General terms and conditions

for the online shop at the URL

https://swulabs.com

operated by

Steffen Wutzke
SWu Labs – sound.code.create
Scheppe Gewissegasse 7
35039 Marburg
E-Mail: shop@swulabs.com[Telefonnummer]

– hereinafter referred to as: Provider –

1. Scope

These General Terms and Conditions (GTC) apply, once incorporated, to all contracts concluded for the purchase of goods, services, or other items (hereinafter “Goods”) in the online shop at the above URL, in the version valid at the time of conclusion of the contract. These GTC apply exclusively. Deviating terms and conditions of the customer shall not become part of the contract unless the provider expressly agrees to them.

2. Conclusion of Contract

2.1 The offers in the online shop constitute a non-binding invitation by the provider to online shop visitors to submit an offer to purchase the goods offered in the shop.

2.2 Goods are ordered via the provider’s online order form. After selecting the desired goods, entering all required mandatory information, and completing all other obligatory steps in the ordering process, the selected goods can be ordered by clicking the order button at the end of the checkout page (Order). By placing the order, the customer submits a binding contractual offer to purchase the selected goods. The contract is concluded when the provider accepts the customer’s offer. Acceptance occurs when the provider confirms the conclusion of the contract in written or text form (e.g. by email) and this order confirmation reaches the customer, or when the provider delivers the ordered goods and they reach the customer, or when the provider requests payment from the customer (e.g. invoice or credit card payment during the ordering process) and this payment request reaches the customer; the decisive point in time for the conclusion of the contract is the moment at which one of the alternatives mentioned in the first clause first occurs.

2.3 Before submitting the binding order via the provider’s online order form, the customer can review their entries and correct them at any time using the standard keyboard, mouse, touch, or other available input functions. In addition, all entries are displayed once more in a confirmation window before the binding order is submitted and can also be corrected there using the standard keyboard, mouse, touch, or other available input functions.

2.4 After conclusion of the contract, the provider will store the contract text and transmit it to the customer in text form (e.g. by email). The provider will not make the contract text accessible beyond this.

2.5 The following languages are available for concluding the contract: German, English

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Right of Withdrawal for Consumers

Consumers generally have a right of withdrawal for contracts concluded away from business premises and for distance contracts. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional in nature. Details can be found in the cancellation policy, which is provided to every consumer no later than immediately before the conclusion of the contract.

4. Payment, Default

4.1 The prices listed in the online shop at the time of ordering apply. All prices are inclusive of the statutory value added tax and plus any shipping costs listed where applicable. The customer is informed about the available payment options in the provider’s online shop.

4.2 If “advance payment” has been agreed, the purchase price is due immediately upon conclusion of the contract.

4.3 If “purchase on invoice” has been agreed, payment is due immediately upon conclusion of the contract, unless a different payment deadline has been specified in the invoice or during the purchasing process.

4.4 If “SEPA direct debit” has been agreed, payment is due immediately upon conclusion of the contract. Before the purchase price is debited, the customer will be informed of when to expect the debit of the agreed purchase price (pre-notification). The direct debit will not be collected before receipt of this pre-notification and not before the deadline stated in the pre-notification. If the direct debit fails due to insufficient funds, the provision of incorrect bank details, or for any other reasons attributable to the customer, the customer shall bear any resulting chargeback fees, provided the failure of the direct debit is attributable to the customer.

4.5 If payment by credit or debit card has been agreed, the purchase price is due immediately upon conclusion of the contract.

4.6 If payment via “PayPal” has been agreed, the purchase price is due immediately upon conclusion of the contract. Payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.

5. Retention of Title

The purchased goods remain the property of the provider until the purchase price has been paid in full.

6. Delivery and Reservation of Self-Supply

6.1 Unless otherwise agreed, delivery will be made within the delivery time specified in the online shop to the delivery address provided by the customer. The applicable delivery times can be found in the online shop.

6.2 Self-collection of purchased goods is not possible.

6.3 If the provider is unable to deliver the ordered goods because, through no fault of their own, they themselves were not supplied despite having concluded a congruent covering transaction with a reliable supplier in a timely manner, the provider shall be released from their obligation to perform and may withdraw from the contract. The provider is obliged to notify the customer without delay of the impossibility of fulfilling the order. Any consideration already provided by the contractual partner will be refunded to them without delay. Mandatory consumer protection law remains unaffected by this paragraph.

7. Warranty

The statutory provisions on defect liability apply.

8. Liability and Indemnification

8.1 The provider is liable without limitation:

• for damages arising from injury to life, body, or health that are based on an intentional or negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider;
• for damages based on an intentional or grossly negligent breach of duty by the provider or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the provider;
• on the basis of a guarantee, unless a different provision has been made in this regard;
• on the basis of mandatory liability (e.g. under the Product Liability Act)

8.2 If the provider negligently breaches a material contractual obligation, their liability is limited to the typical, foreseeable damage, unless unlimited liability applies pursuant to the preceding paragraph. Material contractual obligations are obligations which the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.

8.3 Any further liability of the provider as well as the liability of its vicarious agents and legal representatives is excluded.

8.4 The customer shall indemnify the provider against any third-party claims – including legal defense costs at the statutory rate – asserted against the provider due to unlawful or contractually non-compliant actions by the customer.

9. Data Protection

The provider treats the personal data of its customers confidentially and in accordance with the applicable statutory data protection regulations. For further details, please refer to the provider’s privacy policy.

10. Final Provisions

10.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods, provided that this choice of law does not result in a consumer habitually resident in the EU being deprived of the mandatory statutory provisions of the law of their country of residence.

10.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the court at the provider’s registered place of business shall have jurisdiction, unless an exclusive place of jurisdiction is established for the dispute. This also applies if the customer has no place of residence within the European Union. The registered address of our company can be found in the header of these GTC.

10.3 Should any provision of this contract be or become invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.

Information on Online Dispute Resolution / Consumer Arbitration

The provider is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.

Our email address can be found in the header of these GTC.