1. General
These General Terms and Conditions for the Dometic B2B E-Commerce Portal (“GTC E-Commerce Portal”) of Dometic Germany GmbH, Hollefeldstr. 63, 48282 Emsdetten, Germany, (“Dometic”) apply to the use of the Portal available at

-          business.dometic.com/de 
-          business.dometic.com/nl 
-          business.dometic.com/fr

 (“Portal”) and all contracts concluded via the Portal.
By creating an account on the Portal and clicking the corresponding checkbox, the customer (“Customer”) declares their agreement with the validity of these GTCs E-Commerce Portal.
In addition to these GTCs E-Commerce Portal, the Dometic Group's General Terms and Conditions of Sale and Delivery, which are available at https://business.dometic.com/de/verkaufsbedingungen, apply to the sale and delivery of products .
The Customer is responsible for complying with their obligations and those of their employees under these GTCs E-Commerce Portal.
Information on how Dometic processes personal data can be found in our Privacy Policy.
These GTCs E-Commerce Portal apply only to traders (Unternehmer) within the meaning of section 14 BGB (German Civil Code), i.e. a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
Only traders within the meaning of section 14 BGB may use the Portal.
2. Staff Accounts
The Customer will be able to create one or more staff accounts (the "Staff Accounts") allowing employees of the Customer ("Authorized Staff") to access the Portal. The Staff Accounts shall include the Customer's full legal name and be linked to the Customer’s email domain name. The Customer can regulate permissions for the Staff Accounts and determine level of access for the Staff Accounts. All Authorized Staff shall when using the Portal comply with the rules of the Portal.
The Customer shall be responsible for all his violations of the GTCs E-Commerce Portal and the established rules, including all breaches of these  by Authorized Staff.
3. Dometic Intellectual Property and Compliance with Laws
All content included on the Portal, such as text, graphics, logos, trademarks, icons, images, film and audio clips and software are the property of Dometic or its content suppliers and may be protected by copyright and other intellectual property laws. Unauthorized use or distribution of any such content may violate copyright, trademark, and/or other intellectual property rights or other laws and is subject to civil as well as criminal sanctions.
The Portal or any portion of the Portal shall not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial use that is not expressly permitted by Dometic.
The Customer shall not modify, use or transfer the information for any commercial purposes; nor remove any copyright or other proprietary notices from the information. The Customer agrees to prevent any unauthorized copying of the materials and to ensure that all employees, including Authorized Staff, of the Customer's organization adheres to these limitations.
The Customer shall at all times comply with applicable laws and regulations, including those related to copyright and other intellectual property rights.
Dometic does not grant any expressed or implied right to the Customer under any intellectual property rights such as patents, copyrights, trademarks, designs or trade secret information.
The Customer acknowledges and agrees that the Customer shall not apply to register any intellectual property including, for the avoidance of doubt, domain names or social media accounts or usernames containing Dometic trademarks (alone or in combination with anything else).
4. Customer’s Responsibilities
The Customer agrees that all Staff Accounts are personal and each Staff Account shall only be used by one (1) employee at the Customer. Section 2 of the GTCs E-Commerce Portal applies.
The Customer shall not share any information obtained from the Portal, account-specific data, or other information to third parties. This also includes a prohibition on disclosing passwords, user names, or other login data. The Customer must store account information, including information on Staff Accounts, in a secure environment.
The Customer shall have no right to (i) share accounts or Staff Accounts, or (ii) subcontract, transfer or assign any rights or obligations under these GTCs E-Commerce Portal, in whole or in part, to anyone without prior written consent of Dometic.
5. Confidentiality
The Customer shall keep confidential and not disclose any Confidential Information (defined below) to anyone other than its employees or Authorized Staff who have a legitimate need to know the Confidential Information in connection with these GTCs E-Commerce Portal unless: (a) it obtains the prior written consent of Dometic; or (b) such disclosure is required by applicable laws or regulations, provided however that the Customer shall promptly notify Dometic thereof so that Dometic may, if it so elects, seek a protective order or other appropriate relief. Under the circumstances described in sub-Section (b), the Customer shall, at Dometic’s expense, if requested by Dometic, reasonably cooperate with and assist Dometic in obtaining relief and in limiting any required disclosures.
