Terms and Conditions (T&Cs)

Scope

The agreements concluded between the Supplier (Swaap) and the customer are based exclusively on the following general terms and conditions, the data protection declaration, and the rental and purchase confirmation.

A consumer is a natural person who enters into a legal transaction for purposes that are primarily neither commercial nor independent. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

These terms and conditions also apply to future business relationships with contractors without us having to mention them again. If the contractor uses conflicting or supplementary terms and conditions, their validity is contradicted; they only become part of the contract if we have expressly agreed to them.

Subject matter of the contract

This contract governs the rental and purchase of new and used goods, hereinafter referred to as "goods," via the Swaap.ch UG website.

Conclusion of the contract

1. Order: The presentation of goods on the website is non-binding, i.e., it does not constitute a binding offer to conclude a rental or purchase contract.

The ordering process leading to the conclusion of the contract comprises the following steps:

• Selection of goods in the desired specifications (type of item, contract duration, and, where applicable, size, quantity, and color of the item).

• Place the merchandise in the shopping cart

• Enter the billing and shipping address

• Choice of payment method

• Confirmation by the customer that no insolvency proceedings have been initiated against their assets or are imminent in the foreseeable future (if necessary). The customer only submits a binding offer to conclude a contract by clicking on the "Pay now" button. Before doing so, the customer is shown the details of their order in a preview. The customer can correct the information using the change button. When ordering the goods, the customer receives a non-binding confirmation of the rental and/or purchase request. Once the order has been successfully verified, the customer receives an email from the Supplier - (Swaap) confirming the rental and/or purchase of the selected products, hereinafter referred to as "order confirmation." The order confirmation is sent by Swaap.ch UG in its own name. The rental and/or purchase contract and acceptance of the offer only come into effect upon receipt of this delivery promise or order confirmation.

b) Renewal of appointment in lease agreements:

The customer may use the customer account to extend current orders starting from the next full month of the contract period. The lease extension offer is non-binding, i.e., it does not constitute a binding offer to extend the lease.

The customer can only place an order as a registered customer. The ordering process leading to the conclusion of the contract comprises the following steps:

• Selection of corresponding goods in the customer account

• Choice of desired contract period

The customer only submits a binding offer to conclude a contract by clicking on the "Extend with costs" button. Once the extension request has been successfully verified, the customer receives an email from the Supplier - (Swaap) confirming the extension of the rental, hereinafter referred to as "order confirmation." The order confirmation is sent by Swaap.ch UG in its own name. The contract for the extension of the lease comes into effect upon receipt of this delivery or order confirmation. The new contract begins with the next monthly payment due. It is not possible to switch to a shorter minimum term.

Customer data and access

The customer ensures that all data provided during registration or ordering (e.g., name, address, email address, bank details, VAT number if applicable) is correct and that no third-party data has been used. The customer undertakes to inform the Supplier (Swaap) immediately of any changes to the data. The customer is liable for any misuse of access data by third parties to the extent that they are responsible for

this. It may also mean that he is obliged to pay usage fees (furniture rental fees) for goods that he did not order himself.

Our data protection declaration applies to the user's personal data collected during registration.

When ordering via the website, the Supplier (Swaap) only enters into contractual relationships with natural persons of legal age who have full legal capacity. We verify the minimum age using a reliable process that includes personal identity and age verification. Orders may also be placed by a legal entity or partnership. A legal entity or partnership may only be registered as a customer by a natural person who is authorized to represent it or by a person authorized by it, who shall hereinafter be referred to as the "authorized representative."

Shipping or delivery of goods

The goods will not be shipped until the customer has paid the first month's rent or the purchase price. As long as the condition of the first successful payment has not been met, the Supplier (Swaap) is entitled to retain the goods. No usage fees (furniture rental fees) are payable for the period between shipment of the goods and delivery to the customer. The paid rental period only begins when the goods are delivered to the customer.

Acquisition of rental property

If offered by the service provider, the customer may be granted by the service provider the right to purchase the goods at a later date via the website upon conclusion of the rental agreement, hereinafter referred to as the "purchase option."

1. Purchase price: The purchase price is the price displayed on the website. The purchase price is a gross price that includes the sales tax applicable at the time the order is placed. If the customer exercises the purchase option, the rent paid by the customer until the purchase option is exercised will be deducted from the purchase price.
2. Conclusion of the purchase contract: The customer only submits a binding offer to conclude a contract for the purchase of the goods by clicking on the "Rent with fees" button. Before doing so, the customer is shown the details of their order in a preview. The customer can correct the information using the change buttons. After checking the order, the customer receives an email from the Supplier - (Swaap) confirming the purchase of the selected products, hereinafter referred to as "purchase confirmation." The purchase confirmation is sent by Swaap.ch UG in its own name. Upon receipt of this purchase confirmation, the purchase contract between the customer and the Supplier (Swaap) is concluded.
3. Payment terms: The customer may only use the payment methods listed below. Payment is due immediately after conclusion of the purchase contract.

