General terms and conditions


1 General information, scope of application

  1. These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts concluded via the webshop between the customer and Nesco bvba, Abdijstraat 5, 8792 Desselgem, Belgium, registered under BTW BE0819365631, represented by Denis Vanneste (hereinafter referred to as “Nesco bvba”).
  2. Customers within the meaning of these GTC are exclusively consumers. According to Section 13 of the German Civil Code (BGB), a consumer is any natural person who places an order for purposes that are predominantly outside their trade, business or profession. An entrepreneur, on the other hand, is a natural or legal person or partnership with legal capacity who places an order in the exercise of their commercial, self-employed or freelance activity in accordance with Section 14 BGB.
  3. The version of the GTC applicable at the time the contract is concluded shall apply.
  4. Terms and conditions of the customer or third parties shall not apply, even if Nesco bvba does not separately object to their validity in individual cases.
  5. Individual agreements made with the customer in individual cases (including collateral agreements, supplements and amendments) shall always take precedence over these GTC. A written contract or written confirmation by Nesco bvba is decisive for the content of such agreements.

2 Conclusion of contract

  1. The presentation of goods in the webshop does not constitute a legally binding offer to conclude a purchase contract.
  2. Customers can select goods for purchase in our webshop by clicking on the "Add to shopping basket" button and adding them to their shopping basket without obligation. After selecting the goods in the shopping basket, the customer can start the order process by clicking on the "Checkout" button. After entering all required order and address data, selecting a shipping method and a payment method as part of the ordering process, all details are summarised again. Up to this point, the order can be corrected or cancelled by clicking on the "Edit" button. A binding offer to Nesco bvba to purchase the goods in the shopping basket is only made when the "Order with obligation to pay" button is clicked.
  3. After receipt of an order, Nesco bvba automatically sends a confirmation of receipt to the e-mail address provided during the ordering process. The confirmation of receipt documents the receipt of the order by Nesco bvba. The confirmation of receipt does not constitute a legally binding acceptance of the order.
  4. A contract between Nesco bvba and the customer is only concluded when Nesco bvba sends a declaration of acceptance by e-mail. If Nesco bvba does not know the customer's e-mail address at which e-mails can be sent, Nesco bvba will send the order confirmation together with the goods. No purchase contract is concluded for products that are not listed in the order confirmation.
  5. If the customer orders goods in quantities in excess of those customary in the trade, Nesco bvba reserves the right not to accept a corresponding contractual offer from the customer and to refuse delivery.
  6. Only the German language is available for the conclusion of the contract. When an order is placed, the text of the contract is saved by Nesco bvba after the contract has been concluded and sent to the customer in text form after the order has been sent. Nesco bvba will not make the text of the contract available beyond this.
  7. Any use of the webshop using automation software (bots), hacks or other software not authorised by Nesco bvba that alters the shopping experience in the webshop is prohibited. This applies in particular if orders are placed using bots. Declarations of acceptance that are erroneously (automatically) sent by Nesco bvba after receipt of an order that was placed using unauthorised software (e.g. bots) are hereby revoked by Nesco bvba in advance.

3 Delivery, availability of goods

  1. During the ordering process, the customer can choose whether the goods selected by him are to be delivered to a delivery address specified by the customer or to a specialised dealer specified by the customer, who may carry out the assembly of the goods on behalf of the customer.
  2. Specified delivery times are calculated from the time of the declaration of acceptance by Nesco bvba, subject to prior payment of the purchase price (except in the case of purchase on account or in instalments). If no delivery time is specified for the goods ordered by you, the delivery time is 14 days.
  3. If delivery of the goods ordered by the customer is not possible in exceptional circumstances, for example because the goods are not in stock or are temporarily out of stock, Nesco bvba shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded. Nesco bvba will inform the customer of this immediately and refund any payments already received without delay.
  4. If delivery is delayed for reasons attributable to the customer, default of acceptance and transfer of the risk of performance shall occur as soon as Nesco bvba has offered the service to the customer for the first time. Nesco bvbais entitled to charge the customer for any costs incurred, e.g. for storage.
  5. Nesco bvba is only authorised to deliver to customers who have their habitual residence in Belgium and have specified a delivery address in the same country. The customer will be informed of the delivery restrictions during the ordering process.
  6. The customer is only entitled to withdraw from the contract in accordance with the statutory provisions if Nesco bvba is responsible for the delay in delivery and the customer has set a reasonable deadline for delivery in accordance with the statutory provisions and this deadline has not been met by Nesco bvba. Cancellation in accordance with sentence 1 is excluded if the customer is solely or predominantly responsible for the circumstance that would entitle him to cancel the contract, or if the circumstance occurs at a time when the customer is in default of acceptance. Claims for damages are excluded in the aforementioned cases. In any case, Nesco bvba is obliged to inform the customer immediately of the non-availability of deliveries and services.
  7. The delivery period shall be extended appropriately due to force majeure circumstances. This includes, but is not limited to, strikes, lockouts, official interventions, shortages of energy and raw materials, transport bottlenecks through no fault of Nesco bvba, operational hindrances through no fault of Nesco bvba, for example due to fire, water and machine damage, and all other hindrances for which Nesco bvba is not responsible and over whose causes Nesco bvba has no direct influence. Nesco bvba shall notify the customer of the delay without delay. If the impediment to performance in the aforementioned cases lasts for a period of more than four (4) weeks after the originally applicable delivery times, the customer shall be entitled to withdraw from the contract. There shall be no further claims, in particular for damages.

