translation for information purposes
General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts you conclude with us as a supplier Eheizung24 GmbH, contracted about www.eheizung24.de and www.thermotec.ag. Unless otherwise agreed, the inclusion of your own terms and conditions will be rejected.
2. Consumers within the meaning of the following rules shall be any natural person who concludes a legal transaction for purposes which are predominantly not eligible for their commercial or self-employed occupation. Entrepreneur is any natural or legal person or a legal person who is acting in the exercise of his or her own professional or commercial activity when a legal transaction is concluded.
§ 2 Condition of the contract
(1) The object of the contract is the sale of goods. Our offers on the Internet are non-binding and not a binding offer for the conclusion of a contract.
(2) You can submit a binding purchase offer (order) via the online shopping basket system.
In the process, the goods intended for purchase are stored in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes at any time. After entering the "Cash" page and entering the personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.
If you use the "PayPal - Express" system, you will be redirected to PayPal 's log - in page. After successful registration, your address and account data entered with PayPal will be displayed. Click the button "weiter" to go back to our online shop.Before sending the order, you have the possibility to review, change (also via the function "back" of the internet browser) or cancel the purchase.By sending the order via the "order to pay" button, you submit a binding offer with us.
(3) Acceptance of the offer (and therefore the conclusion of the contract) shall take place immediately after the order by confirmation in text form (eg e-mail) confirming the execution of the order or delivery of the goods (order confirmation).If you have not received an appropriate message, you are no longer bound to your order. If this is not the case, the services already rendered will be refunded immediately.
(4) Processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address that you have provided with us is correct, the receipt of the e-mails is technically ensured and, in particular, not prevented by SPAM filters.
§ 3 Right of retention, reservation of title
(1) You can only exercise a right of retention, in so far as it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) (3) If you are an entrepreneur, the following shall also apply:
A) We retain ownership of the goods until the full settlement of all claims arising from the current business relationship. Prior to the transfer of ownership of the reserved goods, a pledge or security transfer shall not be permitted.
B) You can resell the goods in the ordinary course of business. In this case, you are already assigning to us all claims in the amount of the invoice amount which you are accruing from the resale, and we accept the assignment. They are further authorized to collect the claim. If you do not fulfill your payment obligations properly, however, we reserve the right to collect the claim ourselves.
C) In case of connection and mixing of the reserved goods, we shall 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 to which we are entitled at your request insofar as the realizable value of our collateral exceeds the claim to be secured by more than 10%. The choice of collateral to be released is up to us.
§ 4 Warranty
(1) There are statutory liability for defects.
(2) If you are an entrepreneur, the following applies mutatis mutandis to paragraph 1:
A) The quality of the goods is subject to our own specifications and the product description of the manufacturer as agreed, but not to any other advertising, public promises 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 in writing of any obvious defects within 7 days of receipt of the goods; This also applies to later discovered hidden defects from discovery. The assertion of the warranty claims is excluded in the case of infringement of the obligation to examine and to notify.
C) In the event of defects, we shall, at our discretion, make a warranty by repair or replacement. If the defect clearance fails, you may, at your discretion, demand a reduction or withdraw from the contract. The defect clearance shall be deemed to have failed after the second attempt has been unsuccessful, if the nature of the defect or the other circumstances is not different. In the case of rectification, we shall not be required to bear the increased costs resulting from the shipment of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
D) The guarantee period is 15 years warranty on area storage heating, 2 years warranty on thermostats and accessories from delivery of the goods. The shortened warranty period does not apply to damages attributable to us caused by the injury to life, body or health and gross negligence or deliberate damage or misrepresentation, as well as to recourse claims pursuant to §§ 478, 479 BGB.
§ 5 Liability
(1) We are fully liable for damages resulting from injury to life, body or health. We shall continue to be liable without limitation in all cases of intent and gross negligence, in the case of malicious concealment of a defect, assuming the guarantee for the quality of the purchased item, and in all other cases regulated by law.
(2) Liability for deficiencies within the scope of the statutory warranty depends on the respective regulation in our customer information (part II) and general terms and conditions (part I).
