Terms and Conditions

The following General Terms and Conditions of Business ("GTC") form the basis of all contracts concluded for the purchase of goods/products via the website www.swivelbird.com („Online Shop"). 

The contractual partner with regard to the business relationship established by the purchase of goods/products via the online shop is, on the one hand, Katrin Schober, Magdalenenstraße 2/13, 1060 Vienna (hereinafter " Swivelbird ", "Seller" or „we“) and, on the other hand, the consumer (“Consumer“, „Customer" or "you"). 

Purchase contracts via the online store shall be concluded by the Seller exclusively on the basis of the present General Terms and Conditions in the version valid at the time of the order.

The online store is aimed at consumers. A consumer is basically any natural person who concludes a contract for a purpose that cannot be attributed to his or her commercial, business, craft or (self-employed) professional activity.

Ordering process and conclusion of contract

All offers in the online store are subject to change. The product portfolio in the online store is intended as a general overview. The presentation of the products in the online store does not constitute a legally binding offer, but merely an invitation to submit a contractual offer. The customer only places a binding order for the selected goods by clicking the "Buy now" button at the end of the ordering process. After submitting the order, the customer will receive an email from Swivelbird which confirms receipt of your order ("order confirmation").

The purchase contract for the ordered goods is only concluded when the goods are dispatched or the email confirms the dispatch of the goods, whereby the earlier point in time must be taken into account.

In any case, Swivelbird reserves the right to refuse the order even after the order confirmation has been sent in the event of delivery problems, lack of availability of goods or other exceptional circumstances.

Registration 

The customer has the possibility to create a customer account in order to save the input of her data for future purchases. In the customer account, certain information, in particular in connection with orders placed, can also be viewed. If the Customer has created a Customer Account, she or he can access it at any time by entering her email address and personalized password . However, it is not necessary to register a customer account in the course of placing an order.


Prices and shipping costs

All prices and refunds are denoted in € and include the statutory sales tax and exclude any shipping costs. The seller reserves the right to change prices at any time. Import and related costs, such as customs duties to be paid, shall be handled and borne by the Customer.

In addition to the stated prices, the seller charges shipping costs for the delivery. The shipping costs depend on weight and place of delivery and are communicated in the checkout.

Although Swivelbird endeavors to ensure that all prices displayed on the website are correct, incorrect price information may, under certain circumstances, occur. If Swivelbird discovers an incorrect price quotation after receiving your order, we will inform you of this and enable you to confirm the order at the correct price or to cancel the order. If you do not confirm the order within 7 days at the correct price communicated, Swivelbird will consider the order to be withdrawn.

Swivelbird is not obliged to sell goods at an incorrectly displayed price

Payment modalities and default of payment

The customer can choose from the available payment methods within the framework of the order process.  If third-party providers are commissioned with the payment processing, their general terms and conditions shall apply. Payment can be made either by "credit card" (Visa, MasterCard or American Express) or by "PayPal".

If the customer is in default of payment, the seller is entitled to claim the statutory default interest. The obligation of the customer to pay default interest does not exclude the assertion of further damages caused by default by the seller.


Delivery and transfer of risk

The goods will be delivered to the delivery address that the customer has specified in the ordering process. Delivery of the Products to the Customer shall be made exclusively to delivery addresses within Europe. Delivery to parcel stores is excluded. Costs incurred by a possibly necessary return to the seller due to the entry of a parcel store address are not covered by the original shipping costs and are to be borne by the customer. More detailed information on the respective shipping service providers used will be provided to the customer during the ordering process via the online store. 

The risk of loss or damage to the goods is transferred to the customer when the goods are handed over to the supplier.

Swivelbird endeavors to adhere to the expected delivery times specified in the shipping confirmation; in any case, the ordered goods will be delivered to the delivery address specified by the customer within a maximum of 30 days from the conclusion of the contract, provided there are no exceptional circumstances.

Retention of title

The goods remain the property of Swivelbird until they have been paid for in full. Until then, the customer shall bear the full risk in all respects for any goods entrusted to it prior to payment of the purchase price, in particular also for the risk of accidental destruction, accidental loss and accidental deterioration.

A resale before full payment is not permitted.

Statutory right of withdrawal

As a consumer, you have the right to cancel contracts that have already been concluded within 14 days without giving reasons, unless the goods are delivered sealed and are unsuitable for return for health or hygiene reasons, provided that the sealing has been removed, or goods that are after customized specifications or tailored to your personal needs.

The fourteen-day period begins on the day on which the consumer or a third party named by the consumer who is not a carrier takes possession of the delivered goods. If the goods are delivered in several partial shipments, the cancellation period begins on the day on which the consumer or a third party named by the consumer who is not a carrier takes possession of the last partial shipment.

In order to exercise the right of withdrawal, the consumer must send an email to hello@swivelbird.com stating name, email address and / or telephone number, as well as stating that the consumer wants to withdraw from the contract. To meet the cancellation deadline, it is sufficient to send the declaration of cancellation within the cancellation period.

Consequences of the revocation (withdrawal)

If the consumer withdraws from his or her contract, Swivelbird shall reimburse all payments received from the customer, without undue delay and no later than within fourteen days from the day on which we received the notification of withdrawal from this contract. For this repayment, we will use the same means of payment that was used for the original transaction, unless expressly agreed otherwise. 

We may refuse repayment until we have received the goods back or until the customer has provided proof that the goods have been returned, whichever is the earlier. 

The consumer must return or hand over the goods to Swivelbird without undue delay and in any case no later than within fourteen days from the day on which the consumer notifies us of the cancellation of this contract. The deadline is met if the consumer sends the goods before the expiry of the period of fourteen days. The consumer shall bear the direct costs of returning the goods. The consumer will only have to pay 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 checking the condition, properties and functioning of the goods.

Cancellation form

Sample cancellation form

(If you want to revoke the contract, please send us the following information)

- To Katrin Schober, Magdalenenstraße 2/13, 1060 Vienna , Email: hello@swivelbird.com

- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of consumer(s) (only in case of paper communication)
- Date(s)

(*) Delete where not applicable.

Exceptions to the right of withdrawal (right of rescission)

The right of withdrawal with regard to goods purchased via the online store does not apply insofar as

• goods are delivered that are made to customer specifications or clearly tailored to personal needs

• sealed goods are delivered, which are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery.

Other notes

Customers are requested to avoid damage or contamination of the goods. If possible, the goods should be returned to the seller in their original packaging with all accessories. In any case, the customer has to ensure adequate protection against transport damage with suitable packaging.

Legal warranty

The customer's warranty claims are governed by the statutory provisions on warranty and liability for defects. 

Defects that occur are to be reported as fast as possible upon delivery or after they become visible.

Liability

Swivelbird excludes liability for pecuniary damage caused by slight negligence, unless the damage results from a breach of a main contractual service.

Swivelbird is not responsible for the uninterrupted availability of the website. Furthermore, Swivelbird does not guarantee that the information on the website is correct or up-to-date. 

Data protection

For information on the processing of your personal data when visiting the online store and in the event of purchasing products, please refer to the seller's privacy policy.

Messages

Declarations, notifications, questions, complaints and objections of any kind are to be addressed to Katrin Schober, Magdalenenstraße 2/13, 1060 Wien, E-Mail: hello@swivelbird.com.

Declarations or notifications to customers will be sent to the last known email address.

Online dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which can be found at http://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

Final provisions

This contract and all claims arising from it shall be governed by the laws of the Republic of Austria to the exclusion of the UN Sales Convention and the reference standards of Austrian international private law.
Contractual language is German.

Should individual provisions of these GTC be invalid in whole or in part, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis thereof.