General terms and conditions


§ 1 Scope of application and supplier

(1) The General Terms and Conditions (hereinafter referred to as "GTC") govern the sale of products by Schaukelwerk (hereinafter referred to as the "Supplier") to you, in the version valid at the time of the order.

(2) Deviating GTC of the customer are rejected.

(3) Please read these terms and conditions carefully before placing an order with Schaukelwerk. By placing an order with Schaukelwerk, you agree to the application of these Terms of Sale to your order.

(4) At www.Schaukelwerk.de we offer to sell you the following products:

Swing frames, play equipment and play towers


§ 2 Z
Conclusion of the contract

(1) Contracts on this portal can only be concluded in German.

(2) The offers are directed exclusively to end customers with a billing and delivery address in Germany and neighbouring EU countries.

For individual bulky goods items, the possible delivery addresses and the place of delivery may be restricted; the restriction is shown in the respective list price.

(3) The order is only valid for end customers with an invoice and delivery address in Germany and neighbouring EU countries.

(3) The customer must have reached the age of 18.

(4) The presentation of the goods in the online shop does not constitute a legally effective offer. By presenting the goods, the customer is merely invited to make an offer.

(5) Your order constitutes an offer to www.Schaukelwerk.de to conclude a purchase contract. The customer makes a binding offer when he has gone through the online ordering process by entering the information requested there and clicks on the "Accept offer" button in the last ordering step.

(6) The customer is only invited to make an offer.

(6) The purchase contract between the Supplier and the Customer shall only be concluded by means of a declaration of acceptance by the Supplier. This takes place on the earlier of the two dates, either sending the goods or sending a confirmation of dispatch by e-mail. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.

(7) The validity of contracts for larger than normal household quantities as well as the commercial resale of the object of purchase requires express confirmation on the part of the supplier. This refers both to the number of products ordered as part of one order and to the placing of several orders for the same product where the individual orders comprise a quantity customary in the household.

(8) Your orders will be stored by us after the contract has been concluded. If you lose your records of your orders, please contact us by email or telephone. We will send you a copy of the order details.

(9) You agree to receive invoices electronically. Electronic invoices will be made available to you by email or in the customer account on the Website. We will inform you whether an electronic invoice is available for each delivery in the Dispatch Confirmation. For more information about electronic invoices, please visit our website.


§ 3
Prices and shipping costs

(1) Our prices include the applicable statutory value added tax and do not include a flat rate or surcharge for shipping costs. The shipping surcharges vary depending on the type of delivery and item characteristics.

(2) Despite our best efforts, a small number of products in our catalogue may be priced incorrectly. We check prices when we process your order and before we charge payment. If a product is incorrectly priced and the correct price is higher than the price on the website, we will contact you before dispatching the goods to ask if you wish to purchase the product at the correct price or cancel the order. If the correct price of a Product is lower than the price we have quoted, we will charge the lower amount and send the Product to you.

(3) The prices at the time of the order will apply. If list prices are available, the prices of the list price valid at the time of the order shall apply.


§ 4
Delivery and Cancellation

(1) Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer. On the website you will find information on the availability of products sold by www.Schaukelwerk.de (e.g. on the respective product detail page). We would like to point out that all information on the availability, dispatch or delivery of a product is merely anticipated information and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options of the respective product.

(2) If www.Schaukelwerk.de discovers during the processing of your order that products ordered by you are not available, you will be informed of this separately by e-mail or by message in your customer account. The legal claims of the customer remain unaffected.

(3) Insofar as a delivery to the customer is not possible because the delivered goods do not fit through the customer's entrance door, front door or staircase or because the customer is not found at the delivery address provided by him, although the delivery date was announced to the customer with reasonable notice, the customer shall bear the costs for the unsuccessful delivery.

(4) Delivery shall be made depending on the customer's method of payment. In the case of payment in advance, delivery shall take place after the payment order has been issued to the remitting credit institution. In the case of payment by Paypal, credit card, gift card, direct debit, instant bank transfer or invoice, delivery shall take place after the contract has been concluded.

(5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract is concluded between us regarding each shipping confirmation for the products listed in the respective shipping confirmation. The contracting party is Schaukelwerk. Notwithstanding your right of cancellation, you may cancel your order for a product free of charge at any time before the associated shipping confirmation is sent to you.

(6) This right to cancel does not apply to certain product groups and services, including digital content or software, which are not delivered on a physical data carrier (e.g. on a CD or DVD), provided that the download or use (whichever is the earlier) has begun.


