Conditions

General Terms and Conditions of SWANG GmbH

1. General

1.1.  These General Terms and Conditions (hereinafter: "GTC") in the version valid at the time of conclusion of the contract apply to all offers, orders and deliveries of SWANG GmbH (hereinafter: "SWANG").

1.2.  By placing an order, the contractual partner recognizes the validity of SWANG's current General Terms and Conditions. This also applies to any follow-up transactions, unless the contractual partner is a consumer. Deviating general terms and conditions of the contractual partner are hereby also rejected in the case of confirmation letters and unconditional deliveries or services.

 

2. Quotations, Prices and Acceptance of Orders

2.1.  All SWANG offers are non-binding, especially with regard to quantity, price and delivery time.

2.2.  All prices are in euros plus VAT and plus packaging and shipping costs.

2.3.  For orders in the web shop, the contractual partner makes a binding purchase offer to SWANG at the end of the ordering process by clicking the button "Order with costs".

2.4.  Orders from the contractual partner are only considered accepted if SWANG has confirmed them in writing (possibly by issuing an invoice).

2.5. SWANG is entitled to only partially accept orders from the contractual partner who is not a consumer, by making deviations or reservations. If the partial acceptance of the order is not acceptable to the contractual partner, the contractual partner is obliged to inform SWANG in writing within 3 working days of notification of the deviation or reservation. In this case, the contract is considered not to have come about. Otherwise acceptance of the order shall be deemed to have been approved by the contractual partner. In the case of the purchase of consumer goods, the statutory regulations apply.

2.6.  Contract texts are in German. SWANG points out that contract texts are not saved and can therefore no longer be made accessible to the contractual partner after the order has been placed. However, the contractual partner will receive an order confirmation by e-mail, from which the details of the order and the general terms and conditions can be found. The order confirmation can be printed out or saved by the contractual partner using the internet browser or e-mail program.

 

3. Payments and Default

3.1.  The contractual partner can pay the purchase price in advance by bank transfer, by credit card (Visa or Mastercard) or by PayPal.

3.2.  In the event of default, all liabilities of the contractual partner to SWANG are due immediately. In addition, SWANG is entitled not to carry out further deliveries or only carry them out against advance payment. Further claims remain reserved. In the event of withdrawal due to late payment, the contractual partner is also obliged to return the goods to SWANG at his own expense and risk and to reimburse all costs and damages incurred.

 

4. Shipping and Delivery

4.1.  The goods are sold from stock. Unless otherwise agreed, the goods travel uninsured and at the risk of the contractual partner. In the case of the purchase of consumer goods, the statutory regulations apply.

4.2.  The amount of the packaging and shipping costs will be communicated to the contractual partner upon conclusion of the contract. For shipping abroad, SWANG is entitled to demand additional, cost-covering shipping costs for postage and packaging from the contractual partner.

4.3.  In the absence of any written agreement to the contrary, the means of transport is selected by SWANG at its best discretion, without assuming any liability for the cheapest and fastest transport.

4.4. SWANG is entitled to make reasonable partial deliveries insofar as this is reasonable for the contractual partner.

 

5. Obligation to examine and give notice of defects

5.1.  The contractual partner must inspect the goods immediately upon receipt and immediately notify SWANG in writing of any defects. This does not apply to the purchase of consumer goods.

5.2.  Claims for defects by the contractual partner require compliance with the obligation to examine and give notice of defects according to § 377 HGB, unless the contractual partner is a consumer.

5.3.  If the contractual partner is not a consumer, he is obliged in the event of transport damage to assert this immediately upon receipt of the goods from the carrier and in writing in the delivery note or similar note down.

5.4.  The contractual partner is advised that natural precipitations in the products, such as crystals or suspended matter, can occur to the usual extent and do not constitute defects.

 

6. Retention of Title

6.1.  The goods remain the property of SWANG until all claims of SWANG from the business relationship with the contractual partner have been paid in full, unless the contractual partner is a consumer to whom the following provisions in 6.2 to 6.7 do not apply .

6.2.  The contractual partner is entitled to sell the goods delivered by SWANG in the ordinary course of business. This entitlement expires if the contractual partner defaults on payment or if insolvency proceedings have been filed against the contractual partner's assets.

6.3.  The contractual partner already assigns the claims from a resale of the reserved goods to SWANG. SWANG hereby accepts the assignment.

6.4.  The contractual partner is authorized to collect the outstanding amounts from the resale of the goods. This direct debit authorization does not apply if the contractual partner no longer has a proper course of business within the meaning of Section 6.2. In addition, SWANG can revoke the contractual partner's direct debit authorization if he falls behind with the fulfillment of his obligations towards SWANG, in particular with payments. If the direct debit authorization no longer applies or is revoked by SWANG, the contractual partner must inform SWANG immediately of the debtors of the assigned claims and provide the information and documents required for collection.

6.5.  If the goods are combined, mixed or processed with other items, the seller acquires co-ownership of the unified or new item in the proportion resulting from the ratio of the value of the goods delivered by the seller to the value of the others combined, mixed or processed items. For the rest, the same applies to the new item created by connection, mixing or processing as to the goods delivered under reservation.

6.6.  In the event of access by third parties to reserved goods or the outstanding accounts assigned to SWANG, the contractual partner is obliged to point out SWANG's ownership/rights and to notify SWANG immediately. The contractual partner bears the costs of an intervention.

