General Terms and Conditions of SWM Maschinen GmbH in 74821 Mosbach

§ 1 Validity of the Terms and Conditions

These General Terms and Conditions of SWM Maschinen GmbH (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Buyer") concludes with the Seller by telephone, fax, email, online ordering process, or online contact form with regard to the goods presented by the Seller in its online shop. . Furthermore, all deliveries, services, and offers of the Seller are made exclusively on the basis of these terms and conditions. These therefore also apply to all future business relationships, even if they are not expressly agreed again. At the latest upon receipt of the goods or services, these terms and conditions are deemed to be accepted and the Buyer acknowledges the validity of these terms and conditions. The Buyer's general terms and conditions, in particular purchasing conditions, The buyer's general terms and conditions, in particular purchasing conditions, are hereby expressly rejected, i.e., they will not be recognized even if the seller does not expressly reject them again after receiving them. All agreements made between the seller and the buyer for the purpose of executing this contract must be set out in writing in this contract.
All agreements made between the seller and the buyer for the purpose of executing this contract must be set out in writing in this contract. Consumers within the meaning of the terms and conditions are natural persons with whom a business relationship is entered into without any commercial or self-employed professional activity being attributable to them.
Consumers within the meaning of these terms and conditions are natural persons with whom a business relationship is entered into without any commercial or self-employed professional activity being attributable to them. Entrepreneurs within the meaning of these the Terms and Conditions are natural and legal persons or partnerships with legal capacity with whom a business relationship is entered into and who are acting in the exercise of a commercial or independent professional activity.

§ 2 Offer and conclusion of contract

The seller's offers are subject to change and non-binding. The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller. The seller can accept the buyer's offer within five days by sending the buyer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the buyer is decisive. The period for accepting the offer begins on the day after the offer is sent by the seller. text form (fax or email), whereby the date of receipt of the order confirmation by the buyer is decisive. The period for acceptance of the offer begins on the day after the buyer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the buyer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the buyer is no longer bound by the offer. day following the sending of the offer. If the seller does not accept the buyer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the buyer is no longer bound by his declaration of intent. Declarations of acceptance and all orders require the express written or telex confirmation of the seller to be legally effective.
Declarations of acceptance and all orders require the express written or telegraphic confirmation of the seller to be legally valid. The buyer can submit the offer using the online order form integrated into the seller's online shop.
The buyer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic order process, submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the order process. Furthermore, the buyer can also submit the offer to the seller by fax, email, or online contact form. When submitting an offer via the seller's online order form, the text of the contract is stored by the seller after the contract is concluded and sent to the buyer in text form after the buyer has submitted their order.
When submitting an offer via the seller's online order form, the text of the contract is stored by the seller after the conclusion of the contract and transmitted to the buyer in text form (e.g., email, fax, or letter) after the buyer has submitted their order. The seller does not make the text of the contract available beyond this. If the buyer has set up a user account in the seller's online shop before submitting their order, the text of the contract is also stored in this account. letter). The seller will not make the contract text available beyond this. If the buyer has created a user account in the seller's online shop before sending their order, the order data will be archived on the seller's website and can be accessed by the buyer free of charge via their password-protected user account by entering the corresponding login data. and can be accessed by the buyer free of charge via their password-protected user account by entering the corresponding login data. Before bindingly submitting the order via the seller's online order form, the buyer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors can be the browser's zoom function, which can be used to enlarge the display on the screen. The buyer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click on the button to complete the ordering process. The German language is available for the conclusion of the contract. Order processing and contact are usually carried out by email. The buyer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. emails sent by the seller can be received at this address. In particular, when using spam filters, the buyer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
Drawings, photographs, dimensions, weights, or other performance data specified in the online shop, in other electronic media, printed matter, catalogs, price lists, or in other contractual documents of the seller are only approximate unless they are expressly designated as binding or expressly agreed in writing. The seller reserves the right to make changes to the design and form of the contractual item, provided that these changes do not unreasonably affect the buyer.
The seller reserves the right to make changes to the design and form of the contractual item, provided that this does not result in an unreasonable change for the buyer. The seller's sales staff are not authorized to make verbal side agreements or give verbal assurances that go beyond the content of the written contract.
The seller's sales staff are not authorized to make verbal side agreements or give verbal assurances that go beyond the content of the written contract. Partial deliveries are permitted.
Partial deliveries are permitted.