§ 5
Payment

(1) The customer may pay for the goods by the following methods of payment:

Instant bank transfer

Pre-payment

Payment on collection

(2) Certain methods of payment may be excluded by the supplier in individual cases

(3) The customer is not permitted to pay for the goods by sending cash or cheques.

(4) Should the Customer choose an online payment method, the Customer thereby authorises the Supplier to collect the amounts due at the time of the order.

(5) If the supplier offers payment in advance and the customer chooses this payment method, the customer must transfer the invoice amount to the supplier's account within five calendar days of receipt of the order. The supplier shall reserve the goods accordingly for five calendar days.

(6) If the supplier offers payment by credit card and the customer chooses this method of payment, the customer expressly authorises the supplier to collect the amounts due after dispatch of the partial deliveries or deliveries of goods.

(7) If the Supplier offers payment by direct debit and the Customer chooses this payment method, the Customer shall grant the Supplier a SEPA basic mandate. If a payment transaction is reversed due to a lack of funds in the account or due to incorrectly transmitted bank details, the customer shall bear the costs for this.

(8) If the customer chooses to pay by direct debit, the customer shall give the supplier a SEPA basic mandate.

(8) If the Supplier offers payment in advance and the Customer chooses this method of payment, the Customer undertakes to settle the invoice amount within 14 days of the dispatch of the goods, without any deduction of discount.

(9) Should the customer be in default of payment, the supplier reserves the right to claim damages for default.


§ 6

Set-off and right of retention

(1) The customer shall only have the right of set-off if the customer's counterclaim has been legally established or has not been disputed by the supplier.

(2) The customer may only exercise a right of retention insofar as your counterclaim is based on the same contractual relationship.


§ 7
Retention of Title

Schaukelwerk retains ownership of the goods until full payment has been made.


§ 8
Transport damages

(1) Should the customer receive the goods with obvious transport damage, the supplier shall require him to complain about this as soon as possible.

(2) If the customer fails to make a complaint, this shall have no consequences for the statutory warranty rights. The purpose of the complaint is that the supplier can assert his own claims against the carrier.



§ 9
Right of Defect

(1) If the orderer is a consumer, the warranty and liability for defects of the delivered object of purchase shall be governed by the statutory provisions: Accordingly, in addition to your 30-day return guarantee, purchasers in the European Union have warranty rights for a period of two years from the delivery of the goods and may demand the repair or replacement of the products purchased on www.Schaukelwerk.de if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you may claim a refund or reduction of the purchase price.

(2) In the case of used goods, the warranty period may be shorter than two years.

(3) If the customer is not a consumer, the defect shall be remedied by new delivery or new performance.

(4) If the customer is not a consumer, the limitation period shall be one year. This shall apply insofar as no claims for damages and reimbursement of expenses are asserted which relate to compensation for damage to body and health or to intent or gross negligence.


§ 10 Limitation of Liability (Products)

(1) The supplier shall be liable for claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations, as well as for other damages based on their intentional or grossly negligent breach of duty, or one of the legal representatives or vicarious agents of the supplier.

(2) Essential contractual obligations are obligations the fulfilment of which is necessary to achieve the purpose of the contract.

(3) The provider is liable for breaches of essential contractual obligations based on foreseeable damage typical for the contract, provided the damage was caused by simple negligence. This limitation does not apply to claims for damages by the customer based on injury to life, body or health.

(4) The provisions of the Product Liability Act shall remain unaffected.

(5) Insofar as the liability of www.Schaukelwerk.de is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.


§ 11
Revocation

(1) If the customer is a consumer, he has a right of withdrawal in accordance with the following provisions:

(2) 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, has taken possession of the goods (or the last goods, part shipment or piece in the case of a contract for several goods of a uniform order or the delivery of a good in several part shipments or pieces) or from the day of the conclusion of the contract, in the case of digital content that is not delivered on a physical data carrier (e.g. CDs or DVDs), to withdraw without giving reasons.

You have the right to withdraw from this contract within fourteen days without giving reasons.

To exercise your right of withdrawal, you must send us:

Schaukelwerk
Jörg Bremer
Geierstr. 7
53881 Euskirchen

E-mail: bremer.schaukelwerk@gmx.net

by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) about your decision to revoke this contract. You can use the model cancellation form on our website or send us another clear declaration. If you make use of this option, we will send you confirmation of receipt of such revocation without delay (e.g. by e-mail)

To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period and that you have returned the goods via our online return centre within the period defined below.

(3) Consequences of cancellation

If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within 14 days of the day on which we received notification of your withdrawal 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; in no case will you be charged any fees because of this repayment.