The term “Confidential Information” shall mean all non-public and proprietary technological, business, marketing, financial and other information, including but not limited to prices, Customer specific data provided or displayed on the Portal, products, software, names, addresses, related to Dometic and/or its affiliates, whether communicated in writing, verbally, visually or by electronic means, and whether disclosed prior to or after the execution of these GTCs E-Commerce Portal.
The Confidential Information shall not include information that, as proven by the Customer, (a) is in, or has come into, the public domain through no fault of the Customer; or (b) was lawfully disclosed to the Customer by a third party not bound by a duty of confidentiality; or (c) was independently developed by the Customer not in breach of these GTCs E-Commerce Portal.
The Customer shall only utilize the Confidential Information for the purpose of fulfilling its obligations under these GTCs E-Commerce Portal and under no circumstances for its own, direct or indirect, benefit or for benefit of any third party. All rights in and to any Confidential Information shall remain the property of Dometic and nothing in these GTCs E-Commerce Portal shall be construed to create a license to use any Confidential Information by the Customer or any third party, except as expressly provided in these GTCs E-Commerce Portal.
The Customer is prohibited from obtaining confidential information by means of reverse engineering. “Reverse engineering” refers to all actions, including observation, testing, examination, and disassembly and, if necessary, reassembly, with the aim of obtaining confidential information; legally binding rights to reverse engineering pursuant to Sections 69d (3) and 69e of the German Copyright Act (UrhG) remain unaffected by this. As soon as reasonably practicable following a written notice from Dometic, the Customer shall (a) return the Confidential Information to Dometic; or (b) destroy the Confidential Information and send a written confirmation of such destruction to Dometic.
If the Customer breaches the confidentiality obligation as set forth herein, Dometic may, in addition to the rights granted under these GTCs E-Commerce Portal, seek legal remedies available under applicable laws.
The confidentiality obligation shall be valid for a period of five (5) years from the date any Confidential Information is disclosed.
This section does not affect Section 5 of the German Trade Secrets Law (GeschGehG).
6. Conclusion of Contract
Our product offers on the Portal are not legally binding.
Purchase contracts can be concluded using the Portal. To do so, the Customer must first enter the necessary information about their company in their account. They must then add the desired product to their shopping cart either by clicking the corresponding button on the respective product page or via the quick order window, after specifying additional parameters, in particular the quantity. By clicking on the corresponding button, which is available on most pages of the shop, such as the home page, the Customer is taken to the shopping cart. Here, the Customer receives an overview of the products in the cart. The Customer can continue the ordering process by clicking on “To checkout.” In the next window, they receive a detailed overview of their order and must enter the additional data required for the order. They can also correct input errors, such as the quantity of products ordered, by changing the information under “Quantity.” By clicking on the trash can icon, Customers can remove the item from their shopping cart altogether. After confirming the terms and conditions of sale by clicking on the corresponding box, Customers place their order by clicking on the order button.
By submitting an order on the Portal, the Customer makes a legally-binding offer to purchase the product in question.
Without undue delay after receiving the offer, we will send the Customer a confirmation of receipt of the offer, which does not constitute acceptance of the offer. The offer is only accepted by us once we declare acceptance to the Customer (by email) or dispatch the goods. The purchase contract with the Customer is only concluded upon our acceptance.
The following languages are available for the conclusion of the contract: German, French, and Dutch.
We do not store the contract text after the conclusion of the contract and therefore it is not accessible to the Customer via us.
7. Disclaimer of Guarantee
The information and data contained on the Portal is provided "as is" without any expressed or implied guarantee of any kind including guarantees of merchantability, non-infringement of intellectual property, fitness for any particular purpose, accuracy or completeness of the information, text, graphics, links or other items that may be contained on the Portal. Dometic may make changes to this content, or to the products described therein, at any time without notice. Dometic makes no commitment to update the information or other materials entered in this Portal. In case Dometic is linking to a website of a third party, such linking is for the convenience of users only and Dometic shall have no liability for the content or accuracy of information contained in such website.
