ToMTuR.de TERMS AND CONDITIONS
General terms and conditions for purchases made on this website
12099 Berlin, Germany
Tel: +49 30/69 2005 100
VAT identification number: DE329307343
– hereinafter referred to as “The Supplier”
The users of this website, described in section 2 of these terms and conditions, and hereinafter referred to as “The Customer / Customers”.
§ 1 Scope of application
For the business relationship between The Supplier and The Customer, the following general terms and conditions of business apply in their version valid at the time of the order. Deviating conditions of The Customer are not recognized, unless The Supplier expressly agrees to their validity in writing.
§ 2 Conclusion of contract
(1) The Customer can select products from the assortment of The Supplier and collect them in a so-called shopping basket by means of the button “into the shopping basket”. By clicking on the button “pay with order”, he makes a binding request for the purchase of the goods in the shopping basket. Before sending the order, The Customer can change and view the data at any time.
(2) The Supplier then sends The Customer an automatic acknowledgment of receipt with the subject “Confirmation of your order with ToMTuR.de” by e-mail, in which The Customer’s order is re-listed and which The Customer can print out using the “Print” function. The order of The Customer (1) represents the offer to contract conclusion with the respective contents of the goods in the basket. The acknowledgment of receipt (order confirmation) represents the acceptance of the offer by The Supplier. In this the contents of the order are summarized. In this e-mail or in a separate e-mail, but at the latest on delivery of the goods, the contract text (consisting of order, general terms and conditions and order confirmation) is sent to The Customer by us on a permanent data carrier (e-mail or paper). The text of the contract is stored in compliance with data protection.
(3) The contract shall be concluded in the following languages: English, German.
§ 3 Delivery, goods availability, and payment methods
(1) Delivery times stated by us are calculated from the date of our order confirmation (2.2) of these terms and conditions), prior payment of the purchase price provided.
(2) If the product designated by The Customer in the order is only temporarily unavailable, The Supplier also notifies The Customer without delay. In the event of a delivery delay of more than two weeks, The Customer has the right to withdraw from the contract. In this case, The Supplier is also entitled to terminate the contract. In this case, The Supplier will refund any payments already made by The Customer without delay.
(3) The following delivery restrictions apply: The Supplier only delivers to customers who have their usual place of residence (invoice address) in one of the following countries and can specify a delivery address in the same country: Belgium, Bulgaria, Germany, Denmark, Estonia, Finland, France, Greece, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Republic of Ireland, Romania, Sweden, Switzerland, Slovakia, Slovenia, Spain, Turkey, Czech Republic, Hungary, United Kingdom, Cyprus, Austria.
(4) The Customer can make payment by the following payment methods: credit card, PayPal, bank transfer, cash on pickup.
(5) Payment of the purchase price is due immediately upon conclusion of the contract. If the payment is due according to the calendar date, The Customer is already in default by default.
§ 4 Reservation of ownership
All delivered goods remain the property of The Supplier until full payment of the purchase price by The Customer.
§ 5 Prices and shipping costs
(1) All prices, which are stated on the website of The Supplier, are inclusive of the applicable legal value added tax.
(2) The corresponding shipping costs shall be indicated to The Customer in the order form and shall be borne by The Customer insofar as The Customer does not exercise any right of revocation.
(3) The Customer must bear the direct costs of the return in the event of a revocation.
§ 6 Liability
(1) Claims of The Customer for damages are excluded. This excludes any claims for damages on the part of The Customer resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages arising from an intentional or grossly negligent breach of duty by The Supplier, his legal representatives or vicarious agents. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In case of a breach of essential contractual obligations, The Supplier is only liable for the foreseeable damage which is typical for the contract, if this is simply caused by negligence, unless The Customer is claiming damages from a violation of life, body or health.
(3) The limitations of paragraphs 6.1 and 6.2 shall also apply to the legal representatives and agents of The Supplier if claims are directly asserted against them.
(4) The provisions of the Product Liability Act shall remain unaffected.
§ 7 Data processing and data protection
(1) The Supplier collects data from The Customer for fulfillment and processing of contracts. In particular, The Supplier heeds the provisions of the German Federal Data Protection Act and the Telemedia Act. Without The Customer’s consent, The Supplier will only collect, process or use the Customer’s stock and use data, as far as this is necessary for the handling of the contractual relationship and for the use and billing of telemedia.
(2) Without the consent of The Customer, The Supplier will not use The Customer’s data for purposes of advertising, market or opinion research.
§ 8 Final provisions
(1) The laws of the Federal Republic of Germany shall apply to contracts between The Supplier and The Customer, with the exclusion of the UN purchase law and international private law.
(2) If The Customer is a merchant, a legal entity under public law or a public special fund, the court of jurisdiction for all disputes arising from contractual relationships between The Customer and The Supplier is the place of business of The Supplier.
(3) The contract shall remain binding in the remaining parts of the contract, even if individual points are legally invalid. Instead of the ineffective points, the statutory regulations occur, if available. To the extent that this would be an unreasonable hardship for a contractual party, the contract becomes ineffective in its entirety.
§ 9 Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The European Commission is providing an online dispute resolution platform (OS), which can be found at https://ec.europa.eu/consumers/odr. We are not obligated and unwilling to participate in a dispute settlement procedure before a consumer sacking agency.
Last revision: Ocotber 2019