Right of withdrawal

If the customer is a consumer and has rented or purchased the products via the website, they are entitled to revoke their contractual declaration. Business customers have no right of withdrawal.

Information on the conditions and legal consequences of canceling the rental and purchase can be found in the separate cancellation instructions, which are mentioned at this point. If the customer cancels the purchase contract, they do not have to return the goods to the Supplier (Swaap), contrary to the information in the cancellation policy, if they continue to rent the goods. In the event of revocation by the customer, the provider reserves the right to

the right to use a different payment method from the one used by the customer to pay the refund amount due to the customer.

Start of rental, contract duration, termination

If the customer has rented the goods via the website, the rental period begins with the delivery of the goods to the customer, hereinafter referred to as "delivery," if the period is extended with the next monthly payment due. The goods are deemed to have been delivered within the meaning of this provision when the Supplier - (Swaap) commissioned by the Supplier - (Swaap) has delivered the goods to the customer.

The parties have the right to terminate the contract with one month's notice until the end of the contract period without giving reasons.

The service provider is entitled, in particular but not exclusively, to extraordinary termination in the following cases:

• rent

• default on payment with two consecutive usage fees (furniture rental fees) to be paid;

• buy

• late payment of usage fees (furniture rental fees) if the customer has already been warned or reminded about repeated late payments;

• Long-term attachments or other enforcement measures directed against the customer or judicial or extrajudicial insolvency proceedings initiated against the customer; unauthorized transfer of goods to third parties;

• significant endangerment of goods due to lack of care or inappropriate and illegal use; or

• for other important reasons on the part of the Supplier - (Swaap).

If there are several rental agreements between the service provider and the customer and the service provider is entitled to terminate a rental agreement without notice and for cause, it may also terminate the other rental agreements without notice if it is unable to maintain the other rental agreements due to grossly unfaithful behavior on the part of the customer. This is particularly the case when the customer

• intentionally damages a rental item;

• conceals from the Supplier (Swaap) damage caused to the rented item or attempts to hide it;
• intentionally causes damage to the Supplier - (Swaap); or

• uses a leased property to commit criminal offenses.

Termination must be in writing. The customer may also terminate the contract online in the customer portal by clicking on the "End of rental" button and then returning the goods. The termination takes effect upon receipt by the Supplier - (Swaap). If the Supplier - (Swaap) terminates a rental contract, the customer is required to return the rental items with all accessories to the Supplier - (Swaap) immediately. Payments made in advance will not be refunded, regardless of when the customer returns the device.

Delivery terms

The product is delivered to the shipping address provided by the customer. The Supplier - (Swaap) has the right to make partial deliveries to a reasonable extent. If, during the processing of the order, the Supplier discovers that the product ordered by the customer is not available despite careful stock checking and for reasons for which the Supplier is not responsible, the customer will be informed by email and no contract will be concluded. If the Supplier (Swaap) has already accepted the customer's contractual offer by means of the rental or purchase confirmation, the Supplier (Swaap) is entitled to withdraw it. Any payment made will be refunded immediately. The delivery times given in connection with the presentation of the offer are approximate. They are therefore only approximate agreements. If the specified delivery date is exceeded by more than four weeks, each party has the right to terminate the contract. If the service provider is not responsible for a permanent obstacle to delivery, in particular force majeure or non-delivery by its own Suppliers (Swaap), despite a corresponding hedging transaction having been carried out in good time, the service provider has the right to terminate a contract with the customer in this regard. The customer will be informed immediately and the services received, in particular payments, will be

reimbursed. The obligation to compensate for damages caused by a delay is limited to foreseeable damages that typically occur. This limitation of liability does not apply in cases of intentional breach of contract or gross negligence.

Retention of title

The delivered goods remain the property of the Supplier - (Swaap)

1. a) in the case of a permanent lease,
2. b) upon purchase until the purchase price has been paid in full.
3. During the rental period, the customer may not allow a third party to use the goods, in particular to sell, give away, rent or lend them, without the prior written consent of the Supplier - (Swaap). Excluded from this list is the free use of the goods by persons belonging to the customer's household or by the customer's employees.

The customer is obligated to keep the goods free of third-party rights during the rental period and upon conclusion of a purchase agreement until the purchase price has been paid in full.

