• Easy & Comfortable

    Purchase on account
  • Return service

    14-day return policy
  • Original spare parts

    Direct shipment from the manufacturer

Our Terms and Conditions

General Terms and Conditions of Delivery and Payment for Customers

I. Scope

    The following Terms of Sale shall apply to the contract for the delivery of goods concluded between the Seller and the Buyer. Any conditions of the Purchaser which conflict with or deviate from our conditions shall apply only if we have expressly consented to their application in writing.

    All agreements which are made between the Seller and the Buyer in connection with the purchase contracts are set out in writing in the purchase contract, these Terms and Conditions, and the Seller’s order confirmation. No verbal ancillary agreements exist.

II. Offer and conclusion of contract

    The offers of the Seller shall be subject to change and non-binding, unless the Seller has expressly stipulated their binding nature in writing.

    Offers shall be understood as a non-binding invitation to the Customer to order goods. By ordering goods via the website (www.kermi.de) or by telephone, the Customer shall give a binding offer to conclude a purchase contract. The presentation of the products in the online shop shall not represent a legally binding offer, but a non-binding online catalogue. By clicking the "Purchase" / “Order with obligation to pay” button, you shall place a binding purchase order for the goods contained in the shopping cart. The confirmation of the receipt of your purchase order and the simultaneous acceptance of the purchase order shall be sent by automated e-mail immediately after the submission. The purchase contract shall enter into existence with this e-mail confirmation.

III. Prices/terms of payment/consequences of cancellation

    The prices of the Seller (price of the goods, transport costs, applicable taxes) shall be notified to the Purchaser before a binding purchase order is placed. Value-added tax and packaging costs are included in the price.

    Right to cancel

    You have the right to cancel this contract within fourteen days without stating the reasons.

    The cancellation period shall commence fourteen days from the day on which you or a third party designated by you, who is not the transporter, has taken possession of the goods.

    In order to exercise your right to cancel, you must inform us, Kermi GmbH, Pankofen-Bahnhof 1, 94447 Plattling (Department Ersatzteilabwicklung Privatkunden; E-Mail: Ersatzteile.Heiztechnik@Kermi.de by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. .

    The cancellation deadline shall be deemed to have been complied with provided that you send the notice stating that you wish to exercise the right to cancel before the cancellation deadline expires.

    Consequences of cancellation

    If you cancel this contract, we must return to you all payments which we have received from you, including the delivery costs (with the exception of any additional costs resulting from the fact that you selected a different form of delivery to the most cost-effective, standard delivery offered by us), without delay and no later than fourteen days after the date on which we receive notice of your decision to cancel this contract. For this repayment we shall use the same means of payment which you used for the original transaction, unless otherwise explicitly agreed with you; under no circumstances will you be charged fees in connection with this repayment. We can refuse to make the 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 the goods or hand them over to us without delay and in any event no later than fourteen days from the day on which you inform us that you are cancelling the contract. The deadline shall be deemed to have been complied with if you send the goods before the fourteen-day period expires.

    You must pay for a loss in the value of the goods only if this loss in value results from handling the goods in a way other than what is necessary in order to ascertain the nature, properties and functioning of the goods.

    When a new catalogue is published the old prices shall become invalid, unless a contract has already been effected at these conditions. The prices in the catalogue shall not be valid if the Buyer chooses the goods in person at the shop.

    Unless the order confirmation (or alternatively the invoice) states otherwise, the price (without deductions) shall be payable immediately, but no later than on delivery of the goods.

    If the Buyer defaults in payment, the Seller shall be entitled to charge default interest at 5 percentage points above the base interest rate. The Seller may at any time prove and invoice higher interest damage. In the event of default in payment the Seller shall also be entitled to cancel any agreed discounts and other concessions. The Seller shall be entitled to accept further deliveries only against advance payment. The right to assert additional damages shall be reserved.

    Payments may be made as follows: Purchase on account and PayPal.

IV. Delivery and performance period

    The delivery time for articles offered in the online shop shall be approx. 1-3 working days. The delivery time to other EU countries shall be approx. 2-3 working days.

    In the event of unforeseen hindrances outside the control of the Seller, which it was unable to avert in spite of reasonable care in the circumstances, such as due to force majeure (e.g. war, fire and natural disasters), the Seller shall be entitled to extend the delivery period by the duration of the hindrance. The Seller shall notify the Buyer of such circumstances without delay and immediately reimburse him any payments already made. If the hindrance results in a postponement of more than one month, the Seller shall also be entitled to withdraw from the delivery contract either wholly or in part.

