General Terms and Conditions

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§ 1 Basic Provisions

(1) The following terms and conditions apply to all contracts that you conclude with us, Thermotec AG. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby objected to.

(2) A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor attributable to their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

 § 2 Conclusion of Contract

(1) The subject of the contract is the sale of goods.

Our offers on the Internet are non-binding and do not constitute a binding offer to conclude a contract.

(2) You can submit a binding purchase offer (order) via the online shopping cart system.

The goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order summary page.

If you use the instant payment system "PayPal – Express" by clicking the appropriately labeled button integrated into the shop system, you will be redirected to the PayPal login page. After successful login, your address and account data stored with PayPal will be displayed. By clicking the "continue" button, you will be redirected back to our online shop to the order summary page.

Before submitting the order, you have the option to review all information again, change it (also via the "back" function of the internet browser) or cancel the purchase.

By submitting the order via the "order with obligation to pay" button, you submit a binding offer to us.

(3) The acceptance of the offer (and thus the conclusion of the contract) takes place immediately after the order by confirmation in text form (e.g., e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).

If you have not received such a message, you are no longer bound by your order. Any services already rendered will be reimbursed immediately in this case.

(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.

§ 3 Right of Retention, Retention of Title

(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

(3) If you are an entrepreneur, the following additionally applies:

a) We reserve ownership of the goods until all claims from the ongoing business relationship have been settled in full. Pledging or transfer of ownership by way of security is not permitted before the transfer of ownership of the reserved goods.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You remain authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) In the event of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities due to us at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent on us.

 

§ 4 Warranty

(1) Statutory liability for defects applies.

(2) If you are an entrepreneur, the following applies deviating from paragraph 1:

a) Only our own specifications and the manufacturer's product description are deemed to be agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.

b) You are obliged to inspect the goods immediately and with due diligence for quality and quantity deviations and to notify us of obvious defects in writing within 7 days of receipt of the goods; timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from the time of discovery. If the duty of inspection and notification of defects is violated, the assertion of warranty claims is excluded.

c) In the event of defects, we shall provide warranty, at our discretion, by repair or replacement delivery. Should the rectification of defects fail, you may, at your option, demand a reduction or withdraw from the contract. The rectification of defects is deemed to have failed after the second unsuccessful attempt, unless something else arises from the nature of the matter or the defect or other circumstances. In the event of repair, we do not have to bear the increased costs incurred by moving the goods to a location other than the place of performance, unless the relocation corresponds to the intended use of the goods.

d) The warranty period is 2 years from delivery of the goods. The shortened warranty period does not apply to damages culpably caused by us resulting from injury to life, body or health and grossly negligent or intentional damages or fraud, as well as in the case of recourse claims according to §§ 478, 479 BGB.

 § 5 Liability

(1) We are liable without limitation for damages resulting from injury to life, body or health. Furthermore, we are liable without limitation in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, when assuming a guarantee for the quality of the purchased item, and in all other legally regulated cases.

(2) Liability for defects within the framework of the statutory warranty is governed by the corresponding provisions in our customer information (Part II) and General Terms and Conditions (Part I).

(3) If essential contractual obligations are affected, our liability for slight negligence is limited to the contract-typical, foreseeable damage. Essential contractual obligations are essential obligations that arise from the nature of the contract and whose violation would jeopardize the achievement of the purpose of the contract, as well as obligations that the contract imposes on us according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which you may regularly rely.

(4) In the event of a breach of non-essential contractual obligations, liability for slightly negligent breaches of duty is excluded.

(5) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. We are therefore not liable for the constant or uninterrupted availability of the website and the services offered there.

 § 6 Choice of Law, Place of Performance, Place of Jurisdiction

(1) German law applies. For consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (favorability principle).

(2) The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office, unless you are a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual residence is not known at the time the action is filed. The right to appeal to a court at another statutory place of jurisdiction remains unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods explicitly do not apply.

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II. Customer Information

1. Seller's Identity

Thermotec AG

Arnsdorf 26

D-02894 Vierkirchen

Germany

E-Mail: info@thermotec.ag

 2. Information on the Conclusion of the Contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with § 2 of our General Terms and Conditions (Part I.).

3. Contract Language, Contract Text Storage

3.1. The contract language is German.

3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we receive the order, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by e-mail.

4. Codes of Conduct

4.1. We have submitted to the Buyer Seal quality criteria of Händlerbund Management AG, which can be viewed under the following link: Here. 

4.2. We have submitted to the Code of Honour of Trusted Shops GmbH, which can be viewed under the following link: Here.

5. Essential Characteristics of the Goods or Service

The essential characteristics of the goods and/or service can be found in the item description and the additional information on our website.

6. Prices and Payment Terms

6.1. The prices stated in the respective offers and the shipping costs are total prices. They include all price components, including all applicable taxes.

6.2. The incurred shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective item description, are shown separately during the ordering process and must be borne by you in addition, unless free shipping has been promised.

6.3. The payment methods available to you are specified under a correspondingly labeled button on our website or in the respective item description.

6.4. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

7. Delivery Conditions

7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective item description.

7.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment passes to you only upon delivery of the goods to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

If you are an entrepreneur, delivery and shipment are at your risk.

7.3. If delivery is not possible despite a scheduled appointment, a second delivery will be made. The recipient must bear the costs for the second delivery. These usually amount to €30.

8. Statutory Liability for Defects

8.1. The liability for defects for our goods is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

8.2. As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.

These General Terms and Conditions and customer information were created by the lawyers of Händlerbund specializing in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: Here.