Calle Paris 157
03177 San Fulgencio / Alicante / Spanien
Phone: +49 (0)160 7060 601
Mobile phone: +49 (0)160 7060 601
Tax number: ES B09939166
Business owner: Arno Kupec
Zweigstelle Hofheim
KP International Immobilien Hofheim
Langgasse 1
65719 Hofheim am Taunus
Germany
+49(160)7060601
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.
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Through the information stored and returned in the cookie, the respective website recognizes that the user has already accessed and visited it with the browser of his end device. We use this information in order to be able to optimally display the website to the user according to his interests.
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Contents of the online offer
The author accepts no responsibility for the topicality, correctness, completeness or quality of the information provided. Liability claims against the author relating to material or non-material damage caused by the use or non-use of the information provided or by the use of incorrect or incomplete information are excluded as a matter of principle, insofar as there is no demonstrable intentional or grossly negligent fault on the part of the author.
All offers are subject to change and non-binding. The author expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without separate announcement or to discontinue publication temporarily or permanently.
References and links
In the case of direct or indirect references to external websites ("hyperlinks") that lie outside the author's area of responsibility, a liability obligation would only come into force if the author had knowledge of the content and it would be technically possible and reasonable for him to prevent use in the case of illegal content.
The author hereby expressly declares that at the time the links were created, no illegal content was discernible on the linked pages. The author has no influence on the current and future design, content or authorship of the linked pages. For this reason, he hereby expressly distances himself from all contents of all linked pages that were changed after the link was created. This statement applies to all links and references set within the author's own Internet offer as well as to external entries in guest books, discussion forums, link directories, mailing lists and all other forms of databases set up by the author to which external write access is possible. Liability for illegal, incorrect or incomplete content and in particular for damage arising from the use or non-use of such information lies solely with the provider of the page to which reference is made, and not with the person who merely refers to the respective publication via links.
Copyright and trademark law
The author endeavours to observe the copyrights of the images, graphics, sound documents, video sequences and texts used in all publications, to use images, graphics, sound documents, video sequences and texts created by himself or to use licence-free graphics, sound documents, video sequences and texts.
All brand names and trademarks mentioned on the website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. The mere mention of a trademark does not imply that it is not protected by the rights of third parties!
The copyright for published objects created by the author himself remains solely with the author of the pages. Any duplication or use of objects such as diagrams, sounds or texts in other electronic or printed publications is not permitted without the author's agreement.
Datenschutz
If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily. The use and payment of all offered services are permitted - if and so far technically possible and reasonable - without specification of any personal data or under specification of anonymised data or an alias. The use of published postal addresses, telephone or fax numbers and email addresses for marketing purposes is prohibited, offenders sending unwanted spam messages will be punished. We expressly reserve the right to take legal action against the senders of so-called spam mails in the event of violations of this prohibition.
Registration on our website
When registering to use our personalised services, some personal data is collected, such as name, address, contact and communication data such as telephone number and e-mail address. If you are registered with us, you can access content and services that we only offer to registered users. Registered users also have the option of changing or deleting the data provided during registration at any time, if necessary. Of course, we will also provide you with information about the personal data we have stored about you at any time. We will also be happy to correct or delete this data at your request, provided there are no legal obligations to retain data. To contact us in this context, please use the contact details provided at the end of this data protection declaration.
Provision of chargeable services
For the provision of chargeable services, we request additional data, such as payment details. To protect the security of your data during transmission, we use state-of-the-art encryption procedures (e.g. SSL) via HTTPS.
Newsletter
When registering to receive our newsletter, the data you provide will be used exclusively for this purpose. Subscribers may also be informed by e-mail about circumstances relevant to the service or registration (for example, changes to the newsletter offer or technical circumstances). For an effective registration, we require a valid e-mail address. In order to verify that a registration is actually made by the owner of an e-mail address, we use the "double-opt-in" procedure. For this purpose, we log the order for the newsletter, the sending of a confirmation e-mail and the receipt of the response requested herewith. No further data is collected. The data is used exclusively for sending the newsletter and is not passed on to third parties. You can revoke your consent to the storage of your personal data and its use for newsletter dispatch at any time. There is a corresponding link in every newsletter. You can also unsubscribe at any time directly on this website or inform us of your wish to do so using the contact options provided at the end of this document.
Contact form
If you contact us by e-mail or contact form, the information you provide will be stored for the purpose of processing the enquiry and for possible follow-up questions.
Deletion or blocking of data
We adhere to the principles of data avoidance and data economy. We therefore only store your personal data for as long as is necessary to achieve the purposes stated here or as stipulated by the various storage periods provided for by law. After the respective purpose has ceased to exist or these periods have expired, the corresponding data is routinely blocked or deleted in accordance with the statutory provisions.
Use of Google Analytics
This website uses Google Analytics, a web analytics service provided by Google, Inc (hereafter: Google). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. However, due to the activation of IP anonymisation on these websites, your IP address will be truncated beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.
You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. In addition, you can prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) by Google, as well as the processing of this data by Google, by downloading and installing the browser plug-in available under the following link: Browser add-on to deactivate Google Analytics.
In addition or as an alternative to the browser add-on, you can prevent tracking by Google Analytics on our pages by clicking on this link . This will install an opt-out cookie on your device. This will prevent the collection by Google Analytics for this website and for this browser in the future, as long as the cookie remains installed in your browser.
Use of script libraries (Google Web Fonts)
In order to display our content correctly and graphically appealing across browsers, we use script libraries and font libraries such as Google Webfonts (https://www.google.com/webfonts/) on this website. Google Webfonts are transferred to your browser's cache to avoid multiple loading. If the browser does not support Google Web Fonts or prevents access, content is displayed in a standard font.
