GTC

Terms and Conditions

1. Validity of the General Terms and Conditions

These General Terms and Conditions (hereinafter referred to as "Terms") apply to all contracts concluded by the online shop www.swingking.eu and customers who are consumers.

Consumers are any natural person who enters into a transaction for a purpose which can not be attributed to their commercial or self-employed occupation.

2. Acceptance of the GTC

The customer acknowledges these terms and conditions and agrees to them as soon as he makes an order.

3. Defense clause

The inclusion of general terms and conditions or conditions of the customer which deviate from these General Terms and Conditions is rejected, unless they are expressly recognized by Need Austria GmbH.

4. Conclusion of contract

Internet presence of Need Austria GmbH on the website www.swingking.eu

The product presentation on the website does not constitute an offer in the case. It is an invitation to the customer to make an offer himself. The customer submits the offer in the case by making the order. The confirmation of the receipt of the order is made together with the acceptance of the order immediately after the sending by an automated e-mail. This purchase confirmation has been concluded with this e-mail confirmation.

5. Ordering procedure

In the overview of the assortment of the online shop www.swingking.eu, the customer can select the desired product (s) by clicking on the "add to cart" button. The selected goods are temporarily stored in the shopping cart during the visit of the customer on the website www.swingking.eu. By clicking on the button "go to checkout" next to the goods listed in the shopping cart, the order process is continued. On the following page, the customer is requested to sign up for the online shop if he already has an account or to register again. The customer then selects the place of delivery chosen by him and the type of payment desired by him and enters the necessary data for the execution of the payment. When selecting external payment services, e.g. PayPal, the customer will be redirected to the external website of the respective payment service provider. Prior to placing the order, the relevant data for the purchase order are summarized in an "order overview". The customer is free to review and, if necessary, correct his information in the order overview before sending his order to Need Austria GmbH by clicking on the button "Send & Pay". By clicking the "Send & Pay" button, the customer makes a binding purchase offer with respect to the goods he chooses.

6. Order confirmation

After the order has been received, Need Austria GmbH will send a notification e-mail to the e-mail address given by the customer, in which the receipt of the order is confirmed and its contents are reproduced (hereinafter referred to as "order confirmation"). The order confirmation does not constitute acceptance of the customer's purchase offer by Need Austria GmbH. If Need Austria GmbH rejects the contract conclusion, the customer will be informed immediately by e-mail.

7. Save the contract text

The contract text, that is, the details of the customer for the order process, is stored by the Need Austria GmbH and can be viewed by the customer under the link "My account" à "My orders". Independent of this, Need Austria GmbH sends an order confirmation and these GTC to the e-mail address specified by the customer.

8. Right of withdrawal / revocation

You can return the goods without giving reasons within 14 days by returning the goods. For return information, click here.

Right of withdrawal

The following cancellation policy applies to contracts for goods, which can be sent as a package with the post office.

Right of revocation for goods which can be sent by parcel

As a consumer, you have the right to revoke this contract within a period of fourteen days without giving reasons. The period of revocation shall be fourteen days from the date on which you or a third party you designate, which is not the carrier, have or have had the last product.

To exercise your right of revocation, you must contact us

Need Austria GmbH

Grosspesendorf 41

A-8211 Ilztal

E-mail: office@swingking.eu

Fax: +43 3113 22727

By means of a clear statement (for example, a letter, fax or e-mail sent by mail) about your decision to revoke this contract.

You can use our sample revocation form (link sample revocation form), but this is not mandatory. In order to maintain the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of revocation

If you revoke this agreement, we will pay you all the payments we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us ) Within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we use the same payment you used in the original transaction, unless you have expressly agreed otherwise; In no case will you be charged for these repayment fees. We may refuse the repayment until we have recovered the goods or until you have proved that you have returned the goods, whichever is earlier.

You have the goods immediately and in any case no later than fourteen days from the date on which you inform us of the revocation of this contract

Need Austria GmbH

Grosspesendorf 41

A-8211 Ilztal

To return or to deliver. The deadline is respected when you send the goods before the end of the deadline of 14 days. They bear the immediate cost of returning the goods.

