General terms and conditions of Rysta GmbH
§ 1 Scope / Contract Language
1. Rysta GmbH, Borsigstr. 8, 10115 Berlin, provides the services and offers listed on the website www.rysta.de and in the corresponding print documents exclusively under the conditions specified in the contract conclusion, the service description and on the basis of the following Rysta GmbH terms and conditions.
2. The Rysta GmbH terms and conditions apply to all services that you order via our website www.rysta.de as well as by written application form, letter, fax, e-mail or telephone.
3. The contract language is German.
§2 contract partner / contact details / customer service contract partner
2.1. Your contract partner is:
Rysta GmbH, represented by the managing director Julia Gebert, Borsigstr. 8, D-10115 Berlin.
Our contact details are:
+49 30 83795190
2.2. The seat of our company is Berlin, registered at the Charlottenburg District Court,
Commercial register number: HRB 194319, VAT ID number DE305340495
§3 subject of the contract / usage relationship
We offer you the use of our Rysta mold prevention system in accordance with our service description. Our Rysta mold prevention system consists of a sensor (hereinafter referred to as "Rysta Schimmel Guard Sensor") that is installed in your rooms, the Schimmel Guard Portal (hereinafter referred to as Rysta Schimmel Guard Portal) and the Schimmel Guard App (hereinafter referred to as "Rysta Schimmel Guard App") ). These components enable you to get an overview of the humidity status of your property. Our Rysta mold prevention system includes the possibility for the resident to control detailed data by means of an app (hereinafter referred to as "Rysta mold guard app") via a smartphone and / or internet-enabled PC.
§4 conclusion of contract
The use of our services is dependent on certain conditions of use regulated in Section 5 below. The usage and license agreements offered are therefore only non-binding offers to use our services.
§5 Requirements for Use
The use of our Rysta mold prevention system requires, in addition to the conclusion of a usage contract, that you
a) have reached the age of eighteen,
b) commission us with the installation and operation of the Rysta mold prevention sensor in your property by means of a separate license agreement.
§6 your obligations when registering / setting up a customer account
6.1. To use our Rysta gateway, you must first set up a customer account on our online platform and choose a user name and password. The user name and password are your login data, which you should treat personally and confidentially and, in particular, should not disclose them to third parties. We also recommend that you change your password regularly via your settings in your customer account.
6.2. You undertake to truthfully answer the information requested when setting up the customer account and to notify us of any changes to this information (immediately.
6.3. As part of setting up your customer account and executing the contract, we are entitled to provide proof of ownership of the property, if necessary your authorization from the owner to install and operate the Rysta sensor, and proof of your identity (presentation of your ID card, PostIdent, E-PostIdent or registered mail by hand).
§ 7 Mold prevention means ("Rysta Sensor")
7.1. You can - depending on the respective usage contract - purchase one or more Rystas with which you can equip the rooms protected by the Rysta.
7.2. You also have the option of using the Rysta app on your smartphone or an internet-enabled PC to view data on humidity and temperature.
7.3. Depending on the contract variant, the Rysta sensors remain the property of Rysta GmbH and are loaned to you for the duration of the respective usage contract. The Rysta sensors must neither be destroyed nor impaired in their functionality. In particular, it is forbidden to open the Rysta sensor, to read out data, to copy it or to manipulate its functionality, in whatever way.
7.4. Damage or malfunctions on the Rysta or Rysta Gateway that are not due to your fault will be repaired by us free of charge. We fix malfunctions or damage to the Rysta and the Rysta gateway through our customer service through repair or replacement on site or remotely over the air. For quick and smooth troubleshooting, you will, if necessary, coordinate appointments to repair damage or malfunctions on the Rysta sensor with our customer service by email or telephone.
7.5. In the event of damage or malfunctions in relation to the Rysta, you must send us the relevant Rysta at your expense for repair or replacement, stating your customer or contract number.
8.1. You undertake to pay the tariff price you have chosen plus any one-time setup fee that may arise. The prices and other conditions for the Rysta service can be found in the sales documentation we have updated (please note the respective validity date on the documents). We reserve the right to change the terms and conditions of our services, in particular the monthly or advance payment and one-off fees. In this case, we undertake to inform you in good time, at least 6 weeks before such a change takes effect. All prices are in euros, unless otherwise stated, including the applicable value added tax including delivery and shipping costs.
