Our Terms and Conditions

General Terms of Delivery and Payment for a Consumer

I. Scope of application, Terminology

(1) The following General Terms Conditions of Business apply to all orders that you place using the Kermi online shop. They conclusively and exclusively regulate the business relationship between the online shop operator (hereinafter “Supplier”) and the customer (hereinafter “Customer”). Any deviating general terms and conditions of the Customer are not recognised unless the Supplier expressly agrees to their validity in writing.

(2) The Customer is considered to be a consumer where the purpose of the order cannot be attributed predominantly to their commercial or self-employed professional activity. On the other hand, the Customer is a business if, as a natural person or legal entity or partnership with legal capacity, they are acting to exercise a commercial or independent professional activity when concluding the purchase contract.

II. Offer and contract conclusion

(1) The presentation of goods in the online shop does not constitute a binding application for a purchase contract to be concluded. Rather, the following applies: The offers are to be understood as a non-binding invitation to the customer to order goods.

(2) By ordering goods via Kermi‘s online shop or by telephone, the Customer is making a binding offer to conclude a purchase contract. By clicking the “Buy” / “Order subject to payment” button, the customer places a binding order for the goods placed in the shopping basket.

(3) The sales contract is concluded with Kermi GmbH. A binding contract can also be concluded beforehand as follows: PayPal will carry out a credit check for various services such as payment by direct debit to ensure your willingness and ability to pay. This corresponds to PayPal‘s legitimate interest (acc. to Section 6 (1) lit. f GDPR) and serves to implement the contract (acc. to Section. 6 (1) lit. b GDPR). Your data (name, address and date of birth, bank account details) will be passed on to credit agencies for this purpose. We have no influence on this process and are only given the result as to whether the payment has been made, rejected or is pending verification.The goods on offer are only sold in normal household quantities and only to persons of legal age. Kermi GmbH retains the right to reject incoming order enquiries for financial reasons – without having to justify this.

(4) The confirmation of receipt of your order together with the acceptance of the order will be sent immediately after sending an automated email. This email confirmation means the purchase contract has been concluded.

III. Prices, Payment conditions and Consequences of cancellation

(1) The prices stated on the product pages include the statutory value added tax and other price components. They do not include the respective delivery costs. Unless otherwise stated in the order confirmation (alternatively in the invoice), the invoice amount is to be transferred to our account within 10 days of receipt of the order confirmation, at the latest, however, upon delivery. If the Customer defaults on payment, the Supplier is entitled to charge interest on arrears at a rate of 5 percentage points above the base interest rate. The Supplier is entitled to only make further deliveries against advance payment.

(2) If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB) and you make your purchase as such, then you have the right to cancel in accordance with the following provisions.

Cancellation right

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

Die Widerrufsfrist beträgt vierzehn Tage ab dem Tag, an dem Sie oder ein von Ihnen benannter Dritter, der nicht der Beförderer ist, die Waren in Besitz genommen haben bzw. hat.

To exercise your cancellation right, you need to inform us, Kermi GmbH, Pankofen-Bahnhof 1, 94447 Plattling (spare parts sales General Terms of Delivery and Payment for a Consumer Valid from 1 September 2022 | Page 2 department; email: Ersatzteile.Heiztechnik@Kermi.de, or Ersatzteile.Sanitaer@kermi.de by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract.

You are also welcome to use the returns form sent with the order confirmation.

To comply with the cancellation period, it is sufficient that you send the notification of exercising your right of cancellation before the end of the cancellation period.

Consequences of cancellation

If you cancel this contract, then we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your cancellation of this contract. We use the same means of payment to make this repayment that you used for the original transaction, unless expressly agreed otherwise with you; you will not be charged for this repayment in any case.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You only have to pay for any loss in value of the goods if this loss in value is due to you having handled the goods in a way that is not necessary for testing the quality, characteristics, and functionality of the goods.

Sie müssen für einen etwaigen Wertverlust der Waren nur aufkommen, wenn dieser Wertverlust auf einen zur Prüfung der Beschaffenheit, Eigenschaften und Funktionsweise der Waren nicht notwendigen Umgang mit ihnen zurückzuführen ist

IV. Delivery and performance time

(1) The delivery time for items offered in the online shop is approx. 1–3 working days. The delivery time to EU countries other than Germany is 2–3 working days. This is calculated from the time that we confirmed receiving the order.

(2) The availability of the respective products can be viewed in the online shop. If a product is permanently unavailable, then the Supplier shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.

(3) If the product named by the Customer in the order is only temporarily unavailable, the Supplier shall inform the Customer of this as soon as possible.

V. Payment

The following payment methods are available to you in our shop:

PayPal

In Zusammenarbeit mit dem Zahlungsdienstleister PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg („Pay- Pal“) bieten wir Ihnen die folgenden Zahlungsoptionen als PayPal Services an. Sofern nicht anders angegeben, erfordert die Zahlung über PayPal Plus keine Registrierung bei PayPal voraus. Weitere Details erhalten Sie bei der jeweiligen Zahlungsoption und während des Bestellvorgangs.

