Terms of service
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 listed in the relevant section of this document.
Users are requested to read this document carefully.
This website is offered by:
saewelo UG (limited liability)
c/o HQ (3rd floor)
Feringastr. 6
85774 Unterföhring, Germany
Email address: postmaster [at] saewelo.eu
The most important things at a glance
It should be noted that individual provisions of these Terms and Conditions may only be relevant for certain categories of users, for example only for consumers or only for users who do not act as consumers. Such restrictions on the scope of application are expressly indicated in each affected clause. If such a reference is missing, the clause applies to all users.
The right of withdrawal is only available to European consumers.
Terms of Use
Unless otherwise stated, the terms and conditions set out in this section apply when accessing this website.
Individual or additional terms of use or access may be applicable in certain circumstances and in such cases will be expressly stated in this document.
By using the service, users confirm that they meet the following conditions: Users may be consumers or business customers.
Content available through this website
Unless otherwise stated or clearly recognizable, all content available through this website is the property of the provider and is provided by the provider or its licensors.
The provider makes every effort to exclude the possibility that the content provided through this website violates applicable laws or the rights of third parties. However, it is not always possible to achieve this result.
In such cases, users are requested to direct their complaint preferably to the contact details provided in this document. The right to enforce any claims (extra)judicially remains unaffected.
Rights to the content available through this website
All rights to the content are reserved to the provider.
Users may only use the content to the extent necessary or - even implicitly - intended for the proper use of the service.
Users are not permitted to reproduce, download, distribute beyond the limits defined below, edit, translate, modify, transform, publish, transfer, sell or license the content, or enable third parties to carry out the aforementioned actions via their own device - even without the user's knowledge.
Unless expressly stated on this website, the user may download, reproduce and/or distribute selected content available through this website for exclusively personal and non-commercial purposes, provided that the copyright notices and any other notices required by the provider are correctly included.
Legal restrictions or exceptions remain unaffected.
Access to external resources
Users may be able to access external resources provided by third parties via this website. 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 resources provided by third parties are available and under which rights of use for such content may be granted arise from the contractual provisions of each third party or, alternatively, from the applicable legal provisions.
Permitted use
This website and the service may only be used as intended and in accordance with these terms and conditions and in accordance with the applicable legal provisions.
Users are responsible for ensuring that their access to this website and/or their use of the service does not violate any legal provisions, regulations or rights of third parties.
The provider therefore reserves the right to take all appropriate measures to protect its legitimate interests, such as: B. Deny users access to this website or the service, terminate contracts, report objectionable actions taking place via this website or the service to the competent authorities - such as judicial or administrative authorities - if users demonstrably or presumably:
violate legal provisions, regulations or these terms and conditions; or
violate the rights of third parties; 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 as part of the service are subject to a fee.
Prices, terms and conditions applicable to the purchase of such products are described below. For the rest, reference is made to this website and the relevant sections.
Product description
Prices, descriptions and availability of products can be viewed in the relevant areas 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, colors, sounds) are for reference only and do not constitute a guarantee of the properties of the product purchased.
The characteristics of the selected product are explained during the purchase process.
Purchase process
All steps from selecting a product to placing the order are part of the purchase process.
The purchase process includes the following steps:
The user selects the desired product from the range and checks their own product selection.
After checking the details of the product selection, the user can place the order by sending it to the provider.
Placing the order
When the user places an order, the following applies:
The contract is concluded when the order is placed. Placing the order therefore creates an obligation for the user to pay the price, taxes and any other fees and expenses as indicated on the order page.
If the product purchased requires the active input of information, such as personal information or data, specifications or special requests, placing the order creates an obligation for the user to cooperate accordingly.
After placing the order, users will receive a confirmation of receipt.
All notifications related to the purchase process described will be sent to the email address provided by the user for this purpose.
Prices
Users will be 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.
The prices are displayed on this website as follows: either exclusive of or inclusive of all applicable fees, taxes and costs, depending on which section the user is currently in.
Payment methods
Information on the accepted payment methods is provided during the purchase process.
Some payment methods may only be available against additional conditions or fees. In these cases, the relevant information can be found in the relevant section of the Service (this Website).
All payments are processed through third parties. Therefore, this Website does not collect payment information - such as credit card details - but only receives a notification when the payment has been successfully completed.
If payment via the available methods fails or is rejected by the payment service provider, the Provider is not obliged to fulfill the order. Any costs or fees resulting from the failed or refused payment are to be borne by the User.
