Terms and Conditions
1. Scope of application
(1) These General Terms and Conditions apply only to contracts of Swissdigital Europe GmbH with consumers as defined by § 13 BGB ("Customers"). A consumer is any natural person who enters into a legal transaction for a purpose that cannot be attributed to his or her commercial or independent professional activity (§ 13 BGB).
(2) The General Terms and Conditions can always be viewed, downloaded free of charge and saved on the website swissdigital.shop/terms-and-conditions.
2. Conclusion of contract
(1) The product presentation of Swissdigital Europe GmbH in the online store does not represent a binding offer to conclude a contract, but is to be understood as an invitation to the ordering party to submit an offer.
(2) By sending the order, the ordering party submits a binding offer to conclude a contract for the products in the shopping cart.
(3) The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. By clicking the button "Send order" you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order together with the acceptance of the order immediately after sending by automated e-mail. With this e-mail confirmation, the purchase contract is concluded.
3. Prices and shipping costs
(1) All prices listed in the Swissdigital Europe GmbH are gross prices including the statutory value added tax valid at the time of order. Shipping costs (including packaging costs) are not included and will be added as follows:
- Shipping to recipient's address in Germany: free shipping from order total price of 200,01€, below shipping costs participation of 4,95€ per order.
- Shipping to recipient's address in Germany, Austria, Belgium, the Netherlands, Luxembourg, France and Italy: free shipping from order total price of 200,01€, below shipping costs participation of 4,95€ per order.
(2) Payment of the purchase price is due upon conclusion of the contract.
4. Payment methods
(1) Swissdigital Europe GmbH provides the customer with the following Shopify payment methods for free selection:
- Payment by IMMEDIATE TRANSFER
- Payment by credit card using the latest security standards
- Payment by PayPal
- Payment by Apple Pay
- Payment by Google Pay
- Payment by Shop Pay
- Payment by Klarna
(2) In case of payment by bank transfer or PayPal, the customer undertakes to pay the total order price (including shipping costs, if any) without deduction no later than seven days after receipt of the payment request in which the account details are listed.
(3) In the case of payment by credit card, the ordering party authorizes Shopify Payments to charge the total order price to the appropriate card company when payment is due.
5. Delivery conditions
(1) The delivery of the ordered products takes place immediately after receipt of payment or after conclusion of the contract to the address indicated in the order and takes approx. 2-4 working days.
(2) In exceptional cases, delivery may be made in two or more partial deliveries. Swissdigital Europe GmbH bears the additional costs for partial deliveries.
(3) The risk of accidental loss and accidental deterioration of the sold item passes to the purchaser when the products are handed over to the purchaser. It is equal to the handover, if the customer is in default of acceptance.
6. Retention of title
The delivered products remain the property of Swissdigital Europe GmbH until all payment claims have been settled in full. The ordering party is obligated to handle the ordered products with care until they become the property of Swissdigital Europe GmbH.
7. Right of revocation
The right of revocation for consumers is regulated by law. The cancellation policy will be shown to the customer before sending his order and can always be viewed on the website swissdigital.shop/revocation-rights
7.1 Agreement on the bearing of costs
If you make use of your right of revocation, you shall bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 Euros or if, in the case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return is free of charge for you.
(1) The customer's warranty rights in the event of material defects shall be governed by the general statutory provisions. The warranty period for new goods is two years, beginning with the receipt of the goods. In the event of delivery of defective products, the customer shall initially be entitled to free subsequent performance (repair or replacement) by Swissdigital Europe GmbH. If the supplementary performance fails, the customer is entitled to a reduction of the purchase price or withdrawal from the purchase contract.
(2) The customer must notify the delivery company and Swissdigital Europe GmbH of any transport damage without delay.
(1) According to the legal provisions, Swissdigital Europe GmbH is liable without limitation for injury to life, limb or health resulting from an intentional or negligent breach of duty, as well as for other damages resulting from an intentional or grossly negligent breach of duty and fraudulent intent. In addition, Swissdigital Europe GmbH is liable without limitation for damages covered by liability under mandatory statutory provisions, such as the Product Liability Act.
(2) Swissdigital Europe GmbH is liable for damages that are not covered by section 1 and that are caused by slight negligence, insofar as the negligence concerns the violation of essential contractual obligations. These are obligations, the compliance with which enables the proper execution of the contract in the first place and on the compliance with which the customer may regularly rely. In this case, the liability of Swissdigital Europe GmbH is limited to the foreseeable damage typical for the contract.
(3) In the event of slightly negligent breaches of immaterial contractual obligations (i.e., such obligations that are not covered by items 1 or 2), the liability of Swissdigital Europe GmbH is limited to the order value.
(4) Any further liability is excluded.
(5) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. In this respect, Wearable Intelligent German GmbH is not liable for the constant and uninterrupted availability of online access to the online store.
10. Applicable Law and Place of Jurisdiction
(1) The contractual relationship between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the provisions on the international sale of goods (UN Convention on Contracts for the International Sale of Goods) and the provisions of international private law.
(2) The contractual language is German.
(3) If the customer does not have a general place of jurisdiction in Germany or moves his place of residence abroad after conclusion of the contract or if his place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes shall be the registered office of Swissdigital Europe GmbH in Alzenau.