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Beratungstermin
SIFAT - Fahrsimulatoren für Fahrschulen, RTWs, eSport

General Terms and Conditions

  • Scope, deviating regulations

  1. The following General Terms and Conditions (GTC) apply to all contracts, deliveries and other services of SIFAT Road Safety GmbH (hereinafter referred to as “Provider”) to its customers worldwide. They apply to sales, rental, leasing as well as services and online transactions.
  2. These GTC apply to all business relationships, regardless of whether they are concluded via direct sales, trading partners, trade fairs or online platforms.
  3. These GTC apply worldwide, even for deliveries abroad outside the EU.
  4. The customer’s terms and conditions do not apply, even if we do not separately object to their validity in individual cases. This does not apply if we expressly agree to the deviating conditions in writing.

  • Conclusion of contract

    1. Our offers, which are contained in the online shop or in other advertising materials or have been created at the customer’s request, are non-binding.
    2. Contracts are only concluded through our express order confirmation in text form or through delivery.
    3. Online orders are considered a binding offer to conclude a contract. We will send the customer a confirmation of receipt of the offer immediately after receipt of the offer, which does not constitute acceptance of the offer. The offer is only deemed to have been accepted by us as soon as we declare acceptance to the customer in text form or dispatch the goods.

  • Obligations of the customer

  1. The customer undertakes to ensure that we are provided with all documents and information necessary for the execution of our activities in a timely, correct and complete manner.
  2. If the customer does not perform a necessary act of cooperation, does not do so on time or does not do so in the agreed manner, the customer shall bear the costs incurred as a result (e.g. delays, additional expenses).

  • Prices and payment

      1. Our prices are net amounts in EURO. They do not include statutory taxes, transport costs, insurance or customs duties and similar charges.
      2. In the case of foreign transactions, the customer bears all import costs, in particular customs duties and similar charges.
      3. Payments on account are due for payment within 14 days of the invoice date without deduction, unless otherwise agreed.
      4. The customer is not entitled to any right of set-off or retention against our claim, unless the counterclaim is undisputed or has been legally established.
      5. In the case of delivery against prepayment, we are entitled to sell the goods at any time if payment is not received by us within a period of five working days after our acceptance of the offer. In this case, dispatch will only take place while stocks last.

  • Delivery, shipping, transfer of risk, assembly

      1. Unless expressly agreed otherwise, we shall determine the appropriate shipping method and the transport company at our reasonable discretion.
      2. All specified delivery dates are non-binding, unless they are expressly agreed in text form and designated as “binding”. If the goods are dispatched in accordance with the agreements made with the customer without us having taken over additional installation or assembly work or the like, we only owe the timely, proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company. A shipping duration specified by us (period between the handover by us to the transport company and the delivery to the customer) is therefore non-binding in these cases.
      3. The dispatch takes place at the risk and expense of the customer. The risk of accidental loss, accidental damage or accidental loss of the delivered goods shall also pass to the customer upon delivery of the goods to the transport company, provided that we only owe the dispatch (paragraph 2).
      4. If the customer does not accept the properly offered goods (default of acceptance), the further storage and processing of the goods shall be at the expense and risk of the customer.
      5. Optionally offered assembly and commissioning work must be commissioned and remunerated separately.

  • Retention of title

      1. We reserve title to the goods delivered by us until full payment of the purchase price (including value added tax and shipping costs) for the goods in question. For deliveries abroad, we reserve title until all claims arising from the business relationship have been settled.
      2. The customer is not entitled to dispose of the ownership of the goods delivered by us and still subject to retention of title (“reserved goods”) without our prior written consent. The disposal of the customer’s legal position with regard to the reserved goods (so-called expectant right) remains permissible as long as the third party is informed of our right of ownership.
      3. The customer is only entitled to remove a marking on the goods that identifies them as the property of the seller after full payment within the meaning of paragraph 1.
      4. The customer is obliged to treat the reserved goods with care.
      5. In the event of access by third parties – in particular by bailiffs – to the reserved goods, the customer will point out our ownership and notify us immediately so that we can enforce our property rights.
      6. In the event of default in payment, we are entitled to demand the return of the reserved goods, provided that we have withdrawn from the contract.

