General Terms and Conditions of Business and Use for myHumiLife
1. General terms and conditions
(1) These General Terms and Conditions of Business and Use apply to all contracts for the use of the ‘myHumiLife’ service portal on https://www.myhumilife.com as well as to purchase contracts concluded in the online shop contained therein for accessories and their delivery by Condair GmbH, Parkring 3, D-85748 Garching (hereinafter referred to as ‘Seller’) in relation to their customers. All services provided by Condair GmbH outside of the myHumiLife service portal are subject to separate General Terms and Conditions, which can be accessed at https://www.condair.de/AGB.
(2) Any customer terms and conditions deviating from these terms are only valid if they are confirmed in writing by the Seller. This approval requirement applies in all cases, for example even if the Seller, being aware of the general terms and conditions of the customer, makes a delivery to the customer without reservation. Agreements (including collateral agreements, supplements and amendments) concluded with the customer in individual cases shall always have precedence over these Terms and Conditions of Business and Use. The content of such agreements shall be governed by a written contract or written confirmation by the Seller. Legally relevant declarations and notifications to be submitted to Seller by the customer after the signing of the contract (e.g. setting deadlines, reminders, notice of termination) must be in writing to be effective.
(3) The place of performance and the place of jurisdiction for deliveries and payments, as well as for all disputes arising between the parties from the contracts concluded between them, shall be the Seller’s registered office in Garching, provided that the customer is a merchant, a legal entity under public law or a special fund under public law. The same applies if the customer, as an entrepreneur, has no general jurisdiction in Germany or their domicile or habitual residence at the time of starting a lawsuit is not known. The Seller is also entitled to sue the customer at their domicile.
(4) Business relationships between the Seller and customers are subject to the laws of the Federal Republic of Germany. This choice of law only applies to consumers to the extent that the consumer is not deprived of the protection granted under the applicable stipulations of the law of the state in which he or she is normally resident. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
(5) The customer can call up and print out the order overview in the online shop as well as these General Terms and Conditions of Business and Use. Otherwise, the text of the contract will not be retained by the Seller after conclusion of the contract and will therefore not be accessible. The contract language is German.
(6) Customers who are consumers have the possibility to use an alternative dispute settlement method. The following link from the EU Commission (also referred to as the OS platform) contains information on online dispute resolution and serves as a central point of entry for the out-of-court settlement of disputes arising from online purchase contracts: ec.europa.eu/consumers/odr.
(7) Duty to provide information in accordance with the Consumer Dispute Resolution Act (section 36 VSBG): the Seller is neither willing nor obliged to participate in further dispute resolution proceedings before a consumer arbitration board.
2. Contents of the service portal
(1) The digital maintenance log ‘myHumiLife’ enables customers to register previously purchased HumiLife devices, such as humidifiers, and their technical data, in order to obtain a long-term overview of operating hours and maintenance. The portal therefore replaces paper maintenance logs. Customers can also request appointments for maintenance and troubleshooting work from the Seller.
(2) The Seller may restrict access to the service portal if the security of network operations and/or maintenance of network integrity, in particular the avoidance of serious disturbances to the network, the portal or stored data, so require. The same applies to the temporary loss of services due to necessary interruptions in operation (maintenance work). In such cases, there is no claim to the continued provision of services, nor shall there be any claims for a reduction in price or claims for damages. The Seller will provide timely notice of scheduled maintenance work on the portal in advance.
3. Registration
(1) Visiting the website is free of charge and possible without registration. However, customers must register with the Seller before they can actively use the service portal, i.e. register a device, use the digital maintenance log or make appointment requests via the portal. Registration and use of the service portal are free of charge.
(2) The registration is made by opening a customer account, whereby the respective customer must accept these General Terms and Conditions of Business and Use. When registering, a customer must provide the serial number of their HumiLife device, a password, first and last name, address, e-mail address, device type and size. In addition, the customer can provide their telephone number and other device data (such as installation date, installation location, cartridge size, water hardness or pH value).