(1) PayPal:You need to be registered with PayPal to pay the invoice amount via the PayPal payment option. You must log in with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed.

(2) Credit card via PayPal: Your card will be charged by PayPal once the goods are dispatched.

(3) Direct debit via PayPal: Payment by direct debit via PayPal requires an address and credit check and is carried out directly by PayPal. By confirming the payment instruction, you issue PayPal with a direct debit mandate. PayPal will inform you about the date your account will be debited (prenotification). The account will be charge before the goods are dispatched.

VI. Warranty

(1) Unless expressly agreed otherwise, the Customer‘s warranty claims shall be governed by the statutory provisions of the law on sales (Sections 433 et seq. of the German Civil Code (BGB)).

(2) If you are a business within the meaning of Section 14 of the BGB, then we shall provide the service by rectification of defects or replacement delivery as we see fit (subsequent performance). In the event of rectification of defects, we shall not be required to bear the increased costs arising from the transfer of the goods to a place other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.

Furthermore, you are obliged to give notice of any defects within the meaning of Section 377 of the German Commercial Code (HGB) without delay. In the case of obvious defects, this complaint must be made within 7 days of receipt of the goods. In the case of hidden defects, within 7 days of discovery.

VII. Liability

(1) We shall only be liable without limitation for intent and gross negligence (also of our legal representatives and vicarious agents) and in accordance with the Product Liability Act. We shall be liable for slight negligence in the event of damage resulting from injury to life, limb, and health.

(2) In other respects, the following limited liability applies: In the case of slight negligence, we are only liable for damages arising from the breach of an essential contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the Customer regularly relies and may rely (cardinal obligation). Liability for slight negligence is limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation also applies in favour of our vicarious agents.

VIII. Retention of title

(1)The goods remain the property of the Supplier until the purchase price has been paid in full.

(2) If the Customer is a business within the meaning of Section 14 of the German Civil Code (BGB), the following applies:

The Supplier retains title to the goods until receipt of all payments under the purchase contract.

The Customer shall immediately notify the Supplier in writing of any access by third parties, in particular of compulsory execution measures and other impairments of its property. The Customer shall compensate the Supplier for all damages and costs arising from a breach of this obligation and from necessary intervention measures against access by third parties.

If the Customer behaves in breach of contract, in particular if the Customer does not meet their payment obligation despite a reminder from the Supplier, then the Supplier can cancel the contract after setting a reasonable deadline in advance and demand the return of the goods that are still their property. Merely taking back the goods shall only constitute cancellation of the contract if a reasonable period of time set by the Supplier for performance has expired to no avail and the cancellation has been expressly declared. The Customer will bear any transport costs thus incurred. Seizure of the goods by the Supplier always constitutes cancellation of the contract. The Supplier is authorised to resell the goods after they have been returned. The proceeds of resale shall be credited against the Supplier‘s liabilities – less reasonable costs thus incurred.

The Customer may neither pledge nor assign by way of security the delivery item or the claims replacing it. In the event of seizures or other interventions by third parties, the Customer must inform us immediately in writing so that we can take legal action in accordance with § 771 of the German Code of Civil Procedure (ZPO).

The Customer is obliged to treat the goods with care.

IX. Applicable law, contract language, and allocation of burden of proof

(1) All claims and rights arising from this contract are subject to the law of the Federal Republic of Germany (BGB, HGB). Application of the UN Sales Convention (CISG) is expressly excluded. The contract language is German, or respectively, the language of the respective country that Kermi is operating an online shop in.

(2) None of the clauses agreed throughout the terms and conditions are intended to change the statutory allocation of the burden of proof.

X. Other provisions

(1) Should individual provisions of these TCs be invalid or void in whole or in part, this shall not affect the remaining provisions.

(2) All terms and regulations are to be understood as gender-neutral and also otherwise non-discriminatory within the meaning of the General Equal Treatment Act (AGG).

(3) We will save the text of the contract and send you the order data by e-mail. You can view past orders in your customer account.

XI. Alternative Dispute Resolution pursuant to Art. 14 (12) of the Online Dispute Resolution and Section 36 of the German Act on Alternative Dispute Resolution in Consumer Matters (VSBG)G

The European Commission has made a platform available for online dispute resolution (OS) that you can find at https://ec.europa.eu/ consumers/odr/main/index.cfm?event=main.home.showlng=DE.

Consumers have the option of turning to the Universalschlichtungsstelle des Bundes, Zentrum für Schlichtung e.V. Straßburger Str. 4, 77694 Kehlhttps://www.verbraucher-schlichter.de to get involved in their disputes.

We declare that we are willing to participate in a dispute resolution procedure.