Terms of service
1 Scope and Provider
(1) These general terms and conditions apply to all orders that you place in the online shop of
swapface UG (limited liability)
Managing directors: Lilia Kleemann and Svanja Kleemann
(2) The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18.
(3) Our deliveries, services and offers are based exclusively on these general terms and conditions. The general terms and conditions also apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our general terms and conditions is already contradicted.
(4) The contract language is exclusively German.
(5) You can access and print out the currently valid general terms and conditions on our website https://swapface.de/pages/agb or save them as download PDF.
2 conclusion of contract
(1) The presentation of goods in the online shop does not constitute a binding application to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
(2) By clicking the "Pay now" button / "Buy" you submit a binding purchase offer (§ 145 BGB). Immediately before submitting this order, you can check the order again and correct it if necessary.
(3) After receipt of the purchase offer, you will receive an automatically generated email with which we confirm that we have received your order (order confirmation). This order confirmation does not yet represent an acceptance of your purchase offer. A contract is not yet concluded with the order confirmation.
(4) A purchase contract for the goods is only concluded when we expressly declare our acceptance of the purchase offer (order confirmation) or when we send the goods to you - without a prior express declaration of acceptance. Your application can only be accepted by us up to the point in time at which you can expect the response to be received under regular circumstances (Section 147 (2) BGB). Exception: when paying with PayPal, Apple Pay, Amazon Pay, Google Pay, Shop Pay, credit card or SOFORT, the order is accepted immediately with your order.
The prices stated on the product pages include the statutory value added tax and other price components and include the respective shipping costs.
4 terms of payment; Default
(1) Payment can be made either by:
PayPal / PayPal Express,
(2) We are responsible for selecting the respective available payment methods. In particular, we reserve the right to offer you only selected payment methods for payment.
(3) PayPal / PayPal Express: In the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You'll get more information during the ordering process.
(4) Credit card: When you place your order, you send us your credit card details at the same time. After your legitimation as the legitimate cardholder, we will ask your credit card company to initiate the payment transaction immediately after the order has been placed. The payment transaction is carried out automatically by the credit card company and your card is charged.
(5) Apple Pay: During the transaction, a device account number (for each stored card Apple stores one Device Account Number ) transmitted to the seller. The seller transmits this number to the associated banking network, which can assign the device account number to the stored credit card data. It then sends the seller approval for the transaction. After receiving the approval, the seller sends the amount to be paid and his ID to the buyer's device. In the next step, the Apple Pay user must confirm this using their Touch ID (from iPhone X with FaceID) or Apple Watch. The confirmation takes place by means of a cryptogram in which, among other things, a unique Card Validation Code (CVC), the amount, the seller and the authentication of the Apple Pay user on his specific device are stored in coded form. The structure of the cryptogram has not been published and therefore the completeness of this information cannot be checked. The cryptogram is forwarded to the banking network via the seller and the payment is made.
(6) Amazon Pay: During the ordering process, you will be redirected to the website of the online provider Amazon before completing the ordering process in our online shop. In order to process the order process via Amazon and pay the invoice amount, you must be registered there or first register and legitimize with your access data. There you can choose the delivery address and payment method saved by Amazon, confirm the use of your data by Amazon and confirm the payment instructions to us. You will then be redirected back to our online shop, where you can complete the ordering process. Immediately after the order is placed, we ask Amazon to initiate the payment transaction. The payment transaction is carried out automatically by Amazon. You'll get more information during the ordering process.
(7) Google Pay: During the ordering process, you will be redirected to the website of the online provider Google before completing the ordering process in our online shop. In order to process the order process via Google and pay the invoice amount, you must be registered there or first register and legitimize with your access data. There you can choose the delivery address and payment method saved by Google, confirm the use of your data by Google and the payment instruction to us. You will then be redirected back to our online shop, where you can complete the ordering process. Immediately after placing the order, we ask Google to initiate the payment transaction. The payment transaction is carried out automatically by Google. You'll get more information during the ordering process.
(8) IMMEDIATELY: After placing the order, you will be taken to the website of the online provider
Sofort GmbH forwarded. In order to be able to pay the invoice amount via Sofort, you must have an online banking account with PIN / TAN that has been activated for participation in Sofort, identify yourself accordingly and confirm the payment order to us. You'll get more information during the ordering process. The payment transaction is carried out immediately afterwards by Sofort and your account is debited.
(9) If you fall into arrears with a payment, you are obliged to pay the statutory default interest in the amount of 5 percentage points above the base rate. You will be charged a reminder fee of EUR 2.50 for every reminder sent to you after the default has occurred, unless a lower or higher damage is proven in individual cases.
5 Offsetting / right of retention
(1) You are only entitled to offset if your counterclaim has been legally established, is not disputed or recognized by us or is in a close synallagmatic relationship to our claim.
(2) You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
6 delivery; Retention of title
(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you specified in Germany. It is not possible to collect the goods yourself.
(2) The goods remain our property until the purchase price has been paid in full.
(3) As an exception, we are not obliged to deliver the goods ordered if we have properly ordered the goods on our part, but were not delivered correctly or on time (congruent covering transaction). The prerequisite is that we are not responsible for the lack of availability of goods and that we have informed you of this fact immediately. In addition, we must not have taken the risk of procuring the goods ordered. If the goods are not available, we will immediately reimburse you for payments already made. We do not assume the risk of having to procure an ordered product (procurement risk). This also applies when ordering goods that are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods we have ordered from our suppliers.
(4) If you are an entrepreneur within the meaning of Section 14 BGB, the following also applies:
- We reserve title to the goods until all claims from the current business relationship have been settled in full. Pledging or security transfer is not permitted prior to the transfer of ownership of the reserved goods.
- You may resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that you accrue from the resale. We accept the assignment, but you are authorized to collect the claims. If you fail to properly meet your payment obligations, we reserve the right to collect claims ourselves.
- When combining and mixing the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
- We undertake to release the securities to which we are entitled on request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is our responsibility.
7 cancellation policy
In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. making the purchase for purposes that are predominantly neither commercial nor self-employed, you have a right of withdrawal in accordance with the following provisions.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. Since the products for sale are hygiene items, the right of withdrawal expires in accordance with Section 312g Paragraph 2 Number 3 BGB if the security seal or the packaging of the purchased item has been opened or damaged to such an extent that the products are in perfect hygienic condition can no longer be granted.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods.
To exercise your right of withdrawal, you must contact us
swapface UG (limited liability)
by means of a clear declaration (e.g. a letter sent by post or email) of your decision to withdraw from this contract. Please use the attached sample cancellation form for this purpose, which is not mandatory, however.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of withdrawal
If you withdraw from this contract, we will have given you all the payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
Model withdrawal form
If you want to cancel the contract, please fill out this form and send it back.
swapface UG (limited liability)
I / we (*) hereby revoke the contract concluded by me / us (*) on the
Purchase of the following goods (*):
Ordered on (*) / received on (*)
Name of the consumer (s):
Address of the consumer (s):
Signature of the consumer (s) (only when notified on paper)
(*) Delete where inapplicable.