GENERAL TERMS AND CONDITIONS

for Private Customers when Purchasing SwiftAlarm! Services

(Version dated 7/1/2019)

The following provisions apply in the relationship between you and us in the area of the free or chargeable purchase of services.

 

The products purchased in the online shop are subject to the General Terms and Conditions for Private Customers when purchasing SwiftAlarm! products (version dated 1.10.2017). You can find them here...

 

For the use of the free SwiftAlarm! App apply EULA / T&C of SwiftAlarm ESS Ltd. (version of 1.7.2019). You can find them here...

 

§ 1 CONTRACTUAL PARTNER, SCOPE OF APPLICATION
The contractual partner within the scope of the following General Terms and Conditions is SwiftAlarm! ESS Deutschland GmbH, AG Munich, HRB 218199 (hereinafter referred to as "SwiftAlarm!"/"we") and you, our customer.
The address of the company is: SwiftAlarm! ESS Deutschland Ltd, Schongauer Strasse 28, 86972 Altenstadt, Germany. Invoices may be issued by third parties, including SwiftAlarm Deutschland GmbH, in our name and on our behalf.

All deliveries and services provided by SwiftAlarm! to customers are made exclusively on the basis of the following General Terms and Conditions in the version valid at the time of the order.

Deviating regulations are contradicted. Regulations other than those contained herein shall only become effective with the express agreement of a representative of SwiftAlarm! authorised to manage the business and the respective customer. All communication within the framework of the declarations relevant to the contract shall take place in the German language.

The General Terms and Conditions in their current version at the time of the order shall also apply to future orders, even if they are not expressly agreed again. The customer is entitled to print out the General Terms and Conditions.


§ 2 SUBJECT OF PERFORMANCE
SwiftAlarm! offers on swiftalarm.de and the SwiftAlarm! Apps and with the SwiftAlarm! Shop offers an Internet service via which the customer can order the services offered there. In addition to other potential services, the range of services on offer primarily includes 

the Rapid Response Center (a 24-hour security center),
Friends United (a Voip solution) and
Dual Security (an online sms delivery).

These services can be purchased bundled : Dual Security and Friends United in package "medium" and Dual Security, Friends United, Rapid Response in package "large".

 

§ 3 TECHNICAL REQUIREMENTS
In order to be able to use SwiftAlarm!'s services conveniently, customers must meet certain minimum technical requirements:

  • a standard Internet connection

  • the SwiftAlarm! SOS App or any other SwiftAlarm App that allows you to use the latest version on an Android or iOs smartphone in the required minimum configuration.

  • the Adobe PDF-Reader.

 

§ 4 REGISTRATION AND CONCLUSION OF CONTRACT
1. The offers of SwiftAlarm! represent a non-binding invitation to the customer to order services. SwiftAlarm! only enters into contractual relationships with persons who have reached the age of 18 and who are otherwise fully contractually capable.

2. The customer places an order for services, he must first register on SwiftAlarm.de or order it for a person who is registered in this way.

2.1 The data requested as a result of registration must be entered correctly. In particular, the Customer may not provide any data from third parties and is also obliged to notify SwiftAlarm! immediately of any changes to the data.

2.2 Sending the completed registration form constitutes the Client's offer to conclude an agreement on access to and use of SwiftAlarm! The confirmation e-mail embodies the acceptance of the offer by SwiftAlarm! It can also be read as a pdf file by the authorised user in the settings. The user agreement is thus concluded.

2.3 SwiftAlarm! is entitled to refuse individual registrations without giving reasons.

The desired services are ordered by filling out and sending the online order form on the Internet.  3.1By placing an order, the customer makes a binding offer to conclude a purchase or subscription contract. The offer is binding at the latest upon receipt by SwiftAlarm! in the respective receiving device. If the Customer has provided an e-mail address, he will receive an automatically generated acknowledgement of receipt upon receipt of the offer.

3.2 The various subscriptions always have an unlimited term. On the one hand, they are automatically extended if they are not actively cancelled by the user. On the other hand, however, they can be terminated properly with effect from the end of the current contract term. Both parties also reserve the right to terminate a subscription with immediate effect for good cause. Such cancellations must be made in writing.

4. SwiftAlarm! is entitled to accept this offer within a period of one calendar day by sending an order confirmation or by making the ordered services available.

 

§ 5 ACCESS DATA
The access data (user name or e-mail address and password) are exclusively intended for personal use by the user. The user may not pass on the access data to third parties or disclose them in any other way. If the user becomes aware of or suspects any misuse of his access data, the user must notify SwiftAlarm! immediately. The user shall be liable for all consequences of third-party use if he is responsible for the misuse of his access data. This can also lead to unauthorised orders being remunerated. The user's liability shall not end until he has informed SwiftAlarm! of the unauthorised use or loss of the access data and, if necessary, changed the password.

SwiftAlarm! shall be entitled to change the user's access data in the event of violations of these terms and conditions of use, in particular due to

false information during registration

and/or unauthorised disclosure of the access data, in particular the password

misuse of services (especially misuse of the RRC or Dual Security)

temporarily or permanently and/or to terminate the User's access with immediate effect or at the discretion of SwiftAlarm! for good and/or to terminate the User Agreement extraordinarily and without notice. In such a case, a customer may not re-register without the express prior consent of SwiftAlarm!