Retention of title
The ordered products only become the property of the User when the Provider has received payment of the entire purchase price.
Delivery
Deliveries are made to the address provided by the User and in the manner listed in the order overview.
Upon delivery, the User must check the contents of the delivery and report any discrepancies immediately using the contact details provided in this document or as described in the delivery note. Users may refuse to accept the package if there is visible damage.
This website describes the countries or territories to which the goods will be delivered in the relevant section.
This website also describes the relevant delivery times, or alternatively these can be specified during the purchase process.
Unsuccessful delivery
The Provider is not liable for delivery errors due to inaccuracies or incompleteness when executing the order by the User, nor for damage or delays after delivery to the carrier if this has been commissioned by the User.
If the goods are not received at the specified time or collected within the specified period, the goods will be returned to the Provider. In this case, the Provider will contact the User to arrange a second delivery attempt or to discuss the further procedure.
Unless otherwise agreed, from the second delivery attempt onwards the User will be responsible for the costs of for each subsequent delivery attempt.
User rights
Right of withdrawal
Unless there are exceptions, the User may withdraw from the contract within the period specified below (usually 14 days) without giving any reason. In this section Users can learn more about the withdrawal conditions
Who the right of withdrawal applies to
Under EU law, European consumers have a legal right of withdrawal for contracts concluded online (distance contracts). They can withdraw from the contract within the period applicable to their case for any reason and without justification. This right of withdrawal applies unless exceptions are specified below.
For Users who are not acting as European consumers, the rights set out in this section do not apply.
Exercise of the right of withdrawal
To exercise his right of withdrawal, the User must provide the Provider with an unambiguous statement indicating his decision to withdraw.
For this purpose, Users can use the model withdrawal form that they can find in the "Definitions" section of this document. However, users are free to express their decision to withdraw by means of an unambiguous statement in another appropriate way. In order to meet the deadline for exercising this right, the user must submit the declaration of withdrawal before the expiry of the withdrawal period.
When does the withdrawal period expire?
When purchasing goods, the withdrawal period expires 14 days after the day on which the user or a third party other than the carrier designated by him takes possession of the goods.
When purchasing several goods in one order but which are then delivered separately, the withdrawal period expires 14 days after the day on which the user or a third party other than the carrier designated by him takes possession of the last delivered goods, the last batch or the last part.
Effects of withdrawal
Users who properly withdraw from a contract will be reimbursed for all payments made to the provider, including delivery costs if applicable.
However, the provider is not obliged to reimburse additional costs if the user has opted for a different type of delivery than the cheapest standard delivery offered by the provider.
The refund will be made immediately, but 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 will make the refund using the same means of payment that the user used for the original transaction, unless something else was expressly agreed with the user. In any case, the user will not incur any costs or fees as a result of the refund.
...when purchasing goods
The user must return or hand over the goods to the provider or to a person authorized by the provider to receive the goods immediately and in any event no later than 14 days from the day on which he notified the provider of his decision to withdraw from the contract, unless the provider has offered to collect the goods himself.
The deadline is met if the user hands over the goods to the carrier before the expiry of the 14-day period or otherwise returns the goods as stated above. The provider can refuse to refund until he has received the goods back or until the user has provided proof that he has returned the goods, whichever is earlier.
The user is only 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 to check the quality, properties and functioning of the goods.
The user bears the costs of returning the goods.
Statutory warranty law
Under EU law, entrepreneurs are liable for the conformity of the goods they sell for a period of at least two years from delivery. The entrepreneurs must therefore ensure that the goods purchased have the promised or reasonably expected quality, functioning or properties for at least two years after delivery to the buyer.
For users acting as European consumers, the statutory warranty rights apply to goods available through 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 acting as non-European consumers, the warranty rights of the country of their habitual residence apply.
Liability and indemnification
Users in the USA
Exclusion of warranty
The Service is provided and made available on an "as is" basis. Use of the Service is at your own risk. The Provider expressly disclaims all conditions, representations and warranties - whether express, implied, statutory or otherwise, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement of third party rights to the extent permitted by law. Any advice or information, whether oral or written, obtained by the User from the Provider or through the Service shall not create any warranty of any kind unless expressly stated.
