General Terms and Conditions
Table of Contents
Scope
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping
Retention of Title
Liability for Defects (Warranty)
Limitation of Liability
Special Conditions for Processing Goods According to Customer Requirements
Redemption of Gift Vouchers
Applicable Law
Place of Jurisdiction
Alternative Dispute Resolution
Delivery Times
1. Scope
1.1 These General Terms and Conditions (“GTC”) of SwitchIT GmbH (hereinafter “Seller”) apply to all contracts for the sale of goods concluded by a consumer or business (hereinafter “Customer”) with the Seller concerning goods displayed in the Seller’s online shop. We explicitly object to any deviations by the Customer unless otherwise agreed.
1.2 For contracts concerning goods listed in printed catalogs, these GTC shall apply accordingly unless expressly stated otherwise.
1.3 These GTC shall also apply to contracts concerning vouchers unless stipulated otherwise.
1.4 Definitions:
Consumer: a natural person entering into a legal transaction primarily for personal, not business-related, purposes.
Business: a natural or legal person or a legal partnership acting in the exercise of their commercial or self-employed professional activity.
2. Conclusion of Contract
2.1 Product descriptions on the Seller’s website do not constitute binding offers but are invitations for binding offers from Customers.
2.2 Customers may submit binding offers via the online order form. After adding items to the cart and completing the process, clicking the order button constitutes a binding offer. Orders may also be placed by telephone, fax, email, or mail.
2.3 For printed catalog orders, the Customer can also use the order form and submit it by phone, fax, email, or postal service.
2.4 The Seller may accept an offer within five days:
By sending written or text-form (email/fax) order confirmation,
By delivering the goods,
Or by requesting payment.
The contract is concluded when the first of these occurs. The acceptance period begins the day after the offer is made and ends after five days. Non-acceptance within this period discharges the Customer from the offer.
2.5 Contracts concluded online are stored by the Seller and can be accessed by Customers who created an account. Contract texts are sent by email, fax, or mail.
2.6 Before submitting, Customers must verify their entries. The browser’s zoom function may assist with this.
2.7 Only German is available for concluding contracts.
2.8 Customer communication and order processing are generally carried out via email. Customers must ensure they can receive emails, including with activated spam filters.
3. Right of Withdrawal
3.1 Consumers generally have the right to withdraw from contracts within the statutory withdrawal period.
3.2 Further details are contained in the Seller’s withdrawal instruction.
4. Prices and Payment Terms
4.1 Unless otherwise stated, prices include VAT. Shipping costs are shown separately in product descriptions.
4.2 Available payment methods are listed in the online shop.
4.3 For advance payments by bank transfer, payment is due immediately after contract conclusion, unless otherwise agreed.
4.4 For purchases on account, payment is due within 7 days of invoicing. The Seller may restrict account purchase amounts and will inform the Customer.
4.5 For PayPal Invoice payments, the Seller assigns payment claims to PayPal. PayPal may perform a credit check. If declined, the Seller may refuse this payment method. After approval, the Customer has 30 days to pay PayPal.
4.6 Other PayPal payments are processed under PayPal’s terms. Contract acceptance occurs when the Customer finalizes the order.
4.7 For SEPA direct debit, funds are withdrawn once the goods leave the Seller’s warehouse, after expiration of the SEPA advance notice period. Customers must cover any bank fees from failed transactions due to insufficient funds or incorrect information.
5. Delivery and Shipping
5.1 Goods are shipped to the address provided.
5.2 If the Customer is responsible for shipping failure, they must cover costs unless withdrawal rights apply. Return shipping costs when withdrawing are subject to their withdrawal policy.
5.3 For businesses, risk transfers when goods are handed to the carrier. For consumers, risk transfers upon delivery or once the item is handed to the carrier (if the Customer arranged it and the Seller did not name the carrier).
5.4 The Seller may withdraw from the contract if it cannot fulfill delivery due to supply issues beyond its control. The Customer will be notified and refunds issued.
5.5 In-store pickup is available after notification; no shipping fees apply.
5.6 Please note: Shipping costs may vary based on carrier, weight, partial shipments, and other factors. Stated shipping costs are guidelines and may change; updates will be communicated after ordering.
6. Retention of Title
6.1 For consumers, goods remain the Seller’s property until full payment.
6.2 For businesses, ownership remains until all current claims are settled.
6.3 Businesses may resell the goods; resale claims and rights are assigned in advance to the Seller. The Seller may enforce claims only if the Customer defaults or becomes insolvent.
7. Liability for Defects (Warranty)
Statutory warranty laws apply, subject to the following:
7.1 For business Customers:
The Seller may choose the remediation method.
One-year limitation for new products.
Rights to used goods are excluded.
Replacement deliveries do not restart limitation periods.
7.2 For consumers:
Warranty claims are excluded if defects become apparent after one year from delivery; claims within one year remain valid.
7.3 Exemptions:
Applicable to building materials that caused defects,
Personal injury or damage to property,
Intentional concealment of defects.
7.4 Statutory recourse for businesses (§ 445b BGB) remains unaffected.
7.5 Merchant obligation (§ 377 HGB) applies to claims; failure to report defects means goods are considered approved.
7.6 For consumers, transport damage must be reported to the carrier and Seller immediately, without prejudice to legal rights.
8. Limitation of Liability
Seller liability is unlimited in cases of:
Intent or gross negligence.
Injury to life, body, or health.
Guarantees.
Strict statutory liability (e.g., product liability).
Otherwise, liability is limited to foreseeable contract-related damage. Key obligations include duties that make contract fulfillment possible and on which Customers rely.
The Seller is not liable beyond that, including for agents or representatives.
9. Special Conditions for Processing Goods on Customer Specification
9.1 Customers who request processing must provide all necessary materials (texts, images, etc.) in required formats and ensure usage rights.
9.2 Customers indemnify the Seller from third-party claims related to provided content, including legal costs, unless they are not at fault.
9.3 The Seller may refuse processing requests if content violates laws or good morals (e.g., extremist, racist, violent content).
10. Redemption of Gift Vouchers
10.1 Vouchers bought in the online shop are only redeemable there.
10.2 Vouchers and balances expire at the end of the third year after purchase.
10.3 Vouchers must be redeemed before completing an order.
10.4 Only one voucher per order.
10.5 Vouchers cannot be used to purchase other vouchers.
10.6 If voucher balance is insufficient, other payment methods apply for the remainder.
10.7 Vouchers are non-redeemable for cash and do not accrue interest.
10.8 Vouchers are transferable. The Seller performs debt fulfillment on voucher redemption, unless they know or negligently ignore the redeemer’s lack of authorization.
11. Applicable Law
All legal relations between parties are governed by German law, excluding UN purchase law. For consumers, mandatory consumer protections in their country of residence remain unaffected.
12. Place of Jurisdiction
For business Customers with a registered office in Germany, the Seller’s location is the exclusive jurisdiction.
If the Customer is based outside Germany, the Seller’s location also applies if the transaction is business-related. The Seller may also sue at the Customer’s address.
13. Alternative Dispute Resolution
13.1 The EU Commission offers an online dispute resolution (ODR) platform: https://ec.europa.eu/consumers/odr
13.2 The Seller is neither obliged nor willing to participate in consumer arbitration procedures.
14. Delivery Times
Delivery times are approximately 3–5 business days.