§ 3 Prices

Unless otherwise stated, the seller is bound by the prices contained in its offers for 30 days from the date of the offer. Otherwise, the prices stated in the seller's order confirmation plus the applicable statutory sales tax shall apply. Additional deliveries and services shall be invoiced separately. Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and service charges shall be invoiced separately.
Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs will be stated separately in the respective product description. The installation and/or commissioning of the machine on site is not included in the sales price, unless a different written agreement has been made with the contractual partner. The same applies to instruction and training.
The installation and/or commissioning of the machine on site is not included in the sales price, unless otherwise agreed in writing with the contractual partner. The same applies to the instruction and training of operating personnel; these services are also not included in the sales price and will be charged separately. The sales prices are, unless otherwise agreed, "ex works Mosbach" including packaging.
Unless otherwise agreed, the sales prices are "ex warehouse Mosbach" and include packaging. § 4 Delivery and performance time

§ 4 Delivery and performance time

Delivery dates or deadlines, which may be agreed as binding or non-binding, must be made in writing. Delays in delivery and performance due to force majeure and events that make delivery significantly more difficult or impossible for the seller, not only temporarily, are excluded from this.
Delays in delivery and performance due to force majeure and events that make delivery significantly more difficult or impossible for the seller on a more than temporary basis—including, in particular, strikes, lockouts, official orders, etc., even if they occur at the seller's suppliers or their sub-suppliers—shall not be the responsibility of the seller, even in the case of bindingly agreed deadlines and dates. They entitle the seller to postpone the delivery or service by the duration of the hindrance plus a reasonable start-up period. Seller is not responsible for delays in delivery and performance due to force majeure and events that make delivery significantly more difficult or impossible for the Seller, not only temporarily – including, in particular, strikes, lockouts, official orders, etc., even if they occur at the Seller's suppliers or their subcontractors. These events entitle the Seller to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up period, or to withdraw from the contract in whole or in part due to the unfulfilled part. The Buyer must be informed immediately of the occurrence of the event and its expected effects. part of the contract. The buyer must be informed immediately of the occurrence of the event and its expected effects. If the hindrance lasts longer than three months, the buyer is entitled, after setting a reasonable grace period, to withdraw from the contract with regard to the part not yet fulfilled.
If the hindrance lasts longer than three months, the buyer is entitled, after setting a reasonable grace period, to withdraw from the contract with regard to the part not yet fulfilled. If the delivery time is extended or if the seller is released from his obligation, the buyer cannot derive any claims for damages from this. The seller can only invoke the aforementioned circumstances if he informs the buyer immediately. Seller is released from its obligation, the Buyer cannot derive any claims for damages from this. The Seller can only invoke the aforementioned circumstances if it notifies the Buyer immediately. In the event of a delay in delivery or impossibility, the provisions of § 13 shall apply.
In the event of a delay in delivery or impossibility of performance, the provisions of § 13 shall apply.
The seller is entitled to make partial deliveries and render partial services at any time, unless the partial delivery or partial service is of no interest to the buyer.
Compliance with the seller's delivery and performance obligations presupposes the timely and proper fulfillment of the buyer's obligations. If the buyer is in default of acceptance, the seller is entitled to demand compensation for the damage incurred. Upon occurrence of the default of acceptance, the risk of accidental deterioration and accidental loss shall pass to the buyer.
If the buyer is in default of acceptance, the seller is entitled to demand compensation for the damage incurred; upon occurrence of the default of acceptance, the risk of accidental deterioration and accidental loss shall pass to the buyer. § 5 Right of revocation and return / Distance selling contract with revocation clause § 5 Right of revocation and return / Distance selling contract with revocation clause