Calling up script libraries or font libraries automatically triggers a connection to the operator of the library. It is theoretically possible - although it is currently unclear whether and, if so, for what purposes - that the operators of such libraries collect data.
The privacy policy of the library operator Google can be found here: https://www.google.com/policies/privacy/
Use of Google Maps
This website uses Google Maps API to visually display geographical information. When using Google Maps, Google also collects, processes and uses data about visitors' use of the map functions. You can find more information about data processing by Google in the Google privacy policy. There you can also change your personal privacy settings in the Privacy Centre.
Detailed instructions on managing your own data in connection with Google products can be found here.
Embedded YouTube videos
We embed YouTube videos on some of our websites. The operator of the corresponding plugins is YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA. When you visit a page with the YouTube plugin, a connection to YouTube servers is established. This tells Youtube which pages you are visiting. If you are logged into your YouTube account, YouTube can assign your surfing behaviour to you personally. You can prevent this by logging out of your Youtube account first.
If a Youtube video is started, the provider uses cookies that collect information about user behaviour.
If you have deactivated the saving of cookies for the Google Ad programme, you will not have to expect any such cookies when watching Youtube videos. However, Youtube also stores non-personal usage information in other cookies. If you wish to prevent this, you must block the storage of cookies in your browser.
Further information on data protection at "Youtube" can be found in the provider's data protection statement at: https://www.google.de/intl/de/policies/privacy/
Social Plugins
Social plugins from the providers listed below are used on our websites. You can recognise the plugins by the fact that they are marked with the corresponding logo. Information, which may also include personal data, may be sent to the service provider via these plugins and may be used by the service provider. We prevent the unconscious and unintentional collection and transmission of data to the service provider by using a 2-click solution. To activate a desired social plugin, it must first be activated by clicking on the corresponding button. Only this activation of the plugin also triggers the collection of information and its transmission to the service provider. We ourselves do not collect any personal data by means of the social plugins or about their use. We have no influence on what data an activated plugin collects and how it is used by the provider. At present, it must be assumed that a direct connection to the provider's services is established and that at least the IP address and device-related information is collected and used. There is also the possibility that the service providers try to save cookies on the computer used. Please refer to the data protection information of the respective service provider to find out which specific data is collected and how it is used. Note: If you are logged into Facebook at the same time, Facebook can identify you as a visitor to a particular page.
We have integrated the social media buttons of the following companies on our website:
- Facebook Inc (1601 S. California Ave - Palo Alto - CA 94304 - USA).
- Twitter Inc. (795 Folsom St. - Suite 600 - San Francisco - CA 94107 - USA)
- Google Plus/Google Inc. (1600 Amphitheatre Parkway - Mountain View - CA 94043 - USA)
- Whatsapp
- XING AG (Gänsemarkt 43 - 20354 Hamburg - Germany)
Your rights to information, correction, blocking, deletion and objection
You have the right to obtain information about your personal data stored by us at any time. You also have the right to have your personal data corrected, blocked or, apart from the mandatory data storage for business processing, deleted. Please contact our data protection officer for this purpose. You will find the contact details at the bottom of this page. To ensure that a blocking of data can be taken into account at any time, this data must be kept in a blocking file for control purposes. You can also request the deletion of data, unless there is a legal archiving obligation. If such an obligation exists, we will block your data upon request. You can make changes or revoke consent by notifying us accordingly with effect for the future.
Collection of general information
When you access our website, information of a general nature is automatically collected. This information (server log files) includes the type of web browser, the operating system used, the domain name of your internet service provider and similar. This is exclusively information that does not allow any conclusions to be drawn about your person. This information is technically necessary in order to correctly deliver the contents of web pages requested by you and is compulsory when using the Internet. Anonymous information of this kind is statistically evaluated by us in order to optimise our website and the technology behind it.
Legal validity of this disclaimer
This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.
Change to our privacy policy
We reserve the right to amend this data protection declaration from time to time so that it always complies with the current legal requirements or in order to implement changes to our services in the data protection declaration, e.g. when introducing new services. The new data protection declaration will then apply to your next visit.
The data protection declaration was created with the data protection declaration generator of activeMind AG.
Right of Cancellation
You have the right to cancel this contract within 14 days without giving a reason.
The period of cancellation is 14 days from the day the contract is signed.
In order to exercise your right to cancel, you must provide us with a clear statement (e.g. a letter send by post, fax or email) about your decision to cancel this contract.
The cancellation should be addressed to:
THERMOLINE HOME CONSULTING S.L.
Calle Paris 157
03177 San Fulgencio / Alicante / Spanien
Phone: +49 (0)160 7060 601
Mobile phone: +49 (0)160 7060 601
E-mail: office@thermoline-home.com
You may, but do not have to, use the enclosed sample cancellation form.
To ensure the cancellation period is upheld, it is sufficient to inform us of your decision to exercise the right of cancellation before the cancellation period has elapsed.
Results of cancellation
If you cancel this contract, we are obliged to reimburse all payments that we have received from you, including delivery costs (excluding additional costs which arose from your selection of a delivery method other than the one we offered as the cheapest standard delivery option) immediately, and within a maximum of 14 days after we receive notice of your decision to cancel this contract. We will use the same payment method for reimbursement that you employed for the original transaction, unless we have expressly agreed upon another method; under no circumstances will any charges arise from this reimbursement.
If you requested for the service to start within the cancellation period, you are obliged to pay us an appropriate sum, which corresponds to the proportion of the services already provided up to the point at which you inform us of the decision to exercise the right to cancel with regard to this contract, in comparison with the overall scope of the services agreed upon in the contract.