- The services offered are provided exclusively to business persons. This is also applicable to the following GT&C's, which are likewise effective solely for business transactions with business persons.
- The contract is entered into between the customer and Therma Thermofühler GmbH, represented by the Managing Director GE Michael Hausberg, Björn Hausberg and Melanie Diepgrond, Commercial Register: District Court Cologne, Registration number HRB 37763
VAT registration number DE 123 240 315, referred to below as the user on the basis of these General Terms of Trade and Conditions (GT&C).
Subject matter of the contract
This contract regulates the sale of new items and the manufacture based on specific orders. Due to the details of the respective offer, reference is made to the product description unless the goods are not fabricated according to customer specification.
Conclusion of contract
The contract materialises in electronic commerce. These regulations also apply to contract conclusions by telephone or e-mail insofar as the contract partner has sufficient access to these GT&C’s so that the customer can become acquainted with them before the conclusion of the contract. All offers on the homepage of the operating company are a non-binding invitation to make an offer through the customer order. A contact is only concluded with the acceptance by the user. The ordering process to contract conclusion encompasses the following steps in this homepage.
- Selection of the tender in the desired quality based on the existing offer in the shop or fabrication of goods based on specific customer specifications.
- The sending of the customer order using the "Contact" form.
- User's statement regarding the prices for the specific order and delivery times.
Insofar as the customer strives for the purchase of genus goods (plugs, cables etc/not manufactured specifically for the customer), the prices result from the products offered on the homepage. All prices are net since they are aimed exclusively at businesspersons.
Reservation of ownership
The delivered goods remain the property of the supplier until complete payment.
In case of non-availability of certain goods or components, the user reserves the right to withdraw from the contract. This does not result in a right to claim compensation by the customer. The corresponding declaration of the user must be made promptly.
The goods will be shipped promptly after confirmation of the order and after receipt of payment.
For new goods, the warranty term is limited to one year as far as legally permissible. The user is granted that in case of supplementary performance it can choose between repair or new delivery.
Liability for accidentally destroyed or damaged goods shall be transferred to the customer through the appointed carriers starting from dispatch. Apart from that, the contract text will be stored by the supplier.
The customer does not have any possibility of directly accessing the stored contract text, but the customer can request it. The customer can correct errors in the entry during the ordering process via e-mail.
Claims for damages
The customer can assert claims for damages due to violation of life, the body, health or important contractual obligations which are necessary to achieve the objective of the contract. Any other assertion of claims for damages is excluded. That does not apply to claims for damages which result from deliberate or gross negligence of responsibility of the user or its legal representative or fulfilment assistant.
Language, jurisdiction and applicable law
The language of the contract is German. Solely the laws of the Federal Republic of Germany apply. The venue of jurisdiction in case of disputes with the customer is the registered office of the supplier. These are currently the courts District Court of Siegburg and the Circuit Court Bonn.
In connection with the conclusion of the contract including the initiation of the same, with the processing and rescinding based on these GT&C’s the user will collect, save and process data. This is undertaken in the frame of the legal stipulations. The customer's personal details will not be passed on to third parties without the customer's explicit consent or if the company is under a legal obligation to make such a transfer.
If a third party is used as a service provider to handle the working processes, the provisions of the German Data Protection Law apply. The data provided by the customer during the ordering process will be processed exclusively for making contact during the contract execution. The data will not be used for any purpose other than the one for which the customer provided the information.
The information will be forwarded to the extent necessary to the shipping company that takes over the delivery of the goods and, insofar as necessary, the authorized banking institution commissioned with the processing of the payment.
Periods for the retention of commercial and tax information will be maintained. The storage of data can therefore amount to up to 10 years.
While visiting the Internet shop/store of the supplier, only data which does not allow any conclusions about personal data will be logged. That applies especially to the IP address, date, time, type of browser, operating system and pages visited. If desired by the customer, this data will be deleted, corrected or blocked in the frame of the legal stipulations. Free of charge information about all stored personal data of the customer is possible. For questions and applications regarding the deletion, correction and blocking of personal data and the collection, processing and use, the customer can contact the managing director of the user.
The ineffectiveness of one clause of these GT&C’s has no impact on the effectiveness of the other clauses. If a clause is ineffective, it will be replaced by the corresponding legal stipulations.