General

By placing an order, the buyer acknowledges the following conditions, whereby it is stipulated that oral and telephone agreements and promises only become binding when confirmed by us in writing. The buyer's purchasing conditions are hereby expressly rejected and do not bind us even if we have not expressly objected. At the latest, upon receipt of the goods or service, our conditions are considered agreed by the buyer.

Offers

Our offers are subject to change regarding price, quantity, delivery times, and delivery options. The purchase contract is only concluded through our written order confirmation or by execution of the order.

Order placement

Orders will be executed at the prices valid on the day of delivery. Prices are ex warehouse.

Delivery

(1) Delivery will be made to the delivery address specified by the customer, within

• Germany
• EU abroad
• Switzerland

(2) If force majeure (natural disasters, war, civil war, terrorist attacks, pandemic effects) makes delivery or any other service permanently impossible, Sirena GmbH is exempt from the obligation to perform. Any amounts already paid will be refunded by Sirena GmbH without delay.

(3) Sirena GmbH may also refuse performance to the extent that it requires an effort that, considering the content of the purchase contract and the principles of good faith, is in gross disproportion to the customer's interest in fulfilling the purchase contract. Any amounts already paid will be refunded by Sirena GmbH without delay.

(4) Bulky goods (packages with a volume greater than 1 square meter) are usually delivered by freight forwarding. Sirena GmbH expressly points out that this goods will not be carried into the house.

Cheap shipping method for returns

(1) Please use the original packaging for the return of the goods and accessories if possible, even if it has been damaged by an opening for functional testing.

(2) The costs are usually borne by the buyer. If Sirena GmbH covers the shipping by agreement, Sirena is entitled to choose the shipping company.

Delivery time – Delivery disruption

The delivery or provision of the goods usually takes place shortly after receipt of the written order. If longer delivery times arise or are agreed upon from the outset, we will communicate this in writing. Non-compliance with agreed delivery times and the impossibility of

Services entitle the buyer to withdraw from the purchase contract after written, reasonable, at least 14-day grace period. Compensation for non-fulfillment is excluded. Circumstances or events not attributable to us that prevent or significantly complicate delivery relieve us of our delivery obligation in whole or in part for the duration of the effect. This applies especially in cases of operational disruptions, hindered supply of raw, auxiliary, and operating materials, lack of loading options, official measures, strikes, and lockouts. In such cases, we are entitled to deliver with appropriate delays even if we are in default. In addition, we are also entitled, at our discretion, to withdraw from the contract immediately or later in whole or in part, without the buyer having any claims against us arising from this.

7 Rights of Defects

A product that was already defective at the time of delivery (warranty case) will be replaced or properly repaired by Sirena GmbH at its own expense (subsequent fulfillment) at Sirena GmbH's discretion. The customer is informed that there is no warranty case if the product had the agreed quality at the time of transfer of risk. A warranty case is particularly not present in the following cases:

a) for damages that have occurred at the customer's site due to misuse or improper use,

b) for damages that have occurred because the products have been exposed to harmful external influences (especially extreme temperatures, humidity, unusual physical or electrical stress, voltage fluctuations, lightning strikes, static electricity, fire).

Sirena GmbH also does not guarantee any error that arises from improper repair by a service partner not authorized by the manufacturer.

(3) If the type of subsequent performance desired by the customer (replacement delivery or repair) requires an effort that is grossly disproportionate to the customer's interest in performance, considering the product price, the content of the contract, and the principles of good faith – taking into account in particular the value of the purchased item in flawless condition, the significance of the defect, and the question of whether the other type of subsequent performance can be used without significant disadvantages for the customer – the customer's claim is limited to the respective other type of subsequent performance. Sirena GmbH's right to refuse this other type of subsequent performance under the aforementioned condition remains unaffected.

(4) For both the case of repair and the case of replacement delivery, the customer is obliged to send the product at the expense of Sirena GmbH to the return address specified by it, indicating the order number.

8 Warranty

The customer must report obvious defects no later than 8 days after receipt of the delivery. If a joint acceptance of the delivery item is agreed in the contract, obvious defects must be reported immediately. Hidden defects must be reported without delay after their discovery, but no later than before the expiration of the statutory warranty period. If the customer is a merchant, § 377 HGB applies.

The warranty period begins in the case of an agreed joint acceptance with this, as long as it is actually carried out, otherwise with the handover. It is one year from delivery for new items; however, this does not apply if the law prescribes longer periods according to § 438 Abs. 1 Nr. 2 (buildings and items for buildings), 479 Abs. 1 (right of recourse), and 634 a Abs. 1 Nr. 2 (construction defects) of the German Civil Code (BGB). In the case of consumer goods purchases, the warranty period is 2 years.

