GENERAL TERMS AND CONDITIONS
(As of 27.04.2025)
1. Scope of Application
1.1. These General Terms and Conditions (hereinafter “GTC”) apply exclusively to online orders in the online shop on www.swaynutrition.com (hereinafter “Online Shop”) and thus to the business relationship between
sway Sports & Health GmbH
FN 526072 k
Aufeldgasse 66
3400 Klosterneuburg
(hereinafter “sway Sports & Health”)
and the customer (hereinafter “Customer”). These GTC are valid in the version that is in effect at the time of the order. Deviating, contrary, or supplementary terms and conditions, even if known, shall not become part of the contract unless expressly agreed to in writing. These GTC apply as a framework agreement for all future legal transactions between the parties.
1.2. Customers are both consumers within the meaning of the Consumer Protection Act (hereinafter “Consumer Customers”) and entrepreneurs (hereinafter “Entrepreneur Customers”). Entrepreneur Customers are natural or legal persons or legal partnerships whose business operations are covered by this contract. Enterprises are all permanently established organizations of independent economic activity, whether or not they are profit-oriented.
2. Conclusion of the Contract
2.1. The purchase contract is concluded with sway Sports & Health.
2.2. The presentation of products in the Online Shop does not constitute a legally binding offer but an non-binding online catalog. The customer can initially place the products in the shopping cart without obligation and can correct entries before submitting the binding order at any time by using the correction aids provided during the ordering process. By clicking the order button, the customer submits a binding order for the items in the cart and accepts the GTC. The automatic order confirmation sent by sway Sports & Health documents that the order has been received but does not constitute an acceptance of the offer. After the confirmation is delivered, the availability of the goods will be checked by sway Sports & Health, and the purchase contract is only concluded by the binding acceptance of the customer’s purchase order by sway Sports & Health in the form of an email confirmation that the goods are prepared for pickup or have been shipped.
2.3. The customer is obliged to fill out all fields (or information) in the order form completely and truthfully.
2.4. After completing the order by clicking the “Place Order” button, the order cannot be changed. The right of withdrawal (see point 4) remains unaffected.
2.5. sway Sports & Health will promptly confirm the receipt of the order to the customer. sway Sports & Health is always entitled, depending on the nature of the order (quantity of goods, purchase price, transport costs, postage, and other fees), to request additional confirmation of the order from the customer (e.g. in writing or by phone).
2.6. The customer is entitled to cancel the order, i.e., to revoke their proposal to conclude the purchase contract, without any penalties until the goods have been dispatched. The customer must inform the seller of the cancellation by email or phone.
2.7. sway Sports & Health is entitled to accept the customer’s order within three working days after receiving it. sway Sports & Health is entitled to refuse acceptance of the order, for example, after checking the customer’s creditworthiness. sway Sports & Health is also entitled to limit the order to a household-appropriate quantity.
2.8. After the order has been completed, the contract text is stored by sway Sports & Health and sent to the customer along with these legally binding GTC via email after the contract has been concluded.
3. Prices and Payment Methods
3.1. The prices for the offered goods in the Online Shop are indicated in Euros, including VAT. Together with the purchase price, the customer is obliged to reimburse the transport costs, postage, packaging costs, and other costs and fees that sway Sports & Health informs the customer about under www.swaynutrition.com/shipping. The offer from sway Sports & Health for the goods and the price for the goods remain valid during the period the goods are displayed in the Online Shop. This provision does not limit sway Sports & Health’s ability to conclude the purchase contract under individually agreed conditions.
3.2. The customer has the payment options displayed at the time of completing the order process, e.g., via credit or debit card, Apple Pay, PayPal, bank transfer, EPS. sway Sports & Health reserves the right to limit the selection of payment methods in individual cases. If the payment card is declined, sway Sports & Health will contact the customer and request the change of the payment method to a bank transfer to the account of sway Sports & Health: Erste Bank AG, IBAN AT62 2011 1846 1815 4300.
3.3. Upon placing the order, the customer simultaneously submits their card details. After being authenticated as the legitimate cardholder, sway Sports & Health will immediately request the customer’s card company to initiate the payment transaction. The payment transaction is automatically carried out by the credit card company, and the card will be charged.
3.4. The customer agrees to the issuance of the electronic invoice and its delivery to the customer’s email address upon completion of the order.
3.5. In the Online Shop, most items will have information about the availability in stock. If availability is not specified for an item, the usual delivery time indicated refers to the procurement time from the supplier.
3.6. The Consumer Customer can use gift vouchers when shopping. The gift vouchers are value tokens issued by sway Sports & Health and can only be redeemed at sway Sports & Health. The code on the voucher is used technically for the redemption of the value token. In the event of an incomplete purchase or cancellation within the 14-day period, sway Sports & Health can generate a replacement code for the customer. Generating a new code does not change the value of the voucher.
3.7. Any refund of payments made will be credited to the payment method used by the customer during their order.
4. Right of Withdrawal for Consumers
4.1. Consumer customers may withdraw from the contract within 14 days without giving any reason. The period begins on the day the consumer or a third party, other than the carrier, takes possession of the goods. If the consumer has ordered multiple goods in a single order and the goods are delivered separately, the period begins upon receipt of the last item. To meet the withdrawal deadline, it is sufficient for the customer to send the withdrawal notice within the 14-day period.
