General Terms and Conditions

These Terms and Conditions apply to

• the use of the Service and access to this Website, and
• any other related agreement or legal relationship with the Provider

in a legally binding manner. Defined terms are set out in the corresponding section of this document. Users are asked to read this document carefully.

 

This Website is operated by:

saewelo UG (haftungsbeschränkt)

c/o Office Hub.Sieben (3.OG A.075)

Tölzer Straße 30

81379 München, Deutschland

E-Mail-Adresse: postmaster [at] saewelo.eu

 

Key points at a glance

• Please note that individual provisions of these Terms may apply only to certain categories of Users, for example only to consumers or only to Users not acting as consumers. Any such limitation of scope is expressly indicated in each affected clause. Where no such indication is given, the clause applies to all Users.
• The right of withdrawal is available only to European consumers.

Terms of Use

Unless otherwise stated, the conditions set out in this section apply when accessing this Website.

Individual or additional conditions of use or access may apply in specific circumstances and, in such cases, are expressly indicated in this document.

By using the Service, Users confirm that they meet the following conditions: Users may be consumers or business customers.

Content available on this Website

Unless otherwise stated or clearly recognisable, all content available on this Website is owned by the Provider and is made available by the Provider or its licensors.

The Provider makes every effort to ensure that the content provided on this Website does not infringe applicable legal provisions or third-party rights. However, it is not always possible to achieve this result.

In such cases, Users are asked to address their complaints preferably to the contact details provided in this document. The right to enforce any claims (in or out of court) remains unaffected.

Rights over content available on this Website

All rights to the content are reserved by the Provider.

Users may use the content only insofar as necessary for the proper use of the Service or as provided for, including implicitly.

In particular, Users are not permitted to reproduce, download, distribute beyond the limits defined below, edit, translate, alter, reshape, publish, transfer to or onto third parties, sell or license the content, nor to enable third parties to carry out the aforementioned actions via the User's device, even without the User's knowledge.

Where expressly indicated on this Website, the User may download, reproduce and/or distribute selected content available on this Website exclusively for personal and non-commercial purposes, provided that copyright notices and any other notices required by the Provider are correctly applied.

Statutory limitations or exceptions remain unaffected.

Access to external resources

Through this Website, Users may access external resources provided by third parties. Users acknowledge and accept that the Provider has no control over such resources and is therefore not responsible for their content and availability.

The conditions under which such third-party resources are made available, and under which usage rights to such content may be granted, are governed by the contractual provisions of each third party or, failing that, by applicable statutory provisions.

Permitted use

This Website and the Service may be used only for their intended purpose and in accordance with these Terms and applicable statutory provisions.

Users are themselves responsible for ensuring that their access to this Website and/or their use of the Service does not violate any legal provisions, regulations or third-party rights.

The Provider therefore reserves the right to take all appropriate measures to protect its legitimate interests, such as denying Users access to this Website or the Service, terminating contracts, and reporting objectionable conduct occurring via this Website or the Service to the competent authorities (such as judicial or administrative authorities) whenever Users demonstrably or presumably:

• violate legal provisions, regulations or these Terms; or
• infringe third-party rights; or
• significantly impair the legitimate interests of the Provider; or
• offend the Provider or a third party.

Terms of Sale

Paid products

Some of the products available through this Website within the Service are subject to charge.

Prices, terms and further conditions applicable to the purchase of such products are described below. In all other respects, reference is made to this Website and to the sections provided for that purpose.

Product description

Prices, descriptions and availability of products are shown in the relevant sections of this Website and may be changed without notice.

Although products are presented on this Website with the greatest possible technical care, representations of any kind (including graphic representations, images, colours, sounds) serve only as reference and do not constitute any warranty regarding the characteristics of the product purchased.

The features of the selected product are explained during the purchase process.

Purchase process

All steps from selecting a product to placing the order form part of the purchase process. The purchase process comprises the following steps:

• The User selects the desired product from the range and reviews their own product selection.
• After checking the details of the product selection, the User may place the order by submitting it to the Provider.

