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General Terms and Conditions

Currently in effect · v2.3Effective from 13. August 2026

This is a courtesy translation; the German version prevails. SIFAT Road Safety GmbH · Brunsbütteler Damm 448 · 13591 Berlin, Germany. These GTC apply to all contracts, deliveries and services of the Provider, including online orders placed via this shop.

§ 1 Scope, deviating provisions

  1. The following General Terms and Conditions (GTC) apply to all contracts, deliveries and other services of SIFAT Road Safety GmbH (hereinafter the "Provider") vis-à-vis its customers worldwide. They apply to sales, rental, leasing, services and online transactions.
  2. These GTC apply to all business relationships, regardless of whether they arise through direct sales, trade partners, trade fairs or online platforms.
  3. These GTC apply worldwide, including for deliveries abroad outside the EU.
  4. The customer's terms and conditions shall not apply, even if we do not separately object to their validity in an individual case. This shall not apply only if we expressly agree to the deviating terms in writing.

§ 2 Conclusion of contract

  1. Our offers contained in the online shop or in other advertising materials, or prepared at the customer's request, are non-binding.
  2. Contracts are only concluded upon our express order confirmation in text form or upon delivery.
  3. Online orders constitute a binding offer to conclude a contract. We will send the customer a confirmation of receipt of the offer without undue delay after receipt, which does not constitute acceptance of the offer. The offer is deemed accepted by us only once we declare acceptance to the customer in text form or dispatch the goods.

§ 3 Customer's obligations

  1. The customer undertakes to ensure that all documents and information necessary for the performance of our work are submitted and provided to us in good time, correctly and completely.
  2. If the customer fails to provide a required act of cooperation, or does not do so in good time or in the agreed manner, any resulting costs (e.g. delays, additional expenses) shall be borne by the customer.

§ 4 Prices, payment and means of payment

  1. Our prices are net amounts in EUR. They do not include statutory taxes, transport costs, insurance or customs duties and similar charges. Prices stated in US dollars (USD) are indicative only; the final amount shown in the checkout process in the selected billing currency is authoritative.
  2. For international transactions, the customer bears all import costs, in particular customs duties and similar charges.
  3. Payment processing for online orders is handled by the payment service provider Stripe Payments Europe, Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland ("Stripe"). By selecting a payment method processed via Stripe, the customer additionally accepts Stripe's terms of use (stripe.com/legal). We do not receive complete payment instrument data (e.g. card numbers) from Stripe; this data is processed exclusively by Stripe.
  4. The following payment methods are available via Stripe in the online shop:
    • Credit and debit card (including Visa, Mastercard, American Express, where enabled)
    • Apple Pay (depending on device, browser and stored card)
    • Link (saved payment methods via Stripe Link)
    • Klarna (only for orders in EUR and only in supported countries)
  6. The range of payment methods displayed may vary depending on currency, delivery country, order value, device and Stripe's verification result. Only the payment methods actually available are displayed during checkout; there is no entitlement to a specific payment method.
  7. Alternatively — outside of Stripe — payment on invoice or advance payment by SEPA bank transfer can be selected. We reserve the right to make purchase on invoice subject to a positive credit check or approval on a case-by-case basis.
  8. Payments on invoice are due within 14 days of the invoice date without deduction, unless otherwise agreed. Where a shorter payment term is indicated during checkout, that term shall apply.
  9. For payments via Stripe, payment is deemed made once Stripe confirms receipt of payment. For payment methods with delayed confirmation (e.g. Klarna), the order remains marked as "pending" until confirmed by Stripe; shipment takes place only after confirmation.
  10. Refunds are generally made via the same payment method and payment channel used for the original payment. Chargeback, exchange rate or third-party fees arising from incorrect bookings or unauthorised chargebacks caused by the customer shall be borne by the customer.
  11. The customer has no right of set-off or retention against our claims unless the counterclaim is undisputed or has been finally adjudicated.
  12. In the case of delivery against advance payment, we are entitled to sell the goods at any time if payment is not received within five business days after our acceptance of the offer. In that case, dispatch will take place only while stocks last.

