§ 1
Applicability of the General Terms and Conditions
1.1. These General Terms and Conditions apply for all contracts/orders that are concluded between Svving and its customers (hereinafter referred to as the “Customer”). They also apply for online orders via the svving.com website (hereinafter referred to as the “Website”).
1.2. These General Terms and Conditions apply exclusively. Conditions of the customer that are contradictory to or deviate from these General Terms and Conditions are not acknowledged by Svving, unless Svving has explicitly approved their applicability in writing.
1.3. Legally relevant declarations and notifications, which must be submitted to Svving by the Customer after concluding a contract (e.g. deadlines, defect notifications, notification of cancellation or reduction), must be in written form in order to be valid.
1.4. Any acceptance of goods and/or services by the Customer effectuates the unrestricted acceptance of these General Terms and Conditions. The possibility of demonstrating the acceptance of the conditions of sale in a manner different to the acceptance of the goods/services hereby remains unaffected.
1.5. The contract language is exclusively German.
1.6. The Customer can access and print these General Terms and Conditions on the Website. The contract text will not be stored.
§ 2
Order process and conclusion of contract
2.1 The services offered by Svving are subject to alteration and are non-binding.
2.2 For orders placed via the Website, the Customer can place the products it selects into the shopping cart. It may thereafter place a legally binding order. An order is only possible if the Customer confirms that it has read the General Terms and Conditions and agrees to their applicability beforehand, by using the mouse to click on the corresponding box. To place an order via the Website, the following individual steps must be carried out:
- Place products in the shopping cart
- Enter delivery and payment information
- Actively agree to the General Terms and Conditions (including the information about the cancellation policy)
- Place the order via the “Order and Pay” button
Before sending the order, it is possible to review the details and correct any possible mistakes that have been made when entering them.
2.3 When placing an order, a binding offer to enter into a legally binding contract is submitted, in accordance with § 145 BGB [German Civil Code]). Svving is entitled to accept the offer within two weeks of its receipt, for example by means of declaration of acceptance or by sending the goods.
2.4. If there is no reaction from Svving within the acceptance period, the silence cannot be classified as acceptance. The acceptance of an order is only valid if it is issued in writing or via email, and signed by a representative authorised by Svving. Immediately after receipt of the order, an automated email will be sent, in which the receipt of the order is confirmed, but this will not yet confirm acceptance of the offer. The conclusion of the contract will only take place when Svving accepts the offer by means of a corresponding order confirmation via email.
2.5. The depictions of the products on the Website do not constitute a legally binding offer, but a non-binding online catalogue.
2.6. By providing a valid email address, the Customer declares that it agrees to its orders also being received and processed via email. The Customer is hereby explicitly informed that misuse cannot be excluded during the email transmission. Svving is not able to review email orders to check the validity of the sender and the accuracy of the content. Nevertheless, the Customer asks Svving to receive such electronic orders for performance. Svving is free from all liability and all recourse claims that may result due to unlawful use of the transmission system.
2.7. The contract text will not be stored by Svving after conclusion of the contract and is not accessible to the Customer.
2.8. Contract conclusion is possible in the German language.
§ 3
Cancellation right, cancellation policy for customers based in the EU
If the Customer is based in the European Union, purchases products via the Website, and is a consumer (in other words, a natural person who completes a legal transaction for a purpose that can be primarily attributed to neither its commercial nor professional activity), it has a right to cancellation in accordance with the statutory provisions, and it will be informed about its existence/non-existence during the respective order process and in the following text.
Cancellation right
You have the right to cancel this contract within fourteen days without stating reasons.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, carries out one of the following actions:
- have/has taken possession of the goods, if you have ordered an item or several goods within the framework of a single order, and the item or goods is/are delivered as a single unit;
- have/has taken possession of the last item, if you have ordered several goods as part of a single order and the goods are delivered separately;
- have/has taken possession of the last partial consignment or the last part, if you have ordered an item that is delivered in multiple partial consignments or parts.
In order to exercise your cancellation right, you must inform us by means of a clear declaration (e.g. a letter sent by post or an email) about your decision to cancel this contract, using the following contact information:
Svving Holding GmbH
Theodorstraße 42–90
22761 Hamburg
Email: info@svving.com
For this purpose, you can use the attached sample cancellation form, but this is not mandatory.
To comply with the cancellation deadline, it is sufficient to send the notification of exercise of the cancellation right before the expiry of the cancellation period.
