General
Terms and conditions

Last modified on 03 August 2018

§1 General / Scope of application

1. The law of the Federal Republic of Germany shall apply. If a consumer is involved in this contract, the law of the place where the consumer has his habitual residence shall apply.

2. Insofar as the customer is a consumer within the meaning of. §13 BGB, these General Terms and Conditions shall apply exclusively. If the Customer concludes the contract with wibutler within the scope of his activity as an entrepreneur within the meaning of §14 BGB. §14 BGB, the terms and conditions of purchase and sale provided by wibutler shall take precedence. In this case, these General Terms and Conditions shall apply subordinately and additionally.

3. wibutler's services and deliveries are provided exclusively on the basis of these General Terms and Conditions and wibutler's Terms and Conditions of Purchase and Sale. Provisions deviating from these General Terms and Conditions, in particular conflicting general terms and conditions of the contractual partner, shall only apply if wibutler has expressly agreed to them in writing prior to conclusion of the contract. These General Terms and Conditions of Business shall also apply if the delivery or service has been accepted by wibutler without reservation or payment has been made in the knowledge that the contractual partner's terms and conditions of sale conflict with or deviate from these Terms and Conditions of Purchase.

4. These GTC apply both to the present transaction and to all future business transactions, as well as to all statements made in connection therewith, regardless of whether these were made verbally, in writing or via the Internet.

§2 Contractual partner

On the basis of these General Terms and Conditions, a contract is concluded with: 

DBT Digital Building Technology GmbH & Co. KG
Weseler Straße 539
48163 Münster
Germany

Email: info@wibutler.com

Managing Director: Michael Jüdiges

Contact / Complaints 

Our customer service is available for commercial, technical or product-related questions, complaints and objections from Monday to Thursday from 08:00 to 17:00 and Fridays from 08:00 to 14:00 as well as via the e-mail address info@wibutler.com reachable.

§3 Contract language

The contract language is German.

§4 Subject matter of the contract

1. wibutler is not a contractual partner with regard to the services brokered in this way or the subsequent purchase of compatible field devices. Products selected via the webshop are not ordered from wibutler. The actual ordering process only takes place directly with this partner after the product has been selected and the customer has been redirected to a partner site (e.g. www.amazon.de). If a service/work is selected, the contract is only concluded directly between the customer and the contractor after the contractor has consulted the customer. The command „Object“ is either misspelled or could not be found.

2. The wibutler platform solution is used for automation, in particular for time-based control of energy consumers (heating, lighting and other electricity consumers) in flats and houses. The compatible field devices advertised here help the wibutler system solution to realise its full potential. The field devices communicate with the wibutler control centre via a generally encrypted wireless connection.

3. wibutler grants the Client, free of charge, a simple, non-exclusive right to use the software required for operation (wibutler app and wibutler software) for its own internal purposes within the scope of the contractually stipulated purpose by downloading the software under this contract and accepting the end user licence agreement.

4. wibutler grants the Client the simple, non-exclusive right to use the so-called wibutler cloud free of charge upon conclusion of this contract and commissioning of a wibutler control centre, which can be revoked at any time. This enables the Customer to carry out online updates or to initialise a remote connection for remote control of the wibutler system solution, among other things.

5. wibutler undertakes to keep servers available for the duration of this agreement and to grant the Licensee access to these as required (wibutler Cloud). In the wibutler cloud, the Licensee is able to view any data collected with its consent on the energy consumption of its field devices controlled via the wibutler app and the wibutler control centre.

For the duration of this contract, wibutler shall provide the updates required for security reasons free of charge. For an automatic update process, it is necessary that the wibutler control centre is connected to the Internet. wibutler reserves the right to provide additional service functions or additional cloud-based services within the wibutler app or on the wibutler website against payment of a fee.

§5 Restrictions on use

1. Products of the wibutler family are not suitable for the operation of medical or health-related devices. All circuits configured by the customer should be checked again by the customer. Thermal appliances (e.g. coffee machines, kettles, irons, etc.) should not be switched unattended. The functionality of the field devices in combination with the products of the wibutler family may be restricted by structural features of the installation site.

2. A mobile device (smartphone, tablet PC) with the iOS (version 7 or higher) or Android (version 4.1 or higher) operating system is required for use in accordance with the contract.

§6 Conclusion of the contract

1. The presentation of the goods and services in the webshop are presented in two categories.
a) Depictions of goods that are labelled „order now on Amazon“ do not constitute an offer on the part of wibutler. wibutler does not become a contractual partner within the scope of a selection of such a product in the webshop. A contract between the customer and the respective partner of wibutler for the purchase of goods or the provision of a service/work is only concluded after the customer has expressly placed an order with the respective partner. In this context, the general terms and conditions of the respective partner apply. wibutler's involvement in the conclusion of a contract is limited to referring the customer to the website of the respective provider. Warranty rights and the right of cancellation must be asserted against the provider. Billing is carried out by the third-party provider.
b) Other representations of goods or work/services do not constitute an offer on the part of wibutler. By completing the order process, the customer submits a binding offer to wibutler. The contract is concluded when wibutler confirms this offer by e-mail. Warranty rights and the right of cancellation must be asserted against wibutler. wibutler is entitled to use subcontractors to fulfil its obligations under the contract, in particular for the fulfilment of work and services. If wibutler utilises a vicarious agent, the vicarious agent shall be entitled to assert the resulting claim in its own name on behalf of wibutler.