§ 5 Delivery, shipping, transfer of risk, assembly

  1. Unless expressly agreed otherwise, we determine the appropriate shipping method and carrier at our reasonable discretion.
  2. All stated delivery dates are non-binding unless expressly agreed in text form and designated as "binding". If the goods are shipped in accordance with the arrangements made with the customer, without us having assumed additional installation or assembly work or similar, we owe only the timely, proper delivery of the goods to the carrier and are not responsible for delays caused by the carrier. A shipping duration stated by us (the period between handover to the carrier and delivery to the customer) is therefore non-binding in these cases.
  3. Shipping is at the customer's risk and expense. The risk of accidental loss, accidental damage or accidental destruction of the delivered goods also passes to the customer upon delivery of the goods to the carrier, provided we owe only shipment (para. 2).
  4. If the customer does not accept the properly offered goods (default of acceptance), further storage and handling of the goods shall be at the customer's cost and risk.
  5. Optionally offered assembly and commissioning work must be commissioned and remunerated separately.

§ 6 Retention of title

  1. We reserve title to the goods delivered by us until full payment of the purchase price (including VAT and shipping costs) for the goods concerned. For international deliveries, we reserve title until all claims arising from the business relationship have been settled.
  2. The customer is not entitled, without our prior written consent, to dispose of title to the goods delivered by us that remain subject to retention of title ("reserved goods"). Disposal of the customer's legal position with respect to the reserved goods (the so-called expectancy right) remains permissible, provided the third party is informed of our ownership right.
  3. The customer is entitled to remove any marking on the goods identifying them as the seller's property only after full payment within the meaning of para. 1.
  4. The customer is obliged to handle the reserved goods with care.
  5. In the event of third-party access to the reserved goods — in particular by bailiffs — the customer will point out our ownership and notify us without delay so that we can enforce our ownership rights.
  6. In the event of default of payment, we are entitled to demand the return of the reserved goods, provided we have withdrawn from the contract.

§ 7 Rental and leasing terms

  1. Under rental and leasing contracts, we remain the owner of the rental/leasing item. The customer does not acquire ownership even after full payment of all instalments, unless a purchase option has been expressly agreed. The customer may neither sell, pledge, give away, rent out or lend the rental/leasing item, nor assign it as security. The customer must keep the rental/leasing item free of third-party rights.
  2. The customer is obliged to use and maintain the rental/leasing item properly. In particular, it must ensure that the rental/leasing item is handled and maintained in accordance with the operating manual within the scope of the contractual purpose of use and is kept in an operationally safe condition at all times.
  3. Subsequent modifications, additional installations as well as paintwork and lettering on the rental/leasing item are only permitted with our prior written consent. The customer is obliged, upon our request, to restore the original condition at the end of the contract at its own expense, unless we have waived this in writing. The customer is entitled to remove installations made by it at the end of the contract, provided the original condition is restored. Modifications and installations only give rise to a claim for compensation against us if we have consented to the work in writing and to the extent an increase in value of the rental/leasing item still exists at the time of return as a result of the modifications.
  4. Insofar as the contract includes repairs or maintenance work, we bear or advance the associated costs. Within the scope of the cost coverage for repairs, costs for repairs that become necessary due to improper handling of the rental/leasing item are not reimbursed. Costs for replacement items and consequential damages are also not covered by the costs for repairs and maintenance work. Repairs may only be carried out by us or by partners authorised by us in text form.
  5. The customer is liable under statutory provisions for loss, destruction, damage and diminution in value of the rental/leasing item and its equipment, and for costs caused by resulting downtime. The customer must adequately insure the rental/leasing item against all customary risks, name us as owner to the insurer, and provide us with proof of insurance.
  6. Regardless of the termination provisions of the rental/leasing agreement, both parties have the right to terminate the contract for good cause without notice. Termination without notice by the Provider is considered in particular in the event of payment arrears equal to two monthly instalments, use of the rental/leasing item in breach of contract, or lapse of insurance cover.
  7. After expiry of the contract term, the rental/leasing item, together with all accessories and documents provided, must be returned at the customer's expense to our place of business in Berlin or made available for collection by us or third parties commissioned by us. Upon return, the rental/leasing item must be in a condition consistent with its age and contractual use, free of damage and operationally safe. Normal wear and tear does not constitute damage. A joint protocol on the condition of the rental/leasing item shall be prepared upon return and signed by both contracting parties or their authorised representatives.
  8. If the rental/leasing item is not returned on time without our written consent, the customer must pay, for each day of retention, a base amount of 1/30 of the monthly rental/leasing instalment agreed for the contract period, plus the costs caused by the retention. In addition, the customer's obligations continue to apply mutatis mutandis during the period of retention.

