Terms of Service

Scope

These terms and conditions (in German "Allgemeine Geschäftsbedingungen" or "AGB"), hereinafter referred to as “TOC”, apply to all services and purchases made on the Create with Swift website (createwithswift.com), operated by MORE LOVE VENTURES GmbH in the version valid at the time the order was placed. Deviating general terms and conditions of the customer will be rejected.

MORE LOVE VENTURES GmbH offers the provision and sale of free and paid, physical and digital content, tools, templates and products as well as consulting services, workshops and events for private and business customers. The terms and conditions apply to private and business customers.

Private customers are natural people with a place of residence and a delivery address in the Federal Republic of Germany, the EU or abroad, insofar as the goods or services they have ordered cannot be attributed to their commercial or independent professional activity. Business customers are asked to place orders on the channels provided for business customers. A new admission as a business customer can be made in writing by e-mail and must be confirmed in writing by MORE LOVE VENTURES GmbH. For the provision of services for business customers, extended conditions may apply, which must be agreed in writing.

Conclusion of Contract

The products and services presented on the website do not constitute a legally effective offer and only serve to invite the customer to make an offer. An order for a product or a service represents an offer to MORE LOVE VENTURES GmbH to conclude a legally effective purchase contract. The purchase contract only comes into being through a declaration of acceptance by MORE LOVE VENTURES GmbH, which in the case of products is either confirmed by delivery of the goods or confirmation of dispatch by e-mail, and in the case of services by taking up the service. An order confirmation does not represent a declaration of acceptance by MORE LOVE VENTURES GmbH.

Access to the website requires free registration. By registering on the systems of Create with Swift, the customer accepts the terms and conditions. The customer will be informed about the respective services and terms of payment upon conclusion of contractual relationships that are subject to payment. Invoices are provided via email.

Prices and Shipping Costs

The awarded prices are final prices including sales tax (VAT). The amount that is shown at the time of the binding order applies. In addition, there are shipping costs for physical products, which depend on the shipping method and the size and weight of the goods ordered by the customer. The customer bears the regular costs of the return, which arise in the event of a return of the goods by the customer in the exercise of their right of withdrawal. If you exercise your right of withdrawal, MORE LOVE VENTURES GmbH will also reimburse the shipping costs for the delivery, unless separate special services have been agreed here. Registration on the website may be necessary to use services. If a paid service is used, the customer will be informed about the scope of services and the associated costs.

Payment

Payment is made after conclusion of the contract using Apple Pay, Google Pay, credit card, direct debit, prepayment, invoice, Giropay, Paydirekt, PayPal, Klarna, provided that a corresponding transaction is offered in the payment process. Payment on account is not possible unless agreed separately and in writing. Payment on account is not possible for digital products or services that are transmitted online or made available for use. Invoice amounts are due for payment upon receipt of the invoice. MORE LOVE VENTURES GmbH is entitled to adapt or not to offer the payment methods offered in individual cases and in general at its own discretion. When paying by SEPA direct debit mandate, online payment method or by credit card, MORE LOVE VENTURES GmbH is authorized by the customer to collect amounts due.

Late Payment

If the customer is in default of payment, MORE LOVE VENTURES GmbH is entitled to demand default interest of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. If MORE LOVE VENTURES GmbH has demonstrably incurred higher damage caused by delay, MORE LOVE VENTURES GmbH is entitled to assert this. In the case of returned direct debits for which the customer is responsible, MORE LOVE VENTURES GmbH charges a flat-rate compensation amounting to 5 EURO per direct debit. The customer is free to prove that no damage has occurred or that it is less than the flat rate.

Customer Account

(1) If the customer registers on the website or systems of MORE LOVE VENTURES GmbH, the customer account will only be made available for personal use. Use by third parties or transfer of the account to third parties is not permitted. The customer is entitled to unsubscribe in writing by post or email at any time without giving reasons. In this case, the contractual relationship for the use of the customer account expires.