Contracts for the supply of goods which are not prefabricated and whose individual selection or destination is decisive for the consumer or which are clearly tailored to the personal needs of the consumer will not be revoked.

For detailed information on returns, please click here (Link Return Information)

The right of revocation does not apply to the following contracts:

8.1. Contracts for the supply of goods which are not prefabricated and whose production is subject to an individual selection or destination by the consumer or which are clearly tailored to the personal needs of the consumer,

8.2. Contracts for the delivery of goods which can quickly spoil or whose expiration date would be quickly exceeded,

8.3.Contracts for the supply of goods which are not suitable for return for reasons of health or hygiene when they have been opened or used after delivery,

8.4 Contracts for the supply of goods, if these have been mixed with other goods indivisibly on account of their nature,

8.5.Contracts for the supply of alcoholic beverages, the price of which has been agreed upon at the time of conclusion of the contract but which can be delivered at the earliest 30 days after conclusion of the contract and the current value of which depends on fluctuations on the market,

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

8.7 Contracts for the supply of newspapers, magazines or magazines, with the exception of subscription contracts.

Click here to download a sample revocation form. (Link sample revocation form)

End of revocation

9. Prices

All prices are total prices; They contain the packaging costs as well as the legal value added tax (VAT).

Prices subject to change. If the correct price is higher, contact is made with the customer; In this case, a contract is only possible if the customer wants to buy at the actual price. If the correct price is lower, this price will be charged.

10. Shipping charges

In addition to the indicated product prices are still shipping costs. You can find out more about the amount of the shipping costs in the offers.

The respective valid VAT is included in the shipping costs.

In the case of cash on delivery, the COD fee is to be paid additionally. This is not billed to the customer, but he has to pay it directly to the delivery agent.

11. Terms of delivery

Unless otherwise agreed, the delivery is made to the address specified by the customer. We also deliver at packing stations.

The estimated delivery time is indicated directly in the basket. In case of payment in advance, the delivery period begins one day after receipt of the amount on the bank account of Need Austria GmbH. In the case of payment by cash on delivery or invoice, the delivery period begins one day after the date of conclusion of the contract. In other cases, the delivery period starts one day after receipt of order.

In the event of damage to the goods during transportation, the customer shall immediately notify the carrier of the damage and claim the damage there.

Need Austria GmbH is not responsible if there are any impediments to delivery in the area of ​​suppliers or manufacturers. If delivery or compliance with an agreed delivery time is not possible due to circumstances beyond Need Austria GmbH, Need Austria GmbH is entitled to withdraw from the contract in whole or in part. Need Austria GmbH will notify the customer immediately. Compensation claims are excluded in this case. The customer is informed about existing delivery restrictions before the start of the ordering process.

12. Maturity and retention of title

The purchase price is due at the latest upon delivery of the goods.

The delivered goods remain property of the Need Austria GmbH until full payment.

13. Terms of payment

Need Austria GmbH accepts the following payment methods: prepayment, invoice, cash on delivery, direct debit, PayPal, credit card (Visa, Mastercard, American Express and Diners) and immediate transfer.

In the case of payment in advance, the customer transfers the invoice amount to the account of Need Austria GmbH within 7 days of conclusion of the contract (bank account in the order confirmation and imprint). The shipping is only after receipt of payment.

In the case of payment by bank collection, Need Austria GmbH is authorized by the customer to collect the price according to the order overview from the bank account of the customer. The customer has to ensure sufficient cover on the bank account. Changes to the bank connection must be notified to Need Austria GmbH without delay. Need Austria GmbH reserves the right to liquidate all costs resulting from non-compliance with these obligations with the customer.

In order to offer you the attractive methods of payment for bank collection and invoicing for Austria and Germany, we work together with RatePAY GmbH, Schlüterstraße 39, 10629 Berlin ("RatePAY"). If an effective purchase agreement between you and us arises when using a RatePAY payment method, we will transfer our payment request to RatePAY. When using the RatePAY payment method installment payment, we transfer our payment request to the partner bank of RatePAY GmbH.