Without limiting the foregoing, the Provider, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees make no warranty that the Content is reliable, accurate or correct; that the Service will meet Users' expectations; that the Service will be uninterrupted or reliably available at any particular time or location; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any Content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk. Users are solely responsible for any damage to Users' computer system or mobile device or loss of data that results from such download or Users' use of the Service.
The Provider does not warrant or assume responsibility for any products or services advertised or offered by third parties through the Service or any hyperlinked website or service, nor does it endorse such products or services. Transactions between Users and third-party providers of products or services are not facilitated or monitored by the Provider.
The Service may become inaccessible or not function properly with Users' web browser, mobile device and/or operating system. The Provider shall not be liable for any perceived or actual damages arising from the content, operation or use of this Service.
Federal law, some states and other jurisdictions do not allow the exclusion or limitation of certain warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may have other rights which vary from jurisdiction to jurisdiction. The exclusions and limitations of liability under the Agreement are ineffective where prohibited by applicable law.
Limitation of Liability
To the extent permitted by law, in no event shall the Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for
any indirect, punitive, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising in connection with the Service or its unavailability; and
any damages or losses resulting from hacking, tampering or other unauthorized access to or use of the Service or the User Account, as well as the information contained therein;
any errors, mistakes or inaccuracies in content;
personal injury or property damage of any kind arising from the User's access to or use of the Service;
any unauthorized access to the Provider's backup servers and/or the personal information stored therein;
any interruption or cessation of transmission to or through the Service;
any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Service;
any errors or omissions in content or for any loss or damage arising from the use of any content posted, emailed, transmitted or otherwise made available through the Service; and/or
the defamatory, offensive or illegal conduct of any user or third party. Any liability of the Provider, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees for any claims, income, liabilities, obligations, damages, losses or costs shall be limited to the amount paid by the User to the Provider under this Agreement in the preceding 12 months or, if less, over the entire term of this Agreement between the Provider and the User.
This limitation of liability applies to the fullest extent permitted by applicable law, whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if the provider has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to the user. These Terms and Conditions give the user specific legal rights, while the user may have other rights depending on the jurisdiction. The exclusions and limitations of liability under the Terms and Conditions are ineffective where prohibited by applicable law.
Indemnification
The user agrees to indemnify and hold the provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against all claims or demands, damages, obligations, losses, liabilities, costs or debts and expenses, including but not limited to legal fees and expenses, arising from
the user's access to and use of the service, including any data or content transmitted or received by the user;
the user's violation of these terms and conditions, including but not limited to the user's violation of any of the representations and warranties contained in these terms and conditions;
the user's violation of any third party rights, including but not limited to personal rights or intellectual property rights;
the user's violation of any statutory provisions, rules or regulations;
any content transmitted from the user account, including in the event of access by third parties using the user's username, password or other security measures - if any - and including misleading, false or inaccurate information;
the alleged misconduct of the user; or
the violation of any legal provision by the user or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees, to the extent permitted by applicable law.
Common provisions
No waiver
If the provider fails to assert any right under these terms and conditions or to enforce any provision of these terms and conditions, this shall not constitute a waiver of such right or provision. No waiver shall be deemed a further or continuing waiver.
Service interruption
In order 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 the users appropriately.
Within the framework of the legal provisions, the provider may also decide to suspend or terminate the service entirely. In the event of termination of the Service, the Provider will cooperate 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 control of the Provider, 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 express prior written permission of the Provider, granted either directly or through a legitimate reseller program.
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 and Conditions, all intellectual property rights, such as copyrights, trademark rights, patent rights and design rights in connection with the service (this website) are the exclusive property of the provider or its licensors and are subject to the protection of applicable law or international treaties relating to intellectual property.
All trademarks, name or figurative marks - and all other trademarks, trade names, service marks, word marks, illustrations, images or logos - that appear in connection with the service (this website) are and remain the exclusive property of the provider or its licensors and are subject to the protection of applicable law or international treaties relating to intellectual property.
Changes to these Terms and Conditions
The provider reserves the right to change or otherwise modify these Terms and Conditions at any time. In this case, the provider will inform the user appropriately about these changes.
Such changes only have a future impact on the relationship with the user.
By continuing to use the service, the user accepts the amended terms and conditions. If users do not want to be bound by the changes, they must stop using the service. If the revised conditions are not accepted, either party can terminate the contract.
The previous version of the terms and conditions valid at the time applies to the relationship before the user accepts the changes. The user can obtain any previous version of the terms and conditions from the provider.
