GENERAL TERMS AND CONDITIONS
for Private Customers when Purchasing
(Version dated 01.07.2019)
1. Contractual Partner
Your sales contract comes with SwiftAlarm! Deutschland GmbH, Schongauer Strasse 17, 86972 Altenstadt, Lkr. Weilheim-Schongau, Bavaria, Germany (hereinafter: "SwiftAlarm! Germany", "we", "us").
Commercial Register: Local Court Munich, HRB 96526 AG Munich
Sales tax identification number (UStID) DE127993971
2. Scope of Application
For all mutual claims arising from and in connection with the conclusion of a contract for the delivery of goods between the customer (hereinafter also "you", "you") and SwiftAlarm! Germany, these General Terms and Conditions shall always apply in the version valid at the time of conclusion of the respective contract.
Orders placed via the online shop are delivered exclusively to private customers domiciled in Germany.
When installing SwiftAlarm! software from an app-store, a contract is concluded between the user and SwiftAlarm! ESS Ltd in Ireland, which is not part of the agreement between you and SwiftAlarm! Germany. SwiftAlarm! Germany only sells hardware for use with SwiftAlarm! software! ESS Ltd. in Germany, Austria and Switzerland.
3. Conclusion of Contract
3.1 The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalogue. By clicking on the order button, you place a binding order for the goods contained in the shopping basket. The confirmation of the receipt of your order takes place by e-mail immediately after their entrance with us. The confirmation of receipt does not constitute acceptance of the contract.
3.2 We can accept your order by sending a declaration of acceptance in a separate e-mail or by delivering the goods within 2 working days, whereby the receipt by the customer is decisive. If workdays are specified as deadlines, this means all weekdays with the exception of Saturdays, Sundays and public holidays at our headquarters in Altenstadt, Lkr. Weilheim-Schongau, Bavaria.
3.3 Your personal data and information that you provide to us will be used by SwiftAlarm! Germany for the processing of orders, the delivery of goods as well as for the processing of payment. The delivery of the article ordered by you is carried out by a transport company commissioned by us. For this purpose, we will send this transport company your e-mail address so that the transport company can send you information about the status of your shipments and a specific delivery date by e-mail.
4. Contract Text Storage and Contract Language
4.1 We save the text of the contract and send you the order data by e-mail. You can view the General Terms and Conditions at any time at www.SwiftAlarm.de.
4.2 The contract language is German.
5. Revocation Instruction
Consumers have the following right of withdrawal:
Right of revocation
You have the right to revoke this contract within 14 days without giving reasons.
The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, took or has taken possession of the last goods.
In order to exercise your right of withdrawal, you must inform us (SwiftAlarm! Deutschland GmbH, Logistik, Dachauer Strasse 17, 80335 München) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, e-mail). You can use the attached sample revocation form, which is not mandatory.
You may also electronically complete and submit the sample withdrawal form or other unambiguous statement, if available, on our website If you make use of this option, we will immediately (e.g. by e-mail) send you confirmation of receipt of such a revocation.
In order to comply with the revocation period, it is sufficient for you to send notice of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund.
We will bear the cost of returning the goods.
You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods which is not necessary for checking their condition, properties and functionality.
For all other goods: We may refuse repayment until we have received the goods back or until you have proved that you have returned the goods, whichever is earlier. You must return the goods to SwiftAlarm immediately and in any event no later than fourteen days from the date on which you notify us of the revocation of this Agreement. Deutschland GmbH Logistik, Dachauer Strasse 17, 80335 Munich, Germany. This period shall be deemed to have been observed if you dispatch the goods before expiry of the 14-day period.
If you finance this contract with a loan and later revoke it, you are no longer bound by the loan agreement, provided that both agreements form an economic unit. This is to be assumed in particular if we are also your lender or if your lender makes use of our cooperation with regard to financing. If we have already received the loan when the revocation takes effect or when the goods are returned, your lender shall enter into our rights and obligations under the financed contract in relation to you with regard to the legal consequences of the revocation or return. The latter shall not apply if the present contract concerns the acquisition of financial instruments (e.g. securities, foreign exchange or derivatives).
If you wish to avoid a contractual obligation as far as possible, make use of your right of revocation and also revoke the loan agreement if you also have a right of revocation for it.
The right of revocation does not apply to the following contracts:
- Contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
- Contracts for the supply of goods which may spoil quickly or whose expiry date would quickly be exceeded.
- Contracts for the supply of sealed goods which, for health or hygiene reasons, are not suitable for return if their seal has been removed after delivery.
- Contracts for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature.
- Contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
- Contracts for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts.
Sample withdrawal form
If you want to cancel the contract, please fill out this form and send it back to us:
SwiftAlarm! Germany GmbH
Dachauer Strasse 17
80335 Munich, Germany
I/we hereby revoke the contract concluded by me/us for the purchase of the following goods:
1. ordered on: Received on:
2. ordered on: Received on: 2:
3. ordered on: Received On: 2:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only for paper communication)
6. Voluntary Right of Return
Without prejudice to your statutory rights, SwiftAlarm! Germany offers the following voluntary right of return:
All SwiftAlarm! products! Germany you can return them to SwiftAlarm! within 90 days of receipt of the goods. Germany without giving reasons. The return period is 90 days from the day you or a third party other than the carrier named by you took possession of the goods.