If you choose one of the RatePAY payment methods offered here, you agree to the ratePAY GmbH as part of your order for the transfer of your personal data and for the order, for the purpose of identity and credit checks, as well as contract processing.

You will find all the details in the additional Terms and Conditions and the Privacy Policy for RatePAY payment methods that are part of these terms and conditions and will always apply when you opt for a RatePAY payment method. "

For buyers from Austria, the following additional general terms and conditions and the privacy policy for RatePAY payment methods apply. (Link RatePAY AT)

For buyers from Germany, the following additional terms and conditions and the privacy policy for RatePAY payment methods apply. (Link RatePAY DE)

In the case of payment by cash on delivery, the customer pays the COD charge directly to the deliverer. The amount of the COD charges depends on the delivery country. You will be informed about the costs before ordering.

When paying by credit card, your credit card will be debited upon completion of your order. This also happens immediately, if we have the stock not in stock and only in a few days can send.

Paypal - You pay the invoice amount via the online provider PayPal. You must be registered there. After authorization with the access data, you can confirm payment instructions to us. You'll get more information during the ordering process.

From the 3rd completed order our customers can also buy with payment by invoice.

Immediate transfer - The purchase price will be debited from your account upon completion of the order.

The statutory default rules apply. Dunning costs can be claimed from the second reminder.

14. Warranty

Unless otherwise specified, the general statutory provisions apply.

The warranty is excluded in case of defects caused by the customer. This is especially the case with improper handling, faulty operation or unauthorized repair attempts.

In the case of delivery of used goods, the warranty claims shall be subject to a limitation period of one year.

The shortened period of limitation does not apply to claims for damages by the customer due to a violation of life, body, health and other.

Damages resulting from a grossly negligent breach of duty by Need Austria GmbH or a deliberate or grossly negligent breach of duty by a legal representative or vicarious agent of Need Austria GmbH. The shortened limitation period shall also not apply to claims for damages resulting from the negligent or intentional violation of essential contractual obligations. Significant contractual obligations are obligations, the fulfillment of which allows the proper execution of the contract at all, and on whose compliance the customer may regularly rely.

If delivered articles show obvious material or manufacturing defects (also transport damages), we ask the purchaser to immediately report this to us.

Insofar as a manufacturing guarantee exists, the customer has to assert the claims resulting from this directly against the manufacturer. The liability of Need Austria GmbH from the guarantee is excluded.

15. Disclaimer of liability

Claims for damages by the customer against Need Austria GmbH are excluded, as long as Need Austria GmbH or its vicarious agents or vicarious agents did not act intentionally or with gross negligence.

The liability for damage caused by injury to life, body and health is not affected, due to negligent or intentional violation of essential contractual obligations, or to the extent that liability under the Product Liability Act or due to negligence at the conclusion of the contract or due to other breaches of duty or delict claims for damages of material damage. Significant contractual obligations are obligations, the fulfillment of which allows the proper execution of the contract at all, and on whose compliance the customer may regularly rely.

16. Right of Withdrawal, Right of Withdrawal

The customer is not entitled to set off against our claims, unless the counterclaims of the customer are legally established or undisputed. The customer is also entitled to set-off against our claims if he asserts complaints or counterclaims from the same purchase contract.

The customer may only exercise a right of retention if his counterclaim is based on the same purchase contract.

17. Data protection

Data protection provisions are included in the data protection statement.

18. Change of the General Conditions of Business / Change Reservation

We shall be entitled to unilaterally amend these General Terms and Conditions of Business to the extent that this is necessary to eliminate subsequently arising equivalency disturbances or to adapt to changed legal or technical conditions. We will inform the customer about a change by notifying the content of the amended regulations to the customer's last known e-mail address. The amendment becomes an integral part of the contract if the customer does not object in writing or text form to us within six weeks after receipt of the amendment notification of inclusion in the contractual relationship.

19. Severability clause

Should any provision of these General Conditions of Business be invalid, the validity of the remaining provisions shall remain unaffected.

20. Contractual Language

The language available for the contract is German.

