Terms of service
Standard Business Terms and customer information
I. Standard business terms
§ 1 Basic provisions
(1) The following terms and conditions shall apply to all contracts that you, as the supplier (Stefan Müller), have concluded with us via the website shop.schwebewerk.com, unless otherwise agreed upon in writing by the parties. Deviations or conflicting terms and conditions shall be applicable only upon our express consent.
(2) We shall only offer our goods for sale if you are a natural or legal person or a legal private company, who, when concluding a legal transaction, is running its commercial or independent business (entrepreneur). Conclusion of a purchase contract with the consumers shall be excluded.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products and/ or the provision of repair services. The key features of the goods and/ or repair services can be found in the respective quote.
(2) On placing the product or service in question on our website, we provide you with a binding offer to conclude an agreement on the online shopping cart system subject to the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
If you used an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort) to receive payments, you will either be guided to our online shop on the order summary page or forwarded to the web page of the instant payment provider.
If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then be returned to the order summary page in our online shop.
Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction.
By clicking the appropriate button to submit the order, you declare acceptance of the order in a legally binding way by which the agreement takes place.
(4) Furthermore, you can submit a binding offer (order) by telephone, email, fax or post.
The offer is accepted (and the contract therefore concluded) after ordering by telephone immediately or at the latest within 5 days by a confirmation in written form (e.g. email), which confirms implementation of the order or delivery of the goods or the provision of the repair service (order confirmation).
Should you not receive corresponding notification within this time, you are no longer bound to your order. Services, if any, already provided shall in this case be reimbursed immediately.
(5) We submit individual offers upon request, which shall be sent to you as a hard copy and which we shall be binding for us for a period of 5 days. You can accept the offer by sending us a written confirmation.
(6) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 VAT and Customs Handling for Sales
(1) Sales to Germany: For customers located in Germany, all prices listed on our webshop include the applicable VAT at the standard rate of 19%. This means that the total price you see at checkout already includes all relevant taxes.
(2) Sales to EU: For customers in other EU countries, we operate under the reverse charge mechanism for VAT. This means that we do not charge VAT on your purchase. Instead, the responsibility for VAT payment lies with you, the customer, in your local jurisdiction. You must provide your valid VAT number at the time of purchase. You are also responsible for declaring this transaction in your local VAT return as required by your country's tax regulations.
(3) Sales to UK: Following Brexit, all sales to customers in the UK are treated as exports and do not include VAT. Thus, no VAT will be charged on your order. However, as a customer located in the UK, you are responsible for paying any applicable customs duties, import VAT, or other taxes upon the arrival of the goods in the UK. The applicable HS Code for goods sold, such as cables and power adapters, is 9007.91 for the R2PWR power adapter and 8544.42 for cables. It is advisable to check with HM Revenue & Customs (HMRC) for any potential charges you may incur.
(4) Sales to Switzerland: Similar to sales to the UK, all transactions with customers in Switzerland are treated as exports and do not include VAT. Consequently, no VAT will be charged on your order. As a customer in Switzerland, you are responsible for paying any applicable customs duties and import VAT upon importation of the goods. The relevant HS Code for the products sold is 9007.91 for the R2PWR power adapter and 8544.42 for cables. We recommend consulting the Swiss Federal Tax Administration for information regarding import VAT and any applicable customs duties.
(5) Shipping and Customs Declarations: For shipments to countries outside of the EU, including the UK and Switzerland, we will provide the necessary customs documentation to facilitate the export process. Each shipment will include a CN22 or CN23 customs declaration form, depending on the value of the goods being shipped. The CN22 form will be used for shipments valued up to €425, while the CN23 form will be used for shipments valued over €425. These forms detail the contents of the package, their total value, and other relevant information required by customs authorities. As the recipient of the goods, you are responsible for any customs duties, import VAT, or additional taxes that may be incurred upon the arrival of your shipment. Please ensure that you are aware of the customs regulations and potential charges applicable in your country. The applicable HS Codes for the products sold are 9007.91 (parts and accessories - for cameras) for the R2PWR power adapter and 8544.42 (Other electric conductors, for a voltage not exceeding 1,000 V - fitted with connectors) for cables. This information is provided to assist customs authorities in the classification of the goods for import duties and taxes.