6.7.  In the event of breach of contract, in particular default in payment, the contractual partner is obliged to surrender the reserved goods still in his possession at SWANG's first request and to assign any claims for surrender against third parties relating to the reserved goods to SWANG.

 

7. Right of withdrawal for consumer contracts

7.1.  If, in individual cases, a contract is concluded with a consumer in distance selling (telephone, fax, Internet, etc.), the following conditions apply to the right of withdrawal
If the contractual partner is a consumer within the meaning of § 13 BGB, the following cancellation policy applies: You have the right to cancel this contract within 14 days without giving reasons. The cancellation period is 14 days from the day on which you or a third party other than the carrier nominated by you who has taken possession of the goods.

 

To exercise your right of cancellation, you must inform us (SWANG GmbH, Peter-Marquard-Straße 5, D-22303 Hamburg, Tel. +49 (0)40 69456280, E-Mail:  widerruf @swang -drinks.com ) by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can also electronically fill in and submit the model withdrawal form or any other clear declaration on our website  www.swang-drinks.com  . If you make use of this option, we will immediately send you (e.g. by e-mail) confirmation of receipt of such a revocation.

To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within 14 days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any event no later than 14 days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of 14 days has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.

End of revocation

7.2.  Exclusion of the right of withdrawal
The right of withdrawal does not apply to distance contracts, among other things

 

  1. for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,

  2. for the delivery of goods that can spoil quickly or whose expiry date would soon be exceeded,

  3. for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,

  4. for the delivery of goods if these were inseparably mixed with other goods after delivery due to their nature,

  5. in contracts with entrepreneurs.

 

8. Warranty, Liability for Defects

8.1.  In the case of defective goods, the contractual partner has a warranty right according to the following regulations.

8.2.  Subject to other minimum durability information, the limitation period for liability for defects is 1 year for new goods and 6 months for used goods, for contracts with consumers for new goods 2 years and for used goods 1 year from handover. The shortening of the limitation period does not apply to injury to life, body and health as well as grossly negligent and intentional breaches of duty by SWANG. The statute of limitations in the case of a delivery recourse according to §§ 478, 479 BGB remains unaffected.

8.3. SWANG has the right, at its own discretion, to repair or replace the goods during the warranty period. The contractual partner only has the right to cancel the contract within the legal requirements, to demand a reduction in price or compensation for damages or reimbursement of expenses if the repair or replacement delivery is not carried out within a reasonable time through the fault of SWANG or has finally failed. A repair or replacement delivery is considered to have failed after a second unsuccessful attempt, unless something else arises from the type of goods or the defect or the other circumstances. If claims for damages or reimbursement of expenses are asserted, SWANG's liability is limited as described in Section 9.

 

9. Limitation of Liability

9.1. SWANG, its representatives, employees and vicarious agents (hereinafter jointly: "SWANG") are liable, regardless of the legal reason, exclusively for intent and gross negligence, unless it is a matter of culpable violation of essential contractual obligations or the violation of a quality guarantee .

9.2. SWANG is not liable for improper use of the goods and products by the contractual partner.

9.3.  Except in the case of intentional breach of contract, SWANG is not liable for lost profits, missed savings, indirect damages and/or consequential damages.

9.4.   With the exception of intentional breach of contract, SWANG's liability is limited to the damage that was reasonably foreseeable for SWANG at the time the contract was concluded.

9.5.  Liability for culpable injury to life, limb or health as well as mandatory liability provided for by law remain unaffected by the aforementioned liability limitations.

 

10. Protection of minors

10.1. In accordance with the provisions of the Youth Protection Act, SWANG does not sell any alcoholic beverages or food to children and young people under the age of 18.

10.2. SWANG expressly reserves the right to verify that the contractual partner is of legal age.

Exclusion of liability for external links If SWANG refers to other sites on the Internet via links, SWANG declares that it has no influence on the design and content of the linked sites. SWANG expressly distances itself from all content on all linked sites and does not adopt this content as its own.

 

11. Image Rights

All image rights to the images displayed on the SWANG website belong to SWANG or its partners. Use without the express consent of the respective rights holder is not permitted.

 

12. Final Provisions

12.1.The contractual partner is informed that SWANG processes and stores the personal data obtained in the course of the business relationship in accordance with the provisions of the Federal Data Protection Act. Reference is made to SWANG's separate data protection declaration.

12.2. The contractual partner can only offset against claims by SWANG if the counterclaim of the contractual partner is undisputed or has been legally established. The contractual partner can only assert a right of retention if it is based on claims from the same contractual relationship.

12.3. Without the express written consent of SWANG, the contractual partner is not entitled to assign claims from the contractual relationship to third parties.

12.4. Place of performance and exclusive place of jurisdiction for all disputes arising from or in connection with these GTC or the underlying contract is the registered office of SWANG, provided that the contractual partner is a company, a legal entity under public law or a special fund under public law.

12.5. These GTC and the underlying contract between SWANG and the contractual partner are subject to German law with the exception of the UN sales law and the regulations on international private law.

12.6.Should individual provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected thereby. The ineffective provision is replaced by a replacement provision that comes as close as possible to the purpose of the ineffective provision.

Copyright SWANG, Hamburg 2022