4 Prices and shipping costs

  1. All prices quoted in the Pendix webshop are gross prices including statutory VAT plus any shipping costs incurred.
  2. The amount of the shipping costs will be communicated to the customer when the order is placed. The shipping costs are to be borne by the customer, unless the customer exercises his statutory right of cancellation and the shipment is carried out at the customer's request by means other than the standard shipping offered by Nesco bvba (e.g. express shipping).
  3. The obligation to bear the shipping costs also includes such costs that are incurred due to an initially unsuccessful delivery and the further delivery attempts or deliveries caused by this.
  4. In the event of cancellation, the customer shall bear the direct costs of the return shipment. If the customer has already installed the drive or had it installed by a third party (e.g. dealer), the customer shall also bear any costs for the necessary dismantling of the drive in the event of cancellation.
  5. When returning the product, in particular in the event of cancellation, the customer shall comply with all statutory provisions applicable to the shipment of the product. Pendix hereby points out that, if the goods contain a battery, the statutory provisions applicable to the transport of hazardous goods must be observed.
  6. If the customer arranges for Nesco bvba or a person selected by Nesco bvba to return the goods, in particular in the event of cancellation, the customer shall personally hand over the goods to Nesco bvba or the person selected by Nesco bvba if they contain a drive set. If the customer does not ensure such a handover to Nesco bvba or to the person selected by Nesco bvba, the customer shall bear the additional costs incurred as a result.

5 Terms of payment

  1. The customer can generally pay by credit card, advance payment, invoice, GiroPay, PayPal, Apple Pay or payment by instalments. In individual cases, depending on the creditworthiness of the customer, the technical availability of the payment services or to prevent fraud, individual payment methods may not be available to the customer.
  2. If the payment method "prepayment" is selected, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date. If the payment method "by invoice" is selected, the invoice amount must be paid by the customer within 14 days of receipt of the goods. If payment is made by GiroPay, credit card, Apple Pay or PayPal, the customer's account will be debited immediately.
  3. The payment methods GiroPay, credit card, prepayment and Apple Pay are provided by the payment service provider Mollie B.V., Keizersgracht 126, 1015 CW Amsterdam, Netherlands (hereinafter: "mollie"). For payment processing, mollie may use other payment services for which special payment terms may apply, to which the customer may be informed separately. Further information on "mollie" can be found at https://www.mollie.com/de/.
  4. If the payment method "GiroPay" is selected, payment shall be made via the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main, Germany. paydirekt GmbH authenticates the payment using the authentication procedure stored for the participant. The bank authorises the payment to Pendix with the involvement of paydirekt GmbH.
  5. If a payment method offered by PayPal is selected, payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
  6. Apple Pay is a payment system of the US company Apple Inc. based in Cupertino, California. To be able to pay the invoice amount via Apple Pay, you need Apple hardware, you must use the Safari browser, be registered with Apple, have activated the Apple Pay function, legitimise yourself with your access data and confirm the payment instruction. Further information can be found at: https://support.apple.com/de-de/HT201239#safari and https://support.apple.com/de-de/HT201469.
  7. If the payment method "instalment purchase" is selected, the purchase contract is only concluded after the customer has successfully concluded the corresponding loan agreement with TeamBank AG Nürnberg, Beuthener Str. 25, 90471 Nürnberg. Pendix does not become a contractual partner of the customer in this loan agreement. Further details can be found in the following overview: https://pendix.be/warenkorb/zahlungsarten
  8. At the customer's request, the payment method will be saved in his customer profile for subsequent orders. The customer can change the payment method saved in his customer profile at any time.
  9. If there are reasonable grounds to do so, Nesco bvba is authorised, even within the framework of an ongoing business relationship, to make a delivery in whole or in part only against advance payment. Nesco bvba shall declare a corresponding reservation at the latest with the order confirmation. Reasonable grounds may arise, for example, if there are doubts about the customer's creditworthiness.
  10. If the customer is in default of payment, Nesco bvba is entitled to charge interest on arrears at the statutory rate until payment is made in full. This does not exclude the assertion of further damages.
  11. The customer is not entitled to offset claims against Nesco bvba's claims unless the customer's counterclaims have been recognised by declaratory judgement or are undisputed. The customer is also entitled to set-off if the customer asserts complaints or counterclaims arising from the same purchase contract.
  12. The customer shall only be entitled to exercise a right of retention if the customer's counterclaim arises from the same purchase contract.