(3) The customer will receive an e-mail from the Seller with a link to confirm registration. Any registration that is not completed by a customer by clicking on the link in the confirmation e-mail within one week can be deleted by the Seller. Upon confirmation of registration by the customer, a contract is concluded for use of the portal between the Seller and the respective customer (the ‘user contract’). The Seller provides confirmation of conclusion of the user contract to the customer by e-mail and sends them these Terms and Conditions of Business and Use. Consumers have no cancellation right with regard to the user contract.
(4) Until the registration process is complete, customers can correct their entries directly in the corresponding input fields using standard keyboard, mouse and touch screen functions. Communications between the Seller and the customer will be conducted via the specified e-mail address. Data requested by the Seller must be entered correctly. If this data subsequently changes, the customer is obliged to correct the data without undue delay.
(5) A prerequisite for the conclusion of the contract is that the customer is fully competent. There is no right to the conclusion of the user contract.
4. User contract term
(1) The user contract between the Seller and a registered customer is concluded for an indefinite term. The contract may be terminated by the parties at any time, without observation of a notice period. Usage data will be deleted or anonymised within one week after receipt of notice of cancellation.
(2) The right to extraordinary termination of the contract for cause remains unaffected.
(3) Notice of termination must be provided in writing, by fax or e-mail.
5. System integrity and portal malfunction, suspension
(1) Customers may not use any mechanisms, software or other scripts in connection with the use of the service portal which may interfere with the functioning of the portal, in particular those which enable automated page views to be generated.
(2) Customers may not take any actions which may impose an unreasonable or excessive burden on the infrastructure.
(3) The Seller can take the following measures if there are concrete indications that a customer is violating legal regulations, the rights of third parties or these Terms and Conditions of Business and Use, or if the Seller has any other legitimate interest, in particular for the protection of other users:
- Warning (admonition) of customers,
- Temporary, partial or permanent suspension of the customer.
(4) As soon as a customer has been temporarily or permanently suspended, they may no longer use the portal with other user accounts and may not re-register. A suspended account cannot be restored, there is no right to recovery.
(5) The Seller reserves the right to take legal action in all cases.
6. Purchase contracts for maintenance materials
(1) The Seller offers customers accessories for HumiLife diffusion humidifiers for sale in the integrated online shop, e.g. disinfectants and descaling agents. The Seller’s offers are directed exclusively at customers in Germany, Luxembourg and Austria.
(2) In such cases, the purchase contract is concluded once the Seller has accepted the customer’s order. Prices indicated in the online shop do not represent an offer for legal purposes. Before placing a binding order by clicking the ‘order now’ button, the customer can correct all entries in real-time using the standard touch screen, keyboard and mouse functions. In addition, all entries will be displayed once again in a review order screen so that the customer may correct them using standard touch screen, keyboard and mouse functions before submitting. The customer will receive confirmation of receipt of the order by e-mail. The customer will be informed of acceptance of the order by mail.
(3) Upon notification of the conclusion of the contract, the customer will receive the contract text and these Terms and Conditions of Business and Use, as well as the cancellation policy.
7. Prices, VAT and payment
(1) All prices in the online shop include the statutory VAT. There are no shipping and packaging costs.
(2) Invoices from the Seller are due for payment no later than 30 days after the invoice date.
(3) If customers who are consumers are in arrears with their payments, the Seller is entitled to claim damages as allowed by law. If a customer who is an entrepreneur is in default of payment, the Seller is entitled to default interest in the amount of nine percentage points above the base interest rate. A customer who is not a consumer is obliged according to section 288 (5) German Civil Code (BGB) to reimburse the Seller for dunning charges amounting to a lump sum of EUR 40.00; these will be set off against any costs of legal prosecution. The right to claim further arrears damages is reserved.
(4) The Seller issues an invoice to the customer in all cases, which is provided to the customer upon delivery of the goods or otherwise by mail.
8. Delivery and passage of risk
(1) All goods ordered will be delivered to the address stated by the customer unless otherwise contractually agreed. Delivery shall be made exclusively to addresses in the countries specified in Section 6 (1) of these General Terms and Conditions of Business and Use. Deliveries are made from the Seller’s warehouse.