Consequences of cancellation
If you cancel this contract in relation to all goods in your order, we must reimburse you all payments that we have received from you, including the delivery costs (with the exception of additional costs that are incurred because you selected a delivery type different to the cheapest standard delivery offered by us), immediately and within fourteen days at the latest from the day on which we receive the notification of your cancellation of this contract. If you cancel the contract only in relation to certain goods, we will reimburse the purchase price for these goods. For this repayment, we will use the same payment method that you used for the original transaction, unless explicitly agreed otherwise with you; in no case will you be charged fees for this repayment.
We may refuse to carry out the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, depending on which occurs earlier.
You must send us back or transfer the goods immediately and in any case within fourteen days at the latest from the date on which you inform us about the cancellation of this contract. The deadline is observed if you send the goods before the expiry of the fourteen-day period.
We will bear the direct costs of the return within Germany. Outside Germany, you will bear the direct costs of the return.
You must only pay for any loss in value of the goods if this loss in value is attributed to use by you that is not necessary for the checking of the quality, features, and functionality of the goods.
———- End of the cancellation policy ———-
Sample cancellation form
Should you wish to cancel the contract, please complete this form and send it back to us at:
To
Svving Holding GmbH
Theodorstraße 42–90
22761 Hamburg
Email: info@svving.com
I/we (*) hereby cancel the contract concluded by me/us (*) regarding the purchase of the following goods (*):
/the provision of the following service (*):
Ordered on (*): Received on (*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (for notification on paper only):
Date:
(*) Delete as applicable.
———- End of the cancellation form ———-
§ 4
Prices, payment terms, payment default
4.1 The prices apply departing from Hamburg, plus delivery costs. You will receive further information about the delivery costs on the Website in the “Delivery Information” section.
4.2 The statutory value added tax is included in the prices; the statutory amount will be identified separately in the invoice on the date of invoicing.
4.3 For shipment to a non-EU country, additional taxes or costs (e.g. customs duties) may apply as part of the order, and they will not be paid via Svving or charged by Svving, but must be paid directly by the Customer to the relevant customs or tax authorities. For specific details, please inquire at the respective competent authority.
4.4 Discounts for on-time payment are not permitted unless explicitly agreed.
4.5 The different payment methods, also in the case of online orders, will be presented on the Website as part of the order process.
4.6 In the case of payment by direct debit, the Customer must bear all costs that are incurred due to a chargeback of a payment transaction because of insufficient funds, or due to bank account details which have been incorrectly provided by the Customer.
4.7 The statutory regulations apply regarding the requirements and consequences of payment default. The entitlement to commercial default interest from merchants (§ 353 HGB [German Commercial Code]) remains unaffected.
4.8 The Customer only has set-off rights if its counterclaims are determined to be legally valid, are undisputed, or are acknowledged by Svving. In addition, the Customer is only authorised to exercise a retention right to the extent that its counterclaim is based on the same contractual relationship.
4.9 Payments from the Customer for any repayment purpose will always be applied to the oldest due invoice.
§ 5
Delivery time, delivery delay
5.1 The agreement of delivery times requires explicit confirmation by Svving in written form.
5.2 Svving is entitled to provide partial deliveries, if this is reasonable to the Customer.
5.3 The goods will be dispatched at the request and at the expense of the buyer (“sales shipment”). Unless otherwise agreed in writing, Svving is entitled to determine the type of shipment itself (in particular the selection of transport company, shipment route, packaging etc.). In the case of a sales shipment, the Customer will bear the transport costs ex-stock and the costs of any transport insurance desired by the Customer.
5.4 Any customs duties, fees, taxes, and other public levies will be borne by the Customer.
5.5 The risk of accidental destruction and accidental deterioration of the goods is transferred to the Customer upon handover at the latest. In the case of a sales shipment, the risk of accidental destruction and accidental deterioration of the goods, as well as the risk of delay, is transferred to the forwarder, carrier, or the person or establishment otherwise specified for the performance of the dispatch, upon dispatch of the goods.
5.6 Should the Customer delay its acceptance or culpably breach other duties to cooperate, Svving is entitled to request repayment for the losses it incurs in this respect, including any additional expenses. Further claims and rights remain reserved.
5.7 Provided that the preconditions for acceptance delay exist, the risk of accidental destruction or accidental deterioration of the goods is transferred to the Customer at the point in time at which the Customer delays acceptance.