    In the event of a delay in delivery, the Buyer may, after an appropriate period has expired to no effect, withdraw from the contract; if the Seller is unable to provide performance it shall be entitled to assert this right without setting any grace period.

    If a fixed delivery date was agreed, the Seller shall be liable in accordance with the statutory provisions; the same shall apply if, based on the default for which the Seller is responsible, the Buyer can claim that he no longer has any interest in having the contract fulfilled.

    In the event of delay in delivery, the Seller shall be liable to the Buyer in accordance with the statutory provisions, if the delay in delivery is based on an intentional or grossly negligent breach of duty for which the Seller is responsible. The Seller shall be responsible for fault on the part of its representatives or vicarious agents. If the delay in delivery is not attributable to an intentional or grossly negligent breach of contract on the part of the Seller, the Seller’s liability shall be limited to foreseeable, typically occurring damage.

    If the delay in delivery for which the Seller is responsible is attributable to a culpable breach of a material contractual obligation or of a cardinal obligation (cardinal obligations are material contractual obligations, i.e. obligations the performance of which shapes the contract and on which the contracting partner may be entitled to rely; they are thus the essential rights and obligations which are preconditions for execution of the contract and which are essential to attain the purpose of the contract), the Seller shall be liable in accordance with the statutory provisions; in such case liability for compensation shall be limited to foreseeable, typically occurring damage.

    The Seller shall at any time be entitled to make partial deliveries and partial payments, where this is reasonable for the Buyer.

V. Liability for material defects and defects of title

    Where material defects or defects of title exist, we shall, at the Customer’s option, be entitled to rectify the defect or to deliver an item which is free of defects (subsequent performance).

    If one or both types of said subsequent performance are impossible or disproportionate, we shall be entitled to refuse them. For such time as the Customer does not fulfil his payment obligations to us, we may refuse subsequent performance in an extent that corresponds to the portion of the work performed that is free from defects.

    We shall bear the expenses necessary in order to provide subsequent performance, including in particular transport, travel, labour and material costs; no costs shall be borne if additional costs arise due to the item having been transported to a place other than the place of performance.

    If the subsequent performance stipulated in clause 5.1. above is impossible or fails, the Purchaser shall be entitled to choose either to reduce the purchase price accordingly or to withdraw from the contract in accordance with the statutory provisions; this shall apply in particular in the event of a culpable delay in or refusal to provide subsequent performance, and also if subsequent performance fails for a second time. Irrespective of their legal basis, further claims of the Purchaser shall be ruled out or limited in accordance with clause 6. below.

    No warranty shall be assumed for damage resulting from the following: unsuitable or improper use, incorrect assembly by the Purchaser or third parties, natural wear and tear, incorrect or negligent handling, overloading, unsuitable operating resources, deficient construction work, unsuitable subsoil, chemical, electrochemical or electrical influences (where we are not responsible for them), incorrect modifications or repair work by the Purchaser or a third party which have not received prior approval from us.

    In the event of claims for which limited liability exists pursuant to clause 5. or 6., the following shall apply in respect of the periods of limitation for such claims: Where used goods are sold, claims on account of defects shall become time-barred one year after the purchased item is delivered. Where new goods are sold, claims on account of defects shall become time-barred two years after the purchased item is delivered. Where an item has, in accordance with its customary use, been used in a building structure and has caused such building structure to be defective, the period of limitation shall be five years. Claims for a reduction in price and the exercising of a right of rescission shall be excluded where the claim for subsequent performance is time-barred. However, if sentence 3 applies, the Customer may refuse to pay the purchase price if he would be entitled to do so on the basis of his right to rescind the contract or his right to reduce the purchase price; if the right to rescind the contract does not apply and payment is subsequently refused, we shall be entitled to withdraw from the contract.

    Assurances and warranties shall be effective only if explicitly granted by us in writing.

    None of the above clauses are intended to alter the statutory allocation of the burden of proof, or that in respect of court rulings.

VI. Withdrawal of the Customer and other liability

    With the exception of the cases stipulated in clause 5., the Purchaser's statutory right of withdrawal should be neither excluded nor limited. Equally, statutory or contractual rights and claims to which we are entitled should be neither excluded nor limited.

