§ 1 Right of retention, retention of title 

 

(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship. 

 

(2) The goods shall remain our property until the purchase price has been paid in full. 

 

(3) If you are an entrepreneur, the following shall apply in addition: 

 

(a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security shall not be permissible. 

 

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, insofar as you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves. 

 

c) In the event of combination and mixing of the reserved goods, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing. 

 

d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us. 

 

 

§ 2 Warranty 

 

(1) The statutory warranty rights shall apply. 

 

(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this shall have no effect on your statutory warranty claims. 

 

(3) Insofar as you are an entrepreneur, the following shall apply in deviation from the above warranty regulations: 

a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer. 

 

b) In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or subsequent delivery. If the rectification of defects fails, you may, at your option, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transport of the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods. 

 

c) The warranty period shall be one year from delivery of the goods. The shortening of the period shall not apply 

 

for culpable damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or by gross negligence;

insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;

in the case of items which have been used in accordance with their customary use for a building and have caused its defectiveness;

in the case of statutory rights of recourse which you have against us in connection with rights arising from defects.

 

§ 3 Choice of law, place of performance, place of jurisdiction 

 

(1) German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favorability). 

 

(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to bring an action before the court at another statutory place of jurisdiction shall remain unaffected. 

 

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply. 

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§ 4 Protection of Minors 

 

(1) When selling goods that are subject to the regulations of the German Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally prescribed minimum age. 

Existing age restrictions are indicated in the respective item description. 

 

(2) By sending your order, you assure that you have reached the legally required minimum age and that the information you have provided regarding your name and address is correct. You are obliged to ensure that only you yourself or persons authorized by you to receive the delivery, who have reached the legally prescribed minimum age, receive the goods. 

 

(3) Insofar as we are obliged by law to carry out an age check, we shall instruct the logistics service provider commissioned with the delivery to hand over the delivery only to persons who have reached the legally prescribed minimum age and, in case of doubt, to have the identity card of the person receiving the goods shown for the age check. 

 

(4) Insofar as we indicate in the respective item description that you must be at least 18 years of age to purchase the goods, the above paragraphs 1-3 shall apply with the proviso that the age of majority must be present instead of the legally prescribed minimum age. 

 

 

II. customer information 

 

§ 1. identity of the seller 

SiriSana GmbH

Langhaldenstrasse 3

CH - 8280 Kreuzlingen

Switzerland

E-mail: info@sirisana.com

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Alternative dispute resolution: 

 

 

§ 2. prices and payment modalities 

 

2.1 The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes. 

 

2.2 The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised. 

 

2.3 If the delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you. Any costs incurred for the transfer of funds shall also be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union. 

 

2.4 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer. 

 

2.5 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately. 

 

3. terms of delivery 

 

3.1 The terms and conditions of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer. 

 

3.2 Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment. 

If you are an entrepreneur, the delivery and shipment shall be at your risk. 

 

§ 4. legal liability for defects 

The liability for defects is governed by the provision "Warranty" in our General Terms and Conditions (Part I). 

 

 

These General Terms and Conditions and customer information have been prepared by the lawyers of the Händlerbund, who are specialized in IT law, and are permanently checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. For more information, please visit: https://www.haendlerbund.de/agb-service.

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