1.1 These general terms and conditions (the "GTC") govern the sales contracts concluded between SWE Global SA, Unterägeri, Switzerland ("SWE Global SA"), or any of its subsidiaries, as described below (hereinafter SWE Global SA, or their respective subsidiaries, referred to as "SWE Sport") and its customers (the "Customer" or "you") for the purchase of products (the "Products") sold through the web shop "www. swe-sport.com" (the "Site") operated by SWE Global SA or any other SWE Sport distribution channel.
If you reside in Australia or New Zealand, these GTC govern the rights and obligations between SWE Global SA, Victoria, Australia and the customer.
If you reside in Brazil, these GTC govern the rights and obligations between SWE Global SA, São Paulo, Brazil and the Customer.
If you reside in Canada, these GTC govern the rights and obligations between SWE Global SA, Vancouver, BC Canada, Canada and the Customer.
If resident in China, these GTC govern the rights and obligations between SWE Global SA and the Customer.
If you reside in Japan, these GTC govern the rights and obligations between SWE Global SA and the customer.
If you reside in the USA, these GTC govern the rights and obligations between SWE Global SA and the customer.
If you reside outside the countries listed above, the GTC govern the rights and obligations between SWE Global SA and the Customer.
1.2 More information about SWE Global SA can be found on the site in the company information section (https://www.swe-sport.com/imprint/).
2. Conclusion of Contract
2.1 The presentation of products and price indications on the Site do not constitute legally binding offers, but are only non-binding invitations to place an order.
2.2 The customer's order is an offer to purchase the products listed in his order (the "Order"). All Orders are subject to acceptance by SWE Sport.
2.3 SWE Sport issues a written confirmation of acceptance of orders (the "Order Confirmation"). The formation of a sales contract between SWE Sport and the customer (the "Contract") shall take place upon receipt by the customer of the Purchase Confirmation. The purchase confirmation shall determine the subject matter and scope of the contract, also when the customer has paid for the products in advance.
2.4 SWE Sport shall be entitled to refuse an order as well as to cancel or not to carry out confirmed orders at any time without reason and without liability for the customer or any third party. If the customer has already paid for such products, SWE Sport shall reimburse the customer the full amount without interest and shall not incur any further liability to the customer.
2.5 If SWE Sport does not accept an order within the ten (10) working days set out in section 2.3, the order shall be deemed to have been rejected.
2.6 The customer acknowledges that the selling prices of the product are subject to change, i.e. prices may increase between the date of an order and the formation of a contract as set out in Section 2.3. If this is the case, the customer may refuse delivery of such products and SWE Sport will refund, if already paid, the purchase price of such products, (also in cases where the customer's credit card account, indicated by the customer, has already been charged), without any interest; any further claims are excluded.
2.7 Changes to the order or cancellations requested by the customer shall only be deemed valid if confirmed in writing by SWE Sport. Costs already incurred by SWE Sport may be charged to the customer.
3. Price and terms of payment
3.1 The prices payable by the Customer are the prices in the currency indicated and in force at the time of acceptance of the order by SWE Sport in this section 2.3.
3.2 The prices indicated on the Site include value added tax, but exclude shipping costs (where applicable) and import duties (where applicable). Further information on shipping can be found on our website in the shipping, tracking and delivery section of the Frequently Asked Questions (https://www.swe-sport.com/faq/).
3.3 SWE Sport reserves the right to change, limit or cancel any special offer or discount at any time.
3.4 Payments can be made by credit card, Apple Pay or PayPal. In some countries, payment can be made against invoice or by instant bank transfer via Klarna or Billpay. You can find more information about the payment methods accepted by SWE Sport on the website in the payment, refunds and promotions section of the Frequently Asked Questions (https://www.swe-sport.com/faq/).
3.5 SWE Sport will charge credit or debit cards at the time of dispatch of the products ordered. SWE Sport reserves the right to verify credit or debit card payments prior to acceptance of the order.
