Terms and Conditions | SIEGENIA Onlineshop

For the products: Ventilation Technology, Smart Home and COMFORT UNIT

General Terms & Conditions of the SIEGENIA-AUBI KG

1. Scope

The following Terms and cConditions apply to all orders via our online shop.

These Terms also apply to businesses for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business.

2. Subject of contract

The subject of the contract may be, in addition to the one-off order of our goods, the one-off purchase and provision of a digital content ("Products"). Digital content is data that is created and provided in digital form.

3. Contractual partner, formation of contract, options for corrections

The contract is concluded with SIEGENIA-AUBI KG.

By placing the products in the online shop, we make a binding offer on our part to enter into a contract regarding those items. You may place our products in the shopping basket without obligation and amend your entries at any time prior to submitting your binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the products contained in the shopping basket. Once you have sent your order you will immediately receive a confirmation via e-mail.

4. Contract language, saving of the contract text

The language(s) available for concluding the contract: German, English, French, Dutch, Italian, Polish.

We save the text of the contract and forward the order data and our Terms and Conditions to you on a durable medium. You may also view the text of the contract in our customer login area.

5. Delivery conditions

5.1 Supply of goods and physical data carriers

This section applies to goods and physical data carrier that serve exclusively as carriers of digital content. However, this section does not apply to digital content if and to the extent that the digital content is provided exclusively in digital form.

Delivery costs

Delivery costs are added to the product prices as displayed. Delivery charges are explained within individual product offers.

Delivery options

In addition to the specified product prices, shipping costs are added. Further details on shipping cost amounts can be found in the quotes.

We ship the products to the delivery address specified in the order process.

We only dispatch goods en route; pick up by the customer is not possible.

We do not deliver to a "Packstation".

5.2 Provision of digital content

Digital-only content shall be made available by one of the delivery methods described below: delivery via download page, delivery via e-mail.

6. Payment

TYou provide your credit card details during the ordering process. Your card will be charged immediately after placing your order.

For better understanding, we base the information on the individual payment methods on the time of execution of the payment transaction on a delivery of goods. The following deviations apply depending on the subject matter of the contract:

in the case of orders for physical data carriers which serve exclusively as carriers of digital content, the dispatch or receipt of the data carrier shall take the place of the dispatch or receipt of the goods.
in the case of the provision of digital content which is provided exclusively digitally, the digital provision of the digital content shall take the place of the dispatch or receipt of the goods.

Credit card
In the ordering process, you enter your credit card details. Your card will be charged immediately after you place your order.

SEPA direct debit

By placing an order, you grant us a SEPA direct debit mandate. We will inform you about the date of charging your account at least one bank business day in advance (so-called prenotification). A bank business day is any working day with the exception of Saturdays, national public holidays and the 24th and 31st of December each year. Debiting the account takes place prior to shipping the goods.

PayPal

In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction will be processed by PayPal after placing the order. You will receive further instructions during the ordering process.

PayPal may offer registered PayPal customers further payment modalities in the customer account selected according to its own criteria. However, we have no influence on the offering of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You can find more information on this in your PayPal account.

Invoice

The terms of payment for the purchase on account are 2% discount 14 days net. The invoice amount is to be transferred to the bank account specified in the invoice after receipt of the invoice and goods.

iDEAL Direktüberweisung

iDEAL Direktüberweisung von Ihrem Bankkonto, Currence Ideal B.V. Gustav Mahlerplein 33 35 1082 Ms Amsterdam, Netherlands.

7. Right to cancel

Consumers are entitled to the statutory right to cancel, as described in the instructions on the right to cancel. Businesses are not granted any voluntary right to cancel.

8. Retention of title

The products shall remain our property until full payment is made.

For businesses, the following applies additionally: We reserve ownership of the products until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realisable value of the securities exceeds the value of the open claims by more than 10%.

9. Damage during delivery

For consumer the following applies: If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.

10. Special conditions for digital content

In the case of the provision of digital content, the subject matter of the contract is the permanent provision of the respective content offered. However, this does not include the installation and configuration of the digital content on your end device, if required.

10.1 Rights of use

The digital contents offered are protected by copyright. The rights of use are granted in accordance with the applicable licence agreement/the applicable End User Licence Agreement (EULA) with the respective rights holder.

10.2 Change to digital content

In the case of permanent provision, we may make changes to the digital content that go beyond what is necessary to maintain conformity with the contract if there is:

there is a good reason for doing so,
you do not incur any additional costs as a result of the change, and
we give you clear and understandable notice of the change.

Good cause in this sense includes cases where the change is necessary to adapt the digital product to a new technical environment or to an increased number of users, or where it is necessary for other important operational reasons.

11. Warranty and guarantees

11.1 Liability for defects

We are under a legal duty to supply products that are in conformity with this contract.

Unless expressly agreed otherwise below, the statutory guarantee provisions (liability for defects) shall apply. With respect to consumers, the staturory guarantee provisions of the country of their respective habitual residence shall apply.

The following limitations and reductions of time periods with respect to businesses/merchants shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents:

in the event of injury to life, limb or health
in case of intentional or grossly negligent breach of duty as well as fraudulent intent
in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
within the scope of a voluntary guarantee, if agreed, or
within the scope of application of the Product Liability Act (Produkthaftungsgesetz).

Restrictions in relation to businesses

In relation to businesses, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not accept any liability for public statements made by the manufacturer or other advertising statements. For businesses, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its customary use and has caused the building to be defective. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB (German Civil Code) remain unaffected.

