Terms of use
Terms of Use
1. General
The following Terms of Use form an integral part of all services relating to the use of kermi-duschdesign.com and all subdomains owned by Kermi Duschdesign GmbH.
Any ancillary agreements, amendments or additions must be in writing to be valid. This also applies to any waiver of the requirement for written form. Should any provision in these terms and conditions be invalid, all remaining provisions shall remain valid. The invalid provision shall be replaced by a valid one that most closely approximates the economic purpose of the relevant wording.
2. Use
Any use of kermi-duschdesign.com and all subdomains owned by Kermi Duschdesign GmbH is at your own risk. The operator accepts no liability whatsoever for:
- websites linked to in error.
- damage arising from the use of the information on the Kermi Duschdesign websites.
- non-functional links and consequences of technical malfunctions.
- the functionality of software, including energy-saving calculators, and the consequences thereof, which have been obtained or used via kermi-duschdesign.com, including all associated domains.
- the calculation results of the software tools, including energy-saving calculators, and the application of these results in practice.
- Transactions with third parties facilitated through this internet platform.
- Contacts and their consequences arising from this internet platform.
- Criminal acts, infringements or manipulations by third parties who are in any way connected with the Kermi Duschdesign websites or who misuse the internet platform.
3. Liability
The information and details on these pages do not constitute any assurance or guarantee, whether express or implied. In particular, they do not constitute any implied undertaking or guarantee regarding quality, marketability, fitness for a particular purpose or non-infringement of laws and patents. All data and images on the websites are approximate only. The specific terms of the contracts to be concluded (e.g. purchase and order) shall prevail.
You will also find links to other websites on our website. We would like to point out that we have no influence over the design and content of the sites to which links are provided. We therefore cannot accept any liability for the topicality, correctness, completeness or quality of the information provided there. Against this background, we hereby distance ourselves from all content on these sites. This declaration applies to all links to external sites and their content contained on our website.
4. Access authorisation
The user must log in to the Kermi Duschdesign partner area using their full and correct details. The customer bears sole responsibility for the protection (confidentiality) of the passwords provided to them for access to the internet services offered. The user is not authorised to disclose the access details (username and password) to third parties outside the registered company without the written consent of Kermi Duschdesign. In the event of misuse, Kermi Duschdesign reserves the right to take legal action. The user undertakes to change the password immediately or to notify Kermi Duschdesign if they suspect that unauthorised third parties are aware of the password.
5. User’s obligations
The user is obliged to use the online access only in an appropriate manner. In particular, they shall not misuse the access facilities and shall observe the recognised principles of data security for the protection of data. They shall report any indications of misuse to Kermi Duschdesign immediately upon becoming aware of them.
The user shall indemnify Kermi Duschdesign against any losses incurred as a result of their own breaches of contract or claims made by third parties. They shall bear the costs of terminal equipment and telecommunications charges.
6. Hyperlinks
In its judgement of 12 May 1998 – 312 O 85/98 – “Liability for Links”, the Hamburg Regional Court ruled that by including a link, one may be held jointly responsible for the content of the linked page. This can only be prevented by expressly distancing oneself from such content.
The Kermi Duschdesign websites contain links to other pages on the internet. Kermi Duschdesign GmbH has no influence whatsoever on the design or content of the linked pages found on this and the following pages. We therefore expressly distance ourselves from all content on all linked pages across our entire platform, including all subpages. This declaration applies to all links on our homepage and to all content on the pages to which links or banners lead. Hyperlinks to external sites published against the site owners’ wishes will be removed upon request.
7. Jurisdiction
The place of jurisdiction is our registered office, provided that the customer is also a trader, a legal entity under public law or a special fund under public law. The same applies if the customer has no other place of jurisdiction within Germany or relocates their registered office abroad after the conclusion of the contract. We are also entitled to bring legal proceedings against the customer at other permissible places of jurisdiction.”
“With regard to all claims and rights, the non-uniform law of the Federal Republic of Germany shall apply. The applicability of the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-laws provisions of the Introductory Act to the German Civil Code (EGBGB) is expressly excluded. The contract language is German.”
Plattling, Sept. 2024
General Terms and Conditions of Use and Licence
on the provision and use of copyright-protected works
Preamble
The following General Terms and Conditions of Use and Licence apply between Kermi Duschdesign GmbH and the specialist partners with whom Kermi Duschdesign enters into a licence agreement and grants rights of use to copyright-protected works via the Kermi Duschdesign websites or industry portals (e.g. www.building-masterdata.com). These include written works (catalogues, presentations, etc.), photographic works and film works, which primarily depict and describe products from the fields of sanitary, heating, ventilation and air-conditioning technology.
I. Scope
Trade partners include specialist wholesalers, specialist tradespeople, planners, architects, training institutions, affiliated companies and other persons involved in the marketing of Kermi Duschdesign GmbH’s products. These Terms of Use also apply to representations and content (product descriptions, data sheets, operating instructions, directories, sketches, technical drawings, electronic documents, etc.) or electronic platforms (web applications, software tools, social media) that do not fall within the scope of industrial property laws. Where applicable, these provisions shall apply accordingly.
