Legal information

Terms of use

1. General provisions

The following conditions of use are a constituent part of all services provided in association with the use of kermi.de, kermi.com and all subdomains owned by Kermi GmbH.
 Ancillary agreement, amendments and supplements must be made in writing to be effective. This also applies to waiving the requirement for written form. If there should be an ineffective clause in these conditions, all the others remain valid. The ineffective clause must be replaced by an effective clause which come closest to meeting the economic purpose of the respective wording.

2. Use

Any type of use of kermi.de, kermi.com and all subdomains owned by Kermi GmbH is at your own risk. The operator will not accept any liability for:

  • mistakenly linked webpages.
  • Damage incurred as a result of using information on the Kermi webpages.
  • non-functional links and consequences due to technical malfunctions.
  • the function of software incl. energy saving computer and their consequences which are accessed or used via kermi.de, kermi.com, incl. all associated domains.
  • for the calculation results of the software tools incl. energy saving computer and transfer of the results in practice.
  • business with third parties which was mediated through this Internet platform.
  • contacts and their consequences arising as a result of this Internet platform.
  • criminal actions, violations, or manipulations by third parties which are associated in any way with the Kermi webpages or which practice fraud either via or with the Internet platform.

3. Liability

Information and data on these pages do not constitute any assurance or guarantee, whether explicit or implicit. In particular, it does not constitute any implicit assurance or guarantee with regards to the condition, the merchantability, adequacy for a particular purpose or non-infringement of laws and patents. All data and figures on the web pages are only approximate. Only actual agreements are authoritative with contracts to be concluded (e.g. purchase and order).

On our Internet pages you will also find links to other pages on the Internet. We would like to draw your attention to the fact that we have no influence on the design and the content of the pages the links may take you to. We can therefore also not guarantee that the information made available there is up-to-date, correct, complete or for its quality. With this in mind, we hereby disassociate ourselves from all content on these pages. This declaration is applicable to all links to external pages and their content on our Internet pages.

4. Access authorisation

The user logs on to the Kermi partner area with their complete and correct information. The responsibility for protection (secrecy) of the passwords made available to the customer to access the Internet service provided is solely held by the customer. The user is not authorised to pass the access data (name and password) on to third parties outside of the registered company without written permission from Kermi. In the event of misuse. Kermi reserves the right to take legal action. The user undertakes to immediately change the password or to notify Kermi if they suspect that unauthorised third parties know the password.

5. Obligations of the user

The user is obliged to only use the online access appropriately. They will in particular not misuse access made available and will comply with the accepted data security principles for ensuring data protection. They will immediately notify Kermi about any misuse as soon as they are aware of it.
The user indemnifies Kermi from all disadvantages incurred as a result of the user's own contractual infringement or as a results of a claim by a third party. They will bear the end device costs and the telecommunications expenses.

6. Hyperlinks

With its judgement dated May 12, 1998 - 312 O 85/98 - "Liability for Links", the Regional Court Hamburg decided that if you provide a link, you take on co-responsibility for the content of the linked page. This can only be prevented by expressly distancing yourself from these contents. On the Kermi web pages, there are links to other pages on the Internet. For all links on this page and the following pages, Kermi GmbH has no influence over their design and the content of the linked pages. For this reason we expressly distance ourselves from all content on linked pages on our platform including all subpages. This declaration applies to all links on our homepage and for all content on the pages which links or banners lead to. Hyperlinks on third party pages which are published against the wishes of the page owner will be removed if requested.

7. Place of jurisdiction

The place of jurisdiction is our company headquarters, providing the customer is also a businessman within the meaning of the German Commercial Code, a legal entity under public law or separate funds under public law. The same applies if the customer does not have any other place of jurisdiction in Germany or has moved their domicile abroad after concluding the contract. We are entitled to also file a lawsuit against the customer in other authorised places of jurisdiction."

 "All claims and rights are subject to the non-standardised law of the Federal Republic of Germany. Application of the UN Sales Convention (CISG) as well as of the conflict of laws of the EGBGB (Introductory Law to the German Civil Code) is expressly excluded. The contract language is German."