If the applicable law requires it, the provider will specify the date from which the amended terms and conditions apply.
Assignment of rights and obligations
The provider reserves the right, taking into account the legitimate interests of the user, to transfer, assign, replace by novation or pass on all rights and obligations arising from these terms and conditions.
The provisions on changes to the terms and conditions apply accordingly.
Users may not assign or transfer their rights or obligations arising from the terms and conditions in any way without the written consent of the provider.
Contacts
All communications related to the use of the Service (this website) must be sent to the contact details provided in this document.
Severability
If any provision of these Terms is or becomes invalid or unenforceable under applicable law, this shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
US Users
Any such invalid or unenforceable provisions shall be interpreted and modified to the extent that they are valid, enforceable and consistent with their original purpose. These Terms constitute the entire agreement between Users and the Provider regarding the subject matter hereof and prevail over all other communications between the parties regarding the same subject matter, including any prior agreements. These Terms will be enforced to the fullest extent permitted by law.
EU users
If any provision of these Terms and Conditions is or is deemed to be ineffective, or is or is deemed to be invalid, the parties will do their best to reach an amicable agreement on valid and enforceable provisions to replace the ineffective, invalid or unenforceable parts.
Otherwise, the ineffective, invalid or unenforceable provisions will be replaced by the applicable statutory provisions, provided this is permitted or provided for by the applicable law.
Notwithstanding the foregoing, the invalidity, invalidity or unenforceability of individual provisions of these Terms and Conditions does not lead to the invalidity of the entire agreement, unless they are essential contractual provisions or provisions of such importance that the parties would not have concluded the contract if they had known of the invalidity of the provision. If the remaining conditions would lead to an unreasonable hardship for one of the parties, the invalidity of the individual provision will result in the invalidity of the entire agreement.
Applicable law
These terms and conditions are subject to the law of the place where the provider is based, with the exception of conflict of law provisions. Users can find the location of the location in the relevant section of this document.
Exception for European consumers
Regardless of this, users who act as European consumers and have their habitual residence in a country where the law provides for a higher standard of consumer protection are subject to that higher standard.
Place of jurisdiction
The courts of the place where the provider is based - as determined from the information in this document - have exclusive jurisdiction for all disputes arising from or in connection with these terms and conditions.
Exception for European consumers
This does not apply to users who act as European consumers or to users who act as consumers and have their (residential) residence in Switzerland, Norway or Iceland.
Dispute resolution
Amicable dispute resolution
Users can turn to the provider with all disputes, who will try to settle them amicably.
The user's right to take legal action remains unaffected. However, in case of any dispute regarding the use of the Service (this Website) or the Service, the User is invited to contact the Owner using the contact details provided in this document.
The User may direct the complaint, including a brief description and, if applicable, the details of the related order, purchase or account, to the e-mail address provided in this document of the Owner.
The Owner will process the request promptly within 21 days of receipt.
Online dispute resolution for consumers
The European Commission has set up an online platform for alternative dispute resolution, which provides an out-of-court procedure for resolving disputes related to online contracts with consumers.
As a result, consumers in the EU, Norway, Iceland or Liechtenstein can use this platform to resolve disputes arising from contracts concluded online. The platform can be accessed at the following link.
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 the provider and the user governed by these Terms and Conditions.
Business user
Any user who does not act 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.
Example cancellation form
To:
saewelo UG (limited liability)
c/o HQ (3rd floor) Feringastr. 6
85774 Unterföhring, Germany
postmaster [at] saewelo.eu
I/We hereby notify that I/we withdraw from my/our contract of sale for the following goods/for the provision of the following service:
___ (description of the goods/services that are the subject of the cancellation)
Ordered on: ___ (insert date)
Received on: ___ (insert date)
Name of the consumer(s): ___
Address of the consumer(s): ___
Date: ___ (signature if this form is submitted in paper form)
Provider (or We)
Is the natural or legal person(s) who makes this website and/or the service available to users.
Product
A good or service offered for sale through this website, such as physical goods, digital files, software, booking services, etc. The offer of products may be part of the service as defined above.
Service
The service provided through this website as described in these Terms and Conditions and on the service (this website).
Terms and Conditions
All terms and conditions applicable to the use of the service as described in this document and/or on this website, including any related documents or agreements, as amended from time to time.
User (or you)
Is any natural or legal person who uses this website.
Consumer
Any user who uses goods or services for purposes outside his or her commercial, business, craft or professional activity.