    We shall have unlimited liability only for intent and gross negligence (including on the part of our legal representatives and vicarious agents) and for loss of life, physical injury and damage to health. We shall also be liable without limit for warranties or assurances given if a defect that is covered by such a warranty or assurance triggers our liability. Further, there shall be no limit to liability resulting from hazardous circumstances (in particular in accordance with the German Product Liability Act (Produkthaftungsgesetz)). Equally, any liability for damages according to the principles of recourse against the contractor according to sections 478 et seq. of the German Civil Code (BGB) shall remain unaffected.

    In the event of any other culpable breach of material contractual obligations (cardinal obligations, see clause 6.8. sentence 2), our remaining liability shall be limited to foreseeable damage which is typical for the contract.

    Liability shall be excluded in all other cases, irrespective of the legal basis (including in particular claims based on a breach of principal and subsidiary contractual obligations, tort and other tortious acts).

    The same (exclusions, limitation and exceptions thereto) shall apply to claims based on culpa incontrahendo.

    This clause 6. shall apply accordingly in the event of reimbursement of expenses (with the exception of those defined in sections 439 II, 635 II of the German Civil Code (BGB)).

    Any exclusion or limitation of our liability shall also apply in respect of our legal representatives and vicarious agents.

    No reversal of the burden of proof is intended. Cardinal obligations are essential contractual obligations, i.e. obligations the performance of which shapes the contract and on which the contracting partner may be entitled to rely; they are thus the essential rights and obligations which are preconditions for execution of the contract and which are essential to attain the purpose of the contract

VII. Reservation of title

    The Seller shall reserve title to the goods until all payments under the purchase contract have been received.

    The Buyer must inform the Seller in writing and without delay of all interventions by third parties, especially enforcement measures as well as any other impairments of his assets. The Buyer shall compensate the Seller for all damages and costs resulting from any breach of this obligation and arising due to necessary countermeasures to halt interventions of third parties.

    If the Buyer acts in breach of the contract, especially if the Buyer does not meet his payment obligation despite a reminder from the Seller, the Seller may, after expiry of a reasonable previously-set deadline, withdraw from the contract and demand the return of goods which are still its property. Merely recovering the goods shall be deemed a rescission of the contract only if a reasonable deadline set by the Seller for payment to be made has expired to no avail and an express declaration of rescission has been made. The Buyer shall bear any resulting transport costs. Attachment of the goods by the Seller shall always constitute rescission from the contract. After return of the goods the Seller shall be entitled to sell or exploit them. The proceeds of any sale or exploitation – less appropriate associated costs – shall be offset against liabilities of the Seller.

    The Buyer may not pledge, transfer by way of security or assign the object of delivery or the receivables generated by it. In the event of attachments or other interventions by third parties, the Buyer must notify us immediately in writing so that we can file a lawsuit in accordance with section 771 of the German Code of Civil Procedure (ZPO).

    The Buyer shall be obliged to treat the goods with care.

VIII. Applicable law, contract language and apportionment of the burden of proof

    The law of the Federal Republic of Germany (German Civil Code (BGB), German Commercial Code (HGB)) shall apply to all claims and rights under this contract. The United Nations Convention on Contracts for the International Sale of Goods (CISG) and the conflict of law provisions of the Introductory Act to the German Civil Code (Einführungsgesetz zum Bürgerlichen Gesetzbuch, EGBGB) are expressly excluded. The contract language is German.

    None of the clauses agreed in the entirety of these terms and conditions are intended to alter the statutory allocation of the burden of proof, or that in respect of court rulings.

IX. Other provisions

    Changes to the contract can only become effective with our agreement.

    If individual provisions of these terms and conditions become invalid or void either in whole or in part, this shall not affect the remaining provisions.

    All terms and provisions are gender-neutral and are also non-discriminatory within the meaning of the General Act on Equal Treatment (AGG).

    We shall save the contract wording and send you the purchase order data by e-mail. As a registered customer, you can view previous purchase orders in our customer account.

X. Alternative dispute resolution pursuant to Article 14 (12) of the ODR Regulation and section 36 of the Act on Dispute Resolution in Consumer Matters (VSBG)

    The European Commission provides an online dispute resolution (ODR) platform which is available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN Consumers can approach Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V. Straßburger Str. 8 77694 Kehl  https://www.verbraucher-schlichter.de for resolution of their disputes. We are obliged to participate in dispute resolution processes before this body. We shall participate in such a process.