The customer may not modify the goods. A modification of the goods does not constitute a defect removal in accordance with the specifications of § 536a paragraph 2 BGB or wear and tear of the goods through contractual use within the meaning of § 538 BGB. The customer is not entitled to reimbursement of costs for modifications made by them in accordance with § 539 paragraph 1 BGB. The service provider is entitled to restore the original condition after the end of the contract at the customer's expense. The customer is released from their obligation to pay if the original condition can only be restored with disproportionate effort.

Usage fees, shipping fees

The Supplier (Swaap) charges usage fees (furniture rental fees) for the use of the goods. The amount of the usage fees (furniture rental fees) is shown in the offer on the website. The total rental price is calculated based on the following: usage fee (furniture/furnishings rental fee) per month multiplied by the number of months. Total rental prices are final prices and include statutory sales tax. In addition to the final prices, there are additional costs depending on the shipping method, which are displayed before the order is shipped.

The Supplier (Swaap) has the right to change the usage fees (furniture rental fees) for the next contract period. The Supplier (Swaap) will inform the customer of this no later than six weeks before the change takes effect. If the customer does not agree with the change, they may terminate the usage contract up to two weeks before the price change takes effect. If there is no termination, the customer's consent to the price change is deemed to have been given. The provider will indicate separately the possibility of termination and compliance with the deadline.

If the customer returns the goods to the Supplier - (Swaap) without the accessories supplied by the Supplier - (Swaap) with the goods or the goods are incomplete, the customer is required to return the missing accessories and missing components within one month at the request of the Supplier - (Swaap). If the customer does not return the missing accessories or missing components within one month despite the Supplier's (Swaap) request, the Supplier (Swaap) is free to demand the residual value of the missing accessories or missing components, which is calculated on the basis of the current market value.

Payment terms

Payment is processed by Swaap.ch UG in its own name. The customer only has the following payment options: payment service provider (e.g., PayPal) and credit card. Using a payment service provider allows the provider and the customer to process the payment between themselves. The payment service provider forwards the customer's payment to the provider. Further information can be found on the website of the respective payment service provider. When paying by credit card, the customer must be the legitimate cardholder. The final debit from the credit card will be made after confirmation of the rental and/or purchase request. For SEPA direct debit, the customer's bank, BIC, and IBAN are required. By choosing SEPA direct debit, the customer authorizes the provider to debit payments from their bank account by direct debit. 

At the same time, he instructs his bank to refund the direct debits made by the service provider from his bank account. The customer's bank account is debited after the order has been executed. Under the terms agreed with his bank, the customer may request a refund of the amount debited within eight weeks of the debit date. The customer can view their SEPA direct debit mandate in their customer account at www.Swaap.ch-living.de and revoke it in accordance with § 675p BGB. The customer's bank account is debited after the order has been processed. Within the framework of the conditions agreed with their bank, the customer can request a refund of the debited amount within eight weeks of the debit date. The customer can view their SEPA direct debit mandate in their customer account at www.Swaap.ch-living.de and revoke it in accordance with § 675p BGB. The customer's bank account is debited after the order has been processed. Under the terms agreed with their bank, customers may request a refund of the amount debited within eight weeks of the debit date. Customers can view their SEPA direct debit mandate in their customer account at www.Swaap.ch-living.de and revoke it in accordance with § 675p BGB.

Usage fees (furniture rental fees) are payable monthly by the customer and are non-refundable. In the case of a contract with a minimum term, the usage fee is due upon conclusion of the rental and/or purchase contract, but before shipment of the goods, and then on the 1st of the first month of the respective contract extension.

If the customer is late in making payment, the Supplier (Swaap) is entitled to charge late payment fees of CHF 30 for each late payment. Swaap reserves the right to prove higher damages. The customer may only offset the Supplier's (Swaap) claim if it is undisputed by the Supplier (Swaap) or has been legally established against the Supplier (Swaap). This provision does not apply if the customer's claim arises from a claim for non-pecuniary benefits that entitle them to refuse performance. Customers may only exercise a right of retention if their counterclaim is based on the same contractual relationship.

Customer responsibility and excess reduction

Use must be carried out carefully as usual, minimizing any expected damage. In the event of damage or other harm to the rented item during the rental period, the customer is required to immediately inform the provider in writing of all details of the event that led to the damage to the item. In the event of damage to the goods and other breaches of the rental agreement between the customer and the provider, the customer is generally liable in accordance with the statutory provisions. 