§ 8 Services

  1. Services such as training, maintenance, remote support or assembly support are provided only pursuant to separate agreement. The type and scope of the services are governed by the respective service description.
  2. Our services are provided by sufficiently qualified staff in accordance with the recognised state of the art and with reasonable care.
  3. Subcontracting of performance obligations to third parties shall only occur with the customer's express prior consent in text form.

§ 9 Software, updates, licence terms

  1. Software supplied with the goods remains our intellectual property. The customer is granted a 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 a physical item is provided exclusively electronically and may be licensed individually.
  3. We inform on our website (sifat.de) about available updates (updates, bug fixes, extensions) and make these available for download, to the extent covered by the respective contractual scope. If the licensee does not install the updates provided by the licensor, the licensor shall not be liable for deviations from the contractual condition attributable to the missing update, provided the licensor has informed the licensee about the consequences of a failed or improper installation and this is not attributable to defective installation instructions provided by the licensor.
  4. The customer is not entitled to make copies of the software or to decompile it, except for the purpose of contractual use or for backup purposes. The customer may transfer the rights granted to it in the software to a third party only if ownership of the relevant product (in particular a hardware product) is simultaneously transferred to that third party and the customer retains no copies of the software. Any further transfer of the software to third parties is prohibited.
  5. Examination of the software to determine its functioning, 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. Insofar as open-source components are used, they are subject to their respective licences.

§ 10 Warranty

  1. The warranty period for the sale of newly manufactured goods is 12 months from delivery.
  2. The customer must inspect the goods carefully without undue delay after receipt. Delivered goods are deemed approved by the customer unless a defect is reported to us in text form (i) within seven business days of delivery in the case of obvious defects, or (ii) otherwise within fourteen business days of discovery of the defect.
  3. If the delivered goods are defective, we may choose between remedying the defect or delivering defect-free goods.
  4. If subsequent performance under para. 3 fails or is unreasonable for the customer, or if we refuse subsequent performance, the customer is entitled, in accordance with the applicable law, to withdraw from the purchase agreement, reduce the purchase price, or claim damages or reimbursement of futile expenses. However, the special provisions of § 11 of these GTC apply to the customer's claims for damages.

§ 11 Liability

  1. Our liability for delay in delivery is limited, in cases of ordinary negligence, to an amount of 10% of the relevant purchase price (including VAT).
  2. In other cases of ordinary negligence, we are not liable unless a material contractual obligation is breached. Material contractual obligations are the obligation to deliver and install the delivery item, its freedom from legal defects and from such material defects that impair its functionality or fitness for use more than insignificantly, as well as advisory, protective and custodial duties intended to enable the customer's contractual use of the delivery item or intended to protect the life or health of the customer's personnel or protect its property from significant damage.
  3. Insofar as we are liable in principle for damages, 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 it should have foreseen had it exercised customary care. Indirect damages and consequential damages resulting from defects in the delivery item are also compensable only insofar as such damages are typically to be expected from the intended use of the delivery item.
  4. Our liability for damages resulting from data loss is excluded to the extent that such damages arise from the fact that data recovery is not possible or is made more difficult due to missing or insufficient data backup.
  5. Insofar as we provide technical information or act in an advisory capacity, and such information or advice does not form part of the contractually owed scope of services, this is done free of charge and with the exclusion of any liability.
  6. The above limitations of liability do not apply in the event of intent or gross negligence, nor to our liability for guaranteed characteristics within the meaning of § 444 BGB, for injury to life, body or health, or under the German Product Liability Act.
  7. The above exclusions and limitations of liability apply to the same extent for the benefit of our officers, statutory representatives, employees and other vicarious agents.

§ 12 Data protection and data security

  1. Personal data is processed and stored only within the framework of applicable statutory provisions, in particular the GDPR and the German Federal Data Protection Act (BDSG).
  2. The customer undertakes to comply with data protection requirements, in particular when using our simulators and cloud-based services.
  3. For the processing of online payments, the payment and order data collected during checkout are transmitted to Stripe Payments Europe, Ltd. and processed there under its own responsibility (Art. 6(1)(b) GDPR). Transfer to third countries is carried out only on the basis of the EU Standard Contractual Clauses.
  4. Details can be found in the privacy policy available on our website and, where applicable, in a separate data processing agreement.

§ 13 International deliveries, export control

  1. For deliveries to locations outside the Federal Republic of Germany, the customer must observe and comply with any special export regulations, country-specific approvals or customs requirements.
  2. Our products may be subject to export control regulations. The customer undertakes to comply with all applicable national and international export and customs regulations. Export to embargoed countries or to sanctioned persons/organisations is prohibited.
  3. For deliveries outside the EU, delays caused by official measures, in particular customs clearance, or political events are at the customer's expense.