(3) Insofar as essential contractual obligations are concerned, our liability in case of slight negligence is limited to the contract-typical foreseeable damage. Significant contractual obligations are essential obligations which arise from the nature of the contract and whose violation would jeopardize the attainment of the purpose of the contract as well as obligations imposed by the contract on the content of the contract in order to achieve the purpose of the contract And to which you may regularly rely.
(4) In case of violation of insignificant contractual obligations, liability for negligent breaches of duty is excluded.
(5) According to the current state of the art, data communication via the Internet can not be guaranteed without errors and / or at any time available. We are not liable for the continuous or uninterrupted availability of the website and the services offered there.
§ 6 Choice of law, place of fulfillment, court of jurisdiction
(1) German law shall apply. In the case of consumers, this choice is valid only to the extent that the protection granted by mandatory provisions of the law of the State of the habitual residence of the consumer is not withdrawn (favorable principle).
(2) The place of fulfillment for all services arising from the business relations and court of jurisdiction with which we are based is our registered office, insofar as you are not a consumer but a merchant, a legal person of public law or a public special fund. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or the place of residence or habitual residence is not known at the time of the appeal. The power to also bring the court to another legal court remains unaffected.
(3) The provisions of the UN purchase law are not expressly applicable.
II. Customer information
1. Identity of the seller
Telefon: +49 (0) 341 98 99 12 0
2. Information on the condition of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract and the corrective measures are made in accordance with § 2 of our General Terms and Conditions (Part I.).
3. Contract language, contract renewal
3.1. The contract language is German.
3.2. The full text of the contract is not saved by us. Before sending the order via the online shopping basket system, the contract data can be printed out or electronically secured via the print function of the browser. After receipt of the order with us, the order data, the legally prescribed information for remote sales contracts and the General Terms and Conditions will be sent to you again by e-mail.
4. Codes of Conduct
4.1. We have subjected ourselves to the buyer's seal quality criteria of the dealership management AG, which can be seen under the following link: http://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf
4.2. We have subjected ourselves to the honest code of the Trusted Shops GmbH, which can be viewed under the following link: http: //www.trustedshops.de/shopbetreiber/qualitaetskriterien.html .
5. Main characteristics of the goods or service
The essential characteristics of the goods and / or service can be found in the article description and the supplementary information on our website.
6. Prices and terms of payment
6.1. The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. The shipping costs are not included in the purchase price. If you are able to call up a correspondingly indicated button on our website or in the respective article description, you will be separately indicated in the course of the ordering process and shall be borne by you in addition, unless the delivery costs-free delivery is announced.
6.3. The payment methods available to you are indicated under a correspondingly designated button on our Internet presence or in the respective article description.
6.4. Unless otherwise specified in the individual forms of payment, the payment claims arising from the concluded contract shall be payable immediately.
7. Terms of delivery
7.1. The terms of delivery, the delivery date and, if applicable, existing delivery restrictions can be found under a correspondingly designated button on our Internet presence or in the respective article description.
7.2. As far as you are a consumer is legally regulated that the risk of the accidental destruction and the accidental deterioration of the sold thing during the dispatch only passes with the delivery of the goods to you, regardless of whether the dispatch is insured or uninsured. This does not apply if you have ordered a transport company not designated by the company or a person appointed otherwise to carry out the shipment.
If you are an entrepreneur, the delivery and dispatch is at your risk.
8. Statutory right of deficiency
8.1. The defect liability for our goods is subject to the "Warranty" regulation in our General Terms and Conditions (Part I).
8.2. As a consumer, you are requested to check the goods immediately for completeness, obvious defects and transport damage as well as to inform the freight forwarder as soon as possible. Failure to do so will have no effect on your statutory warranty claims.
These terms and conditions and customer information were compiled by lawyers of the dealer association specialized in IT law and are constantly checked for legal conformity. The Händlerbund Management AG guarantees the legal certainty of the texts and is liable in case of warnings. For further information, please visit: http://www.haendlerbund.de/agb-service.