Important : Use the DHL return sticker! We bear the cost of returning the goods if you use our free DHL return sticker. This return sticker is available on our website at www.SwiftAlarm! Deutschland.de/Returns ready for download. If this DHL return sticker is not used, you will bear the cost of the return.
The return has to be addressed to
SwiftAlarm! Germany Electronic SE
Logistics - Repairs department
Dachauer Strasse 17
80335 Munich, Germany
We grant you this voluntary right of return under the following conditions:
the goods are unused;
the goods are undamaged;
the goods are complete.
Sensoren and switches : they are not connected to a SwiftAlarm! User account.
The voluntary right of return does not apply to
Goods that are manufactured according to customer specifications or clearly tailored to the personal needs of the customer;
Goods which, due to their nature, are not suitable for return or can spoil quickly or whose expiration date has been exceeded;
Hardware with/without software installations as soon as they are used or put into operation;
Large quantity deliveries for which the customer has been granted special conditions.
This right of return does not restrict your statutory rights and therefore not your right of withdrawal as described above.
7. Data Backup
You are responsible for the backup of data. Please make appropriate backup copies or delete any personal data contained therein. This is particularly important if personal data of third parties is stored.
If deletion is not possible due to a defect, we ask you to expressly inform us of the existence of personal data. Please make a clear note of this on the return note.
8. Reservation of Self-Delivery
Should SwiftAlarm! Germany, although it has placed congruent orders with reliable suppliers, we shall be released from our obligation to perform and may withdraw from the contract. In this case SwiftAlarm! Germany will inform you immediately about the non-availability and refund payments already made immediately in case of withdrawal.
9. Delivery/Shipping Costs
9.1 In addition to the stated product prices, any shipping costs incurred shall be borne by the customer. You can find out more about the shipping costs in the offers.
9.2 Subject to self-delivery, SwiftAlarm! Germany for a fast delivery. If a part of the order is not immediately available, because SwiftAlarm! Germany was not delivered on time through no fault of its own, although it has placed congruent orders with reliable suppliers, the remaining goods will be delivered without a new calculation of the transport flat rate, as far as this is reasonable for the customer.
9.3 Some products made by SwiftAlarm! Germany are imported from abroad, especially the USA, and/or are manufactured in the USA or other foreign countries, may be subject to US-American and other, especially German export control regulations. The customer is responsible for compliance with the export control regulations and is advised that before exporting products and/or technical information provided by SwiftAlarm! The customer is further informed that he may not sell, export, re-export, deliver or otherwise pass on any products or technical information subject to export control regulations, whether directly or indirectly to persons, companies (companies) or to countries, if this violates US or other, in particular German export control laws, regulations, restrictions and provisions. Customer is required by law to inform all recipients of such products or technical information of the need to comply with such laws and regulations.
The refusal of an export license does not entitle the customer to withdraw from the contract or to claim damages. SwiftAlarm! Germany is not obliged to issue a supplier or long-term supplier declaration to the customer or to procure one from its own suppliers.
10. Price, Terms of Payment
10.1 The prices quoted in the online shop for consumers are total prices and, as required by law, include the statutory value-added tax; this is shown separately in the invoice. Any additional shipping costs will be indicated separately for each product.
10.2 In the case of prepayment, we will send you our bank details by e-mail, fax or post. From receipt of this information the purchase price must be received within 7 days on our account. Afterwards we will send the ordered goods to you.
10.3 If PayPal is agreed as the payment method, you will automatically be redirected to the secure PayPal payment form after submitting your order. If you already have a PayPal account, simply log in. Otherwise, click Create Account and follow the instructions. We will receive your payment within seconds and your goods can be shipped immediately if available.
10.4 For Sofortüberweisung you need account number, bank code, PIN and TAN. After submitting your order, you will automatically be forwarded to the secure payment form of Sofort AG. You will then immediately receive confirmation of the transaction. We will receive the transfer credit immediately. In principle, every Internet user can use Sofortüberweisung as a payment method if he has an activated online banking account with PIN/TAN procedure. Please note that with a few banks Sofortüberweisung is not yet available. Further information as to whether your bank supports this service can be found here:
10.5 If you have agreed on the direct debit payment method, you shall grant us a direct debit authorization (= SEPA Direct Debit Mandate). The invoice amount may not be debited until 16 days after the invoice is issued. The invoice will be issued upon acceptance of the order.
10.6 If financing is offered: You must be at least 18 years old. In the last step of your order, select the payment method "Financing" and enter all the necessary data in the input fields. In the event of approval by the bank, you can print out the credit agreement immediately afterwards. The contractual partner for the approval is the financing credit institution.
10.7 If you have chosen to pay by credit card, the required information must be sent to us when submitting the order. Your credit card will be debited at the time we accept your order. We use third parties for processing your order.
