General Terms and Conditions

1 Scope of application

The General Terms and Conditions of Business of heatness GmbH in the currently valid version are an integral part of all agreements concluded with us – including future agreements. All deliveries and services of heatness GmbH are provided exclusively on the basis of these General Terms and Conditions. General terms and conditions of our contractual partners are not binding for us, counter-confirmations of the customer with reference to his business or delivery conditions are hereby contradicted. Verbal agreements or subsidiary agreements shall only be valid if they have been confirmed and recognized by us in writing.

2 Contracts

2.1 All our offers are subject to change and non-binding. Any order placed with us shall be deemed to be an acceptance of our offer subject to our General Terms and Conditions and any other conditions specified therein and shall only become binding upon our written order confirmation or upon commencement of execution by us.

2.2 Cancellation of a contract concluded with us, an ordered delivery or service, requires our written consent. In this case, our contractual partner shall pay us, in addition to the equivalent value of all services already rendered, all our expenses and the calculated loss of profit, the latter at least in the amount of fifteen percent of the order value.

3 Prices

3.1 Our prices are calculated on the basis of the date of the offer. Cost increases compared to this basis (e.g. material price increases, wage increases, specification changes, etc.) entitle us to increase them accordingly;

3.2 The prices for our products and deliveries apply “ex works” or warehouse of heatness GmbH (in accordance with INCOTERMS 2010) and are inclusive of statutory VAT (currently 20%).

3.3 Partial deliveries are permissible and are to be paid for by the contractual partner on a pro rata basis.

3.4 Drafts, drawings and models etc. produced by us shall remain our property and copyright. Our contractual partner shall be liable for the legality of the use of work aids and plans made available to us and for their correctness. We are not obliged to check these or to check whether they infringe existing industrial or other property rights of third parties. The contractual partner is obliged to indemnify and hold us harmless.

4 Payment

4.1 All payments by our contractual partners shall be due immediately without any deductions. An agreed term of payment shall be deemed to have been complied with if we can dispose of the money on the last day thereof. In the event of default of payment, all our other claims not yet due at this time shall also become due immediately. In this case, we shall also be entitled to suspend our deliveries or services until payment has been made, to demand advance payment or security and/or to withdraw from the contract in whole or in part after setting a short grace period.

4.2 Equivalent to default of payment is the imminent initiation of insolvency proceedings against the assets of our contractual partner, if an out-of-court settlement is sought or if other circumstances become known which give rise to doubts as to his ability or willingness to pay, such as accumulation of lawsuits or pending foreclosures.

4.3 If our contractual partner is in default of payment, default interest of at least 12% per annum shall apply. All dunning, collection, investigation, information and recovery costs shall be reimbursed to us. Interest shall not be charged on advance payments made by our contractual partner.

4.4 The contractual partner of our deliveries and services shall have no right of retention to payments due. He is also not entitled to offset against our claims. In particular, he may not delay payment due to complaints of defects.

5 Complaints

5.1 Complaints by our contractual partners must always be made in writing and must be made immediately and specifically. Otherwise our goods or services shall be deemed to be faultless and accepted. Unauthorized changes to our deliveries shall result in the loss of the guarantee or warranty claim against us.

5.2 In the event of a justified complaint, we shall be obliged, to the exclusion of all further claims of the contractual partner, to provide either replacement or improvement at our discretion. If both improvement and replacement are possible, it shall be up to us to decide whether the warranty claim shall be satisfied by replacement or improvement, unless this would involve a disproportionately high expense compared to another remedy. With the exception of those cases in which the right to rescission is granted by law, we reserve the right to fulfill the warranty claim at our discretion by improvement, replacement or price reduction. In any case of replacement or improvement, the defective product must be returned to us step by step. In the event of replacement or improvement, the contractual partner is obliged to make this possible without claims for damages and to provide the necessary assistance free of charge.

5.3 All claims of the contractual partner against us due to justified defects are excluded as long as the contractual partner does not meet its payment obligations punctually and in full.

6 Scope of liability

In all cases, we shall only be liable for our own fault to the exclusion of slight negligence. Any liability on our part for loss of profit, indirect damage and consequential damage, as well as for claims asserted against our contractual partner by its customers, is excluded.

