Terms and Conditions
1. Scope of application
For all orders via our online store by consumers and entrepreneurs, the following terms and conditions apply. For Germany applies:
Consumers are in accordance with § 13 BGB any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity. For Austria: In the following terms and conditions, "consumer" shall be understood as "consumer" within the meaning of the Consumer Protection Act (KSchG). For Switzerland: In the following terms and conditions, "consumer" shall be understood as "consumer" according to Swiss law. Entrepreneurs are all natural and legal persons who are not consumers. The following shall apply to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
2. Contracting party, Conclusion of contract, Correction possibilities
The sales contract is concluded with Swissmobilia GmbH.
By placing the products in the online store, we make a binding offer to conclude a contract for these articles. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction tools provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
3. Contract language, contract text storage
The language(s) available for the conclusion of the contract: German, English, French
We store the contract text and send you the order data and our terms and conditions in text form. You can view the contract text in our customer login.
4. Delivery conditions
In addition to the stated product prices, shipping costs may be incurred. You can find out more about shipping costs in the offers.
We deliver only in the dispatch way. A pickup of the goods is unfortunately not possible.
In our store, the following payment methods are generally available:
If you choose the payment method prepayment, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.
When placing your order, you provide your credit card details.
Your card will be charged immediately after submitting the order.
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 placing the order. You will receive further instructions in the order process.
giropay / paydirekt
In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M ("giropay" or "paydirekt") we offer the payment methods giropay and paydirekt.
In order to pay the invoice amount via giropay, 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 in the order process.
To pay the invoice amount via paydirekt, you must have a bank account activated for online banking, be registered with paydirekt, identify 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 in the order process.
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 executed within one banking day after placing the order. You will receive further instructions in the order process.
The invoice amount is due 14 days after receipt of the invoice and the goods by bank transfer to the bank account specified in the invoice. We reserve the right to offer the purchase on account only after a successful credit check.
6. Right of revocation
Consumers are entitled to a right of revocation as described in the revocation instructions. Entrepreneurs are not granted a voluntary right of withdrawal.
7. Reservation of proprietary rights
The goods remain our property until full payment. For customers domiciled in Switzerland, we are entitled to make a corresponding entry in the retention of title register. For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You shall remain authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. Transport damages
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
9 Warranty and guarantees
9.1 Liability for defects
The following shall apply to consumers domiciled in Germany and Austria: The statutory law on liability for defects shall apply.
The following shall apply to consumers domiciled in Switzerland: They shall inspect the quality of the goods received as soon as this is feasible in the ordinary course of business and, in the event of defects for which the Seller is liable, shall notify the Seller immediately. If the consumer fails to do so, the purchased item shall be deemed to have been accepted, unless the defects were not apparent during the normal course of business. If such defects are discovered later, the notification must be made immediately after discovery, otherwise the item shall be deemed approved also with regard to these defects. Send the defective product back to us with a description of the defect. You shall bear the transport costs incurred. We provide warranty by rectifying defects. This is done at our discretion either by remedying the defect (rectification) or delivery of a defect-free item (replacement). If the subsequent performance fails, you are entitled to withdraw from the contract. This does not apply in the case of insignificant defects. A right to price reduction is excluded.
The following shall apply to entrepreneurs and merchants: Unless otherwise expressly agreed below, the statutory liability for defects shall apply. The following restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in case of injury to life, body or health
- in case of intentional or grossly negligent breach of duty as well as fraudulent intent
- in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations)
- within the scope of a guarantee promise, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
Restrictions vis-à-vis entrepreneurs Vis-à-vis entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected. Regulations vis-à-vis merchants Among merchants, the duty of inspection and notification of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to make the notification regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.
9.2 Warranties and customer service
Information on any applicable additional warranties and their exact terms and conditions can be found with the product and on special information pages in the online store.
Customer service: You can reach our customer service for questions, complaints and claims on weekdays from 9:00 a.m. to 6:00 p.m. by phone at 49 911 148 888 00 and by e-mail at firstname.lastname@example.org.
10. Code of conduct
We have submitted to the following codes of conduct:
- Trusted Shops
11. Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here.
We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
12. Final provisions
If you are an entrepreneur, then German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.