Dometic assumes no liability
for potential loss, damages or third-party claims in relation to loss of account information, including Staff Accounts information, or password; and
for any damages, losses or expenses ("Losses") whatsoever including, without limitation any loss of profits, business interruption, or loss of information, arising out of the use of or inability to use the information, data or the Portal, even if the Customer or Dometic have been advised of the possibility of such Losses; and
in the event of a breach of obligations arising from the contractual relationship agreed with the Customer in particular claims by the Customer for damages or reimbursement of expenses—regardless of the legal basis.
The exclusions of liability of Dometic in the paragraphs above shall not apply
for its own intentional or grossly negligent breaches of duty and intentional or grossly negligent breaches of duty by legal representatives or vicarious agents;
for the breach of Essential Contractual Obligations; “Essential Contractual Obligations” are those whose fulfilment characterizes the contract and on whose fulfilment the Customer may regularly rely;
in the event of injury to life, limb, or health, including by legal representatives or vicarious agents;
insofar as Dometic has assumed a guarantee for the quality of a product or the existence of a performance success or a procurement risk in accordance with Section 276 of the German Civil Code (BGB);
in the event of liability under the Product Liability Act or other mandatory statutory liability provisions.
In the event that Dometic or its vicarious agents are only guilty of slight negligence and none of the cases listed in the preceding paragraph, items 1, 3, 4, and 5, apply, Dometic shall only be liable for foreseeable damage typical for this type of contract, even in the event of a breach of Essential Contractual Obligations.
The exclusions or limitations of liability pursuant to the preceding paragraphs shall apply to the same extent in favor of Dometic's organs, executive and non-executive employees, and other vicarious agents and subcontractors.
The provisions of this clause do not imply a reversal of the burden of proof.
8. Indemnification
The Customer agrees to indemnify and hold Dometic harmless from any and all costs, losses, damages, claims or demands, including reasonable attorneys’ fees, due to or arising out of:
a) breach of these GTCs E-Commerce Portal by the Customer or Authorized Staff;
b) violation of any law or the rights of a third party by the Customer or Authorized Staff; or
c) the use of any Staff Account.
This does not apply if the Customer is not responsible for the aforementioned circumstances.
The Customer shall promptly notify Dometic in writing upon the Customer becoming aware of any such third party claims and shall cooperate with Dometic at the Customer's sole cost and expense. Dometic shall have the right to take control of the defence and investigation of any such claims and shall employ counsel of Dometic's choosing to handle and defend such claims at the Customer's sole cost and expense.
9. Term and Termination
The Customer may cancel its access to the Portal at any time.
Dometic has the right to terminate and/or block temporarily the Customer's access to the Portal (including for the avoidance of doubt any and all Staff Accounts), without notice at any time.
Dometic shall not be liable for any compensation or any damages incurred in connection with the termination or blocking of the Customer’s access to the Portal. Section 7 Para. 3 applies.
Upon termination by either party of the access, all rights granted to the Customer shall cease immediately, and any Confidential Information in the Customer's possession shall be, in Dometic's sole discretion, returned or destroyed.
10. Other
Dometic reserves the right to change GTCs E-Commerce Portal and conditions at any time at its own discretion. The Customer will be notified of any changes. If the Customer does not object to the changes relating to existing contracts within six weeks of receiving notification, the changes shall also be deemed to have been agreed for existing contracts. The Customer will be informed separately of the right of objection and the legal consequences of silence in the event of a change. The changed GTCs E-Commerce Portal apply for newly concluded contracts without such agreement.
The Customer is obliged to keep it and its employees, including Authorized Staff, continuously informed of the obligations set forth in the GTCs E-Commerce Portal.
Dometic further reserves the right to in its sole discretion (i) monitor and remove information, data, postings and products on the Portal; and/or or (ii) discontinue the Portal's availability at any time without notice.
If any term, condition, or provision of these GTCs E-Commerce Portal is determined to be unlawful, invalid, void or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby.
11. Governing Law and Dispute Resolution
These GTCs E-Commerce Portal and the contracts concluded under them are subject to German law, excluding international private law and the UN Convention on Contracts for the International Sale of Goods.
The place of jurisdiction for all disputes is the registered office of Dometic, provided that both parties are merchants, legal entities under public law, or special funds under public law. However, Dometic is also entitled to bring legal action at the Customer's general place of jurisdiction.
We are not subject to any codes of conduct.