(2) The Seller reserves the right to make a partial delivery if this appears to facilitate prompt processing and the partial delivery is not unreasonable for the customer as an exception. Any additional costs associated with partial deliveries will not be billed to the customer.
(3) Unless otherwise agreed, the delivery period shall be eight working days from receipt of payment.
(4) The risk of accidental loss and accidental deterioration of the goods passes to the customer upon their handover at the latest. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods, as well as the risk of delays, passes once the goods are handed over to the forwarder, carrier or other person or organisation carrying out shipment.
9. Reservation of title, rights of retention
(1) The delivered goods remain the property of the Seller until the fulfilment of all claims arising from the contract. If the customer is an entrepreneur exercising a commercial or independent professional activity, or a legal entity under public law or special fund under public law, the goods remain our property until settlement of all payments due to the Seller from this contract.
(2) The customer is only entitled to set off their counterclaims if they are the subject of a final judgement, if they are uncontested, or if they have been acknowledged by us. In the event of defects in the delivery, the customer’s adverse rights shall remain unaffected, in particular their right to retain a reasonable part of the purchase price in proportion to the defect. Otherwise, the customer is only entitled to exercise retention rights if their counterclaim arises from the same contractual relationship.
10. Liability for material defects and defects of title
(1) In the event of defects, the customer is entitled to the statutory warranty rights in accordance with the following provisions. If the customer is a merchant, the terms found in section 377 et seq. of the German Commercial Code (HGB) also apply.
(2) The customer must notify the Seller of any defects within the two-year warranty period. If the customer is an entrepreneur, the warranty period is one year. The reduction referred to above does not apply if the Seller fraudulently concealed a defect or assumed a guarantee for the quality of the goods concerned, nor does it apply to claims for compensation on the part of the customer related to claims for damage to body or health due to a defect for which the Seller was at fault, nor to claims related to intentional or grossly negligent fault on the part of the Seller or their vicarious agents.
(3) The Seller is entitled to attempt to cure a defect if timely notice of the respective defect was provided. If the attempt to cure the defect fails, the customer is entitled to reduce the purchase price or withdraw from the contract. The statutory provisions shall apply in all other cases.
11. Disclaimer of liability
(1) Other than its liability for material defects and defects in title, the Seller accepts full liability only for damages caused by its intentional acts or gross negligence. The Seller is also liable for the breach of material contractual obligations (obligations the breach of which endangers the attainment of the purpose of the contract) due to simple negligence as well as for the breach of essential contractual obligations (obligations the fulfilment of which enables the proper performance of the contract in the first place and which the customer may regularly expect to be satisfied), however in each case limited to foreseeable damages typical to the contract. The Seller is not liable for the breach of any other obligations due to simple negligence.
(2) The limitations of liability in the preceding paragraph shall not apply to injury to life, limb or health, to a defect after assumption of a guarantee for the quality of the product and in the case of fraudulently concealed defects. This is without prejudice to liability under the Product Liability Act.
(3) If liability on the part of the Seller is excluded or restricted, this also applies to the personal liability of its employees, representatives and vicarious agents.
12. Industrial property rights
(1) The Seller reserves all industrial property rights and copyrights to all delivered products, packaging, illustrations and other documents. The customer may only use such documents with the prior express written consent of the Seller, without the customer’s acquiring any independent rights to advertising materials.
(2) The customer undertakes not to infringe any third-party industrial property rights (patents, licences, trademarks, etc.) when reselling goods purchased from the Seller.
13. Data Protection
The Seller collects, processes and uses personal data from customers in accordance with the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG) and as provided in the Privacy Policy.
14. Changes to the Terms and Conditions of Business and Use
The Seller reserves the right to change these General Terms and Conditions of Business and Use at any time and without need to provide the grounds. The modified Terms and Conditions will be sent to the customer by e-mail no later than two weeks prior to the effective date. The amended Terms of Use shall be deemed to have been accepted if a customer does not object to their validity within four weeks of receipt of the e-mail. The Seller will separately inform the customers of the significance of this deadline in the e-mail containing the amended Terms and Conditions.
Last revised: 01/09/2017