Return of the rented item

The rental agreement ends upon expiry of the agreed contract period or upon termination at the specified time. The customer must return the item in the condition in which it was received. If the customer continues to use the item after the agreed rental period has expired, the rental relationship is deemed to be extended for a further three months, unless the supplier objects. Section 545 BGB does not apply.

Redemption

The customer has the option of offering the supplier the opportunity to repurchase goods purchased on the website. The supplier is under no obligation to repurchase or submit an offer to repurchase the item. If the supplier decides to make a repurchase offer, it may determine the repurchase value for each individual customer case based on the condition of the goods.

Warranty, liability

The statutory right to liability for defects applies, unless otherwise specified below. If the customer is an entrepreneur, the warranty period is limited to one year for new goods and the warranty is excluded for used goods. If the customer is a consumer, the warranty period for used goods is limited to one year.

Supplier liability

The supplier is liable without limitation for damages if the cause of the damage is based on an intentional or grossly negligent breach of duty by the supplier, a legal representative, or an executive agent. The provider is only liable for negligent behavior in the event of a breach of an obligation whose fulfillment is essential for the performance of the contract and on whose fulfillment the contractual partner can regularly rely (cardinal obligation), insofar as the provider could typically have expected the damage caused under the circumstances known at the time the contract was concluded. Otherwise, the provider's liability—including that of its vicarious agents—is excluded.

The limitation of liability according to paragraph 1 does not apply to claims for damages resulting from injury to life, limb, or health, from the assumption of a quality guarantee, or from fraudulent concealment of defects by the supplier. Liability under the Product Liability Act remains unaffected. Any statutory liability privileges in favor of the supplier, e.g., under Articles 7 to 10 of the Telemedia Act of the Swiss Confederation, remain unaffected.

Supplier Disclaimer

The customer shall indemnify the provider against all claims asserted against it by third parties due to improper, non-contractual, or illegal use of the rented property, unless it is not responsible for this. In the event of exemption pursuant to sentence 1, the customer shall indemnify the provider for any damage incurred by the latter due to improper, non-contractual, or illegal use, including any legal defense costs. The user shall immediately inform the provider if third parties assert claims for improper, non-contractual, or illegal use of the goods and shall support the provider in its legal defense.

Assignment, pledge, prohibition on transfer of use

The customer's claims or rights against the supplier may not be assigned or pledged without the supplier's consent, unless the customer has demonstrated a legitimate interest in the assignment or pledge. During the term of the lease agreement, goods belonging to the customer but which are nevertheless the property of the supplier or one of its business partners, sister companies or subsidiaries, or other contractual partners, may not be assigned to a third party by the customer, nor may they be leased, sold, encumbered with a lien, or be the subject of any other transaction.

Privacy

Please take note of our privacy policy.

Online dispute resolution and consumer arbitration commission

If the customer is a consumer, the following notice applies: The European Commission provides an online dispute resolution platform, which can be accessed at http://ec.europa.eu/consumers/odr/. The provider is neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

Changes

The supplier is entitled to amend the terms of use at any time, unless essential provisions of the contractual relationship (in particular type and scope, duration, termination) are included therein. The customer will be informed of the amended terms in text form at least six weeks before they come into effect. The changes shall be deemed approved if the customer does not object to them within six weeks of receiving the notification. The provider shall inform the customer separately of the possibility of objecting and of the deadline for doing so. If you exercise your right to object, the changes shall not become part of the contract and the contract shall remain unchanged.

If the customer objects to the amended terms and conditions in good time, the provider is entitled, while safeguarding the legitimate interests of the customer, to terminate the contract with the customer at the time the amendment comes into effect. The corresponding user content will then be deleted from the database. The user shall have no claims against the provider from this point on.

Applicable law

The law of the Swiss Confederation applies to the general terms and conditions and the contractual relationship between the supplier and the customer. The application of German private international law and the United Nations Convention on Contracts for the International Sale of Goods is excluded. If the customer is a consumer, the choice of law does not mean that they are deprived of the protection afforded to them by the mandatory consumer protection provisions of the law applicable to their habitual residence. The choice of law does not mean that they must assert their rights before a foreign court.

Final provisions

If certain provisions of the GTC are invalid, this shall not affect the validity of the remaining provisions. If the customer is a merchant within the meaning of the German Commercial Code, Frankfurt am Main is agreed as the place of jurisdiction for all disputes arising between the customer and the service provider. The service provider is entitled to transfer all or part of the rights and obligations arising from the contract with the customer to another company. Subject to the provisions of paragraph 1 of these General Terms and Conditions for the transfer of the contract within Swaap.ch UG, the customer will receive notification from the provider that the contract has been taken over by a third party, which also specifies a period within which the customer may terminate the contract and delete the customer account request.