§ 5 Right of revocation and return / Distance contract with revocation clause

As a consumer (§ 13 BGB), you have the right to revoke your contractual declaration within fourteen days without stating reasons in writing (e.g., letter, fax, email) or, if the item is delivered to you before the deadline expires, by returning the item. item. 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, in the case of partial deliveries, the last goods. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). To comply with the withdrawal period, it is sufficient that you send the notification of your exercise of the right of withdrawal before the withdrawal period expires. To comply with the withdrawal period, it is sufficient that you send the notification of your exercise of the right of withdrawal before the expiry of the withdrawal period. The withdrawal must be sent in writing by fax, e-mail, or post to the address stated in the legal notice. Consequences of withdrawal: If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the standard delivery offered by us), without undue delay and at the latest within 14 days of the day on which we receive your notification of withdrawal.
Consequences of withdrawal: If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we receive notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to accept the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The period is deemed to have been observed if you send the goods before the expiry of the fourteen-day period. You bear the direct costs of returning the goods. The costs are estimated at a maximum of approximately EUR 250.00. If you are unable to return the goods to us in full or in part, or only in a deteriorated condition, you must compensate us for the loss in value. The costs are estimated at a maximum of approximately EUR 250.00. If you are unable to return the received service in whole or in part, or only in a deteriorated condition, you may be required to compensate us for the value. You are only liable 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 testing their condition, properties, and functionality of the goods. This may result in you still having to fulfill the contractual payment obligations for the period until revocation. When goods are provided, this does not apply if the deterioration of the goods is exclusively attributable to their inspection—as would have been possible in a retail store, for example. Furthermore, you can avoid the obligation to pay compensation for any deterioration in the goods caused by their intended use. . Furthermore, you can avoid the obligation to pay compensation for any deterioration in the goods resulting from their intended use by not using the goods as your property and refraining from anything that could affect their value. End of the cancellation policy Your SWM Maschinen GmbH

§ 6 Delivery and shipping conditions

If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address specified by the buyer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing will be decisive. Notwithstanding this, if the payment method PayPal is selected, the delivery address specified by the buyer at the time of payment with PayPal will be decisive. order processing. Notwithstanding this, if PayPal is selected as the payment method, the delivery address provided by the buyer to PayPal at the time of payment shall be decisive. For goods delivered by a forwarding agent, delivery shall be "free kerbside," i.e., to the public kerbside closest to the delivery address, unless otherwise specified in the shipping information.
For goods delivered by a forwarding agent, delivery is "free kerbside", i.e. to the public kerbside closest to the delivery address, unless otherwise stated in the shipping information in the seller's online shop and unless otherwise agreed. If delivery of the goods fails for reasons for which the buyer is responsible, the buyer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of sending the goods. If delivery of the goods fails for reasons for which the buyer is responsible, the buyer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of sending the goods.
If delivery of the goods fails for reasons for which the buyer is responsible, the buyer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of delivery if the buyer effectively exercises their right of withdrawal. The In the event of effective exercise of the right of withdrawal by the buyer, the provisions set out in the seller's withdrawal policy shall apply to the return shipping costs. The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery.
The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to itself. This only applies if the seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due care. care to conclude a specific covering transaction with the supplier. The seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the buyer will be informed immediately and the consideration will be refunded immediately.
If the seller offers the goods for collection, the buyer may collect the ordered goods within the business hours specified by the seller at the address specified by the seller. In this case, no shipping costs will be charged. § 7 Transfer of risk

§ 7 Transfer of risk

If the buyer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the buyer as soon as the seller has delivered the goods to the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment. If the buyer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall generally only pass to the buyer upon delivery of the goods to the buyer or to a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall generally only pass to the buyer upon delivery of the goods to the buyer or to a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall generally only pass to the buyer upon delivery of the goods to the buyer or to a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall generally only pass to the buyer upon delivery of the goods to the buyer or to a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall generally only pass to the buyer upon delivery of the goods to the buyer or to a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of accidental loss and accidental deterioration of the goods sold shall generally only pass to the buyer or a person authorized to receive the goods upon handover of the goods. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall also pass to the buyer in the case of consumers as soon as the seller has handed over the goods to the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment. deterioration of the goods sold shall also pass to the buyer in the case of consumers as soon as the seller has delivered the goods to the forwarding agent, carrier, or other person or institution designated to carry out the shipment, if the buyer has freight forwarder, the carrier, or any other person or institution designated to carry out the shipment, and the seller has not previously named this person or institution to the buyer.