3.6 In the event of default of payment, SWE Sport shall be entitled to suspend all or part of further deliveries to the Customer without notice until payment has been received or secured.
3.7 If the Customer resides in the EU, the payments will be processed through myPOS World Ltd., London, United Kingdom.
4.1 Delivery methods and the expected delivery time of the products may differ from country to country and are indicated on the website in the Shipping, Tracking and Delivery section of the Frequently Asked Questions (https://www.swe-sport.com/faq/).
4.2 Unless expressly stated in writing by SWE Sport, the delivery times indicated by SWE Sport are only to be considered as a reference and are not binding, despite having been indicated to the best of SWE Sport's knowledge and belief. If the delivery is delayed beyond the date explicitly confirmed in writing by SWE Sport, the customer may grant a period of grace of at least fifteen (15) working days. After expiry of the period of grace, the customer may withdraw from the respective order. Any further claims shall be excluded.
4.3 SWE Sport shall be entitled to make partial deliveries and the customer shall accept partial deliveries.
4.4 No guarantee is given for all technical data and information on the scope of delivery. SWE Sport shall not be liable for damages that may arise as a result of such deviations.
4.5 In the event that the Customer notices at the time of delivery that the ordered products have been damaged during transport, the Customer shall notify the employee of the carrier delivering the order and shall contact SWE Sport's customer service at firstname.lastname@example.org.
5. Risk and retention of title
5.1 Unless otherwise agreed between the parties, the risk of loss of or damage to the products shall pass to the customer upon conclusion of the contract between SWE Sport and the customer.
5.2 All products shall remain the property of SWE Sport until the customer has paid in full all amounts payable to SWE Sport under any contract, including any costs incurred. SWE Sport may register its title in the respective title retention register, if any. The customer may not sell, dispose of or encumber any proceeds before full title has passed to the customer.
6. Return and Exchange
6.1 The Customer may withdraw from the contract and return the delivered product to SWE Sport for any reason, provided that the Customer has notified SWE Sport in writing within thirty (30) calendar days from the date of delivery.
6.2 To notify SWE Sport of such return request and initiate the return process, the Customer shall follow the process as described on the Website in the Returns and Exchanges section of the Frequently Asked Questions (https://www.swe-sport.com/faq/).
6.3 The product must be returned to SWE Sport in its original condition, i.e. undamaged, unused, clean and in its original sealed packaging.
6.4 Once the customer has notified SWE Sport of its intention to cancel the contract and return the products in accordance with sections 6.1, 6.3 and above, any amount owed by SWE Sport will be refunded within thirty (30) calendar days after receipt of the returned Product at SWE Sport's warehouse.
6.5 The Customer may exchange the ordered Product for another Product under certain conditions at SWE Sport's discretion and as further described on the Website in the Returns and Exchanges section of the Frequently Asked Questions (https://www.swe-sport.com/faq/). The exchange is always subject to stock availability. The product to be exchanged must be returned in accordance with SWE Sport's return policy set out in sections 6.1, 6.4 and above.
7.1. In the event of defects resulting from production or material errors, SWE Sport shall provide the customer with a replacement product free of charge. All other rights or warranty claims are hereby expressly excluded. The customer's obligation to inspect the goods and to declare that there are any defects, together with the warranty period, is based on statutory regulations. Product information (descriptions, videos, pictures, etc.) do not constitute any guarantee of certain properties. The transfer of warranty claims is excluded.
7.2. In order to exercise the right to a warranty claim, the customer must complete the claim form with all necessary information and send it together with the required evidence (https://www.swe-sport.com/warranty-claims/). All claims will be assessed on a case-by-case basis. All SWE Sport products have a service life depending on the model, the materials used and the individual use of the product. The warranty does not extend to defects due to incorrect adjustment, normal wear and tear, exceeding the life of the product or damage caused by improper, incorrect or negligent use or modifications to the product. Furthermore, the warranty does not cover defects in products that have not been ordered on the SWE Sport website.