10.8 If C.O.D. is offered: If C.O.D. payment is agreed, you pay the invoice amount and the transfer fee of € 2,- cash to the postman or forwarding agent when taking over the consignment. Cash on delivery is only possible up to an order value of max. € 500,-.
10.9 When selecting the payment method invoice purchase, the purchase price is due after the goods have been delivered and invoiced. With your shipment you will receive a prefilled bank transfer form. Please transfer the entered invoice amount without deduction within 16 days after invoicing.
10.10 SwiftAlarm! Germany reserves the right in individual cases to offer deliveries to the customer only against advance payment, cash on delivery, PayPal or immediate bank transfer in order to secure the credit risk.
11. Retention of Title
SwiftAlarm! Germany retains ownership of all goods delivered by it to a customer until full payment of the goods delivered.
12.1 The statutory liability for defects applies to all goods. If manufacturers of the products selected by you should claim a manufacturer's warranty, only the manufacturers and not SwiftAlarm! Germany, unless SwiftAlarm! Germany has expressly given a guarantee to the customer. Detailed information on any additional manufacturer warranties that may apply and their exact terms can be found with the product and on special information pages in the online shop.
12.2 If delivered goods show obvious transport damage, the customer is requested to notify SwiftAlarm! of such defects as soon as possible. Germany. Failure to do so, however, will not have any consequences for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance. If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), he shall be subject to the commercial obligation to examine and give notice of defects in accordance with § 377 HGB (German Commercial Code).
12.3 The warranty period for used goods marked as generally overhauled and/or demonstration goods in the respective offers is 12 months. The respective warranty period begins with the delivery of the goods to the customer. The above restrictions do not apply in the case of intentional or grossly negligent breaches of contract or fraudulent intent, in the case of culpable damage to life, health or body, within the framework of a guarantee of quality and/or durability, if we have provided such a guarantee with respect to the delivered goods, or if the scope of application of the Product Liability Act has been opened.
12.4 If you have made use of a 48-month long-term warranty offered by us, you are entitled to the rights from the warranty under the conditions stated in the warranty declaration and the relevant advertising against SwiftAlarm in the event of a warranty claim, irrespective of the legal claims. Germany. In particular, it is assumed even after 6 months that a material defect occurring during the warranty period constitutes the rights under the warranty.
12.5 Insofar as SwiftAlarm! Germany exchanges goods under the warranty or guarantee, it is already agreed today that the ownership of the goods to be exchanged will be reciprocally transferred by the customer to SwiftAlarm! Germany or vice versa, in which, on the one hand, SwiftAlarm! Germany, the goods are returned by the customer or the customer receives the replacement delivery from SwiftAlarm! Germany.
SwiftAlarm! Germany, its legal representatives and its vicarious agents shall be liable to the customer in cases of positive breach of contract, default, impossibility, tort or otherwise (excluding pre-contractual breaches) as follows:
13.1 SwiftAlarm! Germany shall be liable without limitation for any legal reason:
- in the event of intentional or grossly negligent breaches of contract and fraudulent intent,
- in the event of culpable damage to life, health or body,
- within the scope of a quality and/or durability guarantee, if we have issued such a guarantee with regard to the goods delivered,
- to the extent that the scope of application of the Product Liability Act has been opened up.
13.2 SwiftAlarm's liability is limited to negligent breach of material contractual obligations (cardinal obligations). Germany shall be limited to the typical, foreseeable damage. Essential contractual obligations are obligations which the contract imposes on the seller in accordance with its content in order to achieve the purpose of the contract, i.e. the fulfilment of which is essential for the proper performance of the contract and on the observance of which the customer may regularly rely.
13.3 We point out that data loss may occur during warranty work. Therefore, please ensure that data is backed up regularly. We assume that you have made a data backup, otherwise please inform us. Liability for loss of data is limited to the cost of recovery if a backup copy is available, unless the loss of data was caused by SwiftAlarm! Germany caused intentionally or by gross negligence. Otherwise, with the exception of cases of intent or gross negligence, liability is excluded.
13.4 The above provisions (Clause 12 and Clauses 13.1 - 13.3) give the full scope of SwiftAlarm's liability! Germany, its legal representatives and its vicarious agents.
14 Alternative Dispute Resolution
The European Commission provides a platform for Online Dispute Resolution (OS), which can be found at . We are not obliged to participate in a dispute resolution procedure before a consumer arbitration body and are not prepared to do so in principle.
15. Applicable Law, Place of Jurisdiction
15.1 For all legal transactions and legal relationships between SwiftAlarm! Germany and the Customer shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods, but vis-à-vis consumers only to the extent that the consumer is not deprived of the protection granted to him by mandatory provisions of the state in which he has his habitual residence.
15.2 Exclusive place of jurisdiction shall be Altenstadt or another statutory place of jurisdiction at the option of SwiftAlarm! Germany, if the customer is a merchant within the meaning of the German Commercial Code or a corporation under public law.
Services in connection with the App are subject to the General Terms and Conditions for Private Customers when purchasing SwiftAlarm! Services. You can find them here...