§ 8 Warranty / Liability for defects

The quality of the goods is based exclusively on the agreed technical delivery specifications. If the seller has to deliver according to drawings, specifications, samples, etc. provided by a partner, the seller assumes the risk of suitability for the intended purpose. The decisive factor for the contractual condition of the goods is the time of transfer of risk in accordance with § 7. For material defects caused by unsuitable or improper use, faulty assembly or commissioning by the buyer or third parties, normal wear and tear, faulty or negligent handling,
The seller shall not be liable for material defects caused by unsuitable or improper use, faulty assembly or commissioning by the buyer or third parties, normal wear and tear, faulty or negligent handling, nor shall it be liable for the consequences of improper modifications or repair work carried out without the seller's consent by the buyer or third parties. The same applies to defects that only insignificantly reduce the value or suitability of the goods. repair work carried out by the buyer or third parties without the seller's consent. The same applies to defects that only insignificantly reduce the value or suitability of the goods. With regard to the assertion and limitation of liability for material defects, the statutory provisions shall apply,
With regard to the assertion and limitation period of claims for material defects, the statutory provisions shall apply, unless an individual agreement has been made prior to the conclusion of the purchase contract to the extent permitted by law.
Unless otherwise specified in the following provisions, the provisions of the statutory liability for defects shall apply. Notwithstanding this, the following shall apply to contracts for the delivery of goods:

If the buyer acts as an entrepreneur, the seller has the choice of the type of subsequent performance. For new goods, the limitation period for defects is one year from delivery of the goods; for used goods, rights and claims for defects are excluded. The limitation period does not start again if a replacement delivery is made within the scope of liability for defects. The above limitations of liability and shortening of time limits do not apply to claims for damages and reimbursement of expenses by the buyer in the event that the seller has breached its essential contractual obligations.
The above limitations of liability and shortened periods do not apply to claims for damages and reimbursement of expenses by the buyer in the event that the seller has fraudulently concealed the defect, for goods that have been used for a building in accordance with their normal use and have caused its defectiveness, for any existing obligation of the seller to provide updates for digital products in the case of contracts for the delivery of goods with digital elements. any obligation on the part of the seller to provide updates for digital products in the case of contracts for the delivery of goods with digital elements. If the buyer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), he is subject to the commercial obligation to inspect and give notice of defects in accordance with § 377 HGB.
If the buyer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), he is subject to the commercial obligation to inspect and give notice of defects in accordance with § 377 HGB. If the buyer fails to comply with the notification obligations stipulated therein, the goods shall be deemed to have been approved. The goods must be inspected by the contracting party immediately after delivery. Any defects must be reported immediately. The goods must be inspected by the contractual partner immediately after delivery. Any defects must be reported immediately. Section 377 HGB applies, whereby the period for reporting general defects is reduced to 8 working days. The nature and extent of the defect, as well as the invoice number, must be reported in writing. Hidden defects must be reported in writing immediately, at the latest within 2 working days of their discovery. A delayed notification of defects will result in the loss of all claims – for whatever legal reason – but in particular of warranty claims under the title of warranty and/or compensation for damages. If the buyer is acting as a consumer, they are requested to report any obvious transport damage to the delivery agent and to inform the seller thereof.
If the buyer is acting as a consumer, they are requested to complain to the delivery agent about delivered goods with obvious transport damage and to inform the seller thereof. If the buyer fails to do so, this shall have no effect on their statutory or contractual claims for defects. If acceptance of the goods or an initial sample inspection has been agreed, complaints about defects that the buyer could have detected during careful acceptance or initial sample inspection are excluded.

If acceptance of the goods or an initial sample inspection has been agreed, complaints about defects that the buyer could have detected during careful acceptance or initial sample inspection are excluded. The seller must be given the opportunity to determine the reported defect. Complained goods must be returned to the seller immediately upon request. The seller shall bear the transport costs.
The seller must be given the opportunity to ascertain the defect complained about. Complained goods must be returned to the seller immediately upon request. The seller shall bear the transport costs if the complaint is justified. If the buyer fails to comply with these obligations or makes changes to the goods already complained about without the seller's consent, the buyer loses any claims for material defects. If the complaint is justified and made within the specified period, the seller shall, at its discretion, either repair the goods complained about or deliver a replacement free of defects. If the seller fails to fulfill these obligations or fails to do so in accordance with the contract within a reasonable period of time, the buyer may set the seller a final deadline in writing within which the seller must fulfill its obligations.
If the seller does not fulfill these obligations or does not do so in accordance with the contract within a reasonable time, the buyer may set the seller a final deadline in writing within which the seller must fulfill its obligations. After this deadline has expired without success, the buyer may demand a reduction in price, withdraw from the contract, or have the necessary repairs carried out itself or by a third party at the seller's expense and risk. have the necessary repairs carried out himself or by a third party at the seller's expense and risk. Reimbursement of costs is excluded if the expenses increase because the goods have been moved to another location after delivery by the seller, unless this corresponds to the intended use of the goods. The buyer's statutory rights of recourse against the seller shall only exist to the extent that the buyer has not made any agreements with his customer that go beyond the statutory claims for defects.
The buyer's statutory rights of recourse against the seller shall only exist to the extent that the buyer has not entered into any agreement with its customer that goes beyond the statutory claims for defects. Furthermore, § 8 (7), i.e. the previous clause, last sentence, shall apply mutatis mutandis to the scope of the rights of recourse. § 9 Retention of title

