you want to buy the product at the correct price or cancel the order. If the correct price of a product is lower than the price we have indicated, we will charge the lower amount and ship the product to you.
5 PAYMENT, RETENTION OF TITLE, DIRECT DEBIT, PURCHASE ON ACCOUNT
The purchaser can pay the purchase price by invoice (under the conditions stated in this clause 5), credit card or direct debit.
Every delivered product remains the property of saewelo UG (limited liability) until full payment is received.
Payment by direct debit:
In case of a return debit note for which the customer is responsible, saewelo UG (limited liability). will charge a lump-sum compensation of EUR 3.00 ("return debit note fee"). The customer can prove that no damage at all has occurred or that the damage is considerably lower than the flat rate.
The above provisions shall apply mutatis mutandis to payments of the purchase price of goods sold by third parties (see sections 11 and 12 of the Terms of Use).
Purchase on account:
For new customers there is a maximum limit up to which purchase on account is possible. This limit applies to the entire customer account and also takes into account outstanding amounts from previous invoice orders.
Payment on account is only possible for consumers aged 18 and over. The delivery address, the home address and the billing address must be identical and located within Germany or Austria. Payment on account is not possible for services that are transmitted online (e.g. software for download) or for the purchase of vouchers. The invoice amount is due upon receipt of the invoice. saewelo UG (limited liability) reserves the right not to offer certain payment methods in individual cases.
If payment is made on account, a one-time fee of EUR 1.50 including the applicable value-added tax will be charged per delivery in addition to any shipping costs for the complete delivery. The customer will always be informed separately before conclusion of the contract whether this fee is due. This fee does not apply to customers who have their usual place of residence in Austria.
If the invoice amount is not paid on the due date due to reasons for which the customer is responsible, saewelo UG (limited liability). will charge a lump-sum compensation in the amount of EUR 3.00. The customer can prove that no damage has occurred at all or that the damage is considerably lower than the lump-sum.
6 DELIVERY
Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. On the website you will find information about the availability of products sold by saewelo.de (e.g. on the respective product detail page). We point out that all information regarding availability, shipping or delivery of a product are only approximate and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options of the respective product. If saewelo.de discovers during the processing of your order that products ordered by you are not available, you will be informed separately by e-mail or by message in your Message Center in your customer account. The legal claims of the customer remain unaffected.
If a delivery to the customer is not possible because the delivered goods do not fit through the customer's entrance door, front door or staircase or because the customer cannot be found at the delivery address indicated by him, although the delivery date was announced to the customer with a reasonable period of notice, the customer shall bear the costs for the unsuccessful delivery.
7 INCH
If you order products from saewelo.de for delivery outside the EU, you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional fees for customs clearance must be borne by you; we have no control over these fees. Customs regulations vary greatly from country to country, so you should contact your local customs office for more information. Please also note that when ordering from saewelo.de, you are considered the importer and must comply with all laws and regulations of the country where you receive the products. The protection of your data is important to us and we would like to point out to our international customers that cross-border deliveries are subject to opening and investigation by customs authorities.
8 WARRANTY ON PRODUCTS SOLD BY SAEWELO.DE AND LIMITATION OF LIABILITY
In addition to your 30-day return guarantee, purchasers in the European Union have warranty rights for a period of two years from the delivery of the goods and can demand the repair or replacement of the products purchased on saewelo.de, if they turn out to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable period of time or not without difficulty, you may request a refund or reduction of the purchase price.
If the supplementary performance has taken place by way of a replacement delivery, the purchaser is obliged to return the first delivered goods to saewelo.de within 30 days at the expense of saewleo.de. The return of the defective goods has to be carried out according to the legal regulations. Saewelo.de reserves the right to claim damages under the legally regulated conditions.
In the case of used goods, the warranty period may be shorter than two years.
For additional information on terms and conditions, please refer to our return policy.
Saewelo.de shall be liable without limitation as far as the cause of damage is based on an intentional or grossly negligent breach of duty by saewelo.de or a legal representative or vicarious agent of saewelo.de.
Furthermore, saewelo.de is liable for the slightly negligent violation of essential obligations. Essential are obligations, whose violation endangers the achievement of the contract purpose or whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance you regularly trust. In this case saewelo.de is only liable for the foreseeable, contract-typical damage. Saewelo.de is not liable for the slightly negligent violation of other obligations than those mentioned in the preceding sentences.
The above limitations of liability shall not apply in the event of injury to life, body or health, for a defect after the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
As far as the liability of saewelo.de, respectively saewelo UG (haftungsbeschränkt), is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
9 APPLICABLE LAW
German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws provisions. The non-exclusive jurisdiction of the courts of the district capital of Munich is agreed. This means that you may submit claims in connection with these Terms and Conditions of Sale arising from consumer protection standards either in Germany or in the EU member state in which you live. If you are a consumer with your habitual residence in the EU, you also enjoy protection under the mandatory provisions of the law of the country in which you live.
10 AMENDMENTS TO THE TERMS OF SALE
We reserve the right to make changes to our website, rules, terms and conditions including these terms of sale at any time. Your order will be subject to the terms and conditions of sale, contracts and general terms and conditions in force at the time of your order, unless any change to these terms and conditions is required by law or governmental order (in which case they will also apply to orders you have previously placed). If any provision in these Terms and Conditions of Sale is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
11 NO WAIVER
If you breach these Terms and Conditions of Sale and we do not take action against it, we will still be entitled to exercise our rights on any other occasion on which you breach these Terms and Conditions of Sale.
12 MINORS
We do not offer products for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may use saewelo.de only with the involvement of a parent or guardian.