By placing an order on our webshop, you acknowledge and accept the VAT treatment as outlined above. If you have any questions regarding VAT, local tax obligations, or your responsibilities as a customer, please do not hesitate to contact our customer service team for further assistance.
§ 4 Provision of installation services
(1) If the contract includes installation, we shall be responsible for providing installation work set out in the service specification. We shall provide this work to the best of our knowledge and belief in person or via a third party.
(2) The dispatch expenses incurred are not included in the purchase price; they are separately accounted unless the delivery is promised to be free of cost. You can find more details under a correspondingly designated button on our Internet website or in the relevant offer.
(3) If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear.
(4) You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.
(5) Payment options are displayed using a correspondingly designated button on our Internet website or in the relevant offer. If no other payment period is stated on the invoice or in case of individual payment types, the payment claims from the signed contract are immediately due for payment. Discount deduction is permissible only if it expressly stated in the relevant offer or in the invoice.
§ 6 Delivery conditions
(1) The probable delivery date is stated in the respective offer. Delivery dates and terms of delivery are binding only if they have been confirmed by us in writing. With the prepayment method via transfer, the dispatch of the goods and/or the provision of the repair service does not take place until after our receipt of the full purchase price or payment sum for the repair service and the dispatch costs.
(2) If a product ordered by you is not available, contrary to expectations despite a timely completion of the relevant covering transaction, for reasons for which we are not responsible, you shall be informed about the non-availability without delay and in case of a withdrawal, the payments that have already been made by you shall be reimbursed immediately.
(3) The shipping shall take place at your risk. If you wish, the goods shall be shipped with a suitable transport insurance and the costs arising from the same shall be borne by you.
(4) Part deliveries shall be permissible and can be independently specified by you, provided this does not incur additional shipping costs for you.
§ 7 Warranty and Liability
(1) General Disclaimer: All products are sold "as is." The buyer acknowledges that they have the expertise to evaluate the products and accept them with their existing conditions.
(2) Inspection and Reporting: The buyer is responsible for inspecting the goods immediately upon delivery. Any discrepancies, defects, or non-conformance must be reported in writing within 72 hours of delivery. After this period, no claims will be accepted.
(3) Limitation of Liability: Schwebewerk disclaims all implied warranties, including but not limited to the warranty of merchantability and fitness for a particular purpose. In no event shall Schwebewerk be liable for any direct, indirect, incidental, or consequential damages arising from the use or inability to use the products sold.
(4) Exclusions: This warranty does not cover damage resulting from misuse, neglect, or improper handling of the products. It also does not cover any damage to personal property or third-party products when used in conjunction with Schwebewerk products.
(5) Applicable Law: This warranty clause is governed by the laws of Germany. Any disputes arising from this clause shall be subject to the exclusive jurisdiction of the courts in Berlin, Germany.
§ 8 Right of retention, retention of title
(1) You can exercise the right of retention only if it concerns claims from the same contract relationship.
(2) The goods shall remain our property until the full settlement of all claims from the ongoing business relation. Pledging or assigning the goods as security before the transfer of property of the reserved goods is not permitted.
(3) You can resell the goods in the proper course of business. For this, all claims that arise from the resale in the amount of the invoice price shall be assigned to us already now; we shall receive the assignment. You shall be further authorised to collect the claim. If you do not properly meet your payment obligations, we shall reserve the right to collect the claim.
(4) In the event of connecting and blending goods that are subject to retention of title, we shall acquire co-ownership in the proportion of the goods’ invoice value in relation to other processed items at the time of processing.
(5) We shall be under obligation to release securities that are due to you if and when the feasible value of our securities exceeds the claims that are to be secured by more than 10%. The choice of the securities to be released shall reside with us.
§ 9 Choice of law
The German law shall apply with the exclusion of the UN purchasing law.
II. Customer information
1. Identity of the provider
Schwebewerk
Stefan Müller
Fidicinstraße 42
10965 Berlin
Germany
telephone number: +493035512331
E-Mail: info@schwebewerk.com
2. Information regarding the conclusion of the contract
The technical steps for forming the contract and the formation of the contract, as well as the scope for correction are carried out as per the stipulation of § 2 of our General Terms and Conditions (part 1).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The entire contract wording shall not be saved by us. Before the order or request is submitted the contract information can be printed using the print function on the browser or saved electronically.
These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: 22.10.2024