§ 9 Retention of title

Until all claims (including all balance claims from current accounts) to which the seller is entitled against the buyer now or in the future for any legal reason have been satisfied, the seller shall be granted the following securities, which he shall release on request at his discretion, provided that their value exceeds the claims by more than 20% on a sustained basis. The goods remain the property of the seller. Processing or transformation shall always be carried out for the seller as manufacturer, but without any obligation on his part. If the seller's (co-)ownership expires due to combination, the buyer shall be obliged to hand over the goods to the seller free of charge and to pay the seller the value of the goods.
The goods remain the property of the seller. Processing or transformation is always carried out for the seller as the manufacturer, but without any obligation on his part. If the seller's (co-)ownership expires due to combination, it is hereby agreed that the buyer's (co-)ownership of the uniform item shall pass to the seller on a pro rata basis (invoice value). that the buyer's (co-)ownership of the uniform item shall be transferred to the seller in proportion to its value (invoice value). The buyer shall hold the seller's (co-)ownership in safekeeping free of charge. Goods to which the seller is entitled to (co-)ownership are hereinafter referred to as reserved goods. The buyer is entitled to process and sell the reserved goods in the ordinary course of business, provided that he is not in default of payment.
The buyer is entitled to process and sell the goods subject to retention of title in the ordinary course of business as long as they are not in default. Pledging or transfer by way of security is not permitted. The buyer hereby assigns to the seller, by way of security, all claims arising from the resale or any other legal basis (insurance, tort) in relation to the goods subject to retention of title (including all balance claims from current accounts). The seller revocably authorizes the buyer to collect the claims assigned to the seller for the seller's account in the buyer's own name. This collection authorization can only be revoked if the buyer is in default. Seller revocably authorizes the Buyer to collect the claims assigned to the Seller for the Seller's account in its own name. This collection authorization can only be revoked if the Buyer does not properly meet its payment obligations.
In the event of access by third parties to the goods subject to retention of title, in particular seizures, the buyer shall indicate the seller's ownership and notify the seller immediately so that the seller can enforce its ownership rights. If the third party is unable to reimburse the seller for the judicial or extrajudicial costs incurred in this connection, the buyer shall be liable for these costs. third party is unable to reimburse the seller for the judicial or extrajudicial costs incurred in this connection, the buyer shall be liable for these. In the event of conduct by the buyer in breach of contract, in particular default in payment, the seller shall be entitled to take back the goods subject to retention of title or, if necessary, to assign the buyer's claims for surrender.
If the buyer acts in breach of contract, in particular in the event of default in payment, the seller is entitled to take back the goods subject to retention of title or, if necessary, to demand assignment of the buyer's claims for surrender against third parties. The seller's taking back or seizure of the goods subject to retention of title does not constitute a withdrawal from the contract. § 10 Payment

§ 10 Payment

Unless otherwise agreed, the seller's invoices are payable immediately. The various payment options are communicated to the buyer in the seller's online shop. The seller reserves the right to accept checks. The seller is entitled, despite any regulations of the buyer to the contrary, to first offset payments against the buyer's older debts. If costs and interest have already been incurred, the seller is entitled to first offset the payment against the costs, then against the interest, and finally against the principal performance. If cash on delivery has been agreed, payment is due immediately in cash without deduction upon delivery of the goods.