§ 14 Contract language, applicable law and place of jurisdiction

  1. Contracts with the customer are concluded exclusively in German or English. If the customer's order is placed 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 terms accompanied by the corresponding German terms shall always carry the meaning of the respective German term.
  2. The contracts and business relationships between us and the customer are governed by 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 private international law. The international place of jurisdiction is Germany.
  3. If the customer is a merchant within the meaning of § 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.

§ 15 Events, trade fairs & functions

  1. This section governs all services provided by the Provider in connection with events, trade fair appearances, roadshows, product launches, driver training, coaching, team-building, show runs and other functions in which the Provider provides simulators, technical infrastructure, personnel and/or logistics (hereinafter "Event").
  2. The basis for every Event booking is an individual offer from the Provider describing the scope of services, venue, period, set-up and dismantling times, hardware and software used, personnel, logistics and the agreed net order value. The contract is concluded upon order confirmation in text form by the Provider.
  3. Unless otherwise agreed, 30% of the net order value is due as a deposit within 14 days of order confirmation, a further 40% no later than 30 days before the start of the event, and the remaining balance within 14 days after the end of the event, without deduction.
  4. The customer will provide, in good time and at the venue, all necessary framework conditions, in particular suitable setup and stand areas with a stable, level surface, sufficient and standard-compliant power supply (including CEE connections for motion systems), climate control, secured access and delivery routes, storage areas, and Wi-Fi/internet for online simulations and telemetry. Additional expenses resulting from framework conditions not provided in good time or as agreed shall be borne by the customer.
  5. The customer is responsible for all official permits and registrations (GEMA, professional association, customs, venue regulations) as well as compliance with the applicable house rules and safety, fire protection and occupational safety regulations at the venue. The Provider will provide advisory support but assumes no obligation to file applications unless expressly commissioned to do so.
  6. The Provider is entitled to use qualified subcontractors, freight forwarders and hostess, promotion and service personnel for the performance of the Event. The Provider is liable for such persons as for its own vicarious agents within the scope of these GTC.
  7. Audio, image and video recordings of the simulators, personnel and brand and design elements of the Provider provided require prior consent in text form, insofar as they go beyond customary editorial or private reporting (e.g. commercial advertising, social media campaigns, sponsor integration). The Provider is in turn entitled to produce and use, free of charge, photo and video material of its own setup for its own reference and marketing purposes, provided no legitimate interests of the customer conflict with this; recordings of identifiable persons are made only with their consent.
  8. Third-party brands, logos and vehicle liveries are used only insofar as the customer has the necessary usage rights and demonstrates this to the Provider upon request. The customer shall indemnify the Provider against third-party claims arising from a culpable infringement of these rights.
  9. The customer is liable, in accordance with statutory provisions, for damage to the simulators, hardware, screens and accessories provided that is caused during the Event by the customer, its employees, guests or third parties commissioned by it. The Provider recommends taking out organiser liability and electronics insurance; upon request, the Provider will be named as a co-insured party.
  10. The Provider is entitled to cancel the Event for good cause, in particular where the safety of persons or equipment cannot be guaranteed, where official requirements or instructions of the venue make performance impossible, or where the customer fails to make due payments despite being given a deadline to do so. In these cases, the Provider retains the right to remuneration according to the cancellation rates (para. 13) analogous to a cancellation by the customer.
  11. The following conditions apply to the cancellation of a booked Event by the customer. The written confirmed first day of the event (excluding set-up) is decisive. Cancellation requires text form (an email to sales@sifat.de is sufficient); receipt of the cancellation notice by the Provider is decisive for calculating the deadline.
  12. The basis for calculating cancellation fees is the agreed net order value of the Event (including simulator provision, personnel, logistics, setup — excluding official fees and third-party costs pursuant to para. 14).
    • Cancellation earlier than 60 days before the start of the event: 15% of the order value (processing and reservation fee).
    • Cancellation 60 to 45 days before the start of the event: 30% of the order value.
    • Cancellation 44 to 30 days before the start of the event: 50% of the order value.
    • Cancellation 29 to 15 days before the start of the event: 75% of the order value.
    • Cancellation 14 to 4 days before the start of the event: 90% of the order value.
    • Cancellation from 3 days before the start of the event, on the day of the event, or in the case of non-appearance (no-show): 100% of the order value.
  14. Third-party costs already incurred or no longer cancellable (e.g. stand areas, freight forwarders and transport service providers, hostess and promotion personnel, catering services, accommodation, charter, special materials and other commissioned third-party services) will be charged to the customer in addition to the above rates at their actual amount. The Provider will make reasonable efforts to reduce these costs.
  15. The customer reserves the right to prove that the Provider incurred no damage or a significantly lower amount of damage. Likewise, the Provider reserves the right to prove a higher actual amount of damage.
  16. Postponements of the event date by the customer do not constitute a cancellation, provided the replacement date falls within 6 months, is confirmed by the Provider in text form, and the agreed resources are available. Otherwise, the cancellation rates apply accordingly. A processing fee of 5% of the order value may be charged for rescheduling.
  17. If the Event cannot be held for reasons of force majeure (e.g. official prohibition, natural events, pandemic-related restrictions, strike, failure of critical infrastructure at the venue), cancellation fees are waived; however, third-party costs already incurred and no longer cancellable (para. 14) as well as demonstrably rendered advance services must be reimbursed by the customer.
  18. If the Provider cancels an Event for reasons within its responsibility, payments already made will be refunded in full without undue delay. Further claims are governed by the liability provisions of these GTC (§ 11).