II. Login/Registration
Before using the files on the Kermi Duschdesign website or an industry portal, the specialist partner must actively accept the terms of use and licence conditions. Kermi Duschdesign GmbH reserves the right to pursue such infringements under civil and criminal law.
III. Acceptance of Terms and Conditions
The specialist partner is only authorised to use the files if they accept these General Terms and Conditions as binding. Consent is given either by signing this document or by accepting these terms and conditions on the Kermi Duschdesign website or the industry portal. Use is permitted only on the basis of this agreement and otherwise constitutes a copyright infringement.
IV. Intended Use
The works are provided exclusively for the purpose of promoting Kermi Duschdesign products. This includes customer and product acquisition. For this purpose, the works may be imported into the specialist partner’s IT systems in digital form, reproduced and used in digital or printed form.
V. Subject matter of the licence
The subject matter of this agreement is the product data, written works, photographic works, cinematographic works and photographs offered on the Kermi Duschdesign websites or industry portals, including any associated metadata in the event of digitisation, even if these do not fall within the scope of industrial property laws. Where applicable, these provisions shall apply mutatis mutandis.
VI. Rights of use and scope
1. Kermi Duschdesign GmbH grants the specialist partner a simple, non-exclusive, revocable right of use to the works made available.
2. The content of the works must not be edited or altered. It is prohibited to create image and video montages. This applies in particular to videos and photographs created using photo compositing software.
3. The works must be marked with a copyright notice in accordance with Section X of this agreement.
4. Kermi Duschdesign GmbH accepts no liability for the accuracy and up-to-date nature of the works. The specialist partner must check that the works are up to date at least once a year.
5. Unless revoked by Kermi Duschdesign GmbH, the works may be used on the specialist partner’s own data portals, online shops or social media platforms. The specialist partner shall determine the scope of the works used (range of products, number of attributes used) at their own discretion.
6. In individual cases, Kermi Duschdesign GmbH is entitled to restrict or extend the scope of the licence granted. This shall be done by means of a notice on the website or prior to the download.
7. The specialist partner may grant the right of use to other specialist partners (third parties) to the extent and for the purposes set out above, provided that the third parties are subject to the same obligations as those applicable to the specialist partner under this contract. Kermi Duschdesign GmbH may, without giving reasons, request written proof of the third party’s commitment from the specialist partner.
VII. Usage Fee
The granting of rights of use by Kermi Duschdesign GmbH to the specialist partner is free of charge. The transfer of the works to third parties for a fee in accordance with VI.8 is not permitted.
VIII. Rights to the works made available
Kermi Duschdesign GmbH warrants that it holds the legal title necessary for the granting of the rights of use.
IX. Term
Kermi Duschdesign GmbH may terminate the licence agreement at any time without giving reasons by means of a unilateral written declaration and revoke the licence with immediate effect. The specialist partner must then, within ten working days, completely remove the stored data relating to the works from its IT systems and return physical copies of the works (e.g. CDs, DVDs, catalogues) to Kermi Duschdesign GmbH or destroy them by mutual agreement.
X. Copyright notice
1. The specialist partner undertakes to mark the works with the following notice: “© Copyright by Kermi Duschdesign GmbH”. The written works, images and videos are protected by copyright. Any use outside the strict limits of copyright law is unlawful and punishable without the author’s consent. This applies in particular to reproductions, translations and the storage and processing in electronic systems. The same applies to publication on the internet.
2. Attribution of authorship
Where Kermi Duschdesign GmbH is obliged to name the author for individual works, the specialist partner undertakes to do so in the same manner. Kermi Duschdesign GmbH will draw the specialist partner’s attention to this during the download process.
XI. Liability
Should the specialist partner breach any obligations or violate the provisions of this Terms of Use Agreement, Kermi Duschdesign GmbH may claim damages for the loss incurred, which shall also include legal defence and litigation costs. This applies in particular if Kermi Duschdesign GmbH is held liable by third parties (e.g. licensors or persons depicted) due to an infringement of their rights. If the specialist partner uses the works provided in a manner other than that specified in this agreement, Kermi Duschdesign GmbH may demand that such use be ceased. The specialist partner shall also be liable for infringements by third parties (e.g. portal operators or social media platforms).
XII. Sources of supply
The works are made available to the specialist partner in digital form via download from the Kermi Duschdesign websites or the industry portal / online shop.
XIII. Final provisions
1. Form
Any ancillary agreements, amendments and additions that deviate from the provisions of these General Terms and Conditions must be in writing. They must be designated as such. This also applies to any waiver of this written form requirement itself.
2. Invalid provisions
If any provision of this agreement is invalid or unenforceable, the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provisions, an appropriate provision shall apply which, within the limits of what is legally permissible, comes closest to what the parties intended.
3. Applicable Law and Agreement on Jurisdiction
The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The Regional Court of Munich I shall have jurisdiction over all disputes arising from or in connection with contracts to which these Terms of Use apply.
Valid from: 01/08/2024