  • Rental and leasing conditions

      1. In the case of rental and leasing agreements, we remain the owner of the rental/leasing object. The customer does not acquire ownership even after full payment of all installments, unless a purchase option has been expressly agreed. The customer may neither sell, pledge, give away, rent or lend the rental/leasing object, nor assign it as security. The customer must keep the rental/leasing object free from the rights of third parties.
      2. The customer is obliged to use and maintain the rental/leasing object properly. In particular, he must ensure that the rental/leasing object is treated and maintained in accordance with the operating instructions within the scope of the contractual purpose of use and is kept in a safe operating condition at all times.
      3. Subsequent changes, additional installations as well as painting and lettering on the rental/leasing object are only permitted if we have given our prior written consent. The customer is obliged, at our request, to restore the original condition at the end of the contract at his own expense, unless we have waived this in writing. The customer is entitled to remove installations made by him at the end of the contract, provided that the original condition is restored. Changes and installations only justify a claim for payment of a severance payment against us if we have given our written consent to the implementation and if and to the extent that the changes have increased the value of the rental/leasing object at the time of return.
      4. If the contract includes repairs or maintenance work, we shall bear or advance the associated costs. Within the scope of the cost coverage for repairs, costs for repairs that become necessary due to improper treatment of the rental/leasing object will not be reimbursed. Costs for replacement items and consequential damage are also not covered by the costs for repairs and maintenance work. Repairs may only be carried out by us or by partners authorized by us in text form.
      5. The customer is liable for loss, damage and reduction in value of the rental/leasing object and its equipment and costs for the downtime caused thereby in accordance with the statutory provisions. The customer must adequately insure the rental/leasing object against all usual risks, name us as the owner to the insurance company and provide us with proof of the insurance. [If the risk for accidental damage / accidental loss of the item is also to be transferred to the customer, we must take a closer look at the other conditions of the contracts (term, possibility of termination, etc.). This is not possible in every case.]
      6. Irrespective of the termination regulations of the rental/leasing agreement, both parties have the right to terminate the agreement without notice for good cause. Termination without notice by the provider is particularly possible in the event of a payment arrears amounting to two monthly installments, in the event of a use of the rental/leasing object in breach of contract or in the event of a loss of insurance cover.
      7. After expiry of the contract term, the rental/leasing object must be returned with all accessories and documents provided [at the customer’s expense to our place of business in … / made available for collection by us or third parties commissioned by us]. Upon return, the rental/leasing object must be in a condition of preservation corresponding to its age and contractual use, free of damage and in a safe operating condition. Normal signs of wear and tear are not considered damage. A joint record of the condition of the rental/leasing object will be drawn up upon return and signed by both contracting parties or their authorized representatives.
      8. If the rental/leasing object is not returned on time without our written consent, the customer must pay 1/30 of the monthly rental/leasing rate agreed for the contract period and the costs caused by the withholding for each day of the withholding as a basic amount for each day of the withholding. In all other respects, the customer’s obligations shall continue to apply mutatis mutandis during the period of withholding.

  • Services

      1. Services such as training, maintenance, remote support or set-up support are only provided by separate agreement. The type and scope of the services depend on the respective service description.
      2. Our services are provided by sufficiently qualified employees in accordance with the generally accepted state of the art and with reasonable care.
      3. The transfer of the service obligations to third parties shall only take place with the express prior consent of the customer in text form.

  • Software, updates, license conditions

      1. Software supplied with the goods remains our intellectual property. The customer is granted the non-exclusive, non-transferable right to use the software supplied with the goods in connection with the use of the goods.
      2. Digital content (e.g. software, configurations) that is not connected to an item is provided exclusively electronically and may be individually licensed.
      3. We provide information on our website, accessible at [insert URL], about available updates (updates, bug fixes, extensions) and make them available for retrieval, insofar as this is covered by the respective scope of the contract. If the licensee does not install the updates provided by the licensor, the licensor shall not be liable for deviations from the contractual condition that are attributable to the absence of the corresponding update, provided that the licensor has informed the licensee of the consequences of a failure to install or improper installation and this is not attributable to a defective installation instruction provided by the licensor.
      4. The customer is not entitled to make copies of the software or to decompile the software, except for the purpose of contractual use or for backup purposes. The customer may only transfer the rights granted to him in the software to a third party if ownership of the product in question (in particular hardware product) is transferred to this third party at the same time and the customer does not retain any copies of the software. Furthermore, the transfer of the software to third parties is prohibited.
      5. The examination of the software to determine its functionality, architecture or other components (reverse engineering) is prohibited. The obligation to disclose the source code of the software is excluded to the extent permitted by law.
      6. If open source components are used, these are subject to the respective licenses.

