TERMS OF SERVICE
Terms of Service
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts concluded with us as the provider via the website the-swivy.com. Unless otherwise agreed, the inclusion of your own terms and conditions is expressly rejected.
(2) A consumer, within the meaning of these regulations, is any natural person who enters into a legal transaction for purposes that predominantly are not attributable to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we make a binding offer to conclude a contract under the conditions specified in the product description via the online shopping cart system.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. You can access the shopping cart via the corresponding button in the navigation bar and make changes at any time.
After clicking the “checkout” or “proceed to order” button (or similar), and entering your personal data as well as payment and shipping terms, your order details will be displayed again in an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will either be taken to the order overview in our online shop or redirected to the website of the instant payment provider.
If redirected to the payment provider, complete the required information. You will then be shown your order data on their site or once redirected back to our shop.
Before submitting the order, you can review and edit all details, or cancel the transaction.
By clicking the appropriate button (“Buy now”, “Order with obligation to pay”, or similar), you make a legally binding declaration of acceptance, thereby concluding the contract.
(4) The order processing and transmission of all information required in connection with the conclusion of the contract takes place via email, partly automated. You must ensure that the email address you provide is correct and that receipt of emails is technically ensured, especially not blocked by spam filters.
§ 3 Special Agreements on Payment Methods
(1) Payment via “PayPal” / “PayPal Checkout”
If you select a payment method offered via PayPal, payment processing is carried out by PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The payment options available via PayPal are displayed during the ordering process. PayPal may use other payment services. If special terms apply, you will be informed separately. More info: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full
(2) Payment via “Stripe”
If you select a Stripe payment method, payment is processed by Stripe Payments Europe Limited, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland. The available options will be shown in the ordering process. Stripe may use third-party services for payment processing. If special terms apply, you will be notified. More info: https://stripe.com/de
§ 4 Right of Retention, Retention of Title
(1) You may only exercise a right of retention if the claim arises from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 5 Warranty
(1) Statutory warranty rights apply.
(2) As a consumer, please check the goods upon delivery for completeness, obvious defects, and transport damage and notify us and the carrier as soon as possible. Failure to do so does not affect your statutory warranty rights.
(3) If a feature of the goods deviates from the objective requirements, such deviation is only deemed agreed if you were informed of it before submitting the contractual declaration and the deviation was explicitly and separately agreed between the parties.
§ 6 Governing Law
(1) German law shall apply. For consumers, this applies only if the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.
II. Customer Information
1. Information on the Conclusion of the Contract
The technical steps for concluding the contract, the conclusion itself, and the correction options are described in § 2 of these Terms of Service.
2. Contract Language, Storage of the Contract Text
2.1 The contract language is German.
2.2 We do not store the full contract text. Before submitting the order via the online shopping cart system, the contract data can be printed or saved electronically via the browser. After the order is received, we will send the order data and legally required information for distance contracts by email, including these Terms of Service.
3. Essential Characteristics of Goods or Services
The essential features of the goods or services can be found in the respective product description.
4. Prices and Payment Terms
4.1 The prices shown in each offer and the shipping costs represent total prices. They include all price components including taxes.
4.2 No shipping costs apply.
4.3 For deliveries outside the EU, additional costs may apply that we are not responsible for (e.g. customs, taxes, bank fees), and must be borne by you.
4.4 You are also responsible for bank transfer fees when ordering from within the EU but making payment from outside the EU.
4.5 Available payment methods are listed on our website or in the offer.
4.6 Unless otherwise stated, payment claims from the contract are due immediately.
5. Delivery Conditions
5.1 Delivery conditions, delivery time, and possible delivery restrictions can be found on our website or in the offer.
5.2 If you are a consumer, the risk of accidental loss or deterioration of the goods passes to you only upon handover, regardless of whether the shipment was insured. This does not apply if you commissioned a transport company not selected by us.
6. Legal Liability for Defects
Liability for defects is governed by § 5 of these Terms of Service.
These Terms of Service and customer information were created by legal professionals and are reviewed for compliance.
For questions or concerns, contact us at: info@the-swivy.com
Last updated: April 7 , 2025