Terms and Conditions

Please read these Terms and Conditions (“Terms”) carefully before using the www.swi-tecamerica.com website (“Website”) operated by SWI-TEC America LLC. All communications on the Website must be conducted in the language used by the Website.

These Terms apply to all visitors, users and others (“Customer”) who access the Website. Customer’s access to and use of the Website is predicated on Customer’s acceptance of and compliance with these Terms. By accessing or using the Website Customer agrees to be bound by these Terms. If Customer disagrees with any part of the Terms, then Customer may not use the Website.

Table of Contents

  1. Scope of Application and Contract Partner
  2. Delivery Territory
  3. Placing an Order
  4. Order Confirmation
  5. Saving the Order Details
  6. Payment
  7. Pricing and Limited Special Offers
  8. Delivery Period and Shipping Costs
  9. Warranty
  10. Order Cancellation
  11. Returns
  12. Place of Jurisdiction
  13. Product Description and Fitness for Purpose
  14. Address and Contact Information
  15. Data Protection

1. Scope of Application and Contract Partner

All deliveries shall be exclusively governed by the following Terms. Any other terms and conditions shall not be binding upon us unless we have explicitly recognized them. Customer’s contract partner shall be SWI-TEC America LLC, see Section 14 – Address and Contact Information.

2. Delivery Territory

Orders and deliveries are possible world-wide unless a specific manufacturer’s representative has been assigned by the Original Equipment Manufacturer (“OEM”) to the particular country or region. Please contact SWI-TEC America for shipping charges outside of the United States of America.

3. Placing an Order

Customer can order from the Website by doing the following:

  • Select and place the item(s) into the shopping cart
  • Enter your delivery and payment data
  • Confirm on the check page that your order is correct, and then click on the “Submit Order” button.

Please note that certain offers on the Website may be available for a limited time only, see Section 7 – Pricing and Limited Special Offers.

4. Order Confirmation

You shall be deemed to have made a binding offer when you have gone through the online order process, entered the data required therein, and clicked on the “Submit Order” button in the last step. After you have sent us your order we shall send you an e-mail message confirming receipt of your order and its details (confirmation of order). Such confirmation of your order shall not be deemed an acceptance of your offer, but is only intended to inform you that we have received your order.

No later than at the time of delivery of the goods shall you receive all customer information from us, which you should print for your documentation. The purchase contract shall only be concluded by shipment of the goods or by sending a second e-mail to confirm the order.

5. Saving the Order Details

We save the order details, and immediately after completion of the order process you can request it from us. You can print the order data immediately after submitting. For that purpose, you can save or print either of the following pages “Your Order” or the e-mail “Order Confirmation”.

6. Payment

Payment is due from the moment the order is accepted by SWI-TEC America and payment in full is required before the product is shipped to the customer. Customer will not be charged for any orders that cannot be fulfilled.

We offer the following payment options:

  • Credit card (Visa + MasterCard)
  • PayPal
  • Advance payment (bank wire transfer, cleared check)
  • Payment after invoice (if requested by you and confirmed by us)

7. Pricing and Limited Special Offers

All prices are end-user prices excluding any sales or value-added taxes unless so required by law. Shipping costs shall be added. The price as published on the order date shall apply. Details on special offers will be published on the Website or communicated through social media.

8. Delivery Period and Shipping Costs

We strive to deliver from the local warehouse inventory and provide next-day shipping as much as possible. If we are not in a position to ship within a 3 to 5-day delivery period, we shall inform you by e-mail or by phone. If an item is not in stock, we will provide you with our best estimated availability date. In this case we may not be able to guarantee a delivery date due to lack of control over a supplier’s actual delivery performance, international shipping times or Customs’ delays. Any statements on the delivery period are non-binding unless we have made a binding commitment to a delivery date.

Standard FedEx Ground shipping rates apply to shipments within the United States of America and are based on total order value as follows:

  • Less than $200:       $15.00
  • $200 – $500:           $20.00
  • $500 – $1,000:         $25.00
  • $1,000 – $2,000:      $30.00
  • $2,000 and up:         $35.00

Please note that shipments outside of the United States of America will have specific shipping rates quoted and may lead to customs claims. For details talk to us.

9. Disclaimer of Warranties and Limitation of Liability

Customer acknowledges that SWI-TEC America is not the manufacturer of the products. The products and services made available to Customer through SWI-TEC America are provided by SWI-TEC America on an “As Is” and “As Available” basis. SWI-TEC America makes no representations or warranties of any kind, express or implied, as to the operation of SWI-TEC America, or the information, content, materials, products or other services included on or otherwise made available to Customer through SWI-TEC America. Customer expressly agrees that Customer’s use of any product or service obtained from SWI-TEC America is at Customer’s sole risk.