21. Contractual law

Austrian law is applied to the contractual relationship.

Based on sample terms of VON ZANTHIER & SCHULZ

Additional Terms and Conditions and the Privacy Policy for RatePAY Payment Methods for Buyers

From Austria:

RatePAY-150504-ZGB-and-DSE_AT_1.6.pdf

From Germany:

RatePAY-150504-ZGB-and-DSE_EN_1.6.pdf

data protection

We appreciate your interest in our website. Protecting your privacy is very important to us. We will provide you with detailed information on the handling of your data.

Collection, processing and use of personal data

You can visit our site without giving any details about your person. We store - even if the visit takes place via newsletterlinks - only access data without personal reference such as e.g.

 - the name of your Internet service provider

 - the site from which you visit us

 - the name of the requested file

These data will be evaluated solely for the purpose of improving our offer and do not allow any conclusions to be drawn about your person.

We collect, store and process your data for the order processing of your purchase and any subsequent warranty processing as well as for advertising purposes. Personal data will be collected if you voluntarily notify us as part of your order or opening a customer account or registering for the newsletter. When you register for the newsletter, your e-mail address will be used for your own advertising purposes, until you unsubscribe from the newsletter. The deregistration is possible at any time.

Your personal data will be passed on to service providers (transporters, logists, banks) employed by us in the course of the execution of the order.

Right of access

In accordance with the Federal Data Protection Act, you have the right to free information about your stored data as well as a right to rectification, blocking or deletion of this data and the essential reasons of a creditworthiness - related unfavorable decision, the communication of the probability values, Data types used for this purpose.

E-mail advertising

If you have subscribed to the newsletter separately, your e-mail address will be used for your own advertising purposes, until you unsubscribe from the newsletter. It is possible to unsubscribe at any time without incurring other than the transmission costs according to the base prices of your access provider.

Use of cookies

We use so-called cookies on our website. Cookies (cookies, cookies) are small files that are stored on your data carrier and store certain settings and data for exchange with our system via your browser. This storage helps us to customize the website and makes it easier for you to use it, for example, by storing specific entries so that you do not have to repeat them all the time. Your browser allows you to restrict the settings for the use of cookies, which can lead to the discontinuation of our offer. Cookies can be deleted there too.

Session cookies

The session cookies (also known as sessioncookies) are deleted after closing your browser.

Long-term cookies

Cookies are used with us, which remain with you on the hard disk. The expiration time is set to a date in the future for your convenience. During a further visit, you will automatically recognize that you have already been to us and which inputs and settings you prefer. (So-called long-term cookies).

Webtracking tool

Google Analytics with the extension "anonymize IP"

This website uses Google Analytics for web analytics. This is a service provided by Google, Inc. ("Google") Google Analytics uses "cookies". The information about your use of this website (including your IP address) generated by the cookie is transferred to a Google server in the USA and stored there. Google respects the privacy requirements of the US Safe Harbor Agreement and is registered with the US Department of Commerce's "Safe Harbor" program. Google will use this information to evaluate your use of the website, to compile reports on the website activity and to provide us with further services connected with the use of the website and the Internet.

Google will also transfer this information to third parties as far as this is required by law or if third parties process this data on behalf of Google. Google will not associate your IP address with other data from Google. You can prevent the installation of cookies by setting your browser software accordingly; However, we would point out that in this case you may not be able to fully utilize all the functions of this website.

If you do not want your site visit information to Google Analytics, you can install a "disable add-on" for your browser. We also made settings that Google Analytics deletes the last part of the IP addresses of visitors to our site. This means that we do not come into the possession of data that allows us to make conclusions about your person.

Google Analytics data recovery and storage can be countered at any time with future effect by downloading a browser add-on to disable Google Analytics and installing it for your browser.