4.2. To exercise the right of withdrawal, the consumer must inform sway Sports & Health of their decision to withdraw from the contract. The withdrawal notice should be addressed to:
sway Sports & Health GmbH
FN 526072 k
Email: claims@sway-group.com
Phone: +43 5 9611
Aufeldgasse 66
A-3400 Klosterneuburg
4.3. The withdrawal can be made in any form (e.g., letter, phone, or email). The consumer may also use the model withdrawal form [link to PDF].
4.4. In the case of a valid withdrawal, sway Sports & Health will refund the payments made by the consumer (excluding return shipping costs) within 14 days of receiving the withdrawal notice. sway Sports & Health may withhold the refund until the goods are returned or proof of their return is provided. The refund will be made using the same payment method used by the consumer for the original transaction, unless otherwise agreed. No fees will be charged for the refund. The consumer will only be liable for a decrease in the value of the goods if it is due to handling beyond what is necessary to establish the nature, characteristics, and functioning of the goods.
4.5. No right of withdrawal exists for:
4.5.1. perishable goods;
4.5.2. sealed goods that are not suitable for return due to health protection or hygiene reasons once the seal has been removed (e.g., cosmetics, opened products);
4.5.3. goods that have been mixed inseparably with other goods after delivery due to their nature;
4.5.4. goods that are not pre-made and where the consumer has made a specific selection or determination for their production, or goods that are clearly tailored to the consumer’s personal needs;
4.5.5. alcoholic beverages where the price was agreed at the time of the contract, but delivery can only be made 30 days later, and whose current value depends on fluctuations in the market that sway Sports & Health cannot control;
4.5.6. audio or video recordings or computer software in sealed packaging, where the seal has been broken, and the delivery of newspapers, magazines, or periodicals, except for subscription contracts.
5. Retention of Title, Assignment of Claims, Right of Retention
5.1. The goods remain the property of sway Sports & Health until the full payment of the purchase price and all associated costs and expenses have been made. The customer is obliged to treat the goods with care during the period of retention of title.
5.2. In the event of resale, the customer hereby assigns their claims against third parties resulting from the sale to sway Sports & Health until all debts have been settled. The customer must provide sway Sports & Health with the names of the buyers and notify them of the assignment.
5.3. The customer may only withhold payment for those defects that have been expressly acknowledged by sway Sports & Health or determined by a court, but not exceeding the reasonable proportion of the total invoice amount. Offsetting and retention are generally excluded, except in cases specified in the contract.
6. Delivery
6.1. The gross shipping costs are included in the total amount displayed in the shopping cart. A detailed list of all shipping costs is available at www.swaynutrition.com/shipping.
6.2. The risk of loss or damage to the goods passes to the consumer upon delivery to the consumer or a third party designated by the consumer, other than the carrier. If the consumer has entered into the shipping contract directly without choosing a transport option proposed by sway Sports & Health, the risk passes at the time the goods are handed over to the carrier.
6.3. If the customer fails to accept the goods as agreed (default of acceptance), the customer is still obligated to pay, and the risk of price fluctuations is transferred to them. sway Sports & Health is also entitled to claim compensation for the expenses incurred due to the default of acceptance.
7. Minor Changes to Performance
7.1. Changes to the agreed performance or deviations are reasonable for the customer if they are minor and justified by the nature of the product (e.g., in terms of size, color, structure, etc.).
8. Liability for Damages, Product Liability, Warranty
8.1. Claims for damages due to the violation of an obligation under the contract must be made in accordance with the legal requirements. The claim for damages must be made within 3 years of knowledge of the damage and the tortfeasor.
8.2. This also applies to claims based on product liability law. All instructions on the packaging and inserts must be followed. sway Sports & Health does not assume liability for improper application and/or handling. For Entrepreneur Customers, sway Sports & Health is not liable for simple negligence and lost profits.
8.3. Customers have statutory warranty rights under § 923 ff ABGB. The period is 24 months for consumer customers and 12 months for entrepreneur customers from the receipt of the goods and for services from the completion of the service. In case of defects, the customer is entitled to a reduction in the price or, if the defect is significant, cancellation of the contract (rescission). Warranty rights do not exist for minor changes in performance as per point 7.
9. Governing Law, Jurisdiction
9.1. Austrian law applies. The applicability of the UN Sales Convention is expressly excluded. The language of the contract is German. Consumer customers in the jurisdiction of the Consumer Protection Act (KSchG) and the Brussels I Regulation (EU) or the Lugano Convention (Switzerland, Norway, Iceland) are subject to the jurisdiction of their place of residence or habitual residence. In business transactions with entrepreneur customers, the jurisdiction of Austrian courts and the local jurisdiction of the Vienna courts is agreed upon.
10. Data Protection, Address Changes, and Copyright
10.1. The customer agrees that their personal data, which is included in the purchase agreement, will be stored and processed by sway Sports & Health for the purpose of fulfilling the contract. The customer is obliged to inform sway Sports & Health of any changes to their residential or business address. All logos, models, catalogs, brochures, images, etc. remain the intellectual property of sway Sports & Health. The customer does not receive any rights to use or exploit the works unless explicitly agreed upon.
10.2. More information on the handling of personal data can be found at www.swaynutrition.com/privacy.