8. Limitation of Liability
8.1 SWE Sport shall only be liable for direct damages and only if the customer can prove that SWE Sport, its assistants or third parties following SWE Sport's instructions have committed gross negligence or acted with unlawful intent. In any case, SWE Sport's liability shall be limited to the purchase price of the relevant product under the contract.
8.2 Any further liability of SWE Sport, its vicarious agents or any third party following SWE Sport's instructions, for damages of any kind, in particular for loss of production, loss of use, loss of orders, loss of profit or any other indirect or consequential damages, is hereby excluded.
9. Data protection
9.1 SWE Sport cumple con todas las leyes de protección de datos y utilizará los datos personales del Cliente únicamente como se establece en la Política de privacidad de SWE Sport (https://www.swe-sport.com/privacy-policy/).
10.1 SWE Sport may transfer, assign or subcontract all or any of its rights and obligations under these GTC and any contract. The Customer may not subcontract, assign or transfer any of its rights or obligations under these GTC or any contract without the written consent of SWE Sport.
10.2 Failure by SWE Sport to enforce at any time any provision of these GTC shall in no way be construed as a waiver of such provision, nor shall it in any way affect the validity of the GTC or any rights under them.
10.3 SWE Sport shall not be liable for its failure or delay in performing its obligations under these GTC to the extent that such failure or delay is due to reasons beyond its control (including but not limited to flood, storm, fire, earthquake, pandemic, war, terrorism, governmental restrictions, strikes, etc.).
10.4 If any provision of these GTC is found to be invalid, illegal or unenforceable, the remaining provisions shall not be affected or impaired in any way. SWE Sport and the customer will agree on a legally permissible replacement provision, which is as close as possible to the provision found to be invalid, illegal or unenforceable, and which achieves the effects of the original provision as closely as possible.
10.5 The customer waives the right to set off any claims against SWE Sport.
10.6 SWE Sport reserves the right to amend these GTC at any time. The GTC in force at the time the customer places his order shall apply.
11. Applicable law and jurisdiction
11.1 There will be no correspondence in connection with this Event or the Terms. SWE Sport has the right to cancel or suspend the Event at any time without notice and without giving any reason.
11.2 SWE Sport reserves the right to change or amend the Terms at any time.
11.3 The Event and the Terms shall be governed by the law of Switzerland without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
11.4 The exclusive place of jurisdiction for all disputes and claims is Zug in Switzerland.
Key Elements of General Terms and Conditions and Privacy of the online retailer in Integration with Klarna / Billpay and its Corporate family
A. Key elements to be included in the Retailer's General Terms and Conditions.
§ 1 Forms of payment
(1) Purchase on account
When purchasing on account, the invoiced amount shall be transferred to the account of our external partners at the latest on the calendar day indicated on the invoice. Purchase on account does not apply to all offers and requires a satisfactory credit check by Klarna or its group company Billpay GmbH (hereinafter also referred to as Billpay). After the credit check of an order, if the customer has been approved for the purchase on account, the payment will be processed in cooperation with Billpay GmbH, to whom we will forward payment claims after completion of a sales contract. With payment on account via Billpay, we remain responsible for general customer enquiries (e.g. for goods, delivery time, dispatch), returns, complaints, withdrawal declarations and withdrawal or credit memo requests. The General Terms and Conditions of Billpay GmbH apply.
In the event that you fail to meet your payment obligations after your payment period has expired and without any prior notice, you will be in default and will be charged default interest of 8 %. Billpay reserves the right to charge for each payment reminder a reminder fee of up to CHF 30.00, as well as other fees, in particular the costs of a possible debt collection process. Furthermore, Billpay may, in the future, refuse to offer payment methods for sales contracts, including those with other merchants. The General Terms and Conditions of Billpay GmbH apply.
