General Terms and Conditions

§ 1 Validity, definitions of terms

(1) Novibar GmbH, Novibar GmbH, Muehlenstr. 51, 59348 Luedinghausen, GERMANY, Germany (hereinafter: ‘we’ or ‘swap-systems.com’) operates an online shop for goods under the website https://swap-systems.com. The following general terms and conditions apply to all services between us and our customers (hereinafter: ‘customer’ or ‘you’) in the version valid at the time of the order, unless otherwise expressly agreed.

(2) ‘Consumer’ within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. ‘Entrepreneur’ is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity, whereby a partnership with legal capacity is a partnership with the capacity to acquire rights and enter into obligations.

§ 2 Conclusion of the contracts, storage of the contract text

(1) The following provisions on the conclusion of contracts apply to orders placed via our online shop at https://swap-systems.com.

(2) Our product presentations on the Internet are non-binding and do not constitute a binding offer to conclude a contract.

(3) When an order is received in our online shop, the following regulations apply: The customer submits a binding contractual offer by successfully completing the ordering process provided in our online shop. The order is placed in the following steps:

1. Select the desired goods,
2. Add the products by clicking on the corresponding button (e.g. “Add to shopping cart”, “Add to shopping bag” or similar),
3. Check the information in the shopping cart,
4. Call up the order overview by clicking on the corresponding button (e.g. “Continue to checkout”, “Continue to payment”, “To order overview” or similar),
5. Enter/check the address and contact details, select the payment method, confirm the general terms and conditions and cancellation policy,
6. If the agreed quality of the goods deviates from their usual quality and conditions of use, confirm a negative quality agreement,
7. Complete the order by pressing the “Buy Now” button. This represents your binding order.
8. The contract is concluded when you receive an order confirmation from us at the specified email address within three working days.

(4) If the contract is concluded, the contract is concluded with Novibar GmbH, Muehlenstr. 51, 59348 Luedinghausen, GERMANY, Germany.

(5) Before ordering, the contract data can be printed out or electronically saved using the browser’s print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the general terms and conditions and the cancellation policy, is carried out by e-mail after you have placed the order, in some cases automatically. We do not save the text of the contract after it has been concluded.

(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser’s ‘back button’). They can also be corrected by cancelling the order process prematurely, closing the browser window and repeating the process.

(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 3 Subject of the contract and essential characteristics of the products

(1) The subject of the contract in our online shop is:

1. The sale of goods. The specific goods offered can be found on our product pages.

(2) The essential characteristics of the goods can be found in the item description. If the agreed quality of the goods deviates from their usual quality and conditions of use, this shall be expressly indicated in the item description (negative quality agreement). Insofar as the customer has given his express consent to the negative quality deviation, this defines the subject matter of the contract.

§ 4 Prices, shipping costs and delivery

(1) The prices stated in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.

(2) The respective purchase price must be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly labelled button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately.

(3) In addition to the prices stated, shipping costs may be incurred for the delivery of products, unless the respective item is labelled as free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, in the shopping basket system and on the order overview.

(4) Unless clearly stated otherwise in the product description, all products offered are ready for dispatch immediately. The delivery time after receipt of payment varies depending on the destination region. For more details plese consult our shipping policy.

(5) The following delivery area restrictions apply: Delivery is made to the following countries: Austria, Belgium, Bulgaria, Canada, China, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, Taiwan.

(6) If the delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply with regard to the costs for the return shipment if you effectively exercise your right of cancellation. If you effectively exercise your right of cancellation, the provision made by us in the cancellation policy shall apply to the return costs.

§ 5 Right of retention, retention of title

(1) You can only exercise a right of retention if it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 6 Right of withdrawal

As a consumer, you have a right of withdrawal. This is governed by our right of withdrawal.

§ 7 Contract language

The only contract languages available are English or German.

§ 8 Liability

(1) Subject to the following exceptions, our liability for breaches of contractual obligations and tortious acts is limited to intent or gross negligence.

(2) We are liable without limitation in the event of slight negligence in the event of injury to life, body or health or in the event of a breach of a contractual obligation. If we are in default with the service due to slight negligence, if the service has become impossible or if we have breached a contractual obligation, liability for material and financial damage resulting therefrom is limited to the typically foreseeable damage. A contractual obligation is one whose fulfilment makes the proper execution of the contract possible in the first place, whose breach endangers the achievement of the purpose of the contract and whose compliance you can regularly rely on. This includes in particular our obligation to take action and to fulfil the contractually owed service, which is described in Section 3.

Section 9 Warranty

(1) The warranty is based on the statutory provisions.

(2) For entrepreneurs, the warranty period for delivered items is 12 months.

(3) As a consumer, you are asked to check the item/digital goods or the service provided for completeness, obvious defects and transport damage immediately upon contract fulfillment and to report any complaints to us and the freight forwarder as soon as possible. If you do not do this, this will of course have no effect on your statutory warranty claims.

§ 10 Final provisions/dispute settlement

(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favorability principle).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.

(4) The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.