Warranty claims are granted to the customer according to the following provisions:

 If the claim is based on the violation of life, body, or health, violation of main obligations, product liability, or the cause of damage is based on intent or gross negligence, including intent or gross negligence of the representatives or agents of the user, the statutory provisions apply. 

b) The user is entitled to remedy, replace, or provide anew all parts or services that exhibit a material defect within the limitation period, provided that the cause was already present at the time of the transfer of risk. The user must always be given the opportunity for subsequent performance within a reasonable period. If there is no right of the user to deliver replacements according to the content of the contract underlying these terms, or if the remedy is ultimately unsuccessful despite multiple attempts, the customer may withdraw from the contract or reduce the payment without prejudice to any claims for damages. 

c) Claims for damages that the customer has due to damage to other items than the contractual object are excluded.

The user assumes no warranty for the delivery of already used devices and materials unless expressly agreed otherwise in writing. If the customer is a consumer, the statutory warranty period applies (1 year from delivery).

If operating or maintenance instructions are not followed, changes are made to the products, parts are replaced, or consumables are used that do not correspond to the original parts, there is no claim for warranty. The same applies to the commissioning of wind power plants. Unless otherwise agreed in writing, commissioning must be carried out by SIRENA GmbH or authorized specialist partners. User's own components (masts, crossbars, guy wires, foundations, vibration dampers/decouplers, etc.) require written approval from SIRENA GmbH. The maintenance guidelines in the technical documents of SIRENA GmbH are binding. Unless otherwise specified, the operator must ensure inspections and maintenance by a qualified professional at least every 12 months.

9 Liability

In cases of slight negligence, Sirena GmbH is only liable for the violation of essential contractual obligations and limited to foreseeable damage. This limitation does not apply in cases of injury to life, body, and health. For any other damages caused by a defect in the purchased item due to slight negligence, Sirena GmbH is not liable.

Regardless of any fault of Sirena GmbH, liability of Sirena GmbH remains unaffected in cases of fraudulent concealment of defects or from the assumption of a guarantee. The manufacturer's warranty is a guarantee from the manufacturer and does not constitute an assumption of a guarantee by Sirena GmbH.

(3) Sirena GmbH is also responsible for the impossibility of delivery occurring during its default due to chance, unless the damage would have occurred even with timely delivery.

(4) The personal liability of the legal representatives, agents, and employees of Sirena GmbH for damages caused by slight negligence is excluded.

10 Prices – Payment – Payment Default

The prices listed are final prices including value-added tax. The amount that is displayed at the time of the binding order applies. Shipping costs will be added, which depend on the shipping method and the size and weight of the goods you ordered. You can find details under Shipping and Payment Terms. The regular costs of return shipping, which arise in the event of a return of the goods by you in exercising your right of withdrawal, are borne by the buyer. When exercising your right of withdrawal, we will also refund the shipping costs.

Payment is made upon delivery by

• Prepayment 
• Invoice 
• PayPal 
• cash on delivery (plus cash on delivery fee)

In the event of payment default, which occurs even without a reminder, we are entitled to charge interest for the default period at least at the rate calculated by commercial banks for open current account loans plus VAT. The payment of this interest is due immediately. Furthermore, we are entitled to demand immediate payment of all outstanding debts, even those not yet due. Additionally, payment default or the non-redemption of a due bill of exchange or check entitles us to make further deliveries dependent on sufficient security for payment.

11 Retention of Title

All delivered goods remain our property until all payment obligations are fulfilled. The buyer is not entitled to pledge, assign, or transfer ownership as security. The retention of title remains effective in the case of mixing and/or processing and then extends proportionally to the new total product. In the event of third-party access to the retained goods, e.g., bailiffs, the buyer will point out our ownership. In the case of payment default or other contractual violations by the buyer, we are entitled to reclaim the retained goods at the buyer's expense.

12 Prohibition of Assignment

The buyer may only transfer his rights from a purchase contract concluded with us to third parties with our written consent.

13 Place of Performance – Jurisdiction

The place of performance and jurisdiction for all rights and obligations of both contracting parties from transactions of any kind is the registered office of the supplier. Only German law is applicable. These sales and delivery conditions apply to buyers who are not merchants, with the restrictions arising from the law regulating the rights of general terms and conditions.

14 Dispute Resolution

General information obligations regarding alternative dispute resolution according to Art. 14 para. 1 ODR-VO and § 36 VSBG (Consumer Dispute Resolution Act):

The European Commission provides a platform for online dispute resolution (ODR), which you can find at this address: http://ec.europa.eu/consumers/odr/ We are not obligated and also not willing to participate in a dispute resolution procedure before a consumer arbitration board.

15 Final Provisions

(1) Should individual provisions of this contract be or become wholly or partially ineffective or void, the effectiveness of the contract in other respects shall not be affected, provided that one contracting party is not unreasonably disadvantaged thereby.

(2) Changes or additions to this contract require written form.

16 Contract Amendments – Ineffectiveness

Additional agreements to the purchase contract only become valid in written form. Should any clause of the aforementioned sales and delivery conditions be or become ineffective, it shall be replaced by a new formulation that comes closest to the economic purpose of the ineffective formulation. The validity of the remaining conditions remains unaffected. Previous or customary agreements are not valid.

17 Data Protection

Your address will be stored in our IT system. Please inform us of any changes to your address so that we can provide you with current information and offers without delay. Your personal data will be treated confidentially in any case. If you do not agree to the storage of your address, we will initiate immediate deletion.