Disclaimer / Copyright / Legal Effectiveness

Disclaimer / Copyright / Legal Effectiveness:

All information provided on this website was created in my best knowledge and belief, and repeatedly checked. However, errors do occur and/or technical changes by the manufacturer are possible. SWANS Europe rejects liability of any kind, caused by the use of the provided contents, as far as no intentional or grossly negligent fault has occurred.

SWANS Europe has no responsibility for completeness, timeliness, accuracy and quality of information provided. Despite careful control, we assume no liability for the content of external links. For the content displayed on linked pages, the creator of those websites is solely responsible. The SWANS Europe GmbH hereby expressly declares that at the time of creating this homepage, certain website-links presented no illegal content in any form. On subsequent content-changes of linked sites, the SWANS Europe GmbH has no influence and is not responsible in any way.

The SWANS Europe GmbH tries its best to respect all copyrights. All brands and companies mentioned on this website, products protected by a third party or trademarks are  completely subject to the laws of the valid identification law and/or are the property of the respective registered owners. Just because of mere naming certain brands or products allows no conclusion these goods or trademarks are not protected by a third party. Should anyhow errors or rights violation occur, we would be grateful for a immediate notification.

Any content created by SWANS Europe is subject to copyrighted law. Without written permission by the SWANS Europe GmbH, its use or reproduction is not permitted.

Should parts, individual formulations, terms, names, etc. of this website not match current legal situations, are incomplete or through changes no longer up to date, the remaining parts of the document or content are still unaffected.

Privacy:

Your personal-/ business data will solely be treated by existing legal bases (BDSG and TDDSG). The input of personal or business data (email, etc.) is made expressly on a voluntary basis by the user. The SWANS Europe GmbH electronically stores the data exclusively to proceed orders, requests but also for internal management and marketing purposes. A transfer of data to third parties is limited to be used for proceeding and shipping orders (Swans dealer, parcel service, repair service, suppliers) as well as, if financing is offered, to the financing bank and the Schufa (to receive a customers creditworthiness). At any time you can refuse and disagree to the use and storage of your personal data by written notification or revoking your consent.

Of course you can request your stored data at any time:
Phone: +49 (0) 511 441 027, email: info@swans-europe.eu
For inquiries or suggestions to reach us also in these contact details.
Terms and Conditions of SWANS Europe GmbH 

Terms of Service

Section 1 - Conditions of application

Any service, offer as well as supplies made by the seller are solely based on the companies terms and conditions.

Section 2 - Contract

Retail prices and offerings shown in brochures, advertisements, etc. are without obligation. The seller faces 30 calendar days of being bound to individually prepared tenders. Sub-agreements, changes and additions to a contract have to be documented. Specifications and descriptions determined at the conclusion of the contract displayed the technical level at the time of completion and refer to the manufacturer's specifications, unless otherwise noted. The seller retains his right for design changes of supplies, unless they are not fundamentally and the conventional purpose is not substantially curtailed.

Section 3 - Prices

Sales contracts are based upon the agreed prices. These include the VAT of 19%. At the workshop repair services are calculated on time and complexity. Any known malfunction or error not being mentioned at the time of repair order, results in a loss of warranty. If the known malfunction or error (mentioned above) prevents to accomplish the repairing, the client will be charged for testing costs. The billing records for work and travel time, as well as lump-sum settlement prices of workshop-repairs will be offered and charged based upon the valid list of prices for services. Small assemblies and maintenance at field work are calculated by time and complexity. The costs include labor and travel time as well as tariff loading, excess work allowance and material-/ components-consumption.

Section 4 - delivery times

Agreed delivery dates are binding. If the seller is in default, the buyer has the right in accordance with the following provisions to resign from the contract or to call for entitlement to damages for failure to fulfill obligations. The duration of the legitimate determined period of grace has to be set by the buyer and is scheduled to 2 weeks, beginning upon receipt of notification by the seller. The buyer can claim for failure to meet demand only if the damage was caused by the seller intentionally or through gross negligence.

Section 5 - Warranty and Liability

If purchased goods are delivered defective, the seller immediately provides replacement after his choice and with exclusion of any other warranty claims by the buyer; or if necessary repairs, reworks or retouches the defective goods. Multiple rework is also permitted, as long as they are reasonable for the customer. Obvious deficiencies have to be communicated to the seller within 2 weeks after delivery in written form. The defective goods have to be kept ready in its delivered state at the moment of discovering its defect, to present them to the seller if claimed. For violation of the foregoing obligations, guarantee claims against the seller can not be asked for. If the repair or replacement after a reasonable period fails, the buyer may at his discretion ask for price reduction, compensation or rescission of the contract. The buyer's warranty claims against the seller are limited to a period of 6 months. All other manufacturer's warranties remain unaffected. Used equipment is sold with the exclusion of any warranty claims against the seller. All claims against the manufacturers of the devices remain unaffected. Damage claims against the seller and compliance-/ or execution-cooperators (i.e. workers) from impossibility of performance, for failure to comply, from a positive breach of contract, because of negligence at conclusion of contract and caused through illegitimate actions are impossible as long as the damage has not been caused intentional or by grossly negligent.

Service and Customer service takes place via the contract workshops.
Transaction and processing results from:
Swans Europe GmbH
Davenstedter Str.111, 30453 Hannover
Tel 0511-441027 Fax: 0511-441018
info@swansspeaker.de

Section 6 - Retention of property and ownership

The items sold remain in full ownership of the seller until they are paid completely. Only and until the full payment or price of the purchase is submitted, the object turns without further ado into the hands of the buyer. The buyer is obliged until full payment not to sell, rent, lease, pledge and loan the item or dispose of it in any way. He agrees to immediate indication if the item is seized or claimed by a third party. All costs caused by seizure or retentions, for delivery of the object and extrajudicial/ judicial expenses, must be reimbursed if the buyer has culpably caused the emergence of costs. The buyer commits himself, until the object has turned into his possession, to handle and clean it properly and appropriate. The risk of damage and destruction of the device is borne by the buyer.

Section 7 - Payment

Accounts from the seller for used equipment have to be paid immediately without deduction, except when otherwise stipulated in form of a written agreement. Installation and maintenance bills have to be paid immediately without any deduction after receipt of the invoice. The rejection of checks is expressly reserved by the seller; adoption takes only place on account of performance. The seller is authorized in the event of a default by the purchaser with respect to the payment of interest to add an additionally fee calculated upon the up to date commercial banks interest rate but at least 2% above the German-Bundesbank discount rate. The interest is payable immediately. The buyer is entitled to set off only if the counterclaim is undisputed legal or adopted.

Section 8 - performance, jurisdiction

Fulfillment is Hanover. Unless the buyer is a merchant who has been entered as such in the commercial register, a legal person of public law or contributes to separate assets, for any disputes arising from the treaties and related legal relationships, both parties agree to pick the court, being responsible for the seller, as location for hearings or any other juridical consequences.