§ 6 RIGHT OF REVOCATION (REVOCATION INSTRUCTION)
The customer's right of revocation is expressly pointed out.

In this case, please contact us in text form about the reason for the revocation:

widerspruch@swiftalarm.com


§ 7 PRICES AND TERMS OF PAYMENT
The prices of the individual offers follow from the respective offer presentation.

All prices quoted are inclusive of the applicable statutory value-added tax (currently 19 percent in Germany) without packaging and shipping costs at the time of ordering. Any connection costs to the respective Internet or mobile phone provider of the user are not included.

Updating the SwiftAlarm! website will invalidate all previous prices and other information about your services. The version valid at the time the order is placed shall prevail.

Prices for services may decrease or increase during the term of the User Agreement. Such changes do not affect the current subscriptions. However, if the user actively wishes to renew a subscription to SwiftAlarm! .de, the current subscription price will apply for the renewal.

Both the fee for individual use and the fee for the selected subscription must be paid in advance and are due for payment immediately after completion of the order.

The term of a subscription cannot be interrupted. Therefore, no reimbursement of subscription fees for such interruptions can be considered.

SwiftAlarm! may offer various payment options (e.g. credit card, Sofortüberweisung or Paypal) without being obliged to do so. Payment processing via payment system providers (e.g. PayPal) is subject exclusively to the terms and conditions of use and business of the relevant payment system provider; if applicable, the customer must also have a user account with the provider. The individual payment methods are described in more detail in the section Payment methods.

If the Customer does not meet his payment obligations or if any amounts paid are charged back or charged back, SwiftAlarm! SwiftAlarm! is entitled, subject to further claims, to block access to the Customer's user account. If the access is blocked due to outstanding payment claims and these are settled, the access will be unblocked again.


§ 8 STORAGE OF THE CONTRACT TEXT
SwiftAlarm! does not provide for any separate contractual texts on the basis of these General Terms and Conditions. The content of the agreements concluded with SwiftAlarm! therefore follows from these General Terms and Conditions of Use together with the identity of SwiftAlarm! and the user as the contracting party and the subject matter of the agreements concluded. In this respect, SwiftAlarm! does not store "the contract text" specific to the person of the user.

Order data is stored by SwiftAlarm! These can be printed in the form of an "order confirmation". Once the order has been sent, it is displayed in the customer's browser. If the customer has registered, he will also receive all relevant data by e-mail, which can also be printed out.

 

§ 9 TERMS OF DELIVERY
The services are delivered directly online and/or as a PDF document.

If, contrary to expectations, a service ordered by the customer is not available for reasons for which SwiftAlarm! is not responsible, despite timely disposition, SwiftAlarm! will immediately inform the customer of the unavailability and, in the event of withdrawal, will immediately refund any payments already made to the customer.

Insofar as SwiftAlarm! If SwiftAlarm! is in default of delivery for reasons for which it is responsible or if delivery becomes impossible and this is not due to intent or gross negligence, liability for damages is excluded. Further claims of the customer remain reserved.

If delays in delivery are due to reasons for which SwiftAlarm! is not responsible (force majeure, fault of third parties, etc.), the deadline will be extended accordingly. The customer will be informed immediately. If the causes of the delay last longer than four weeks after conclusion of the contract, each party is entitled to withdraw from the contract.

 

§ 10 POSSIBILITY OF USE AND RIGHTS OF USE WITH REGARD TO SERVICES
The services may only be used for the user's own non-commercial purposes. The user is prohibited from other or more extensive uses and exploitations. Neither SwiftAlarm! nor any third party issuing such a service grants such rights of use to the user. Therefore, it is in particular not permitted to make additional copies of the App under a user name, to use, edit or redesign services differently and to publish or exploit the result, to pass on the rights to third parties or otherwise disseminate them. This also applies to use in intranets or extranets.

§10 Abs. 1 applies, subject to the legal limits of copyright, regardless of the purpose of use or exploitation and regardless of the form or embodiment of the service at the relevant time. § 11 (1) also applies not only to all service rentals as a whole, but also, subject to the statutory limitations of copyright law, to all individual services and parts thereof, unless the part in itself enjoys no copyright or other statutory protection.

SwiftAlarm! reserves the right to label services of the user with the name and/or e-mail address of the user. In addition, SwiftAlarm! reserves the right to mark services and individual contents with further measures that are not easily recognizable for the user in order to protect them from misuse.

SwiftAlarm! reserves the right to block access to the user's services if the user has acted contrary to § 10 Para. 1 or unauthorised third parties have made the use or exploitation of services or parts thereof possible.


§ 11 LIABILITY
SwiftAlarm! is liable for damages of the customer which were caused intentionally or grossly negligently, which are the result of the absence of a guaranteed quality of the object of performance, which are based on a culpable violation of essential contractual obligations (so-called cardinal obligations), which are the result of a culpable violation of health, body or life, or for which liability is provided for under the Product Liability Act, according to the statutory provisions.