(2) If the customer uses a paid service or products that are offered for specific booking periods, such a service can be canceled no later than 30 days before the end of the current booking period. Otherwise, the paid contractual relationship is extended by the selected booking period. Cancellations that do not meet this deadline will only take effect at the end of the following booking period. Cancellations must be made in writing, stating the full name, address and the e-mail address stored in the customer account, by post or e-mail and must be confirmed in writing by MORE LOVE VENTURES GmbH. Cancellations should be sent to:

MORE LOVE VENTURES GmbH
Worringer Str. 70
40211 Düsseldorf

If offered, paid memberships can be canceled on the MORE LOVE VENTURES GmbH website. For this purpose, a paid membership can be converted into a free membership in the account settings of the website at the earliest possible date or canceled completely at the earliest possible date. Pro rata membership fees are to be paid up to the next possible date of termination, even if the service is no longer used.

(3) The customer is obliged not to provide any intentionally false or fraudulent misrepresentations in the customer account or other areas of the website or within digital products operated by MORE LOVE VENTURES GmbH. In the event of a violation, MORE LOVE VENTURES GmbH reserves the right to take civil legal action and is entitled in such a case to terminate the contractual relationship without notice. In the event of a culpable violation of the contractual conditions, the customer is obliged to pay damages for the remaining term of the contract. Compensation for damages is set at the amount of the agreed fee minus saved expenses. Expenses saved are set at a flat rate of 10% of the fee. The customer is free to prove that no damage has occurred or that it is less than the estimated compensation or that the expenses saved are actually higher than specified.

(4) MORE LOVE VENTURES GmbH is authorized to terminate the contract at any time at its own discretion, with or without prior notice and without giving reasons to the customer. MORE LOVE VENTURES GmbH reserves the right to remove customer profiles and customer data or information provided by the customer from the user account. MORE LOVE VENTURES GmbH does not have to inform the customer about the process or the reason for the deletion of information or data. After termination of the contractual relationship, all customer data will be deleted by MORE LOVE VENTURE GmbH, unless there are legal regulations to the contrary.

Retention

The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

Delivery

(1) Delivery is made to the delivery address specified by the customer within Germany or Europe. Different delivery addresses abroad can be agreed separately in writing and must be confirmed in writing by MORE LOVE VENTURES GmbH in any case. In any case, the costs are to be borne by the customer and are non-refundable. In particular, import duties, taxes or other fees that arise from any delivery outside the EU, otherwise to be borne entirely by the customer. For more information on local duties, fees and regulations, please contact your local customs office.

(2) Information on the availability of products and services is estimated information and does not constitute a guaranteed delivery or availability date unless this is expressly guaranteed. If ordered products or services are no longer available, the customer will be informed by email. Delivery takes place after conclusion of the contract.

(3) If force majeure (natural disasters, war, civil war, terrorist attack) makes the delivery or any other service permanently impossible, MORE LOVE VENTURES GmbH is not obliged to perform. Amounts already paid will be refunded immediately by MORE LOVE VENTURES GmbH. Amounts for partially rendered services can be withheld.

(4) MORE LOVE VENTURES GmbH can also refuse the service if this requires an effort that is grossly disproportionate to the customer's interest in the fulfillment of the purchase contract, taking into account the content of the purchase contract and the requirements of good faith. Amounts already paid will be refunded immediately by MORE LOVE VENTURES GmbH.

(5) For selected product groups and services, including all digital content and products or software that are not made available on physical data carriers, there is no right of cancellation if the download or use of the product or service has already begun.

Returns

When returning the goods and the accessories, the original packaging should be used if possible, even if it was damaged by an opening for the functional test. The fully completed return form enclosed with the delivery of the goods must also be used. When returning, a return method with tracking must be selected.

Retention of Title

The delivered goods remain the property of MORE LOVE VENTURES GmbH until all claims against the customer from the purchase contract have been settled in full. As long as this retention of title exists, the customer may neither resell nor dispose of the goods; in particular, the customer may not contractually grant any use of the goods to third parties.

Right of Withdrawel

Private customers have a right of withdrawal according to the following conditions:

(1) For all products for which cancellation cannot be ruled out, the customer has the right to withdraw from the purchase contract within 14 days without giving a reason. The withdrawal period begins on the day the goods are taken possession of by the customer or a named third party who is not the carrier, or on the day the contract is concluded in the case of digital products or services.