§ 2 Limitation of ownership; indemnification; right of retention
(1) With regard to consumers, we reserve the right of ownership of the purchased item until the invoice is fully paid. If you are an entrepreneur or self-employed person, a legal entity under public law or a public sector fund, we reserve ownership of the purchased item until all outstanding claims from business transactions with you have been settled. The relevant security interests can be transferred to third parties.
(2) You may only exercise your right of set-off if your counterclaims have a legal basis or are recognised or accepted by us. Furthermore, you only have a right of retention insofar as your counterclaim is based on the same contract.
(3) In the event that the customer owes us any overdue payments, all outstanding accounts receivable shall become due immediately.
§ 3 Identity and credit verification through Billpay's selection of payment methods
When you choose a payment method offered by our partner Billpay GmbH, you will be asked during the payment process to give your consent to provide the data necessary for payment processing as well as for identity and credit checks carried out by Billpay. Once you have given your consent, your details (first and last name, street, house number, postcode, city, date of birth, telephone number and bank account details for direct withdrawal) and other data associated with your order will be transmitted to Billpay.
In addition, Billpay uses a third party for settlement and fraud prevention when necessary. The information obtained from this third party is encrypted so that the stored data is only accessible by Billpay. This data will only be used when you select a payment option in cooperation with Billpay, otherwise the data will be automatically deleted after 30 minutes.
Digital Gift Cards
Terms of Digital Gifts Cards
1. Digital Gift Cards can be redeemed at swe-sport.com in the country and currency in which they were purchased. The amount of your digital gift card cannot be exchanged for cash, nor can it be used to purchase another digital gift card.
2. SWE Sport digital gift cards may have an expiry date.
3. The remaining amount of a digital gift card can be viewed online:
4. If you return a product purchased with a digital gift card, the amount will be refunded to the gift card used or credited to a new digital gift card. If you return a product purchased with multiple digital gift cards, the refund will be credited to the last gift card purchased or to a new digital gift card. If you return a product purchased using multiple payment methods, the refund will first be credited to the payment method(s) used in the transaction. The remaining amount of the refund will be credited to the Digital Gift Card or a new Digital Gift Card.
5. Digital gift cards will not be replaced in the event of loss, theft or damage. SWE Sport is not responsible for missing amounts on digital gift cards due to theft or fraud.
6. SWE Sport reserves the right to refuse, cancel or hold digital gift cards and orders for review if there is suspicion of fraud, incorrectly issued coupons with incorrect values or other violations of the guidelines applicable to digital gift cards.
Unless otherwise defined in the special conditions of the event described on the event website or stated at or in connection with the event itself (the "Special Conditions"), all persons over the age of 16 are eligible to participate in the event (the "Event").
Participation in the Event is free of charge and does not require the purchase of any products or services. By participating, you accept the Special Terms and these general terms of participation (the "TGPs"; together, the Special Terms and the TGPs are referred to as the "Terms") fully and unconditionally.
SWE Sport reserves the right to refuse participation in the Event to any participant without providing any reason.
By participating in the Event, you consent to interviews, photographs, audio recordings, video recordings or any other recordings (the "Recordings") and their disclosure, publication, display or reproduction for use in news stories, webcasts, for promotional purposes, television broadcasts, advertising, inclusion on websites, social media or otherwise (the "Broadcasts") by SWE Sport and its affiliates.
The recordings may be used to promote similar events in the future, highlight the event and showcase SWE Sport's (or any of its partners') capabilities. You release SWE Sport and all persons involved from any liability, and waive all rights you may have to any claims for payment or royalties in connection with the Recordings and/or the Broadcast (including any claims relating to the taking, recording, digitisation or publication and use of the Recordings).
SWE Sport is not responsible for any damage, loss, liability, injury or disappointment incurred or suffered by a participant as a result of registration or participation in the event.
Nothing in these terms excludes SWE Sport's liability for fraud or fraudulent misrepresentation or for death or personal injury caused by SWE Sport's negligence.