Placing the order

When the User places an order, the following applies:

• The contract is concluded upon placement of the order. Placing the order therefore establishes the User's obligation to pay the price, taxes and any further fees and expenses in accordance with the information on the order page.
• If the purchased product requires the active input of information, such as personal information or data, specifications or special requests, placing the order establishes an obligation on the User to cooperate accordingly.
• After placing the order, Users receive an acknowledgement of receipt.

All notifications relating to the purchase process described are sent to the email address provided by the User for this purpose.

Prices

Users are informed of all fees, taxes and costs (including any shipping costs) to be borne by them during the purchase process and before placing the order.

Prices are displayed on this Website either exclusive or inclusive of all applicable fees, taxes and costs, depending on the section in which the User is located.

Payment methods

Information on the accepted payment methods is provided during the purchase process.

Some payment methods may be available only subject to additional conditions or fees. In such cases, the relevant information can be found in the corresponding section of the Service (this Website).

All payments are processed via third-party providers. This Website therefore does not collect any payment information — such as credit card data — but merely receives a notification once payment has been successfully completed.

If payment via the available methods fails or is declined by the payment service provider, the Provider is not obliged to fulfil the order. Any costs or fees resulting from the failed or declined payment shall be borne by the User.

Retention of title

The ordered products become the property of the User only upon receipt of the full purchase price by the Provider.

Delivery

Deliveries are made to the address specified by the User and in the manner set out in the order overview.

Upon delivery, the User must check the contents of the delivery and report any discrepancies without delay, using the contact details provided in this document or as described in the delivery note. Users may refuse acceptance of the parcel in the event of visible damage.

This Website describes, in the relevant section, the countries or territories to which the goods are delivered. This Website also describes the corresponding delivery times, or alternatively these may be determined during the purchase process.

Unsuccessful delivery

The Provider is not liable for delivery errors due to inaccuracies or incompleteness in the User's execution of the order, nor for damage or delays after handover to the carrier where the carrier was commissioned by the User.

If the goods are not accepted at the specified time or collected within the specified period, the goods will be returned to the Provider. In that case, the Provider will contact the User to arrange a second delivery attempt or to discuss further steps. Unless otherwise agreed, the User bears the costs of any further delivery attempt from the second attempt onwards.

User rights

Right of withdrawal

Unless exceptions apply, the User may withdraw from the contract within the period stated below (generally 14 days) without giving reasons. This section provides Users with more information about the withdrawal conditions.

To whom the right of withdrawal applies

Under EU law, European consumers have a statutory right of withdrawal for contracts concluded online (distance contracts). They may withdraw from the contract within the applicable period for any reason and without justification. This right of withdrawal applies unless exceptions are listed below. For Users not acting as European consumers, the rights set out in this section do not apply.

Exercising the right of withdrawal

To exercise the right of withdrawal, the User must submit an unequivocal statement to the Provider expressing their decision to withdraw.

For this purpose, Users may use the model withdrawal form found in the "Definitions" section of this document. However, Users are free to express their decision to withdraw by any other suitable unequivocal statement. To meet the withdrawal deadline, the User must send the withdrawal statement before the withdrawal period expires.

When the withdrawal period ends

• For the purchase of goods, the withdrawal period ends 14 days after the day on which the User, or a third party named by the User who is not the carrier, takes possession of the goods.
• For the purchase of multiple goods in one order that are then delivered separately, the withdrawal period ends 14 days after the day on which the User, or a third party named by the User who is not the carrier, takes possession of the last delivered item, the last batch, or the last part.

Effects of withdrawal

Users who properly withdraw from a contract will be refunded all payments made to the Provider, including delivery costs where applicable. However, the Provider is not obliged to reimburse additional costs where the User has chosen a type of delivery other than the cheapest standard delivery offered by the Provider.

The refund is made without delay and no later than 14 days after the day on which the Provider is informed of the User's decision to withdraw from the contract. The Provider makes the refund using the same means of payment used by the User in the original transaction, unless expressly agreed otherwise with the User. In no case will the User incur any costs or fees as a result of the refund.