We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return the goods without undue delay and in any event no later than 14 days from the day on which you notify us of the cancellation of this contract to

Swinging Plant

Kiebitzstraße 27
53881 Euskirchen

Email: bremer.schaukelwerk@gmx.net

to be returned or handed over. The deadline is met if you send the goods before the expiry of the period of 14 days. You shall bear the direct costs of returning the goods.

(4) Exceptions to the right of withdrawal

You only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods that is not necessary for the inspection of the condition, properties and functioning of the goods

The right of withdrawal does not exist or expires for the following contracts:

for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery or which have been inseparably mixed with other goods after delivery due to their nature;

for the delivery of audio equipment.

for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery;

for the supply of goods which are made to customer specifications or clearly tailored to personal needs

for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded;

for services if www.Schaukelwerk.de has provided them in full and you have noted and expressly agreed before placing the order that we may start providing the service and you lose your right of cancellation on full performance of the contract;

for the supply of newspapers, periodicals or magazines, other than subscription contracts; and

for the supply of alcoholic beverages, the price of which was agreed at the time of the conclusion of the sales contract, but the delivery of which can only take place after 30 days and the current value of which depends on fluctuations in the market over which the trader has no control.


§ 12
Exclusion of the right of withdrawal

(1) The right of withdrawal does not apply to contracts

for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the consumer's personal needs;

for the supply of goods that can spoil quickly or whose expiry date would be quickly exceeded;

(2) The right of withdrawal shall expire early in the case of contracts

for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;

for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature;

for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery;


§ 13
Data protection

(1) If personal data (e.g. name, address, e-mail address) is collected, we undertake to obtain your prior consent. We undertake not to disclose any data to third parties unless you have given your prior consent.

(2) We will not disclose any data to third parties unless you have given your prior consent.

(2) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) can have security gaps. Accordingly, an error-free and trouble-free protection of third party data cannot be fully guaranteed. In this respect, our liability is excluded.

(3) Third parties are not entitled to use contact data for commercial activities, provided that the provider has given prior written consent to the persons concerned.

(4) You have the right to obtain full and free information from www.Schaukelwerk.de about the data held about you at any time.

(5) Furthermore, there is a right to rectification/deletion of data/restriction of processing for the user.

(6) Further information on data protection can be found in the separate privacy policy.


§ 14
Cookies

(1) In order to display the product range, we may use cookies. Cookies are small text files that are stored locally in the cache of the page visitor's internet browser.

(2) Numerous Internet pages and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters by which internet pages and servers can be assigned to the specific internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the person concerned from other internet browsers that contain other cookies. A specific internet browser can be recognised and identified via the unique cookie ID.

(3) Through the use of cookies, the users of this website can provide more user-friendly services that would not be possible without the cookie setting.

(4) We would like to point out that some of these cookies are transferred from our server to your computer system, whereby these are mostly so-called session-related cookies. Session-related cookies are characterised by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognise your computer system on your next visit (so-called permanent cookies).

(5) You can object to the storage of cookies, for this purpose a banner is available to which you can object/accept.

(6) Of course, you can set your browser so that no cookies are stored on the hard disk or that cookies that have already been stored are deleted again. The instructions regarding the prevention and deletion of cookies can be found in the help function of your browser or software manufacturer.


§ 15
Jurisdiction and Applicable Law

(1) Any disputes arising out of or in connection with this contract shall be governed exclusively by the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(2) The sole place of jurisdiction for orders placed by merchants, legal entities under public law or special funds under public law is the registered office of the provider.


§ 16
Closing Provisions

(1) The contractual language is German.

(2) We do not offer any products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may use www.Schaukelwerk.de only with the involvement of a parent or legal guardian.

(3) If you breach these T&Cs and we do nothing about it, we will still be entitled to exercise our rights on any other occasion on which you breach these Terms of Sale.

(4) We reserve the right to make changes to our website, rules, terms and conditions including these T&Cs at any time. Your order will be subject to the terms of sale, terms of agreement and terms and conditions in force at the time you place your order, unless a change to these terms is required by law or government order (in which case they will also apply to orders you have previously placed). If any provision of these Terms of Sale is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

(5) The invalidity of any provision shall not affect the validity of the other provisions under the Contract. Should this occur, the provision shall be replaced according to meaning and purpose by another legally permissible provision which corresponds to the meaning and purpose of the ineffective provision.

Alternative dispute resolution pursuant to Art. 14 (1) ODR Regulation and § 36 VSBG:

The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr. We are willing to participate in an out-of-court settlement procedure.