You agree to indemnify, defend and hold harmless SWE Sport in relation to any loss, expense, liability, damage, claim (including reasonable attorneys' fees) that a third party may claim as a result of any negligence, willful misconduct or omission on your part.
You acknowledge that participation in the Event may involve certain risks. By agreeing to the Terms, you confirm that you are adequately insured and that you have accident insurance.
There will be no correspondence in connection with this Event or the Terms. SWE Sport has the right to cancel or suspend the Event at any time without notice and without giving any reason.
SWE Sport reserves the right to change or amend the Terms at any time.
The Event and the Terms shall be governed by the law of Switzerland without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. The exclusive place of jurisdiction for all disputes and claims is Zug in Switzerland.
- The form, nature and functionality of the Website may change from time to time without notice. In addition, we may temporarily or permanently cease to control the Website or any features within the Website to you or to users generally at any time and we may not be able to give you prior notice.
- We reserve the right at any time (but shall have no obligation to do so) to delete or refuse to collect any personal information or data and to suspend or terminate users and close their user accounts. To the extent we deem necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigations of potential violations thereof, (iii) detect, prevent or address suspected fraud, security breaches or technical issues, or (iv) protect the rights, property or safety of SWE Sport, its users or the public, we reserve the right to access, read, preserve and disclose any related personal information or data. Accounts that are inactive for more than [twelve months] may be deleted without notice. You agree that these Terms will survive even after your account is terminated or you have stopped using the website.
- You are responsible for safeguarding the password you use to access your account and for any actions taken in using your password. SWE Sport urges you to use "strong" passwords (i.e. passwords that combine upper and lower case letters, numbers and symbols) and to use a minimum of 6 characters for a password. Any liability for any damages arising from your failure to comply with these requirements is excluded. Should you forget your password, please use the password reset function on the login screen.
- There are limitations on the use of the website. These limitations comply with legal requirements and are intended to protect our users from any abuse that may arise and to make use of the website the best possible experience for everyone. We may need to change these rules from time to time and we reserve the right to do so. Any abuse of our website will not be tolerated. Any violation of these rules may result in a temporary or permanent suspension or deletion of your account.
- Unlawful Use: You shall not use the website or any information or personal data provided for any unlawful purpose or to promote unlawful activities. International users must comply with all applicable local laws regarding online conduct and acceptable content.
- Unauthorised Access: You shall not do any of the following while accessing or using the Website: (i) access, tamper with or use non-public areas of the Website (except for your own account) on our suppliers' computer systems or technical delivery systems; (ii) probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) attempt to access or search the Website for any information or personal data by any means (automated or otherwise) other than through our published interfaces available to us; or (iv) interfere with, disrupt, or attempt to interfere with, the access of any user, host or network.
- No Reproduction: You may not reproduce, duplicate, copy, sell, trade or resell the content of the Website or its design and appearance or any information derived from the Website. You shall not have the right to modify or redistribute the Website content, its design and appearance, any information or reproduce, store or link to it on any other website or in any other medium and format without our prior express consent. In addition, you may not use the website, under any circumstances, for commercial exploitation.
- No malicious software and content: You must not introduce any malicious content that is intended to damage or disrupt another user's browser or computer or compromise the privacy of any user.
- Respect for the privacy of others: You shall not disclose the personal data of others without their prior express consent.
- All copyright, trademark, design, database right, patent and other intellectual property rights, title and interest in and to the Website shall remain the exclusive property of SWE Sport and its licensors. Elements of the website, including but not limited to the general design and images, are protected by copyright, trademark, design, database right, patent and other laws relating to intellectual property rights of both Switzerland and foreign countries. Without our prior written consent, nothing in these Terms gives you any right to use the SWE Sport name or any of SWE Sport's trademarks, logos, domain names or other distinctive brand features. You have no right to use the content of the Website for commercial exploitation under any circumstances. In the event that you breach the terms of this provision, SWE Sport shall be entitled to claim damages against you, which shall include, without limitation, the right to claim direct, indirect or consequential damages and lost profits.