5.8 All events and conditions of which the occurrence is outside the sphere of influence of Svving and its suppliers, for example force majeure, natural disasters, war, industrial disputes, lack of personnel, energy or raw materials, transport or operational disruption, official orders, or fire or explosion damage, will extend the agreed delivery periods by the duration of the interference, plus a suitable start-up period. Should the interference last longer than two months, each party is entitled to withdraw from the contract in relation to the part which is not fulfilled. If Svving is unable to observe binding delivery deadlines (non-availability of the service) for reasons for which Svving is not responsible, the Customer will be informed of this circumstance immediately and at the same time informed of the provisional new delivery period. The Customer hereby remains free to set a suitable grace period of its own. Should the service also be unavailable within the new delivery period, Svving is entitled to withdraw in whole or in part from the contract; any consideration already provided by the Customer will be reimbursed immediately. In this sense, a case of non-availability of the service is classed in particular as a case in which the provision of materials and supplies from a Svving supplier does not take place punctually, if a congruent coverage transaction has been concluded. A congruent coverage transaction has been carried out if, on the date of the transaction, Svving has a supply contract, which, viewed objectively, is such that when performing the contract and assuming smooth operations, Svving can supply its Customers with the same certainty as it has been promised. Svving’s statutory withdrawal and cancellation rights, and the statutory provisions regarding the performance of the contract in the case of an exclusion of the performance obligation (e.g. service and/or subsequent performance being impossible or unreasonable) remain unaffected. The withdrawal and cancellation rights of the Customer also remain unaffected.
§ 6
Transport damage
In the event that goods are delivered with evident transport damage, we ask that the Customer notify the carrier of such defects immediately and contact us as quickly as possible. Failure to make a complaint or make contact will not have any consequences on the statutory warranty rights. However, doing so will help us assert our own claims against the carrier or transport insurance provider.
§ 7
Defect guarantee
7.1 At the choice of the Customer, for all defects occurring to the purchased items during the statutory guarantee period, the statutory rights to subsequent performance, correction of faults/redelivery and – in the event that the subsequent performance fails – the further claims to reduction or withdrawal, and additionally to compensation, including compensation for damage instead of performance, and the reimbursement of unsuccessful expenditure, apply. Failure of subsequent performance occurs after three unsuccessful attempts at subsequent performance.
7.2 The limitation period for defect claims is 24 months, counted from the handover or delivery. If the Customer is a businessperson, in other words if the Customer places its order in the exercise of its commercial or self-employed professional activity, defect claims towards Svving will expire within 12 months of the handover of the goods. This clause does not include claims due to the loss of life, physical injury, or damage to health, which are based on a negligent breach of duty by Svving, or an intentional or negligent breach of duty by a legal representative or agent of Svving.
§ 8
Liability
8.1 Should the Customer assert compensation claims that are based on intent or gross negligence, including intent or gross negligence of representatives or agents of Svving, or based on mandatory statutory liability, e.g. in accordance with product liability law, Svving is liable in accordance with the statutory provisions. If Svving is not accused of any intentional or grossly negligent breach of duty, the liability for damages is limited to the foreseeable loss that typically occurs.
8.2 Svving is liable in accordance with the statutory provisions if Svving culpably breaches an essential contractual duty. This is an obligation of which the satisfaction makes the proper performance of the contract possible in the first place and on/in the observance of which the contract partner must constantly rely and trust. However, in this case, the liability for damages is also limited to the foreseeable loss that typically occurs.
§ 9
Retention of title
9.1 Svving reserves the ownership of the goods until receipt of all payments resulting from the business relationship with the Customer. In the event of conduct of the Customer, which is contrary to the contract, in particular payment default, Svving is entitled to request the item of purchase back. By taking back the item of purchase, Svving withdraws from the contact. After taking back the goods, Svving is authorised to liquidate them; the proceeds of liquidation shall be offset against the liabilities of the Customer – minus appropriate liquidation costs.
9.2 Until the transfer of ownership, the Customer must handle the goods with care.
§ 10
Alternative dispute resolution
The EU Commission provides the opportunity for online dispute resolution on an online platform which it operates. This platform can be accessed using the following external link http://ec.europa.eu/consumers/odr/. However, Svving is not obligated or willing to take part in dispute resolution procedures before a consumer arbitration body.
§ 11
Electronic communication
The Customer agrees that contract-related communication may take place electronically.
§ 12
Place of jurisdiction, place of performance
12.1 For the contractual and non-contractual legal relationships with the Customer – including the manner in which it came about and all rights and obligations arising from the contract – German law applies exclusively, with the exclusion of the principles of conflict of laws and the UN sale of goods law (CISG), and the prevailing customs at the place of performance. Compulsory protective provisions of state law, in which the consumer has its habitual residence, remain applicable.
12.2 The local and international exclusive jurisdiction of the Amtsgericht (Local Court) Hamburg and the Landgericht (Regional Court) Hamburg is agreed, if the Customer is a merchant. However, Svving is also entitled to take legal action at the location of the registered office of the Customer or at other competent courts on the basis of domestic or foreign law.
12.3 Unless otherwise stated in the order confirmation, the place of performance is the registered office of Svving.
© Svving 2020