Terms and Conditions of Use
Terms and Conditions of Use
1. General provisions
The following Terms and Conditions of Use are a constituent part of all services provided in association with the use of kermi-design.com and all subdomains owned by Kermi Duschdesign 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 clause in question.
2. Use
Any type of use of kermi.de, kermi-design.com and all sub-domains owned by Kermi Duschdesign GmbH is at your own risk. The operator will not accept any liability for:
- Mistakenly linked web pages.
- Damage incurred as a result of using information on the Kermi Duschdesign web pages.
- Non-functional links and consequences due to technical malfunctions.
- The function of software incl. energy savings calculators and their consequences which are accessed or used via kermi.de, kermi-design.com, incl. all associated domains.
- The calculation results of software tools incl. energy savings calculators and transfer of the results in practice.
- Business with third parties which was mediated through this Internet platform.
- Instances of contact 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 Duschdesign web pages 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 for 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 guarantee 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 Duschdesign 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 Duschdesign. In the event of misuse, Kermi Duschdesign reserves the right to take legal action. The user undertakes to immediately change the password or notify Kermi Duschdesign 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 Duschdesign about any misuse as soon as they are aware of it.
The user indemnifies Kermi Duschdesign from all disadvantages incurred as a result of the user’s own contractual infringement or as a result of a claim by a third party. They will bear the end device costs and telecommunications expenses.
6. Hyperlinks
With its ruling dated 12 May 1998 – 312 O 85/98 – “Liability for Links”, the Regional Court of Hamburg decided that if you provide a link, you take on co-responsibility for the content of the linked page. This can only be avoided if the party in question expressly dissociates themselves from said contents.
The Kermi Duschdesign web pages contain links to other pages on the Internet. Kermi Duschdesign GmbH has no influence over the design and content of any pages linked on this page and the following pages. For this reason, we expressly dissociate ourselves from all contents of all linked pages throughout our platform, including all sub pages. This declaration applies to all links on our homepage and all contents of pages accessed via said links or banners. Hyperlinks to third party sites, which have been published against the wishes of the site owner, will be removed upon request.
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 Convention on Contracts for the International Sale of Goods (CISG) and the conflict law of the EGBGB (Introductory Law to the German Civil Code) is expressly excluded. The contract language is German.”
Plattling, Sept 2024
General Terms and Conditions of Use and Licensing
for the provision and use of works protected by copyright
Preamble
The following General Terms and Conditions of Use and Licensing shall apply between Kermi Duschdesign GmbH and their specialist partners with whom Kermi Duschdesign concludes a contract of use and to whom Kermi Duschdesign makes available rights of use for works protected by copyright via Kermi Duschdesign websites or industry portals
(e.g. www.building-masterdata.com). 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.
I. Field of application
Specialist partners are specialist retailers, specialist tradespeople, planners, architects, educational and training centres, affiliated companies, and other persons involved in marketing Kermi Duschdesign GmbH products. These Terms and Conditions of Use shall also apply to depictions and content (product descriptions, data sheets, operating instructions, directories, sketches, technical drawings, electronic documents, etc.) or electronic platforms (online applications, software tools, social media) that are not covered by industrial property rights. These provisions shall apply accordingly as appropriate.
II. Registration
Before using the files on the Kermi Duschdesign website or an industry portal, the specialist partner accept the Terms and Conditions of Use and Licensing. Kermi Duschdesign GmbH reserves the right to pursue infringements of this nature in the civil and criminal courts.
III. Agreement to the T&Cs
Furthermore, the specialist partner shall only be entitled to use the aforementioned works if they acknowledge that these T&Cs are binding. Their agreement is given either by signing this document or by acknowledging these conditions on the Kermi Duschdesign website or the industry portal. Any use is only permitted on the basis of this agreement as it would otherwise represent a copyright infringement.
IV. Intended use
Works shall exclusively be provided for the purpose of promoting Kermi Duschdesign products. This shall include customer and product acquisition. For this purpose, works may be imported and copied in digital form into the specialist partner’s IT systems and may be used as a digital version or a print version.
V. Subject matter of the granting of rights
Product data, written works, photographic works, cinematic works, and photographs available on Kermi Duschdesign websites or industry portals, including the corresponding metadata in the event of digitisation, are the subject matter of this agreement, even if they are not covered by industrial property rights. These provisions shall apply accordingly as appropriate.
VI. Scope and rights of use
1. Kermi Duschdesign 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 edited or 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 Duschdesign 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 specialist partner’s data portals or online shops or on its social media profiles until withdrawn by Kermi Duschdesign GmbH. The specialist partner shall determine the scope of the works used (scope of product range, number of attributes used)
at its own discretion.
6. In individual cases, Kermi Duschdesign 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.
7. The specialist partner can grant other specialist partners (third parties) the right of use to the extent regulated above and for the aforementioned purposes, provided that these third parties are subjected to the same obligations that apply to the specialist partner in accordance with this contract. Kermi Duschdesign 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 by Kermi Duschdesign GmbH 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 Duschdesign GmbH shall ensure that it has the required legal position for the granting of rights of use.
IX. Duration
With a unilateral declaration in writing, Kermi Duschdesign GmbH may terminate the user license at any time without specifying reasons and can revoke it with immediate effect. The specialist partner shall then have ten working days to completely remove the stored data of the works from their IT systems and return physical works (e.g. (e.g. CDs, DVDs, catalogues) to Kermi Duschdesign GmbH or destroy them if this is agreed.
X. Reference to copyright
1. The specialist partner undertakes to apply the following note to the works: “© Copyright by Kermi Duschdesign GmbH“. The written works, images, videos are protected by copyright. Any exploitation outside the narrow confines of 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 Duschdesign 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 Duschdesign GmbH shall inform the specialist partner of this during the download process.
XI. Liability
If the specialist partner breaches obligations or violates the provisions of this usage agreement, Kermi Duschdesign 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 Duschdesign 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 Duschdesign GmbH may demand that it cease and desist this activity. The specialist partner is also liable for legal infringements by third parties (for example portal operators or social media platforms).
XII. Sources
The works shall be offered to the specialist partner in a digitised form by download via Kermi Duschdesign websites or the industry portal / online shop.
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 a provision in this agreement be invalid or unfeasible, then all other provisions remain unaffected by this. 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. Applicable law and agreement on jurisdiction
The law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods. Munich Regional Court I (Landgericht München I) shall have jurisdiction for all disputes resulting from or associated with contracts governed by these Terms and Conditions of Use.
Valid from: 1 Sept 2024