The delivered goods remain the property of SW-MOTECH until payment of the full purchase price and payment of any other outstanding claims of SW-MOTECH against the customer.
If the customer is not a consumer, the provisions on retention of title in § 6 of our GTC shall also apply. Further details on retention of title; offsetting; right of retention in the case of purchase on account can be found in § 10.
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Right of withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. To exercise your right of withdrawal, you must send us (SW-MOTECH GmbH & Co. KG , Ernteweg 7-10, 35282 Rauschenberg, Tel.: +49 (0)64 25/81 68 050, Fax: +49 (0)64 25/81 68 10, E-Mail: info@sw-motech.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the enclosed Sample withdrawal form which, however, is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of revocation If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall 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 for checking their condition, properties and functionality.
SW-MOTECH's liability for defects vis-à-vis consumers shall be governed by the statutory provisions. The warranty rights of a consumer when purchasing a used item expire one year after delivery, with the exception of claims for damages of the consumer arising from injury to life, body or health, if SW-MOTECH is responsible for the breach of duty, and liability for other damages based on an intentional or grossly negligent breach of duty by SW-MOTECH, its legal representative or its vicarious agent. If the customer is not a consumer, our GTCS shall apply exclusively to liability for defects.
If you have any questions, complaints or claims, please contact us. You can reach our customer service
under the telephone number +49 (0) 64 25/81 68-05 0 and by e-mail at info@sw-motech.com.
SW-MOTECH shall be responsible for selecting the payment methods available in each case. In particular, SW-MOTECH reserves the right to offer the customer only selected payment methods for payment.
Cash on delivery You pay the purchase price directly to the deliverer. There is an additional charge of 7.0 euros.
Credit card You enter your credit card details during the ordering process. Your card will be charged immediately after placing the order.
SEPA Direct Debit Scheme By placing your order, you issue us with a SEPA direct debit mandate. We will inform you of the date of the account debit at least one bank business day in advance (so-called prenotification). A bank business day is any working day with the exception of Saturdays, national public holidays and December 24 and 31 of each year. The account will be debited before the goods are dispatched.
PayPal In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further instructions during the ordering process. PayPal can offer registered PayPal customers, selected according to its own criteria, further payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with PayPal. You can find further information on this in your PayPal account.
Immediately by Klarna In order to be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions during the ordering process.
Apple Pay In order to be able to pay the invoice amount via the payment service provider Apple Inc, One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions during the ordering process.
Amazon Pay In order to be able to pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A. 38 avenue J.F. Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, legitimize yourself with your access data and confirm the payment instruction. The payment transaction will be carried out within one banking day of placing the order. A bank business day is any working day with the exception of Saturdays, national public holidays and December 24 and 31 of each year. You will receive further information during the ordering process.
On Account In the case of purchase on account, the claim is assigned to Adyen N.V.. As a technical service provider and service provider Adyen N.V., Germany, acts as our technical service provider and service provider for checking your creditworthiness when purchasing on account. The total invoice amount must be paid within 14 days of receipt of the the goods to the account specified on the invoice. Please note the terms and conditions for purchase on account.
Additional General Terms and Conditions (GTC) for purchase on account of SW-MOTECH GmbH & Co. KG
General information
We offer the payment method "purchase on account" for our customers. This involves an assignment of receivables to Adyen N.V., Germany (hereinafter referred to as "payment service provider").
Purchase on account is only available to consumers aged 18 and over. The purchase contract for the goods is concluded exclusively between the customer and SW-MOTECH GmbH & Co. KG. The execution of the purchase contract is also determined by the agreements that the customer makes with SW-MOTECH GmbH & Co. KG. In particular, SW-MOTECH GmbH & Co. KG responsible for general customer inquiries (e.g. about goods, delivery time, dispatch), returns, complaints, warranty claims, any contract withdrawals and credit notes. If the customer opts for purchase on account, these terms and conditions apply in addition to those agreements and the GTC that you have concluded with us SW-MOTECH GmbH & Co. KG within the framework of the purchase contract.
SW-MOTECH GmbH & Co. KG will assign the claim for payment of the purchase price against the customer to the payment service provider in order to process a purchase on account. You are hereby hereby informed of this assignment of claims. In order to discharge the debt, all payments must be made exclusively to the account specified to the customer for this purpose in the invoice. The goods shall remain the property of the payment service provider until payment has been made in full.
Adyen N.V., Germany, acts for us as a technical service provider and service provider for checking your creditworthiness when purchasing on account. Payment modalities
If the customer withdraws from the purchase contract on the basis of a special agreement with SW-MOTECH GmbH & Co. KG or due to statutory provisions, withdraws from the purchase contract, returns the goods, price reduction or has other reasons for not having to make payment in whole or in part, the payment service provider shall in this case return the claim against the customer to SW-MOTECH GmbH & Co. the customer back to SW-MOTECH GmbH & Co. KG again. With SW-MOTECH GmbH & Co. KG must then reach a final agreement on the payment or reverse the transaction.
Should any provision of these additional GTC be invalid, this shall not affect the validity of the other provisions of these GTC.
The buyer is hereby informed that personal data will be collected, stored and used and transmitted within the legally permissible framework. Further information can be found in our privacy policy, which is available on our website.
Alternative dispute resolution pursuant to Art. 14 (1) ODR Regulation and Section 36 VSBG: The European Commission provides a platform for online dispute resolution (OS), which you can access at http://ec.europa.eu/consumers/odr/ find. We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.