8.2. Usage fees are calculated for the first time when our service is provided. If the provision does not start on the first of the month, the monthly usage fee will be calculated proportionally for the rest of the month, with each day of usage being billed at 1/30 of the monthly price.
§9 Billing and Payment
Depending on your choice, the fee for the Rysta service will either be billed in the form of an advance payment for 24 months or, if monthly fees have been agreed, these will be billed monthly. The prices are due for payment upon receipt of the invoice.
9.2. Payment method / due date
9.2.1. We offer payment by bank transfer, credit card or SEPA direct debit, provided you give your consent. You have to give us your consent in writing or by email.
9.2.2. If you have given us a direct debit authorization, the invoice amount will be debited from your account no earlier than six working days after receipt of the invoice. In the case of periodic invoicing, we reserve the right to collect due invoice amounts only when their cumulative value reaches a total amount of EUR 15.00. We will inform you of this separately by email or notification in your customer account. If you have not given us a direct debit authorization, the invoice amount is due six working days after receipt of the invoice for payment to our account.
9.2.3. You are obliged to ensure that your account has sufficient funds so that we can properly collect invoice amounts by direct debit or SEPA. This also applies if you have chosen payment by credit card as the payment method. For returned direct debits or collections, you have to reimburse the costs incurred to the extent that you are responsible for the rejection. In the case of a returned direct debit, it is initially assumed that you are responsible for the rejection. For this reason, we are entitled to invoice you for the processing costs, e.g. for bank charges (in the amount of € 9.80 incl. VAT). You are allowed to prove that we did not incur such costs at all or that they were significantly lower than the flat rate. We expressly point this out in a notification about the return debit. We reserve the right to invoice the actual costs if these are higher than the flat rate.
9.2.4. If, in exceptional cases, for example in the event of late payment due to a returned direct debit or insufficient funds in your account, you pay in any other way, the repayment will only occur if you adequately use the purpose (in particular the invoice number or a comparable, unique booking code from Rysta GmbH) specified when paying. This also applies to third party payments.
9.3. Form of the invoice
9.3.1. We only issue invoices as PDF files by email. It is not possible to issue a "paper invoice".
9.3.2. Confidential data transmission over the Internet cannot be guaranteed when the invoice is sent.
9.4. Default and Objections
The statutory regulations apply to default.
9.4.1. If you are in default, we are entitled to block the service. If the Rysta service is interrupted / discontinued due to default in payment, you remain obliged to pay the agreed fees. The same also applies if the contract is terminated by us due to non-payment and the interruption / suspension should continue until the end of the contract. Further claims due to default in payment remain unaffected.
9.4.2. If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB) and are in default, interest will be charged at five percentage points above the respective base rate of the European Central Bank. If you are an entrepreneur within the meaning of § 14 BGB, eight percentage points are calculated above the base rate. We reserve the right to make further claims due to late payment (e.g. dunning costs).
9.4.3. We are entitled to demand a flat-rate reminder fee of EUR 2.50 from the second reminder. You are expressly allowed to prove that we did not incur this damage at all or that it is significantly lower than the flat rate.
9.4.4. You can only offset claims from us with legally established or undisputed claims.
10.1. In the event of willful intent and gross negligence, we are fully liable for all damage based thereon.
10.2. We are also liable without limitation for damage to health, body or life in the event of slight negligence.
10.3. In the case of slight negligence, we are only liable in the event of a breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract, the breach of which endangers the achievement of the purpose of the contract and on whose compliance you can regularly rely. In this case, our liability for property and pecuniary damage based thereon is limited to the foreseeable damage typical of the contract. This limitation of liability also applies in favor of our vicarious agents.