Plattling, July 2007

Terms of use images

I. Scope

The following General Terms and Conditions (GTC) shall apply between Kermi GmbH and their specialist partners with the rights of use for works protected by copyright. These concern written works (catalogues, presentations, etc.), photographic works and cinematic works that depict and describe any products from the sanitary, heating, ventilation and air-conditioning technology division. Specialist partners shall be specialist retailers, specialist tradespeople, planners, architects, educational and training centres, affiliated companies and other persons involved in the marketing of Kermi GmbH products. These GTC shall also apply to depictions and content (product descriptions, data sheets, operating instructions, directories, sketches, technical drawings, electronic documents, etc.) that do not fall within the scope of commercial protective legislation. These provisions shall apply accordingly as appropriate.

II. Registration

Before using the files, the specialist partner must register on the Kermi website of their country providing their name, company, legal representative, if applicable, and address. Using the databases without registration shall represent an infringement of rights protected by law. Kermi GmbH reserves the right to pursue infringements of this nature in the civil and criminal courts.

III. Agreement to the GTC

The specialist partner shall still only be entitled to use the aforementioned works if it recognises these GTC to be binding. Use without agreement shall also represent an infringement of copyright. The specialist partner shall agree to the GTC by either selecting the button "I agree with the terms and conditions of use" to accept them or by signing this document.

IV. Intended use

Works shall exclusively be provided for the purpose of promoting Kermi products. This shall include customer and product acquisition. For this purpose, works may only be imported into the IT systems of the specialist partner and reproduced in digital form.

V. Subject matter of the granting of rights

Product data, written works, photographic works, cinematic works and photographs including the corresponding metadata in the event of digitisation shall be the subject matter of this agreement, even if they do not fall within the scope of commercial protective legislation. These provisions shall apply accordingly as appropriate. VI. Scope and rights of use

1. Kermi GmbH shall grant the specialist partner the non-exclusive right of use to the works provided and this right can be revoked.

 2. The works may not be modified in terms of content. The creation of photo and video montages is prohibited. This shall especially apply in the case of videos and photographs by Foto Composer.

3. A copyright mark must be applied to the works in accordance with X. of this Agreement.

4. Kermi GmbH shall accept no liability if the works are incorrect or out of date. The specialist partner must check that the works are up to date at least once a year.

5. The works may be used in the online shops of the specialist partners until withdrawal by Kermi GmbH. The specialist partner must also have express permission from Kermi GmbH to use the works on social networks (e.g. Facebook, Pinterest) and on third-party platforms (e.g. Amazon, eBay).

6. The specialist partner shall determine the scope of the works used (scope of product range, number of attributes used) at its own discretion.

7. In individual cases, Kermi GmbH shall be entitled to restrict or extend the scope of the rights granted. The specialist partner shall be informed of this on the website or before the download.

8. Rights of use may be transferred to other specialist partners (third parties) in the scope regulated above and for the aforementioned purposes in digital form provided that these third parties are subjected to the same obligations that apply to the specialist partner in accordance with this contract. Kermi GmbH may demand written proof of the obligation of the third party from the specialist partner without specifying reasons.

VII. Compensation for use

The rights of use shall be granted to the specialist partner free of charge. The specialist partner shall not be permitted to charge third parties as defined in VI.8 for the passing on of the works. VIII. Rights to the works provided Kermi GmbH shall ensure that it has the required legal position for the granting of rights of use.

IX. Duration

Kermi GmbH may terminate the rights of use of the specialist partner at any time without specifying reasons and revoke them with immediate effect by means of unilateral declaration. The specialist partner shall then have ten working days to completely remove the stored data of the works from its IT systems and return physical works (e.g. CD, DVD, catalogues) to Kermi GmbH or destroy them if given permission to do so.

