General terms and conditions of business
General conditions of sale
scope
These terms and conditions apply to all purchases made by private customers from fothermo System AG [link to "Imprint" ] .
Private customers in this sense are people with a place of residence and a delivery address in the Federal Republic of Germany, insofar as the goods they have ordered cannot be attributed to their commercial or self-employed professional activity.
conclusion of contract
The presentation of our goods and the granting of the opportunity to place an order represents a specific offer on our part to conclude a sales contract. With your order, you accept the offer and the sales contract has come about. You will receive an order confirmation via e-mail to the e-mail address you provided .
prices and shipping costs
The awarded prices are final prices including sales tax. The amount that is shown at the time of the binding order applies . There are also shipping costs, which depend on the shipping method and the size and weight of the goods you have ordered. Over
You can find out more about the details under [Link to "Shipping costs"] . We will bear the regular costs of returning the goods that arise if you return the goods by exercising your right of cancellation [Link to "Right of cancellation"] . When exercising your right of withdrawal
we will also refund you the shipping cost.
payment
Payment is made upon delivery by
- Credit card
- Payment in advance
- PayPal
Payment is made upon delivery by
- Credit card
- Payment in advance
- PayPal
late payment
If you are in default of payment, fothermo System AG is entitled to charge default interest of 5
Percentage points above that known by the Deutsche Bundesbank for the time of the appointment
to demand the given base interest rate pa. If fothermo System AG a higher default damage
has demonstrably arisen, fothermo System AG is entitled to assert this.
right of retention
The customer is only authorized to exercise a right of retention to the extent that his
counterclaim is based on the same contractual relationship.
Delivery
(1) Delivery will be made to the delivery address specified by the customer within
- Germany
(2) Force majeure (natural disasters, war, civil war, terrorist attack) makes the delivery or
another performance permanently impossible is a performance obligation of fothermo System AG
excluded. Amounts already paid will be reimbursed immediately by fothermo System AG.
(3) fothermo System AG can also refuse performance if this involves an expense
requires compliance with the content of the purchase contract and the requirements of good faith
in a gross disproportion to the interest of the customer in the fulfillment of the purchase contract
stands. Amounts already paid will be reimbursed immediately by fothermo System AG.
Inexpensive shipping method for returns
(1) When returning the goods and accessories, please use the if possible
Original packaging, even if it is damaged through an opening for a functional test.
(2) To return the goods, please use the fully stamped one enclosed with the delivery of the goods
and addressed return label. It is the simplest and cheapest
shipping option. You have no obligation to use this return process. If
However, if you choose an unnecessarily expensive shipping method, you may be obliged to
to pay the increased costs compared to a cheaper shipping method to us.
retention of title
Until all claims against the customer from the
The delivered goods remain the property of fothermo System AG. As long as this one
Retention of title exists, the customer may neither resell nor dispose of the goods
feature; in particular, the customer may not contractually grant any use of the goods to third parties.
defect rights
(1) A product that is already defective upon delivery (warranty case) will be fothermo System AG
replace it with a defect-free one at the customer's option at fothermo System AG's expense or
professionally repaired (subsequent performance). The customer is advised that no
There is a warranty case if the product has the agreed quality at the time of the transfer of risk
had. A warranty case does not exist in the following cases in particular:
a) for damage caused by misuse or improper use by the customer
are,
Liability
Applicable Law
The contract concluded between you and fothermo System AG is exclusively subject to
Law of the Federal Republic of Germany with the express exclusion of the UN Sales Convention.
This does not affect the mandatory provisions of the state in which you have your usual
have a stay.
place of jurisdiction
If, contrary to the information you provided when ordering, you do not have a place of residence in the Federal Republic of Germany
Germany or move your place of residence abroad after the conclusion of the contract or your
place of jurisdiction for all disputes is not known at the time the action is filed
from and in connection with the contractual relationship [ registered office of the operator of the online shop ].
dispute resolution
(1) Delivery will be made to the delivery address specified by the customer within
- Germany
(2) Force majeure (natural disasters, war, civil war, terrorist attack) makes the delivery or
another performance permanently impossible is a performance obligation of fothermo System AG
excluded. Amounts already paid will be reimbursed immediately by fothermo System AG.
(3) fothermo System AG can also refuse performance if this involves an expense
requires compliance with the content of the purchase contract and the requirements of good faith
in a gross disproportion to the interest of the customer in the fulfillment of the purchase contract
stands. Amounts already paid will be reimbursed immediately by fothermo System AG.
(4) Bulky goods (packages with a volume greater than 1 square meter) are usually sent by a forwarding agent
delivered. fothermo System AG expressly points out that these goods should not be taken into the home
becomes.
delivered. fothermo System AG expressly points out that these goods should not be taken into the home
becomes.
Inexpensive shipping method for returns
(1) When returning the goods and accessories, please use the if possible
Original packaging, even if it is damaged through an opening for a functional test.
(2) To return the goods, please use the fully stamped one enclosed with the delivery of the goods
and addressed return label. It is the simplest and cheapest
shipping option. You have no obligation to use this return process. If
However, if you choose an unnecessarily expensive shipping method, you may be obliged to
to pay the increased costs compared to a cheaper shipping method to us.
retention of title
Until all claims against the customer from the
The delivered goods remain the property of fothermo System AG. As long as this one
Retention of title exists, the customer may neither resell nor dispose of the goods
feature; in particular, the customer may not contractually grant any use of the goods to third parties.
defect rights
(1) A product that is already defective upon delivery (warranty case) will be fothermo System AG
replace it with a defect-free one at the customer's option at fothermo System AG's expense or
professionally repaired (subsequent performance). The customer is advised that no
There is a warranty case if the product has the agreed quality at the time of the transfer of risk
had. A warranty case does not exist in the following cases in particular:
a) for damage caused by misuse or improper use by the customer
are,
b) in the event of damage caused by the products being harmful to the customer
have been exposed to external influences (particularly extreme temperatures,
moisture, exceptional physical or electrical stress,
voltage fluctuations, lightning, static electricity, fire).
(2) fothermo System AG also provides no guarantee for errors caused by improper
repairs were made by a service partner not authorized by the manufacturer.
(3) Requires the type requested by the customer supplementary performance (replacement delivery or repair)
an expense that, in view of the product price, taking into account the content of the contract and the
Good faith bids grossly disproportionate to the customer's performance interests
stands - whereby in particular the value of the object of purchase in a defect-free condition, the meaning
of the defect and the question of whether in the other way of subsequent performance without
significant disadvantages for the customer can be resorted to - the claim is limited
of the customer in the other way the supplementary performance. The right of fothermo System AG, too
this other kind to refuse supplementary performance under the aforementioned condition remains
untouched.
(4) Both in the case of repairs and in the case of replacement delivery, the customer is responsible
obliged to return the product at the expense of fothermo System AG, stating the order number
to the return address you provided. Before sending the customer from him
remove inserted objects from the product. fothermo System AG is not obliged to
to examine the product for the installation of such items. For the loss of such
fothermo System AG is not liable for items unless it was for
fothermo System AG immediately recognizable that such an object is inserted into the product
has been (in this case fothermo System AG will inform the customer and consider the item to be
ready for customers to collect; the customer bears the resulting costs). The customer has
also, before sending in a product for repair or replacement, separate if necessary
Back-up copies of the system software on the product, the applications and all
Create data on a separate disk and disable all passwords. One
Liability for data loss is not accepted. It is also the responsibility of the customer after he
repaired product or the replacement product has been returned, the software and data to
install and reactivate the passwords.
moisture, exceptional physical or electrical stress,
voltage fluctuations, lightning, static electricity, fire).
(2) fothermo System AG also provides no guarantee for errors caused by improper
repairs were made by a service partner not authorized by the manufacturer.
(3) Requires the type requested by the customer supplementary performance (replacement delivery or repair)
an expense that, in view of the product price, taking into account the content of the contract and the
Good faith bids grossly disproportionate to the customer's performance interests
stands - whereby in particular the value of the object of purchase in a defect-free condition, the meaning
of the defect and the question of whether in the other way of subsequent performance without
significant disadvantages for the customer can be resorted to - the claim is limited
of the customer in the other way the supplementary performance. The right of fothermo System AG, too
this other kind to refuse supplementary performance under the aforementioned condition remains
untouched.
(4) Both in the case of repairs and in the case of replacement delivery, the customer is responsible
obliged to return the product at the expense of fothermo System AG, stating the order number
to the return address you provided. Before sending the customer from him
remove inserted objects from the product. fothermo System AG is not obliged to
to examine the product for the installation of such items. For the loss of such
fothermo System AG is not liable for items unless it was for
fothermo System AG immediately recognizable that such an object is inserted into the product
has been (in this case fothermo System AG will inform the customer and consider the item to be
ready for customers to collect; the customer bears the resulting costs). The customer has
also, before sending in a product for repair or replacement, separate if necessary
Back-up copies of the system software on the product, the applications and all
Create data on a separate disk and disable all passwords. One
Liability for data loss is not accepted. It is also the responsibility of the customer after he
repaired product or the replacement product has been returned, the software and data to
install and reactivate the passwords.
(5) If the customer sends in the goods in order to get an exchange product, the
Return of the defective product according to the following proviso: If the customer returns the goods
between delivery and return in a defect-free condition, this has the value
to reimburse him for the benefits he has drawn. For one that has not occurred due to the defect
Destruction or further deterioration of the goods as well as for those not caused by the defect
impossibility of handing over the goods in the period between delivery of the goods and
The customer has to pay compensation for the return of the goods. The customer has no compensation for the value
deterioration of the goods caused by the intended use of the goods
afford. The obligation to compensate for the value does not apply to the return of a defective product
warranty case also,
a) if the defect that entitles you to withdraw only becomes apparent during processing or
transformation has shown
b) if fothermo System AG is responsible for the deterioration or the loss or the
damage would also have occurred at fothermo System AG,
c) if the deterioration or the loss has occurred at the customer, although this
has observed the diligence which he is accustomed to apply in his own affairs.
(6) The customer's liability for damages in the event of a breach of the
The obligation to return is based on the statutory provisions.
(7) The customer can choose to withdraw from the contract or reduce the purchase price if
the repair or replacement within a reasonable period of time
contractual condition of the product.
(8) In addition, claims against the manufacturer within the scope of one of this
granted guarantee exist, which are based on the corresponding guarantee conditions.
(9) fothermo System AG's statutory warranty ends two years after delivery of the goods.
The deadline starts once goods are received.
between delivery and return in a defect-free condition, this has the value
to reimburse him for the benefits he has drawn. For one that has not occurred due to the defect
Destruction or further deterioration of the goods as well as for those not caused by the defect
impossibility of handing over the goods in the period between delivery of the goods and
The customer has to pay compensation for the return of the goods. The customer has no compensation for the value
deterioration of the goods caused by the intended use of the goods
afford. The obligation to compensate for the value does not apply to the return of a defective product
warranty case also,
a) if the defect that entitles you to withdraw only becomes apparent during processing or
transformation has shown
b) if fothermo System AG is responsible for the deterioration or the loss or the
damage would also have occurred at fothermo System AG,
c) if the deterioration or the loss has occurred at the customer, although this
has observed the diligence which he is accustomed to apply in his own affairs.
(6) The customer's liability for damages in the event of a breach of the
The obligation to return is based on the statutory provisions.
(7) The customer can choose to withdraw from the contract or reduce the purchase price if
the repair or replacement within a reasonable period of time
contractual condition of the product.
(8) In addition, claims against the manufacturer within the scope of one of this
granted guarantee exist, which are based on the corresponding guarantee conditions.
(9) fothermo System AG's statutory warranty ends two years after delivery of the goods.
The deadline starts once goods are received.
Liability
(1) In the case of slight negligence, fothermo System AG is only liable in the event of a breach of material contractual obligations
obligations and limited to the foreseeable damage. This restriction does not apply to the
Injury to life, body and health. For other slightly negligent due to a defect in the
fothermo System AG is not liable for damage caused by the object of purchase.
(2) Regardless of whether fothermo System AG is at fault, fothermo remains liable
System AG in the event of fraudulent concealment of the defect or from the assumption of a guarantee
untouched. The manufacturer's warranty is a guarantee from the manufacturer and does not constitute an assumption of a
guarantee by fothermo System AG.
(3) fothermo System AG is also responsible for any accidental damage occurring during their delay
Impossibility of delivery responsible, unless the damage occurs even with timely
delivery would have occurred.
(4) The personal liability of legal representatives, vicarious agents and
employees of fothermo System AG for slight negligence caused by them
damage.
Injury to life, body and health. For other slightly negligent due to a defect in the
fothermo System AG is not liable for damage caused by the object of purchase.
(2) Regardless of whether fothermo System AG is at fault, fothermo remains liable
System AG in the event of fraudulent concealment of the defect or from the assumption of a guarantee
untouched. The manufacturer's warranty is a guarantee from the manufacturer and does not constitute an assumption of a
guarantee by fothermo System AG.
(3) fothermo System AG is also responsible for any accidental damage occurring during their delay
Impossibility of delivery responsible, unless the damage occurs even with timely
delivery would have occurred.
(4) The personal liability of legal representatives, vicarious agents and
employees of fothermo System AG for slight negligence caused by them
damage.
Applicable Law
The contract concluded between you and fothermo System AG is exclusively subject to
Law of the Federal Republic of Germany with the express exclusion of the UN Sales Convention.
This does not affect the mandatory provisions of the state in which you have your usual
have a stay.
place of jurisdiction
If, contrary to the information you provided when ordering, you do not have a place of residence in the Federal Republic of Germany
Germany or move your place of residence abroad after the conclusion of the contract or your
place of jurisdiction for all disputes is not known at the time the action is filed
from and in connection with the contractual relationship [ registered office of the operator of the online shop ].
dispute resolution
General information requirements for alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and §
36 VSBG (Consumer Dispute Settlement Act):
The European Commission provides a platform for online dispute resolution (OS).
can be found at this address: http://ec.europa.eu/consumers/odr/ . To participate in one
We are not obligated to dispute settlement procedures before a consumer arbitration board, nor are we
not ready.
Final Provisions
(1) Should individual provisions of this contract be wholly or partially invalid or void
or become, the validity of the contract is otherwise not affected, insofar as a
contractual partner is not unreasonably disadvantaged as a result.
(2) Changes or additions to this contract must be made in writing.
The European Commission provides a platform for online dispute resolution (OS).
can be found at this address: http://ec.europa.eu/consumers/odr/ . To participate in one
We are not obligated to dispute settlement procedures before a consumer arbitration board, nor are we
not ready.
Final Provisions
(1) Should individual provisions of this contract be wholly or partially invalid or void
or become, the validity of the contract is otherwise not affected, insofar as a
contractual partner is not unreasonably disadvantaged as a result.
(2) Changes or additions to this contract must be made in writing.