...for the purchase of goods

The User must return or hand over the goods to the Provider, or to a person authorised by the Provider to receive the goods, without delay and in any case no later than 14 days from the day on which they notified the Provider of their decision to withdraw, unless the Provider has offered to collect the goods itself.

The deadline is met if the User hands the goods to the carrier before the 14-day period expires or otherwise returns the goods as stated above. The Provider may refuse the refund until it has received the goods back, or until the User has provided proof of returning the goods, whichever is earlier.

The User is liable for any diminished value of the goods only where such diminished value results from handling of the goods that was not necessary to examine their nature, characteristics and functioning. The User bears the cost of returning the goods.

Statutory warranty rights

Under EU law, traders are liable for the conformity of the goods they sell for a period of at least two years from delivery. Traders must therefore ensure that the purchased goods possess the promised or reasonably expected quality, functioning or characteristics for at least two years after delivery to the buyer.

For Users acting as European consumers, the statutory warranty right applies to goods available on this Website in accordance with the laws of the country of their habitual residence. The national laws of these countries may grant Users more extensive rights. For Users not acting as European consumers, the warranty rights of the country in which they have their habitual residence apply.

Liability

The Provider is liable to the User for damages in accordance with statutory provisions and subject to the following rules.

The Provider is liable without limitation where the cause of damage is based on intent or gross negligence of the Provider, its legal representatives or vicarious agents.

The Provider is further liable without limitation for negligently or intentionally caused injury to life, body or health, for damage within the scope of a warranty assumed by the Provider, and in all cases of mandatory statutory liability, in particular under the Product Liability Act.

In the case of slightly negligent breach of a duty essential to achieving the purpose of the contract (cardinal duty) on whose fulfilment the User may regularly rely, the Provider's liability is limited in amount to the damage that is foreseeable and typical for the type of transaction in question.

Otherwise, the Provider's liability is excluded. The above liability provisions also apply in favour of the Provider's legal representatives and vicarious agents.

Common provisions

No waiver

The Provider's failure to assert a right under these Terms or to enforce a provision of these Terms does not constitute a waiver of such right or provision. No waiver shall be deemed a further or continuing waiver.

Service interruption

To ensure the best possible service, the Provider reserves the right to interrupt the Service for maintenance, system updates or other changes. It will inform Users appropriately.

Within the framework of statutory provisions, the Provider may also decide to suspend or terminate the Service entirely. In the event of termination of the Service, the Provider will work with Users to enable them to delete personal data or information in accordance with applicable law.

In addition, the Service may be unavailable for reasons beyond the Provider's control, such as "force majeure" (e.g. industrial action, infrastructure failures or power outages, etc.).

Resale

Users may not reproduce, duplicate, copy, sell, resell or exploit this Website and the Service in any way without the Provider's express prior written permission, granted either directly or through a legitimate reseller programme.

Privacy policy

To learn more about the use of their personal data, Users may consult the privacy policy of the Service (this Website).

Intellectual property rights

Without prejudice to more specific provisions of these Terms, all intellectual property rights, such as copyrights, trademark rights, patent rights and design rights relating to the Service (this Website) are the exclusive property of the Provider or its licensors and are protected by applicable law or international treaties relating to intellectual property.

All brand, name or figurative marks — and all other trademarks, trade names, service marks, word marks, illustrations, images or logos — appearing in connection with the Service (this Website) are and remain the exclusive property of the Provider or its licensors and are protected by applicable law or international treaties relating to intellectual property.

Changes to these Terms

The Provider reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Provider will inform the User appropriately of these changes. Such changes affect the relationship with the User only for the future.

By continuing to use the Service, the User accepts the amended Terms. If Users do not wish to be bound by the changes, they must stop using the Service. If the revised terms are not accepted, either party may terminate the contract.

The respective valid previous version of the Terms applies to the relationship prior to the User's acceptance of the changes. The User may obtain any earlier version of the Terms from the Provider. Where required by applicable law, the Provider will specify the date from which the amended Terms apply.

Assignment of rights and obligations

The Provider reserves the right, taking into account the User's legitimate interests, to transfer, assign, replace by novation or pass on all rights and obligations under these Terms. The provisions on changes to the Terms apply accordingly. Users may not assign or transfer their rights or obligations under the Terms in any way without the Provider's written permission.