2. wibutler has no legal relationship with the third parties in the cases of paragraph 1 a). In particular, wibutler shall not be liable for the actual availability of the goods presented or the actual provision of the services/works presented.

3. wibutler shall be deemed to have concluded this contract upon confirmation by e-mail.

§7 Right of cancellation

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods. If the contract is limited to one of the services offered, such as the installation of separately ordered goods, the cancellation period is fourteen days from the day on which the contract is concluded.

To exercise your right of cancellation, you must inform us of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail) to the address given above. You can use the attached sample cancellation form, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.

Consequences of cancellation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For the repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. In the case of a contract that is at least also for the purchase of goods, we may refuse to make a refund until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is the earliest.

In the case of a contract that is at least also directed to the purchase of goods, you must send the goods immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract to

DBT Digital Building Technology GmbH & Co. KG
Weseler Straße 539
48163 Münster

Germany

to return or hand over the goods. The deadline is met if you dispatch the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value if this loss in value is due to an unnecessary extent for checking the condition, properties and functionality of the goods.

If, in the case of a contract limited to services, you have requested that the services should commence during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

§8 Costs of using the wibutler software

1. Within the scope of the contractual use of the wibutler family, the customer may incur additional communication costs depending on the provider and tariff selection. The amount of these costs depends on their respective mobile phone or Internet provider.

2. As part of the use of the wibutler app, we may offer the customer the purchase of new additional functions for their wibutler home server. The specific scope of the setting, analysis and training options ex works depends on the wibutler model purchased. The number of devices that can be trained without additional costs will not be less than three. This is the case if the customer uses or installs the software as part of the wibutler-starter variant (freemium model). Each additional compatible device released for this model variant that the customer wishes to train must subsequently be activated by means of an in-app purchase. The same applies to any other wireless standard (EnOcean, Z-Wave, ZigBee, Bluetooth Smart, etc.). One standard is activated ex works in the freemium model (wibutler-starter). These restrictions do not apply to the regular wibutler control centres in the pro version. For the wibutler-light product variant, only the activation of an additional radio standard (one standard activated ex works) requires an in-app purchase. It is not necessary to activate other devices that are compatible and approved for this model variant, which may incur additional costs.

§9 End of contract

1. This contract can be cancelled at any time and without giving reasons by the customer using the „Delete user account“ function in their customer account on the wibutler website or within the wibutler app.

2. wibutler may terminate this contract by giving 6 weeks' notice to the end of a month without giving reasons.

3. This contract ends by cancellation or by the conclusion of new general terms and conditions.

§10 Warranty

1. The statutory provisions on liability for defects shall apply.

2 The statutory warranty is excluded for defects caused by improper use, non-compliance with the supplied user instructions or other misuse of the product, in particular the use of the product with a device whose compatibility has not been expressly confirmed by wibutler, by modification of the product, by repair attempts by third parties, i.e. not by wibutler or a representative authorised by wibutler, or by improper installation of third-party products.

3. wibutler guarantees the durability of the products in the wibutler family for 12 months from the date of purchase of the respective product. This does not apply to defects resulting from improper use. Excluded from this guarantee are wearing parts (in particular batteries) and cosmetic changes to the panelling of the wibutler that do not impair its functionality.

4. wibutler reserves the right to deliver a new device instead of a repair or to refund the purchase price.

5. The statutory warranty period shall not recommence in the event of rectification or subsequent fulfilment as a gesture of goodwill. Only in the event of a justified complaint and rectification or subsequent delivery by wibutler shall the guarantee and statutory warranty be renewed.

6. wibutler shall not be liable for financial losses resulting from the temporary or permanent failure of one or more servers provided for use or their inaccessibility by the Licensee, unless the failure or inaccessibility is due to wilful or grossly negligent conduct on the part of wibutler. This applies in particular to the loss of data.

§11 Information on online dispute resolution pursuant to Art. 14 para. 1 ODR-VO

The European Commission provides a platform for out-of-court online dispute resolution. You can reach this at http://www.ec.europa.eu/consumers/odr

§12 Information according to the Battery Act

In connection with the sale of batteries and rechargeable batteries, we as the manufacturer are obliged under the Battery Act (BattG) to inform our customers of the following: Batteries and rechargeable batteries may not be disposed of with household waste. End users are legally obliged to return batteries and rechargeable batteries. Used batteries may contain harmful substances that can damage the environment or your health. As an end user, you can return batteries and rechargeable batteries from our range to one of our sales outlets free of charge. They can also be returned to us by post with sufficient postage at the address below. We will then dispose of them - also free of charge for you. Rechargeable and non-rechargeable batteries can also be returned to a municipal collection centre or your local retailer. Batteries and rechargeable batteries that contain harmful substances are labelled with the symbol of a crossed-out dustbin - which means that you must not dispose of them in household waste - and the chemical symbol of the respective harmful substance (e.g. „Cd“ for cadmium, „Pb“ for lead, „Hg“ for mercury).

Batteries and rechargeable batteries from our range can be returned to the following address:

DBT Digital Building Technology GmbH & Co. KG
Weseler Straße
48163 Münster
Germany

Further information on the Batteries Act, in particular the option to download the ordinance, can be found at the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (www.bmu.de).