1. Contracting party and scope
These Terms of Service apply to purchases made through the Thermal Hero Cooling Store at thermalhero-coolingstore.com and to the use of the associated online services. The contracting party and seller is IPROJEX GmbH, Osterbrooksweg 69, 22869 Schenefeld, Germany.
These Terms are intended primarily for consumers. A consumer is a natural person who enters into a legal transaction predominantly for purposes outside their trade, business or profession. Mandatory consumer-protection rights applicable in the customer's country of habitual residence remain unaffected.
2. Products and technical information
We sell thermal interface materials and cooling products, including thermal paste, thermal pads, phase-change materials, graphene heat spreaders, liquid metal products, accessories and kits. Product descriptions, compatibility information, warnings and instructions form part of the product information available before purchase.
Images may illustrate the product and packaging. Minor variations that do not materially affect the agreed characteristics may occur. Technical performance depends on the hardware, contact pressure, surface condition, application method, ambient conditions and other system variables; specific temperature or performance results are not guaranteed unless expressly agreed in writing.
3. Order process and conclusion of contract
The display of products in the store is an invitation to submit an order and is not itself a legally binding offer. By clicking the final order button, you submit a binding offer to purchase the products in your cart. Before submitting the order, you can review and correct the order details using the functions provided in the checkout.
We acknowledge receipt of the order electronically. Unless the acknowledgement expressly states that the order has been accepted, it does not by itself constitute acceptance. The purchase contract is concluded when we expressly accept the order, issue a binding order confirmation, capture payment as acceptance, or dispatch the goods, whichever occurs first.
We may reject or cancel an order before acceptance where products are unavailable, payment cannot be authorised, delivery is not possible, the order appears fraudulent or unlawful, or there is an obvious pricing or description error. Any payment already received for a rejected order will be refunded.
4. Contract language and storage
The contract language is English unless another language is expressly offered during checkout. We store the order data in accordance with legal retention obligations. Registered customers may be able to view order information in their account. The order confirmation and applicable policy texts are also sent or made available electronically.
5. Prices, taxes and shipping charges
Prices displayed to consumers include applicable value added tax unless clearly stated otherwise. Shipping charges and any other mandatory charges are displayed before the order is submitted.
For deliveries outside the European Union, import duties, taxes, customs charges or brokerage fees may be imposed by the destination country. Unless the checkout expressly states otherwise, such charges are not included in the purchase price and are the customer's responsibility.
6. Payment
The payment methods available for an order are displayed at checkout. Payment is due in accordance with the selected payment method. Payment services may be provided by Shopify, banks or independent payment providers and may be subject to their additional terms.
If a payment is reversed, rejected or not completed, we may withhold delivery and request payment of the outstanding amount. Statutory rights relating to default remain unaffected.
7. Delivery
Delivery is made to the address provided during checkout. The customer is responsible for ensuring that the delivery address is complete and accurate.
Available destinations, shipping methods, charges and estimated delivery times are displayed during checkout or on the relevant shipping information page. Delivery estimates are not guaranteed delivery dates unless expressly agreed as binding.
Where an order contains several products, we may make reasonable partial deliveries without additional shipping cost to the customer. Statutory rights in the event of delay or non-delivery remain unaffected.
8. Transfer of risk and retention of title
For consumer purchases, the risk of accidental loss or damage generally passes when the customer or a third party designated by the customer receives the goods, subject to mandatory law.
The goods remain the property of IPROJEX GmbH until the purchase price has been paid in full.
9. Right of withdrawal and returns
Consumers may have a statutory right of withdrawal. The conditions, period, return procedure, refund rules and model withdrawal form are set out in the separate Refund and Withdrawal Policy, which forms part of these Terms.
During the applicable withdrawal period, customers may also use the electronic withdrawal function provided through the store. Statutory warranty rights for defective goods are separate from the right of withdrawal and are not limited by the return policy.
10. Statutory conformity and warranty rights
The statutory rights relating to goods that are defective or do not conform to the contract apply. Please inspect delivered goods promptly and contact us if an item is incorrect, damaged, incomplete or defective.
A defect does not arise merely because a product is unsuitable for an application that was not stated or agreed, because performance expectations depend on system-specific conditions, or because damage results from incorrect installation, incompatible materials, excessive quantity, inadequate cleaning, electrical short-circuiting, use on prohibited surfaces or failure to follow product and safety instructions. Mandatory rights remain unaffected.
11. Special safety provisions for technical cooling products
Thermal interface materials must be selected and applied in accordance with the product description, compatibility information, instructions and warnings.
Liquid metal is electrically conductive and may be chemically incompatible with certain materials, particularly aluminium. It must be kept away from electrical contacts and components and should be used only by persons with the necessary technical knowledge. Graphene-based products may also be electrically conductive. Thermal pads and phase-change materials must be used in the correct dimensions and thickness.
Opening or modifying electronic devices may affect manufacturer warranties and may cause damage if performed incorrectly. Customers are responsible for assessing their competence and the compatibility of the intended application. These provisions do not exclude liability where liability cannot legally be excluded.
12. Liability
We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, for fraudulent concealment of defects and where we have expressly given a guarantee.
In cases of slight negligence, we are liable for breach of an essential contractual obligation only. Essential contractual obligations are obligations whose performance is necessary for the proper execution of the contract and on whose performance the customer may regularly rely. In such cases, liability is limited to the foreseeable damage typical for the contract.
To the extent permitted by law, liability is excluded for damage caused solely by misuse, incorrect installation, ignored warnings, incompatible surfaces, unauthorised modification or use outside the stated product specification. Mandatory statutory liability remains unaffected.
13. Customer accounts and store security
Customers are responsible for maintaining the confidentiality of account credentials and for providing accurate information. Please notify us promptly if you suspect unauthorised access to your account.
The store must not be used to infringe laws or third-party rights, introduce malicious code, interfere with security, scrape protected content, place fraudulent orders or misuse payment or return processes. We may restrict access where reasonably necessary to protect the store, customers or third parties.
14. Intellectual property
The store, product texts, graphics, photographs, logos, product names, selection tools and other content are protected by intellectual-property laws. No rights are transferred except the limited right to use the store for its intended purpose. Commercial reproduction, redistribution or automated extraction requires prior permission unless permitted by mandatory law.
15. Electronic communications
Contractual notices and information may be provided electronically, including by email and through the customer account or order-status page, where permitted by law. Customers must provide a valid email address and keep it current.
16. Governing law and jurisdiction
These Terms and the purchase contract are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods.
For consumers, this choice of law does not deprive them of mandatory protection provided by the law of the country in which they have their habitual residence. Statutory rules on jurisdiction apply.
17. Consumer dispute resolution
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
18. Severability and changes
If an individual provision of these Terms is invalid or unenforceable, the remaining provisions remain effective. Mandatory statutory provisions take the place of any invalid provision.
The version of these Terms in force when the order is placed applies to that order. We may update these Terms for future transactions to reflect legal, technical or operational changes.
19. Contact
IPROJEX GmbH
Osterbrooksweg 69
22869 Schenefeld
Germany
Telephone: +49 40 1800 3910
Email: info@thermalhero.com