7 Retention of title

7.1 All goods delivered by us shall remain our property until full payment of the purchase price including all ancillary charges, notwithstanding the earlier transfer of risk.

7.2 Pledging, transfer by way of security or other encumbrance of our goods subject to retention of title is not permitted. Access by third parties must be reported to us immediately.

7.3 In the event of default of payment, we shall be entitled to retrieve the goods in our ownership even without simultaneous withdrawal from the contract and for this purpose to enter the place where they are located and to dismantle them there. Our right to claim damages for non-performance shall remain unaffected.

7.4 The contractual partner shall assign to us its claims against third parties, insofar as these arise from the sale or processing of our goods, until final payment of our claims. Upon request, the contractual partner shall name its customers to us and inform them of the assignment in good time. The assignment must be entered in the business books, in particular in the open items list, and must be made visible to the customer on delivery bills, invoices, etc.

8 Product liability

8.1 Each product sold by us only offers the level of safety that can be expected on the basis of approval regulations, instructions for use and other regulations.

8.2 The contractual partner waives our obligation to pay compensation for material damage resulting from the Product Liability Act (PHG) which he suffers as an entrepreneur, as well as for product liability claims based on other statutory provisions. In the event of resale to another entrepreneur, the contractual partner undertakes to transfer the waiver to this entrepreneur and to oblige him to transfer it to his entrepreneurial customers.

8.3 We must be informed immediately and in detail in writing of any claims by injured parties. Should the contractual partner be held liable under the PHG, he shall waive his right of recourse against us. He expressly declares the exclusion of the protective effect in favor of third parties.

9. change of address

The contractual partner is obliged to inform us of any changes to his residential or business address as long as the contractual legal transaction has not been completely fulfilled by both parties. If the notification is omitted, declarations shall also be deemed to have been received if they are sent to the last known address.

10 Withdrawal

If the consumer has not made his contractual declaration either on the premises permanently used by the trader for his business purposes or at a stand used by the trader for this purpose at a trade fair or market, he may withdraw from his contract application or from the contract.

Cancellation policy for consumers:

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day

a) on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

b) in the case of a contract for several goods which you have ordered as part of a single order and which are delivered separately: on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.

c) in the case of a contract for the delivery of goods in several partial shipments or pieces: on which you or a third party named by you, who is not the carrier, have taken possession of the last partial shipment or the last piece.

In order to exercise your right of withdrawal, you must inform us, heatness GmbH (heatness® South Africa, 13 Eagle Avenue, 7806 Cape Town, South Africa ) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal:

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

You shall bear the direct costs of returning the goods. The costs for returns from Austria are estimated at a maximum of around EUR 10 per infrared heater (for parcels sent by Austrian Post).

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality

Exceptions to the right of withdrawal:

The consumer has no right of withdrawal for contracts concerning:

(a) goods whose price depends on fluctuations in the financial market over which the trader has no control and which may occur within the withdrawal period,

b) goods that are manufactured according to customer specifications or are clearly tailored to personal needs,

c) goods that can spoil quickly or whose expiration date would be quickly exceeded,

d) goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that the seal has been removed after delivery,

e) goods which, due to their nature, have been inseparably mixed with other goods after delivery,

f) alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which cannot be delivered earlier than 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the trader has no influence,

g) sound or video recordings or computer software delivered in a sealed package, provided that the seal has been removed after delivery,

h) newspapers, periodicals or magazines with the exception of subscription contracts for the delivery of such publications.

11 Place of performance, place of jurisdiction, applicable law, etc.

11.1 The place of performance is the registered office of our company. Austrian law shall apply. The place of jurisdiction shall be the court with local and subject-matter jurisdiction for the registered office of our company. However, we shall also be entitled to settle legal disputes at the general place of jurisdiction of the contractual partner.

11.2 If the contractual partner is not an entrepreneur within the meaning of § 1 para. 1 item 1 of the Consumer Protection Act, Federal Law Gazette 140/1979, these terms and conditions shall only apply insofar as they do not contradict the provisions of this law.

11.3 The invalidity of individual provisions shall not affect the validity of the remaining provisions.

11.4 Alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which you can find at We are prepared to participate in an out-of-court dispute resolution procedure.