To the extent legally and contractually permitted, SWI-TEC America shall pass through to Customer any transferable product warranties, indemnities, and remedies provided to SWI-TEC America by the manufacturers listed below. SWI-TEC America’s liability to Customer is limited to Customer’s direct damages up to an amount not exceeding the price of the product at issue. SWI-TEC America is not liable for and Customer is not entitled to any indirect, special, incidental or consequential damages (for example, loss of profits or revenue, loss of use, rework, repair, manufacturing expense, costs of product recall, injury to reputation or loss of clients).

Neveta Nautica S.L. – Warranty

In addition to statutory warranty the warranty provisions enclosed with the according item shall be applicable. Should the items delivered to you have obvious material or production faults or transport damage please report such faults immediately to the freight forwarder delivering the item, and to SWI-TEC. Compliance with the above provision shall not affect your statutory rights as far as you have ordered the items as a consumer for private use.

WASI Maritim – Warranty

Refer to the warranty statement published at:

Ketten Wälder – Warranty

Refer to the warranty statement published at:

Rainman Desalination – Warranty

Refer to the warranty statement published at: http://www.rainmandesal.com/warranty.html

Räber Electronic Instruments – Warranty

Refer to the warranty statement published at:

Prop-Protector – Warranty

Refer to the warranty statement published at:

10. Order Cancellation

Right to Cancel Orders:

You are entitled to cancel your order by giving written notice (e-mail, letter, fax) within eight (8) calendar days from the date the carrier delivered the goods to the destination address by returning the item, see Section 11 – Returns.

Effects of Cancellation:

In the event we accept the cancellation both parties shall return what they have received except that SWI-TEC America is under no obligation to reimburse the buyer for any shipping charges. If you cannot return in part or in total what you have received, or can only return it in a deteriorated condition, you shall be obliged to compensate SWI-TEC America for any damages as appropriate. When goods are delivered this shall not apply if the deterioration of the goods is exclusively due to you checking the goods – as you could have done in a physical shop. Otherwise you can avoid the obligation to compensate loss caused by the deterioration of an item through its intended use if you do not put the item to use as if it were your property and if you refrain from anything that adversely affects the value of the item. Items sent by parcel shall be returned at your risk. You shall bear the costs of the return delivery.

Any obligation to return payments shall be met within 30 days. This period shall begin for you when you send your cancellation notice or the item, it shall begin for us upon its receipt.

Exemptions from the Right to Cancel:

The cancellation right shall not apply to special orders of items manufactured to customer’s specifications or custom-designed to meet the customer’s personal requirements, or to items that are not suited for return delivery due to their properties.

11. Returns

If you wish to return a product you bought from us, you must notify Customer Service within eight (8) calendar days from the date the carrier delivered the goods to the destination address. Kindly send us a copy of the invoice including the following information: reason for the return, if you wish a refund or an exchange, and your bank details for any potential refund of payment. Please return the item complete, in its original packaging to us. Use of the original packaging is an essential condition of your right to return and simplifies the handling process. Address your return shipment to Customer Service, see Section 14 – Address and Contact Information.

12. Place of Jurisdiction

By using the Website, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the Commonwealth of Virginia, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and SWI-TEC America.

13. Product Description and Fitness for Purpose

SWI-TEC America makes every attempt to describe the products and their proper fitness for a particular purpose as accurately as possible. However, SWI-TEC America does not warrant that product descriptions or other content of the Website is accurate, complete, reliable, current, or error-free. If a product offered by SWI-TEC America itself is not as described, your sole remedy is to return it in unused condition in accordance with Section 11 – Returns.

14. Address and Contact Information

Customer Service:
E-mail:info@swi-tecamerica.com

Tel. +1 (321) 503-4000

Business hours Monday through Friday, 9:00 AM – 5:00 PM

Managing director representing the company:
Brian Rodrigez

Address:
SWI-TEC America:
2723 Palm Bay Dr.
Palm Bay, FL 32905
Tel. +1 (321) 503-4000

info@swi-tecamerica.com

https://www.swi-tecamerica.com

15. Data Protection

Storage / Use of Your Data:

We shall ask for, save and use your data exclusively for handling your order, unless you wish to receive further services. For that purpose, we shall obtain your approval where appropriate.

In order to handle and deliver your order we shall transmit only that part of your data that is necessary to ensure a successful delivery and exclusively to the delivery service company commissioned by us or requested by you.

We offer you additional services. For such services we shall need your approval. Should you no longer wish to use any of our services in the future you can inform us at any time. We shall then delete your data immediately.

Customer Account:

You may create a Customer Account so you do not need to enter your name and address again for your next order. When you visit the Website the next time simply enter your user name and password at the beginning of the order process. Then your name and address are automatically load into the order form.

Subscribe to the Newsletter:

If you subscribe to the newsletter we shall send you regular information on new products and offers by e-mail. You can easily cancel your subscription using an option directly in the newsletter, by e-mail or by a phone call.

 

Upon request we shall give you information on the data saved with regard to yourself or your pseudonym free of charge. If you wish to do so, please send a request in writing to info@swi-tecamerica.com. We are also obliged to correct, block or delete any data saved with regard to your account if you request it.