- While we endeavour to ensure the accuracy of the information or personal data provided, to the fullest extent permitted by applicable laws, neither SWE Sport nor any of its directors, officers, employees, agents, partners, affiliates and licensors can be held liable for any act or omission relating to or error in the information or personal data or for any loss or damage that may subsequently arise.
- Any information or personal data transmitted through the website will pass through public telecommunications networks. While SWE Sport uses reasonable efforts to protect the operation of the Website and any transmission of personal information or data, SWE Sport makes no representations, warranties or undertakings that the operation of the Website or any transmission of personal information or data will be uninterrupted, secure or error-free.
- SWE Sport provides the content and functions of the website and any information in good faith, but your access to and use of the website is at your own risk. SWE Sport operates the website "as is" and "as available" without representation or warranty of any kind, either express or implied, including, but not limited to, merchantability, fitness for a particular purpose, uninterrupted, secure or error-free availability or non-infringement of copyrights, trademarks, designs, database rights, patents or other intellectual property rights in the jurisdiction in which you access or use the website. SWE Sport makes no representation, warranty or undertaking as to the completeness, accuracy, currency, security or reliability of the website, or that the information provided is of satisfactory quality, up to date or free from viruses, Trojan horses or other harmful or malicious programs. SWE Sport shall not be liable for any damage to your computer system, loss of data or other damage resulting from your access to or use of the website or from the deletion or failure to store or transmit any data, information and other communications.
- SWE Sport and its directors, officers, employees, agents, partners, affiliates and licensors shall not be liable in any way for any decisions you may make based on your use of the website or the consequences of such decisions, including whether communicated through the website or use of other SWE Sport services, or for any information and personal data provided and, to the maximum extent permitted by applicable law, shall not be liable for any loss or damage, whether direct, indirect, incidental, special, consequential or punitive, including, without limitation, loss of profits, data, use, goodwill or other intangible losses, resulting from (i) your access to or use of, or inability to access or use, the Website, (ii) the use of any information, and (iii) any unauthorized access, use or alteration of your transmissions of information or personal data, in each case as they may arise and whether in contract, tort or any other legal basis, foreseeable or otherwise and whether or not SWE Sport has been advised in advance of the possibility of such damages. To the fullest extent permitted by applicable law, you hereby waive any claim you may have or acquire against SWE Sport or any of its directors, officers, employees, employees, agents, partners, affiliates and licensors, and shall indemnify and hold SWE Sport and any of its directors, officers, employees, agents, partners, affiliates and licensors harmless from and against any and all claims, proceedings, costs, damages and losses arising out of or in connection with your use of the website or the information or personal data provided.
- SWE Sport's failure to enforce any rights or provisions of these Terms shall not be deemed a waiver of such rights or provisions.
- You are only permitted to access the Website if you are entitled to enter into a binding contract with SWE Sport and you are not a person barred from accessing the Website under applicable law. You agree to access the Website only in accordance with these Terms and all applicable rules and regulations. The Website is not directed to any person to whom (by reason of nationality, residence or otherwise) the publication or availability of the Website is prohibited. Persons to whom such restrictions apply must not access the Website. If you choose to access the Website, you are solely responsible for compliance with applicable laws.
- These Terms and your use of the Website shall be governed in all respects by substantive Swiss law. Any dispute arising out of or in connection with these Terms or your use of the Website shall be subject to the exclusive jurisdiction of the ordinary courts in Zug, Switzerland, and you consent to such jurisdiction and venue in such courts and waive any objection as to inconvenient forum.
- We may revise these Terms from time to time. The most current version will be available on our website (https://www.swe-sport.com/). The revised Terms will be effective as of the date of posting on the Website. By continuing to access the Website after such revisions become effective, you agree to be bound by the revised Terms.