(2) The customer can exercise his right of cancellation by means of a clear declaration of his decision to cancel the contract by post or email. The revocation is to be addressed to:

MORE LOVE VENTURES GmbH
Worringer Str. 70
40211 Düsseldorf

MORE LOVE VENTURES GmbH will confirm the revocation in writing by e-mail. To comply with the cancellation period, a notification of the exercise of the right of cancellation within the cancellation period is sufficient, provided that the goods are dispatched within the periods defined below.

(3) As a result of the revocation, MORE LOVE VENTURES GmbH will reimburse all amounts received, including shipping or delivery costs (with the exception of agreed special services), immediately and within 14 days of the day on which the declaration of revocation was received. The repayment will be made using the same means of payment with which the customer paid the original amount, unless otherwise agreed. Deviating agreements must be confirmed in writing by MORE LOVE VENTURES GmbH and may require fees to be borne by the customer. If the customer has made use of his right of cancellation while a service has already been partially rendered or use has already begun, the customer is to pay a reasonable amount for the service already rendered up to the time the right of cancellation is exercised in comparison to the total scope of the intended service to pay. For selected product groups and services, including all digital content and products or software that are not provided on physical data carriers, there is no right of withdrawal if the download or use of the product or service has already begun.

(4) MORE LOVE VENTURES GmbH can refuse repayment until the customer has returned the goods or has provided proof that the goods have been returned. When using digital products or services, the use must be stopped from the time of the declaration of revocation, otherwise the revocation is considered void with reference to the continuation of use by the customer. The customer must return the goods immediately and at the latest within 14 days of the declaration of revocation to:

MORE LOVE VENTURES GmbH
Worringer Str. 70
40211 Düsseldorf

The deadline is met if the customer sends the goods before the deadline expires. The direct costs of the return are to be borne by the customer

(5) The customer only has to pay for any loss in value of the goods if this is attributable to the customer to an unnecessary extent in terms of the nature, properties and functionality of the goods. Furthermore, there is no right of withdrawal for goods or services that have been manufactured or clearly adapted to customer specifications or services that have been provided in full by MORE LOVE VENTURES GmbH and the customer has acknowledged and accepted before placing the order that the provision of the service entails the right of withdrawal expires upon complete fulfillment of the contract.

Defect Rights

(1) A product that was already defective upon delivery (warranty case) will be replaced by MORE LOVE VENTURES GmbH with a product free of defects or professionally repaired (subsequent performance) at the customer's option and at the expense of MORE LOVE VENTURES GmbH. The customer is informed that there is no warranty case if the product had the agreed quality at the time of the transfer of risk. A warranty case does not exist in the following cases in particular:

a) in the event of damage caused by misuse or improper use by the customer,

b) in the event of damage caused by the products being exposed to harmful external influences (in particular extreme temperatures, humidity, unusual physical or electrical stress, voltage fluctuations, lightning strikes, static electricity, fire).

(2) Furthermore, MORE LOVE VENTURES GmbH does not provide any guarantee for an error caused by improper repair by a service partner not authorized by the manufacturer.

(3) If the type of supplementary performance desired by the customer (replacement delivery or repair) requires an effort which, in view of the product price, taking into account the content of the contract and the requirements of good faith, is grossly disproportionate to the customer's interest in performance - with the value of the object of purchase in particular being defect-free condition, the significance of the defect and the question of whether the other type of subsequent performance can be used without significant disadvantages for the customer - the customer's claim is limited to the other type of subsequent performance. The right of MORE LOVE VENTURES GmbH to refuse this other type of supplementary performance under the aforementioned condition remains unaffected.

(4) Both in the case of repairs and in the case of replacement delivery, the customer is obliged to send the product to the return address specified by MORE LOVE VENTURES GmbH at the expense of MORE LOVE VENTURES GmbH, stating the order number. Before sending in the customer has to remove objects inserted by him from the product. MORE LOVE VENTURES GmbH is not obliged to examine the product for the installation of such items. MORE LOVE VENTURES GmbH is not liable for the loss of such items, unless MORE LOVE VENTURES GmbH was immediately aware when the product was taken back that such an item had been inserted into the product (in this case MORE LOVE VENTURES GmbH will inform you the customer and keeps the item ready for the customer to collect; the customer bears the costs incurred). In addition, before sending in a product for repair or replacement, the customer must, if necessary, make separate backup copies of the system software on the product, the applications and all data on a separate data medium and deactivate all passwords. Liability for data loss is not taken. Likewise, after the repaired or replacement product has been returned to the customer, it is the customer's responsibility to install the software and data and to reactivate the passwords.