Contact

All communications relating to the use of the Service (this Website) must be sent to the contact details provided in this document.

Severability

Should a provision of these Terms be or become invalid or unenforceable under applicable law, this does not affect the validity of the remaining provisions, which remain in full force and effect.

• US Users: Any such invalid or unenforceable provisions shall be interpreted and amended to the extent necessary to make them effective, enforceable and consistent with the original purpose. These Terms constitute the entire agreement between Users and the Provider on the subject matter and take precedence over all other communications between the parties on the same subject matter, including any earlier agreements. These Terms are enforced to the fullest extent permitted by law.
• EU Users: Should a provision of these Terms be or be deemed invalid, or be or be deemed void, the parties will do their best to reach an amicable agreement on valid and enforceable provisions to replace the invalid, void or unenforceable parts. Otherwise, the invalid, void or unenforceable provisions shall be replaced by the applicable statutory provisions, where permitted or provided for under applicable law. Notwithstanding the foregoing, the nullity, invalidity or unenforceability of individual provisions of these Terms does not lead to the nullity of the entire agreement, unless the provisions concerned are essential to the contract or of such importance that the parties would not have concluded the contract had they known of the invalidity of the provision. If the remaining terms would result in unreasonable hardship for one of the parties, the nullity of the individual provision results in the nullity of the entire agreement.

Applicable law

These Terms are governed by the law of the place where the Provider has its registered seat, with the exception of conflict-of-law rules. Users can find the details of the registered seat in the corresponding section of this document.

Exception for European consumers: Notwithstanding the above, for Users acting as European consumers who have their habitual residence in a country whose law provides for a higher standard of consumer protection, that higher standard applies.

Place of jurisdiction

The courts of the place where the Provider has its registered seat — as set out in the details in this document — have exclusive jurisdiction over all disputes arising out of or in connection with these Terms.

Exception for European consumers: This applies neither to Users acting as European consumers nor to Users acting as consumers who have their (place of) residence in Switzerland, Norway or Iceland.

Dispute resolution

Amicable dispute resolution: Users may contact the Provider with any dispute, which the Provider will attempt to resolve amicably. The User's right to take legal action always remains unaffected. In the event of disputes regarding the use of the Service (this Website), the User is nevertheless asked to contact the Provider using the contact details provided in this document. The User may address the complaint, including a brief description and, where applicable, the details of the associated order, purchase or account, to the Provider's email address provided in this document. The Provider will process the request promptly within 21 days of receipt.

Consumer dispute resolution: The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Definitions and legal notices

This Website (or this Application): The application through which the provision of the Service is made possible.

Agreement: Any legally binding or contractual relationship between Provider and User governed by these Terms.

Business User: Any User not acting as a consumer.

European (or Europe): Refers to any User located within the EU or whose place of business is located within the EU, regardless of nationality.

Model withdrawal form:

To: saewelo UG (haftungsbeschränkt), c/o Office Hub.Sieben (3.OG A.075), Tölzer Straße 30, 81379 München, Deutschland, E-Mail-Adresse: postmaster [at] saewelo.eu

I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods / for the provision of the following service: ___ (description of the goods/services subject to withdrawal) Ordered on: ___ (insert date) Received on: ___ (insert date) Name of consumer(s): ___ Address of consumer(s): ___ Date: ___ (signature if this form is submitted on paper)

Provider (or We): The natural or legal person(s) making this Website and/or the Service available to Users.

Product: A good or service offered for sale via this Website, such as physical goods, digital files, software, booking services, etc. The offering of products may form part of the Service defined above.

Service: The service provided through this Website, as described in these Terms and on the Service (this Website).

Terms (T&C): All conditions applicable to the use of the Service, as described in this document, and/or to this Website, including any related documents or agreements, in their respective current version.

User (or You): Any natural or legal person using this Website.

Consumer: Any User using goods or services for purposes outside their trade, business, craft or profession.

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Working English translation for customer transparency. The German-language version is the legally governing version. Not legal advice.