Cardinal obligations are those contractual obligations the fulfilment of which is essential for the proper performance of the contract and the compliance with which the contractual partner may regularly rely, and the breach of which on the other hand endangers the achievement of the purpose of the contract.

In the event of a breach of a cardinal obligation, liability - insofar as the damage is based solely on slight negligence and does not affect life, limb or health - shall be limited to such damage which must typically and foreseeably be expected to occur within the framework of the provision of services such as the contractual services.

Otherwise, liability - for whatever legal reason - towards both SwiftAlarm! and SwiftAlarm!'s vicarious agents is excluded.

SwiftAlarm! shall not be liable for any damage suffered by the customer as a result of the loss of data if the damage would have been avoided if the customer had backed up all relevant data regularly, completely and with reasonable frequency to the value of the data.

§ 12 USE OF EMAIL ADDRESS
SwiftAlarm! is entitled to use the email address provided by the customer during registration for direct marketing of SwiftAlarm! -subscriptions or individual calls and to inform the user about his existing subscriptions and about SwiftAlarm! in general.

If, however, the User no longer wishes to receive direct mail, he/she may at any time notify the appropriate use of the e-mail address in text form to

 

widerspruch@swiftalarm.com

 

without incurring any costs other than the transmission costs according to the basic tariffs.


§ 13 TERMINATION BY THE USER
The user can terminate the user agreement at any time by using the app. The user has the option to terminate the user agreement by sending an e-mail to

 

widerspruch@swiftalarm.com

 

or in writing by fax or letter.

 

After termination of the user agreement, the user has no access to SwiftAlarm! Services more. The user will not be reimbursed for services still in progress.

Both parties reserve the right to extraordinary termination for good cause.


§ 14 DATA PROTECTION
The protection and security of the personal data of our users is very important to us. All information on this can be found in the SwiftAlarm! data protection information, the current version of which can be found at

 

https://www.swiftalarm.de/datenschutz


§ 15 AMENDMENT OF THE GENERAL TERMS AND CONDITIONS OF USE AND BUSINESS
SwiftAlarm! reserves the right to change these Terms and Conditions at any time and without giving reasons. The new General Terms and Conditions will be sent to the customer by e-mail if the customer has provided an e-mail address. They shall be deemed agreed if the customer does not object to their validity within 14 days of receipt of the e-mail. The objection requires the text form, i.e. at least one e-mail. SwiftAlarm! will inform the customer separately in the e-mail about the possibility of objection, the deadline and the consequences of your inaction. If the customer objects, both the customer and SwiftAlarm! have the right to terminate the user agreement with immediate effect by giving notice of termination.

The possibility of amending the General Terms and Conditions of Use and Business in accordance with § 17 (1) shall not apply to amendments that restrict the content and scope of the core use options of SwiftAlarm! available to the respective user to the detriment of the user, nor to the introduction of new obligations for users that have not yet been laid down in the General Terms and Conditions of Use and Business.

 

§ 16 PROHIBITION ON OFFSETTING
The customer may only offset claims of SwiftAlarm! against undisputed or legally established counterclaims. The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.


§ 17 LIABILITY
The user agreement and the contracts concluded on SwiftAlarm! .de as well as these General Terms and Conditions of Use and Business including their interpretation shall be governed exclusively by the laws of the Federal Republic of Germany. The application of German international private law and the UN Convention on Contracts for the International Sale of Goods is excluded.


§ 18 INEFFECTIVE CLAUSES, PLACE OF JURISDICTION, APPLICABLE LAW
Should one or more provisions of these GTC be invalid, this shall not invalidate the entire contract. The ineffective regulation is replaced by the relevant legal regulation.

If the customer is a merchant, a legal entity under public law or a special fund under public law, Berlin shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The same shall apply if a customer has no general place of jurisdiction in Germany, a customer has moved his place of residence or habitual abode abroad after conclusion of the contract or his place of residence or habitual abode is unknown at the time the action is filed.

German law shall apply to the conclusion and execution of all contracts. The validity of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.


§ 19 PROVIDER IDENTIFICATION
SwiftAlarm! Germany

represented by the managing director : Ali Khan Halmatoglu


Munich Local Court, HRB96526 AG Munich,
VAT ID No: DE127993971

 

Bank Account
BLZ: 500 400 00
IBAN: DE 117 004 004 004 104 006 003 00
BIC/SWIFT code: COBA DEFF XXX
Institute: Commerzbank

 

Contact us

E-mail: info@swiftalarm.com


In accordance with EU Regulation No. 524/2013, the EU Commission has provided an interactive website (OS platform) for the settlement of out-of-court disputes arising from online legal transactions. The OS platform of the EU Commission can be found under this link: http://ec.europa.eu/consumers/odr

 

The products purchased in the online shop are subject to the General Terms and Conditions for Private Customers when purchasing SwiftAlarm! products (version dated 1.10.2017). You can find them here...

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CONTACT:

SwiftAlarm!

Dachauer Str. 17

80335 München

GERMANY

service@swiftalarm.com

Phone: +49 89 55064611
Fax: +49 89 54858412

©Copyright 2017 SwiftAlarm! - Impressum 
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