  • Warranty

      1. The warranty period for the sale of newly manufactured goods is 12 months from delivery.
      2. The customer must carefully inspect the goods immediately after shipment. The delivered goods shall be deemed to have been approved by the customer if a defect is not reported to us (i) in the case of obvious defects within seven working days of delivery or (ii) otherwise within fourteen working days of discovery of the defect in text form.
      3. If the delivered goods are defective, we may choose between remedying the defect or delivering a defect-free item.
      4. If the supplementary performance pursuant to paragraph 3 fails or is unreasonable for the customer or we refuse the supplementary performance, the customer is entitled in each case in accordance with the applicable law to withdraw from the purchase agreement, reduce the purchase price or demand damages or compensation for his futile expenses. However, the special provisions of § 11 of these GTC apply to claims of the customer for damages.

  • Liability

      1. Our liability for delay in delivery is limited to an amount of 10% of the respective purchase price (including value added tax) in the event of simple negligence.
      2. In other cases of simple negligence, we shall not be liable unless it is a breach of essential contractual obligations. Essential contractual obligations are the obligation to deliver and install the delivery item, its freedom from defects of title and such material defects that impair its functionality or fitness for purpose more than insignificantly, as well as advisory, protective and custodial obligations that are intended to enable the customer to use the delivery item in accordance with the contract or to protect the life or limb of the customer’s personnel or to protect his property from significant damage.
      3. Insofar as we are liable for damages in principle pursuant to § 11 paragraph 3 of these GTC, this liability is limited to damages that the seller foresaw as a possible consequence of a breach of contract at the time of conclusion of the contract or that he should have foreseen if he had exercised the customary care. Indirect damages and consequential damages that are the result of defects in the delivery item are also only compensable to the extent that such damages are typically to be expected when the delivery item is used as intended.
      4. Our liability for damages resulting from data loss is excluded if these arise from the fact that the recovery is not possible or is made more difficult due to missing or inadequate data backup.
      5. Insofar as we provide technical information or act in an advisory capacity and this information or advice is not part of the scope of services owed by us and contractually agreed, this is done free of charge and to the exclusion of any liability.
      6. The above limitations of liability do not apply
        • in the case of intent or gross negligence as well as
        • for our liability for guaranteed characteristics within the meaning of § 444 BGB, due to injury to life, body or health or under the Product Liability Act.
      7. The above exclusions and limitations of liability apply to the same extent in favor of our executive bodies, legal representatives, employees and other vicarious agents.

  • Data protection and data security

      1. Personal data will only be processed and stored within the framework of the applicable legal provisions, in particular the GDPR and the BDSG.
      2. The customer undertakes to comply with data protection regulations, in particular when using our simulators and cloud-based services.
      3. The details can be found in the data protection declaration available on our website and, if applicable, in a separate agreement on order data processing.

  • Deliveries abroad, export control

      1. In the case of delivery to locations outside the Federal Republic of Germany, any special export regulations, country-specific permits or customs regulations must be observed and complied with by the customer.
      2. Our products may be subject to export control regulations. The customer undertakes to comply with all relevant national and international export and customs regulations. Export to embargoed countries or to sanctioned persons/organizations is prohibited.
      3. For deliveries outside the EU, delays due to official measures, in particular customs clearance, or political events shall be borne by the customer.

  • Contract language, applicable law and place of jurisdiction

      1. The contracts with the customer are concluded exclusively in German or English. If the customer places the order via our German-language website, only the German version of these General Terms and Conditions shall be authoritative. If the order is placed via our English-language website, only the English version of these General Terms and Conditions shall be authoritative. English-language terms to which the corresponding German terms are attached shall always have the meaning of the respective German term.
      2. The contracts and business relationships existing between us and the customer are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), subject to mandatory provisions of international private law. The international place of jurisdiction is Germany.
      3. If the customer is a merchant as defined by Section 1 (1) of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the courts in Berlin, Germany, shall have exclusive jurisdiction for all disputes arising from or in connection with the relevant contractual relationship.

  • Final Provisions

    1. Should individual provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.
    2. Insofar as the contract or these General Terms and Conditions contain regulatory gaps or should be partially invalid, those legally effective provisions shall be deemed agreed upon to fill these gaps which the contracting parties would have agreed upon according to the economic objectives of the contract and the purpose of these General Terms and Conditions, had they known of the regulatory gap.
    3. Collateral agreements, amendments, and supplements can only be made in writing. This also applies to the amendment of the written form clause itself, unless the priority of individual agreements pursuant to Section 305 b of the German Civil Code (BGB) precludes it.