If cash on delivery has been agreed, payment is due immediately in cash without deduction upon delivery of the goods.
If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date. If a payment method offered by PayPal is selected, payment will be processed via the payment service provider PayPal (Europe)
If a payment method offered by PayPal is selected, payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the buyer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
If the payment method "Amazon Payments" is selected, payment processing is carried out by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe Terms of Use, available at https://payments.amazon.de/help/201751590. If the buyer selects "Amazon Payments" as the payment method during the online ordering process, they also issue a payment order to Amazon by clicking the button that completes the ordering process. If the buyer selects the "PayPal Credit" payment method (installment payment via PayPal), the seller assigns their payment claim to PayPal. Upon acceptance of the seller's assignment declaration, PayPal issues a payment order to PayPal.
If the buyer selects "PayPal Credit" (installment payment via PayPal) as the payment method, the seller assigns its payment claim to PayPal. Before accepting the seller's declaration of assignment, PayPal conducts a credit check using the buyer data provided. The seller reserves the right to refuse the buyer the "PayPal Credit" payment method in the event of a negative credit check result. The seller reserves the right to refuse the buyer the "PayPal Credit" payment method in the event of a negative credit check result. If the payment method "PayPal Credit" is approved by PayPal, the buyer must pay the invoice amount to PayPal under the terms and conditions specified by the seller, which are communicated to the buyer in the seller's online shop. In this case, the buyer can only make payments to PayPal with debt-discharging effect. However, even in the event of an assignment of claims, the seller remains responsible for general buyer inquiries, e.g., regarding the goods, delivery time, shipping, and returns. with debt-discharging effect. However, even in the event of assignment of the claim, the seller remains responsible for general buyer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, revocation declarations and returns, or credit notes.
If the "easyCredit installment purchase" payment method is selected, payment processing is carried out by TeamBank AG Nuremberg, Beuthener Straße 25, 90471 Nuremberg (hereinafter "TeamBank AG"), to which the seller assigns its payment claim. Before accepting the assignment declaration from the seller, TeamBank AG will carry out a credit check using the buyer data provided. The seller reserves the right to refuse the buyer the "easyCredit installment purchase" payment method in the event of a negative credit check result. . If the "easyCredit installment purchase" payment method is approved by TeamBank AG, the buyer must pay the invoice amount to TeamBank AG in accordance with the terms and conditions set by the seller, which are communicated to the buyer in the seller's online shop. In this case, the buyer may only make payment to TeamBank AG with debt-discharging effect. However, even in the event of assignment of the claim, the seller remains responsible for general buyer inquiries, e.g., regarding the goods. only make payments to TeamBank AG with debt-discharging effect. However, even in the event of the assignment of claims, the seller remains responsible for general buyer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, declarations of revocation and returns or credit notes. In addition, the General Terms and Conditions for easyCredit installment purchases apply, which can be found on the Internet at https://www.easycredit-ratenkauf.de/service-integration/marketingmaterial-schulung/allgemeine-geschaeftsbedingungen/. A payment is only considered to have been made when the seller has access to the amount. In the case of checks, payment is only considered to have been made when the check has been cashed.

A payment is only considered to have been made when the seller has access to the amount. In the case of checks, the payment is only considered to have been made when the check is cashed. If the buyer defaults on payment, the seller is entitled to charge default interest at a rate of 8% above the ECB base rate for entrepreneurs from the relevant date.
If the buyer defaults on payment, the seller is entitled to charge default interest at a rate of 8% above the ECB base rate for businesses and 5% above the ECB base rate for consumers from the relevant date. consumers. The seller reserves the right to prove and claim higher damages caused by default. The buyer is entitled to prove that the seller has incurred no or less damage as a result of the default. In any case, the seller may charge the statutory interest rate. If the seller becomes aware of circumstances that call into question the buyer's creditworthiness, in particular if a check is not honored or payments are suspended, or if the seller becomes aware of other circumstances, the seller is entitled to suspend the delivery of goods and/or services until the buyer has provided sufficient security.
If the seller becomes aware of circumstances that call into question the buyer's creditworthiness, in particular if the buyer fails to honor a check or suspends payments, or if the seller becomes aware of other circumstances that call into question the buyer's creditworthiness, the seller is entitled to demand payment of the entire remaining debt, even if it has accepted checks. In this case, the seller is also entitled to demand advance payments or security. checks. In this case, the seller is also entitled to demand advance payments or security.
The buyer is only entitled to offset, withhold, or reduce payments, even if complaints or counterclaims are asserted, if the counterclaims have been legally established or are undisputed. However, the buyer is also entitled to withhold payment due to counterclaims arising from the same contractual relationship. § 11 Design changes

§ 11 Design changes

The seller reserves the right to make design changes at any time; however, it is not obliged to make such changes to products that have already been delivered. § 12 Patents