6 Reservation of title

  1. All goods from an order shall remain the property of Nesco bvba until the total purchase price of the ordered goods has been paid in full ("reserved goods"). The customer is therefore obliged to treat the goods with care until full payment has been made and not to dispose of the goods, in particular not to pass them on to third parties or to pledge them. The customer shall bear the risk for the goods subject to retention of title, in particular the risk of destruction, loss or deterioration. In the event of seizure or other claims by third parties, the customer is obliged to inform the third party of Nesco bvba's ownership and to inform Nesco bvba immediately.
  2. Any processing of the reserved goods (§ 950 BGB) by the customer or at his instigation shall always be carried out for Nesco bvba.
  3. If the goods subject to retention of title are combined with other items not belonging to Nesco bvba in accordance with Section 947 BGB or inseparably mixed in accordance with Section 948 BGB without the goods subject to retention of title being regarded as the main item, it is agreed that Nesco bvba shall transfer co-ownership of the new item to the customer in the ratio of the value of the goods subject to retention of title to the value of the other combined or mixed items at the time of combination or mixing and shall hold this in safe custody for Nesco bvba. Nesco bvba and the customer are already in agreement on the transfer of ownership in this respect.
  4. In the cases of clauses 6.2 and 6.3, the customer shall acquire Nesco bvba's co-ownership share in the item upon full payment of the total purchase price (cf. clause 6.1).

7 Warranty

  1. Nesco bvba shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB (GERMAN CIVIL CODE).
  2. An additional guarantee only exists for the goods supplied by Nesco bvba if this was expressly stated in the order confirmation for the respective article.
  3. If the assembly of the goods supplied by Nesco bvba is defective, Nesco bvba shall only be liable for the assembly if it was carried out by Nesco bvba itself or by a third party on behalf of Nesco bvba. If, on the other hand, the assembly is carried out by the customer or by a third party commissioned by the customer (e.g. bicycle dealer), Nesco bvba accepts no liability for this.

8 Liability

  1. Unless otherwise stated in these General Terms and Conditions of Business and Delivery, Nesco bvba shall be liable in the event of a breach of contractual and non-contractual obligations in accordance with the statutory provisions.
  2. Claims by the customer for damages are excluded. With the exception of this, the seller shall only be liable for damages - irrespective of the legal grounds - within the scope of fault-based liability in the case of intent and gross negligence. In the event of simple negligence, the seller shall only be liable, subject to a milder standard of liability in accordance with the statutory provisions, for damages resulting from injury to life, limb or health and for damages resulting from the not insignificant breach of a material contractual obligation (cardinal obligation). In the latter case, liability is limited to compensation for typical, foreseeable damage.
  3. The above limitations of liability shall apply to the same extent in favour of the Seller's executive bodies, legal representatives, employees and vicarious agents.
  4. The limitations of liability shall not apply if the seller has fraudulently concealed the defect, has exceptionally assumed a guarantee for the quality of the goods or if the customer has claims under the Product Liability Act.

9 Right of cancellation

Cancellation policy:

You have the right to cancel this contract without giving any reason. The cancellation period is 28 days from the day on which you or a third party named by you (e.g. service partner), who is not the carrier, has taken possession of the goods or, in the case of partial deliveries, the last delivery. To exercise the right to cancel, you must inform Nesco bvba, Abdijstraat 5, 8792 Waregem, Belgium, Telephone: +32 (0)56 620 290, E-Mail: info@swyff.com of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample cancellation form for this purpose. However, this is not mandatory.

You can also fill in and send the sample cancellation form or another clear declaration electronically using the contact form on our website.

If you make use of this option, we will send you a confirmation of receipt of your cancellation without delay (e.g. by email). To comply with the cancellation period, it is sufficient for you to send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

Consequences of cancellation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. Under no circumstances will you be charged any fees for this refund. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract.

The deadline is met if you dispatch the goods before the period of fourteen days has expired. We will bear the costs of returning the goods if you use the return label provided by us for a return within Germany. Otherwise, you must bear the return costs.

You 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 their condition, properties and functionality.

Sample cancellation form

(If you wish to cancel the contract, please complete and return this form) to Nesco bvba, Abdijstraat 5, 8792 Waregem, Belgium, Telephone: +32 (0)56 620 290, E-Mail: info@swyff.com

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/

- Ordered on (*)/received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Date

(*) Delete as appropriate

End of the cancellation policy

10 Exclusion / expiry of the right of cancellation

According to Section 312g (2) of the German Civil Code (BGB), the right of cancellation does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer and it expires prematurely in the case of contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

11 Copyrights

Pendix holds the copyright to all images, films and texts published in the webshop. Use of the images, films and texts is not permitted without the express consent of Pendix.

12 Final provisions

  1. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the customer has his habitual residence in another country at the time of his order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
  2. Should individual provisions of these GTC be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. In place of the ineffective provision or the ineffective part of the provision, the legally effective provision that comes as close as possible to the economic purpose pursued by the ineffective provision in a legally permissible manner shall be deemed to have been agreed. The same shall apply mutatis mutandis if the contract contains loopholes.
  3. Dispute resolution: The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.