10.4. Liability under the Product Liability Act remains unaffected.
§11 contract duration / term / termination
11.1. running time
The terms and normal notice periods for our usage and license agreements can be found in the respective contractual documents. In addition, we will inform you about our notice periods as part of the ordering process before entering into the above contracts. The contract begins on the day on which the Rysta service is activated by us. You will be informed of this date in the email in which you will also be informed about your registration. You can choose from the following contract variants:
11.1.1. MONTHLY SERVICE FEE
The contract is concluded for an indefinite period. Unless otherwise regulated in the special terms and conditions for the individual product or, if applicable, in the sales documentation, you can terminate the contract with a notice period of 5 working days to the end of the month at any time at the end of a month.
11.1.2. PREPAYMENT FOR 24 MONTHS
The contract is concluded for an indefinite period, whereby prepayment means that you pay the agreed fee for the use of the Rysta service for 24 months at the beginning of the contract. After the 24 months have expired, the contract will be continued in accordance with Section 11.1.1, unless you decide to make an advance payment again for the following 24 months. Unless otherwise regulated in the special conditions for the individual product or, if applicable, in the sales documentation, you can terminate the contract at any time to the end of the month without giving reasons. With regard to your one-time payment, we waive the right to ordinary termination for the period paid for with the one-time payment. If you cancel before the 24 months have elapsed, there will be no repayment of the one-off payment, not even a partial repayment.
11.2. Extraordinary termination
Regardless of ordinary termination, our contracts can be terminated without notice by either party for good cause at any time. An important reason that entitles us to prematurely terminate the contract applies in particular if you have deliberately given false information about yourself, in the event of improper or damaging use of the Rysta service or in the event of a significant breach of contractual or legal obligations by you.
11.3. Termination modalities
We may terminate the contract by letter, e-mail or e-mail. You can send the contract in accordance with the present provisions by e-mail to firstname.lastname@example.org or by letter to the following address: Rysta GmbH, Customer Service, Seitzstr. 10, 80538 Munich. You will then receive an email confirming the termination date of the contract. You have to fulfill your contractual payment obligations until the end of the contract.
§12 data protection
We will observe and comply with the relevant data protection regulations. We will inform you about the type, scope and purpose of the collection, processing and use of personal data when you register or when you conclude the usage and, if applicable, installation and permission contract. As a tenant or WEG co-owner, you hereby give us your consent that we can inform your landlord about the number of installed Rystas upon request.
§13 Changes to the general terms and conditions and service descriptions
13.1. We reserve the right to change these general terms and conditions if the legal or technical framework conditions for the provision of our services change unexpectedly after the conclusion of the contract and an adjustment is necessary to fulfill our obligations in accordance with the contract.
13.2. We can change our service descriptions if it serves to improve, secure or technically expand our door access system and if these changes do not objectively put you in a worse position than the service description included in the contract.
13.3. We will inform you about intended changes to the general terms and conditions or service descriptions at least 6 weeks in advance by email or via your customer account. In this case, you have a special right of termination at the time the changes take effect. If you do not cancel in writing within 6 weeks of receipt of the notification of change (by email to: email@example.com or by letter to: Rysta GmbH, Customer Service, Marthashof 8, 10435 Berlin), the changes will take effect at the time of the change. We will point this out to you separately with the change notification.
§14 final provisions
14.1. German law applies to our contractual relationships. The place of jurisdiction is Berlin.
14.2 You can only transfer claims or other rights from this contract with our prior written consent.
14.3. Should one or more provisions of this contract be ineffective or not comply with the statutory provisions, the validity of this contract in its remaining provisions will not be affected.
Status: March 2018
Notes according to the Battery Act (BattG.)
In connection with the sale of batteries and accumulators, we are obliged in accordance with the Battery Act (BattG.) To inform our customers of the following:
Batteries and accumulators must not be disposed of with household waste. You are legally obliged to return batteries and accumulators. Old batteries can contain pollutants that can damage the environment or your health.
As an end consumer, you can return our Rysta Ki to one of our sales outlets free of charge. You can also send it back to us with sufficient postage to the address listed below. We will then dispose of them - also for you free of charge. You can also return rechargeable batteries and batteries to a municipal collection point or to a local retailer.
Batteries and rechargeable batteries that contain harmful substances are marked with the symbol of a crossed-out garbage can - which means that you must not dispose of them in the household waste - and the chemical symbol of the respective harmful substance (e.g. "Cd" for cadmium, "Pb "For lead," Hg "for mercury).