§ 12 Patents

The seller shall indemnify the buyer and its customers against claims arising from infringements of copyrights, trademarks, or patents, unless the design of a delivery item originates from the buyer. The seller's indemnification obligation is limited in amount to the foreseeable damage. An additional prerequisite for the indemnification is that the seller is entitled to conduct legal proceedings. Seller's indemnification obligation is limited in amount to the foreseeable damage. An additional prerequisite for the indemnification is that the Seller is allowed to conduct legal disputes and that the alleged infringement is attributable exclusively to the design of the Seller's delivery items without connection or use with other products. The Seller has the right to choose between the following options to release itself from the obligations assumed in paragraph 1: either by
The seller has the option of releasing itself from the obligations assumed in paragraph 1 by either: a) obtaining the necessary licenses for the allegedly infringed patents, or

a) obtaining the necessary licenses with regard to the allegedly infringed patents, or
b) providing the buyer with a modified delivery item or parts thereof which, if exchanged for the infringing delivery item or part thereof, will eliminate the allegation of infringement with regard to the delivery item. § 13 Limitation of liability

§ 13 Limitation of liability

Unless otherwise specified below, any other and further claims of the buyer against the seller are excluded. This applies in particular to claims for damages due to breach of obligations arising from the contractual relationship and from tort. The seller is not liable for damages that have not occurred to the delivered goods themselves. In particular, the seller is not liable for lost profits or consequential damages. contractual obligation and tort. The seller is not liable for damage that has not occurred to the delivered goods themselves. Above all, the seller is not liable for lost profits or other financial losses incurred by the buyer. In all cases, the seller's liability is limited to the value of the goods. Claims for damages due to poor performance, defects, consequential damages, or loss of earnings due to a defect during the warranty period will not be recognized. The seller insists on the statutory right to subsequent performance of a device.
The above limitations of liability shall not apply in cases of intent, gross negligence on the part of the legal representatives or executive employees of the seller, or culpable breach of essential contractual obligations. In the event of a culpable breach of essential contractual obligations, the seller shall only be liable in cases of intent or gross negligence on the part of the legal representatives or executive employees, except in cases of intent or gross negligence on the part of the legal representatives or executive employees. breach of essential contractual obligations, the seller shall only be liable for reasonably foreseeable damage typical for this type of contract, except in cases of intent or gross negligence on the part of the legal representatives or executive employees. The limitation of liability shall also not apply in cases where, according to the Product Liability Act, the seller is liable for errors in the delivered goods for personal injury or property damage to privately used items.
Furthermore, the limitation of liability shall not apply in cases where, according to the Product Liability Act, liability exists for personal injury or property damage to privately used items in the event of defects in the delivered goods. It shall also not apply in the event of injury to life, limb, or health and in the absence of warranted characteristics, if and to the extent that the warranty was specifically intended to protect the partner against damage that did not occur to the delivered goods themselves. injury to life, limb, or health, or in the absence of warranted characteristics, if and to the extent that the warranty was specifically intended to protect the partner against damage not caused to the delivered goods themselves. If the seller's liability is excluded or limited, this also applies to the personal liability of the seller's employees, workers, staff, legal representatives, and vicarious agents.
Insofar as the seller's liability is excluded or limited, this also applies to the personal liability of the seller's employees, workers, staff, legal representatives, and vicarious agents. The statutory provisions on the burden of proof remain unaffected.
The statutory provisions on the burden of proof remain unaffected by this.

§ 14 Applicable law, partial invalidity, place of jurisdiction

These terms and conditions and the legal relationship between the seller and the buyer are governed by the law of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
Should one or more regulations in these terms and conditions or a regulation within the framework of other agreements is or becomes invalid or contains a loophole, the parties undertake to enter into negotiations to replace or supplement the invalid or incomplete regulation with one that corresponds as closely as possible to the economic purpose of the intended regulation. The validity of the remaining regulations shall remain unaffected. The place of performance and jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the registered office of the seller.
The place of performance and jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the registered office of the seller. §15 Supplementary General Terms and Conditions for easyCredit Installment Purchase

§15 Supplementary General Terms and Conditions for easyCredit Installment Purchases

Scope of application and general terms of use

Installment purchase

Installment payment via SEPA direct debit

§ 16 Alternative dispute resolution

The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved .
The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. The consumer arbitration board is responsible for resolving disputes between consumers and sellers.

General Terms and Conditions of SWM Maschinen GmbH in 74821 Mosbach

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