For more information, visit https://tools.google.com/dlpage/gaoptout?hl=en or go to https://support.google.com/analytics/answer/6004245?hl=en (general information about Google Analytics and Data Protection). We would like to point out that on this website Google Analytics has been extended by the code "gat._anonymizeIp ();" to ensure an anonymous detection of IP addresses (so-called IP masking). "

Google remarketing

This website uses Google Remarketing, a web-based advertising service provided by Google Inc. ("Google"). Google and third parties place ads on websites on the Internet and use cookies to advertise on the basis of previous visits by a user to our website. Google will not associate your IP address with other data from Google without your separate consent. You may disable the use of cookies by Google through an appropriate setting of your browser software by calling the https://www.google.com/policies/technologies/ads/. page and pressing the "opt-out" button. Alternatively, you can disable the use of third-party cookies by calling the network promotion initiative's disable page at http://www.networkadvertising.org/choices/. For more information about Google's policies, please visit www.google.com/intl/en/privacy.

By using this website, you consent to the use of so-called cookies and thus to collect, store and utilize usage data. Furthermore, you agree that the data will be stored in cookies beyond the end of the browser session and can be accessed again on the next visit to the website. You can revoke this consent at any time with effect for the future by refusing to accept cookies in your browser settings. For details, please refer to your browser's instructions.

Data security

Your payment data will be encrypted via the Internet in the order process. We secure our website and other systems by means of technical and organizational measures against the loss, destruction, access, modification and dissemination of your data by unauthorized persons. You should always keep your access information confidential and close the browser window when you have finished communicating with us, especially if you share the computer with others.

We store the contract text and send you the order data and our general terms and conditions by e-mail. You can always read the terms and conditions here. You can view your past orders in our customer login area.

Contact for data protection

In case of questions concerning the collection, processing or use of your personal data, in the case of information, rectification, blocking or deletion of data and the revocation of consent, please contact:

Josef Rath, MBA

Grosspesendorf 41

8211 Ilztal

Privacy@swingking.eu

Credit assessment and scoring

To the extent that you have given us your express consent, we may collect creditworthiness information on the basis of mathematical-statistical procedures at BZA AG, Bürenstrasse 3, 8558 Raperswilen. For this purpose, we transmit the personal data required for a creditworthiness check to BZA AG and use the information obtained on the statistical probability of a default in payment for a weighted decision on the justification, execution or termination of the contractual relationship. You can revoke this consent at any time with effect for the future. This may mean that we can no longer offer you certain payment options.

Revocation of consent

You may have explicitly given the following consent. We would like to point out that you can revoke your consent at any time with effect for the future.

Permission to e-mail advertising

I would like to receive regularly interesting offers by e-mail. My e-mail address will not be shared with other companies, except for real reviews (www.echte-bewertungen.com). The service of real reviews gives me the opportunity to evaluate my shopping experience in the shop. This consent

Use of Facebook Social Plugins

This website uses so-called social plugins of the social network Facebook, operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). The plugins are marked with a Facebook logo or the addition "social plug-in of Facebook" or "Facebook Social Plugin". An overview of the Facebook plugins and their appearance can be found here: http://developers.facebook.com/plugins

When you visit a page of our website that contains such a plugin, your browser will connect directly to the Facebook servers. The content of the plugin is transmitted directly from Facebook to your browser and integrated into the website.

By integrating the plugins, Facebook is given the information that your browser has called up the corresponding page of our website, even if you do not have a Facebook account or are not logged into Facebook. This information (including your IP address) is sent directly from your browser to a Facebook server in the US and stored there.

If you are logged into Facebook, Facebook can directly assign our website to your Facebook account. If you interact with the plugins, for example, press the "Like" button or comment, the corresponding information is also sent directly to a Facebook server and stored there. The information is also published on Facebook and displayed to your Facebook friends.

Facebook can use this information for the purpose of advertising, market research and design of the Facebook pages. To this end, Facebook will create usage, interest and relationship profiles, for example, to evaluate your use of our website with regard to the advertisements advertised on Facebook, to inform other Facebook users about your activities on our website and to provide further information on the Use of Facebook services.

If you do not want Facebook to associate the data collected through our website with your Facebook account, you must log out to Facebook before you visit our website.

The purpose and scope of the data collection and the further processing and use of the data by Facebook as well as your rights and settings for the protection of your privacy can be found in the privacy policy of Facebook: https://www.facebook.com/policy.php