Note to merchants ("Kaufleute" in accordance with HGB - German Commercial Code)

Among merchants ("Kaufleute"), the obligation to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.

Note to merchants ("Kaufleute" in accordance with HGB - German Commercial Code)

Complaints and return of goods

Complaints can be submitted by consumers and businesses to our contact details given in the supplier identification.

When you exercise your warranty rights and we deem it necessary to receive the goods back in order to examine your complaint, you must send back the goods at our cost to the address provided for this purpose. We are committed to respond to any complaint immediately, but no later than within 14 days of its submission.

Notes to consumers

We would like to inform you that the relevant legal presumptions for the statutory reversal of the burden of proof in the event of defects do not apply to the sale of digital content if:

your digital environment was not compatible with the technical requirements of the digital content (as stated in the respective product description) at the relevant time or

2. we are unable to determine whether the requirements of number 1 were met because you did not carry out an act of co-operation that was necessary and possible for you and we wanted to use a technical means to determine this that represented the least intrusion for you. We hereby draw your attention to your obligation to co-operate.

11.2 Guarantees and customer service

Information on any additional voluntary guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop, if applicable.

Customer service: + 49 271 3931 1555

12. Liability

We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents

for injury to life, limb or health
for deliberate or grossly negligent breach of duty
for guarantee commitments, where agreed
towards consumer.

Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.

13. Online dispute resolution

The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/. In order to settle disputes arising from a contractual relationship with a consumer or from whether such a contractual relationship exists at all, we will participate in dispute settlement proceedings before a consumer dispute resolution body. Consumers can contact their national European Consumer Centre in this regard. The respective contact details of the individual ECCs can be found at https://www.evz.de/en/alternative-dispute-resolution/adr-in-europe/. The competent body in this matter is: Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany, https://www.universalschlichtungsstelle.de/.

14. Final provisions

If you are a business, German law applies, to the exclusion of the UN Sales Convention.

If you are a "Kaufmann" within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.

For the products: Spare parts for fittings

General Terms & Conditions of the SIEGENIA-AUBI Sicherheits-Service GmbH

General Terms & Conditions

1. Scope

The following Terms and Conditions (Terms) apply to all orders placed via our online shop.

2. Contractual partner, formation of contract, options for corrections

The contract is concluded with SIEGENIA-AUBI Sicherheits-Service GmbH.

3. Contract language, saving of the contract text

The language(s) available for concluding the contract: German, English, French, Dutch, Italian, Polish.

We save the text of the contract and forward the order data and our Terms and Conditions to you on a durable medium. You may also view the text of the contract in our customer login area.

4. Delivery conditions

In addition to the specified product prices, shipping costs are added. Further details on shipping cost amounts can be found in the quotes.

Delivery costs

Delivery costs are added to the product prices as displayed. Delivery charges are explained within individual product offers.

Delivery options

We ship the products to the delivery address specified in the order process.

We only dispatch goods en route; pick up by the customer is not possible.

We do not deliver to a "Packstation".

5. Payment

The following payment methods are basically available in our online shop.

Credit card
In the ordering process, you enter your credit card details. Your card will be charged immediately after you place your order.

SEPA direct debit
By placing an order, you grant us a SEPA direct debit mandate. We will inform you about the date of charging your account at least one bank business day in advance (so-called prenotification). A bank business day is any working day with the exception of Saturdays, national public holidays and the 24th and 31st of December each year. Debiting the account takes place prior to shipping the goods.

PayPal
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction will be processed by PayPal after placing the order. You will receive further instructions during the ordering process.

Invoice
The invoice amount is due 30 days upon receipt of the invoice and the goods 30 days upon receipt of the invoice and the goods by bank transfer to our bank account. We reserve the right to allow payment by invoice only after we verify your credit rating.

iDEAL

Direktüberweisung von Ihrem Bankkonto, Currence Ideal B.V. Gustav Mahlerplein 33 35 1082 Ms Amsterdam, Netherlands

6. Right to cancel

Consumers are entitled to the statutory right to cancel, as described in the instructions on the right to cancel. Businesses are not granted any voluntary right to cancel.

7. Retention of title

The products shall remain our property until full payment is made. For businesses, the following applies additionally: We reserve ownership of the products until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realisable value of the securities exceeds the value of the open claims by more than 10%.

8. Warranty and guarantees

8.1 Liability for defects

We are under a legal duty to supply products that are in conformity with this contract.

The following limitations and reductions of time periods with respect to businesses/merchants shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents.

in the event of injury to life, limb or health
in case of intentional or grossly negligent breach of duty as well as fraudulent intent
in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
within the scope of a voluntary guarantee, if agreed, or
within the scope of application of the Product Liability Act (Produkthaftungsgesetz).

Restrictions in relation to businesses

Note to merchants ("Kaufleute" in accordance with HGB - German Commercial Code)

Complaints and return of goods

Complaints can be submitted by consumers and businesses to our contact details given in the supplier identification.

8.2 Guarantees and customer service

Information on any additional voluntary guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop, if applicable.

Customer service: + 49 3931 1555

9. Liability

We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents

for injury to life, limb or health
for deliberate or grossly negligent breach of duty
for guarantee commitments, where agreed
towards consumer.

Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.

10. Online dispute resolution

11. Final provisions

If you are a business, German law applies, to the exclusion of the UN Sales Convention.