§ 16 Right of withdrawal for consumers

  1. A consumer within the meaning of § 13 BGB is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. The Provider's offering is primarily aimed at commercial customers (B2B); the following provisions apply exclusively where a contract with a consumer is concluded in an individual case.
  2. Right of withdrawal: You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods. In the case of delivery in several partial shipments, the period begins on the day on which you or a third party named by you took possession of the last partial shipment.
  3. To exercise the right of withdrawal, you must inform us (SIFAT Road Safety GmbH, Zimmerstraße 79/80, 10117 Berlin, Germany, email: sales@sifat.de) by means of a clear statement (e.g. by post or email) of your decision to withdraw from this contract. You may use the statutory model withdrawal form, although this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notice of the exercise of the right of withdrawal before the withdrawal period expires.
  4. Effects of withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we received notification of your withdrawal from this contract. We will use the same means of payment for this reimbursement as you used for the original transaction, unless expressly agreed otherwise with you; in any case, you will not be charged any fees as a result of such reimbursement.
  5. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods without undue delay and in any event no later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the fourteen-day period has expired.
  6. You will bear the direct cost of returning the goods. For bulky goods that cannot be returned by normal mail (in particular simulators, motion systems, transport crates/flight cases), return costs of up to approximately €1,500 per shipment within the EU, and possibly higher for worldwide returns, may be estimated. The exact amount depends on the destination, transport volume and the carrier chosen.
  7. You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
  8. Exclusion and premature expiry of the right of withdrawal: The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive, or that are clearly tailored to the personal needs of the consumer (e.g. individually configured simulators, special paintwork, customer-specific liveries). It expires prematurely for contracts for the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery, and for contracts for the supply of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
  9. For contracts for the provision of services (e.g. driver training, coaching, event activations), the right of withdrawal expires once the Provider has fully performed the service and only began performance after the consumer gave express consent thereto and simultaneously confirmed their knowledge that they lose their right of withdrawal upon full performance of the contract by the Provider.
  10. Model withdrawal form: To SIFAT Road Safety GmbH, Zimmerstraße 79/80, 10117 Berlin, sales@sifat.de — I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the purchase of the following goods (*)/for the provision of the following service (*): __________ — Ordered on (*)/received on (*): __________ — Name of consumer(s): __________ — Address of consumer(s): __________ — Signature of consumer(s) (only if this form is notified on paper): __________ — Date: __________ — (*) Delete as appropriate.
  11. There is no statutory right of withdrawal vis-à-vis entrepreneurs (§ 14 BGB) or legal entities under public law and special funds under public law; for them, only the remaining provisions of these GTC apply.

§ 17 Final provisions

  1. Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.
  2. Insofar as the contract or these GTC contain gaps or provisions that are partially invalid, those legally effective provisions shall be deemed agreed to fill such gaps that the contracting parties would have agreed in accordance with the economic objectives of the contract and the purpose of these GTC, had they been aware of the gap.
  3. Side agreements, amendments and additions must be made in writing. This also applies to any amendment of this written form clause itself, unless precluded by the priority of an individual agreement pursuant to § 305b BGB.
Version v2.3 · as of 13. August 2026 · For questions about these GTC, contact us at sales@sifat.de.