(5) If the customer sends the goods in to get a replacement product, the return of the defective product is based on the following stipulation: If the customer was able to use the goods between delivery and return in a defect-free condition, the customer must reimburse the value of the benefits he derived . The customer must pay compensation for loss or further deterioration of the goods that was not caused by the defect and for the impossibility of handing over the goods not caused by the defect in the period between delivery of the goods and return of the goods. The customer does not have to pay any compensation for the deterioration of the goods caused by the intended use of the goods. The obligation to compensate for the value does not apply to the return of a defective product in a warranty case,

a) if the defect that entitles you to withdraw only became apparent during processing or transformation,

b) if MORE LOVE VENTURES GmbH is responsible for the deterioration or the loss or if the damage would also have occurred at MORE LOVE VENTURES GmbH,

c) if the deterioration or loss has occurred at the customer's premises, although he has observed the care that he uses in his own affairs.

(6) The customer's obligation to pay damages in the event of a breach of the obligation to return the goods for which the customer is responsible is based on the statutory provisions.

(7) The customer can choose to withdraw from the contract or reduce the purchase price if the repair or replacement delivery does not lead to a contractual condition of the product within a reasonable period of time.

(8) In addition, there may also be claims against the manufacturer within the framework of a guarantee granted by the manufacturer, which are based on the corresponding guarantee conditions.

(9) The statutory warranty of MORE LOVE VENTURES GmbH ends two years after delivery of the goods. The deadline starts once goods are received.

Liability

(1) In the case of slight negligence, MORE LOVE VENTURES GmbH is only liable for the breach of essential contractual obligations and limited to the foreseeable, contract-typical damage. This limitation does not apply to injury to life, limb or health. MORE LOVE VENTURES GmbH is not liable for other damage caused by slight negligence due to a defect in the purchased item.

(2) Irrespective of whether MORE LOVE VENTURES GmbH is at fault, MORE LOVE VENTURES GmbH's liability in the event of fraudulent concealment of the defect or the assumption of a guarantee remains unaffected. The manufacturer's guarantee is a guarantee from the manufacturer and does not represent the assumption of a guarantee by MORE LOVE VENTURES GmbH.

(3) MORE LOVE VENTURES GmbH is also responsible for the impossibility of delivery that occurs by chance during their delay, unless the damage would have occurred even if the delivery had been made on time.

(4) The personal liability of the legal representatives, vicarious agents and employees of MORE LOVE VENTURES GmbH for damage caused by them through slight negligence is excluded.

(5) When providing free or paid digital products or services, use is at your own risk and MORE LOVE VENTURES GmbH is not liable for any damage arising from the use of the products or services. This applies in particular to aspects of data security, for which the customer has to take his own measures for backups etc. Products and services that relate to standardized processes or procedures, MORE LOVE VENTURES GmbH expressly points out that optimal results can only be achieved with an individual adjustment to the specific context of the customer. If no separate and chargeable services from MORE LOVE VENTURES GmbH are used for this, correct use of the products or services cannot be guaranteed and is at your own risk.

Applicable Law

The contract concluded between the customer and MORE LOVE VENTURES GmbH is exclusively subject to the law of the Federal Republic of Germany, with the express exclusion of the UN sales law. The mandatory provisions of the state in which the customer has his habitual residence remain unaffected.

Dispute Resolution

General information requirements for alternative dispute resolution in accordance with Art. 14 Para. 1 ODR-VO and Section 36 VSBG (Consumer Dispute Settlement Act):

The European Commission provides a platform for online dispute resolution (OS), which can be found at the following address: http://ec.europa.eu/consumers/odr/. MORE LOVE VENTURES GmbH is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

Data Protection

MORE LOVE VENTURES GmbH provides information about the processing of personal data in the Privacy Policy.

Final Provisions

(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the rest of the contract, insofar as a contractual partner is not unreasonably disadvantaged as a result.

(2) Changes or additions to this contract must be in writing.