X. Reference to copyright

1. The following reference must be applied to the works:
"© Copyright by Kermi GmbH, Pankofen-Bahnhof 1, 94447 Plattling, Germany. The written works, images, videos are protected by copyright. Any exploitation outside the narrow confines of the copyright law is illegal and liable to prosecution without the prior consent of the copyright holder. This particularly applies to reproductions, translations, and saving and processing in electronic systems. The same applies to publication on the Internet."

2. Naming of the copyright holder
If Kermi GmbH is obligated to name the copyright holder in individual works, the specialist partner shall also be obligated to do so in the same way. Kermi GmbH shall inform the specialist partner of this during the download process.

XI. Liability

If the specialist partner or a third parties breaches obligations or violates the provisions of this usage agreement, Kermi GmbH may demand compensation for any damages incurred, including defence and prosecution costs. This shall especially also apply to the event that third parties make claims against Kermi GmbH due to infringement of rights (e.g. rights of the licensor or persons depicted). If the specialist party uses the works provided in any way other than is stipulated in this agreement, Kermi GmbH may demand that it cease and desist this activity.

XII. Source of supply

The works shall be offered to the specialist partner in a digitised form by download via the Kermi websites.

XIII. Final provisions

1. Form Ancillary agreements, amendments or additions that deviate from these GTC must be made in writing. They must be identified as such. This shall also apply to the waiving of the requirement of written form.

2. Invalid provisions Should one of these provisions be invalid or not enforceable for whatever reason, this shall not affect the validity of the remaining provisions. In the place of the invalid or unenforceable provisions, an appropriate provision shall be made that comes as close as possible to the intentions of the parties to the extent permitted by law.

3. Place of fulfilment, applicable law and agreement of legal venue The place of fulfilment shall be Plattling, Germany. These GTC shall be governed exclusively by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The Munich Regional Court (Landgericht M√ľnchen) I shall have jurisdiction for all disputes resulting from or associated with contracts governed by these GTC.

 

Valid from: 01.05.2016

Data protection declaration

Copyright

Copyright Kermi GmbH. All rights reserved. All texts, images, graphics, sound, video and animation files as well as their arrangements and additional information published here are subject to copyright and other laws for protecting intellectual property. They may not be copied or changed or used on other Web sites for commercial purposes or to be circulated without our permission. Some Internet pages of Kermi also contain material which is subject to copyright of the parties who made it available.

We expressly reserve all industrial property rights (in particular copyright, trademarks and design rights). Reference advertising with our company is not permitted without prior permission in writing".

Liability

Information and data on these pages do not constitute any assurance or guarantee, whether explicit or implicit. In particular, it does not constitute any implicit assurance or guarantee with regards to the condition, the merchantability, adequacy for a particular purpose or non-infringement of laws and patents. All data and figures on the web pages are only approximate. Only actual agreements are authoritative with contracts to be concluded (e.g. purchase and order).

On our Internet pages you will also find links to other pages on the Internet. We would like to draw your attention to the fact that we have no influence on the design and the content of the pages the links may take you to. We can therefore also not guarantee that the information made available there is up-to-date, correct, complete or for its quality. With this in mind, we hereby disassociate ourselves from all content on these pages. This declaration is applicable to all links to external pages and their content on our Internet pages.

Information on products and prices

Changes to products and services may occur after the editorial deadline for individual pages. Constructional or shape changes, deviations in the shade of colour or changes to the scope of supply or performance by the manufacturer are reserved during the delivery period, providing the changes or deviations are considered reasonable for the customer, taking Kermi's interests into consideration. Images may include accessories, optional extras or other items which are not part of the standard scope of delivery or performance. Colour variations are of a technical nature. Individual pages can also include models and services which are not offered in individual countries. All data and figures of the products described are only approximate. Only actual agreements are authoritative with conclusion of a contract later on if applicable. Statements on statutory, legal and tax provisions and effects are only applicable in the Federal Republic of Germany.

General Terms and Conditions

Apart from our company being part of the Arbonia AG since July 2001, the new current legal position has led us to update our General Terms and Conditions.

Purchasing conditions

The following purchasing conditions apply for Kermi suppliers: