T&C

Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (SiriSana GmbH) via the website www.sirisana.com. Unless otherwise agreed, the inclusion of any own conditions used by you is contradicted.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity. Entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods.

(2) Already by placing the respective product on our website, we make you a binding offer to conclude a contract for the online shopping cart system under the conditions stated in the article description.

(3) The contract is concluded via the online shopping cart system as follows:

The goods intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time.

After clicking on the button "Cash register" or "Continue to order" (or similar name) and entering the personal data as well as the payment and shipping conditions, the order data will be displayed as an order summary.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as payment method, you will either be taken to the order overview page in our online shop or forwarded to the website of the provider of the instant payment system.

If you are forwarded to the respective instant payment system, make the corresponding selection or Finally, the order data will be displayed as an order summary on the website of the provider of the instant payment system or after you have been directed back to our online shop.

Before sending the order, you have the option to check the information in the order overview again, to change them (also via the "back" function of the Internet browser) or to cancel the order.

By sending the order via the corresponding button ("order subject to payment", "buy" / "buy now", "order for a fee", "pay" / "pay now" or similar designation) you declare the acceptance of the offer legally binding, whereby the contract is concluded.

(4) Your inquiries for the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days (unless no other deadline is indicated in the respective offer).

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the reception of the e-mails is technically ensured and in particular is not prevented by SPAM filters.

§ 3 Special agreements on offered payment methods

(1) SEPA direct debit

When paying by SEPA direct debit, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate.

The deadline for submitting the pre-notification is reduced to 5 days before the due date. You are obliged to ensure that the account is sufficiently covered by the due date. In the event of a chargeback due to your fault, you must bear the applicable bank charge.

§ 4 Right of retention, retention of title

(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

§ 5 Warranty

(1) The statutory liability rights for defects exist.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to inform us and the freight forwarder of complaints as soon as possible. If you do not comply with this, this has no effect on your statutory warranty claims.

(3) Insofar as a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you have been informed of the same by us before submitting the declaration of contract and the deviation has been expressly and separately agreed between the contracting parties.

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

(1) German law applies. In the case of consumers, this choice of law only applies insofar as this does not deprive the protection granted by mandatory provisions of the law of the country of the consumer's habitual residence (principle of afavenity).

(2) The place of performance for all services from the existing business relationships with us as well as the place of jurisdiction is our registered office, insofar as you are not a consumer, but a merchant, a legal person under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or the domicile or habitual residence is not known at the time of filing the action. The authority to also appeal to the court at another legal place of jurisdiction remains unaffected by this.

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

  1. Identity of the seller

     SiriSana GmbH
     Langhaldenstr. 3
     8280 Kreuzlingen
     Switzerland
     Email: info@sirisana.com

Alternative dispute occupation:

The European Commission will discontinue the platform for out-of-court online dispute resolution (OS platform) on 20.07.2025

We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1. Contract language is German.

3.2. The complete contract text is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically backed up via the print function of the browser. After receipt of the order, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you again by e-mail.

3.3. For quotation requests outside the online shopping cart system, you will receive all contract data in text form as part of a binding offer, e.g. by e-mail, which you can print out or save electronically.

4. Code of Conduct

4.1. We have submitted to the buyer seal quality criteria of Händlerbund Management AG, available at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf(https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf).

5. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

6. Prices and payment methods

6.1. 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.

6.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, will be shown separately in the course of the ordering process and are additionally to be borne by you, unless free shipping is promised.

6.3. If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.

6.4. Costs incurred in the transfer of money (transfer or exchange rate fees of the credit institutions) are to 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.

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

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

7. Terms of delivery

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

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

8. Statutory right of liability for defects

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

These terms and conditions and customer information were created by the lawyers of the Händlerbund specializing in IT law and are permanently checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service(https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).

Last update: 22.10.2024