General terms and conditions

1. Scope

Our online shop is aimed exclusively at entrepreneurs. In our Online-Shop consumers can order.
An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
In addition to checking your entrepreneurial status as part of the ordering process, we are entitled to demand proof of your entrepreneurial status by presenting suitable and up-to-date documents, e.g. extract from the commercial register or business registration.
These General Terms and Conditions shall also apply to future business relations without us having to refer to them again. If the entrepreneur uses conflicting or supplementary General Terms and Conditions of Business, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.

2. Contract partner, conclusion of contract, correction possibilities

The purchase contract is concluded with warm-on GmbH.

By placing the products in the online shop we make a binding offer to conclude a contract for these articles. You can place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after sending the order you will receive another confirmation by e-mail.

3. Contract language, contract text storage

The language available for the conclusion of the contract is German.

We save the contract text and send you the order data and our terms and conditions in text form. For security reasons the contract text is no longer accessible via the Internet.

4. Terms of delivery

In addition to the indicated product prices there may be shipping costs. You will find more detailed information about possible shipping costs in the offers.

We only deliver by dispatch. Unfortunately it is not possible to collect the goods yourself.

We do not deliver to packing stations.

If the product you have ordered is not available from us because we are not supplied by our reliable supplier through no fault of our own despite having placed a congruent order, we will inform you of this immediately in the order confirmation. We shall thereby be released from our obligation to perform and may withdraw from the contract. If you have already made payments, we will reimburse you without delay.

Subject to our own supply, we will ensure fast delivery. If a part of the order is not immediately available because we are not supplied in time by our reliable supplier through no fault of our own despite having placed a congruent order, we will deliver the remaining goods subsequently without charging the shipping costs again, provided this is reasonable for you.

5. Payment

You agree to the transmission of all invoices by e-mail. This consent can be revoked at any time. In the event of a delay in payment, we reserve the right to charge you the statutory default interest of nine percentage points above the base interest rate as well as a flat rate of 40 euros. Further claims shall remain unaffected by this.
The following payment methods are available in our shop:
Prepayment, PayPal, PayPal Express, PayPal, credit card via PayPal, direct debit via PayPal, invoice via PayPal

You only have a right of set-off if your counterclaim is in a reciprocal relationship with our main claim, is not disputed by us or has been legally established.

You only have a right of retention if your counterclaim is based on the same contractual relationship.

6. Retention of title

We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the reserved goods with a new item - in the amount of the invoice amount and we accept this assignment. You shall remain entitled to collect the claims, however, we may also collect claims ourselves if you do not meet your payment obligations. If you combine or mix the reserved goods with other objects or process them, we shall acquire co-ownership of the new object in the ratio of the value of the reserved goods to the other processed objects at the time of combination or mixing or processing. If your item is to be regarded as the main item, you must transfer proportional co-ownership to us. We will release the securities to which we are entitled at your request to the extent that the value of the securities exceeds the claims to be secured by more than 10%.

7. Damage in transit

The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the obligation to examine and give notice of defects as regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to make the notification regulated there, the goods shall be deemed to have been approved, unless it is a defect that was not recognisable during the inspection. This shall not apply if we have fraudulently concealed a defect.

8. Warranties and guarantees

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
The sale of used goods takes place under exclusion of any warranty.
The following applies to the sale of newly manufactured goods: The limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected. Only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not be liable for public statements by the manufacturer or other advertising statements. If the delivered item is defective, we shall initially provide warranty at our discretion either by eliminating the defect (rectification of defects) or by delivering a defect-free item (replacement delivery). The above restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
• in case of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty and fraudulent intent
• in the event of breach of material contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
• as far as the scope of application of the product liability law is opened or
• as part of a guarantee commitment, if agreed.

9. Liability

For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation
• in case of injury to life, body or health
• for intentional or grossly negligent breach of duty
• in the case of promises of guarantee, if agreed, or
• as far as the area of application of the product liability law is opened.
In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise claims for damages are excluded.

10. Code of Conduct

We have subjected ourselves to the following codes of conduct:
- Trusted Shops

11. Final provisions

German law applies to the exclusion of the UN Sales Convention.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.


AGB created with the Trusted Shops Legal writer in cooperation with FÖHLISCH Lawyers.