Terms and conditions

General Terms and Conditions of Thermoline Home Consulting S.L. (hereinafter: Provider).

§1 Scope and general information

(1) These general terms and conditions apply in their respective version at the time of ordering to all orders you place with Thermoline Home Consulting S.L.. We sell and deliver only under the following conditions. Any terms and conditions of purchase of the Buyer that are in conflict with these Terms and Conditions shall not be binding on us, even if they form the basis of the order and we do not expressly object to their content.

§2 Conclusion of contract, quality

(1) The offer is made by the customer by ordering the goods. Confirmation of receipt of the order does not constitute acceptance of the contractual offer and merely serves to inform the customer that the order has been received by the supplier. The contract is only concluded when the provider issues a written declaration of acceptance after the customer has placed the order.

(2) The images of the products (infrared heating foil, heating panels and their accessories) in all forms of media (e.g. on the website, in the catalog, etc.) do not reflect the exact nature of the ordered goods, but serve only as visual material and may differ in appearance for technical reasons. The condition of the ordered goods results from the product description.

§3 Offer, prices, packaging, shipping

(1) Offers, information on delivery times and price quotations are subject to change or non-binding.

(2) Offer documents, drafts, cost estimates, etc. are the property of the user; they may not be reproduced or made directly or indirectly accessible to third parties without the consent of the supplier.

(3) All prices are ex works and plus statutory value added tax.

(4) Insofar as, for reasons for which the supplier is not responsible, a change in the

material design costs occur, the supplier reserves the right to adjust the prices accordingly.

adjust the prices accordingly. They become binding only through our written order confirmation which is tacitly accepted by you upon receipt.

(5) The goods delivered by us shall be properly packaged according to their nature. A return of the transport packaging by us is excluded in any case.

(6) The goods are to be collected from the supplier. A delivery or delivery to a shipping company takes place only at the instigation of the buyer and at his expense. The delivery will then take place immediately after receipt of money.

(7) The goods are usually available for collection or delivery immediately after the conclusion of the contract. If sufficient quantities of the goods are not available when ordering larger quantities, the delivery periods of the manufacturer shall apply. In this case, the supplier is not responsible for delays and unforeseeable delivery difficulties and is not liable for all costs incurred by the buyer.

§4 Orders

(1) Orders based on plans and sketches must contain the exact number of pieces and size of the desired components, as we cannot assume any liability for correct manufacture and delivery without this information.

(2) We do not assume any liability for rough or approximate mass determinations by our employees based on the plans provided to us.

(3) As a rule, the goods are available for collection or delivery immediately after the conclusion of the contract. If sufficient quantities of the goods are not available when ordering larger quantities, the delivery periods of the manufacturer shall apply. In this case, the supplier is not responsible for delays and unforeseeable delivery problems and is not liable for any costs incurred by the buyer.

(4) If the ordered goods have still not been picked up after 4 weeks, despite notification of pickup or completion, we will charge storage costs. These are based on the usual interest rate.

(5) In the event of order cancellation, we shall charge a flat rate of 10% of the order value for the costs incurred by us in addition to the order value.

§5 Notice of defects and warranty

(1) Our goods are thoroughly checked before they are shipped. Should there nevertheless be a defect, the usual deadlines for the notification of transport damage must be observed. Furthermore, complaints will only be accepted in writing, within 8 days after receipt of the goods and before further processing by third parties. As a rule, after inspection of the goods by us and acknowledgement of the complaint, a replacement will be delivered or the goods will be repaired. New deadlines will be set by us for this purpose. In principle, we reserve the right to rectify defects. No warranty claims can be derived from information in catalogs, brochures, advertising literature and written or verbal statements that have not been included in the contract.

(2) If the points of complaint are disputed, an expert shall be commissioned to provide an expert opinion. If the expert determines that the defects are attributable to a service supplied by us, the supplier shall bear the costs of the expert opinion. However, if the expert determines that no defects can be traced back to the delivered goods, the customer shall bear the costs of the expert. In the event of proportional fault on the part of the delivery company, the latter shall bear the costs in the same proportion.

(3) Open transport damage shall only be recognized if the extent of the damage is noted in writing on the shipping documents upon delivery in the presence of the carrier.

(4) In the event of concealed transport damage, the usual deadlines must be observed and documented accordingly. Later damage is no longer verifiable or traceable for us and will therefore not be accepted.

(5) In the case of third-party products (merchandise), our liability shall be limited to assignment of the claims to which we are entitled against their supplier, insofar as obvious defects should not have been recognized by us.

(6) In the event of acceptance of minimum grades (II. choice) or remnants, a complaint cannot be accepted as a matter of principle.

(7) All ancillary costs incurred in connection with the rectification of defects (e.g. for installation and removal, transport, disposal, travel and travel time) shall be borne by the Buyer. For warranty work at the Buyer's premises, the necessary auxiliary personnel, lifting equipment, scaffolding and small materials etc. shall be provided free of charge. Replaced parts shall become the property of the Seller.

(8) A warranty shall only exist for the goods delivered by the Vendor if this was expressly stated in the order confirmation for the respective item.

(9) The right to complain about defects shall expire if the goods have been tampered with by the customer himself or by a third party.

(10) Warranty claims can only be made for delivered products after further processing if they have been professionally installed and the test report signed by a professional installer is available. If this test report, signed by a professional installer, is available, as well as the recommended structure (underfloor heating: reflection, insulation/impact sound, heating foil), a ten-year warranty on the functionality of the product is granted. In case of deviating or other constructions, which include products of Thermoline Home Consulting S.L. as a component, e.g. only a heating foil, a two-year warranty on the functionality of the respective product of Thermoline Home Consulting S.L. is given.

§6 Transfer of risk

(1) The risk of accidental deterioration or accidental loss of the goods shall pass to the customer upon handover of the goods upon collection. If the goods are shipped at the customer's request, this risk shall pass to the customer upon dispatch, at the latest when the goods leave the premises. This applies regardless of whether the goods are shipped from the place of performance or who bears the freight costs.

§7 Payment

(1) Unless otherwise agreed in the order confirmation, the invoice shall be payable without any deduction no later than 14 days after the invoice date.

(2) If the payment deadline is exceeded (regardless of which one has been agreed), the Customer shall be in default - without the need for a special reminder. From the time of default, interest on arrears in the amount of 5% above the prime rate shall be charged.

(3) If the Buyer is in default for invoices that have expired and if judicial collection becomes necessary, the items that have not yet expired shall also be deemed due for payment and shall be enforceable.

(4) If it becomes apparent after conclusion of the contract that the Buyer's credit circumstances are not suitable for the granting of credit, we shall be entitled, at our discretion, to demand advance payment or the provision of security in respect of claims due under all existing contracts and to refuse performance until advance payment or the provision of security. If this demand is not met within a period set by us, we may, at our discretion, withdraw from the contract or claim damages for non-performance.

§8 Retention of title

(1) All delivered and invoiced goods and services shall remain the property of Thermoline Home Consulting S.L. until full payment has been made. The extended retention of title shall apply to all deliveries.

(2) Prior to the transfer of ownership of the goods subject to retention of title, any assignment or pledge of the claims or rights to which the Supplier is entitled shall be excluded without the consent of the Supplier, unless the Customer proves a legitimate interest in the assignment or pledge.

§9 Liability

(1) Claims for damages by the customer are excluded, unless otherwise specified below. The exclusion of liability shall also apply in favor of the legal representatives and vicarious agents of the Provider if the Customer asserts claims against them.

(2) Excluded from the exclusion of liability stipulated in section 1 are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.

(3) In the event of a breach of material contractual obligations within the meaning of paragraph 2, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages arise from injury to life, body or health.

(4) Material contractual obligations within the meaning of paragraph 2 are those whose fulfillment is necessary to achieve the objective of the contract and on whose fulfillment the customer may regularly rely.

(5) The provisions of the Product Liability Act shall remain unaffected.

§10 Customer's own duties of care

(1) The customer shall install and operate the goods in accordance with the safety regulations. All electrical installations must be carried out by an electrical installer.

(2) Each installation must be tested and accepted by a professional installer. The respective values are to be recorded in a test protocol and are only valid with the signature of the testing specialist installer. Without this test protocol signed by a specialist installer, the customer cannot make any warranty claims, notices of defects or warranty claims.

§11 Right of withdrawal of the consumer

(1) If the customer is a consumer within the meaning of the law and he has concluded a contract with the provider using

exclusively by means of distance communication, in particular by telephone, e-mail, fax, or via the website of the provider, he has the right of withdrawal described below:

Cancellation policy

You can cancel your contract within 14 days without giving reasons in writing (eg letter, fax, e-mail) or - if the goods before the deadline - by returning the goods. The period begins after receipt of this instruction in writing, but not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our information obligations. The timely dispatch of the revocation or the goods shall be sufficient to comply with the revocation period. The revocation is to be sent to:

Thermoline Home Consulting S.L.

Calle paris 157

03177 San Fulgencio/ Alicante

E-Mail: office@thermoline-home.com

Consequences of revocation

In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return the goods received in full or in part, or only in a deteriorated condition, you must compensate us for the loss of value. You only have to pay compensation for the deterioration of the item and for any use made of it if the use or deterioration is due to handling of the item that goes beyond testing its properties and functionality. Testing of the properties and functionality" is understood to mean testing and trying out the respective goods, as is possible and customary, for example, in a retail store. Goods that can be sent by parcel are to be returned at our risk. You have to bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or if, in case of a higher price of the goods, you have not yet rendered the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return shipment is free of charge for you. Items that cannot be sent by parcel post will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation or the goods, for us with their receipt.

• End of the cancellation policy -

(2) The right of revocation does not apply to distance contracts for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs or are not suitable for return due to their nature or can spoil quickly or whose expiration date would be exceeded, for the delivery of audio or video recordings or software, provided that the delivered data carriers have been unsealed by you or for the delivery of newspapers. magazines and periodicals.

(3) The customer shall bear the costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 100 euros or if, in the case of a higher price of the goods, the customer has not yet provided the consideration or a contractually agreed partial payment at the time of the revocation.

§12 Notes on data processing

(1) The supplier is entitled to store personal data of the customer with automated

data processing, to process it and to transmit it to companies associated with him, insofar as this is necessary for the fulfillment and processing of the order. In all other respects, the statutory provisions on data protection shall apply.

§13 Place of performance and jurisdiction

(1) The place of performance for deliveries and payments for both parties shall be the place of the supplier.

(2) The place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship as well as for the judicial dunning procedure is the competent court of the provider.

(3) Contracts between the provider and the customer are governed by the laws of the Federal Republic of Germany.

Germany shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

§14 Written form

(1) Subsidiary agreements, amendments or additions to the contract must be made in writing. This shall also apply to any amendment or cancellation of this agreement.

§15 Final provisions

(1) The law of the Federal Republic of Germany shall be exclusively agreed for us, also vis-à-vis foreign purchasers.

(2) The acceptance of the order confirmation or invoice without objection confirms to us its correctness and the recognition of the above conditions.

§16 Severability clause

(1) Should individual parts of the above provisions be invalid or incomplete, this shall not affect the validity of the remaining provisions.