TOMcase General Terms and Conditions of Business
§1 Area of application and offerer
(1) These General Terms & Conditions of Business apply to all orders you place at Tom GmbH & Co. KG, Mühlstr. 10, 88085 Langenargen.
(2) The range of goods presents exclusively to buyers who have reached the age of 18 years.
(3) Our deliveries, services and offers are made solely on the basis of these terms and conditions. They are therefore also valid for all future business relations, even if they are not explicitly reconfirmed. We herewith explicitly contradict the inclusion of other general business terms of the customer.
(4) Contract language is German.
(5) Terms and conditions as they are valid currently can be read and printed at our homepage.
§2 Conclusion of contract
(1) The presentation of goods is not a binding contractual offer but rather a non-obligatory invitation to the customer to place an order.
(2) By clicking the order button „zahlungspflichtig bestellen“ you are giving an obligatory order (§145 BGB).
(3) After our receival of the offer to purchase, you will receive an automatically generated e-mail with which we confirm that we have received your order (confirmation of receipt). This acknowledgement of receipt does not yet mean a binding order acceptance. A contract is not yet concluded with the confirmation of receipt.
(4) A contract of sale for the goods only comes about once we expressly declare acceptance or if we send the goods – without prior express declaration of acceptance – to the buyer.
The prices mentioned on the product pages include value-added tax at the legally applicable rate as well as all other price components and do not include postage. Our prices do not refer to the additional electronic and decorative items on the product images, which merely serve as a visual example for the correct use of the inlay and possibilities of storage. We offer exclusively in our online shop transport boxes and cases.
§4 terms and conditions of payment, default and its consequences
(1) Payment is to be made either per bill, money transfer, credit card, Paypal or Amazon Payments.
(2) When the advance payment is chosen, we inform our bank account in the order confirmation. The amount needs to be payed within 10 days after arrival of the order confirmation.
(3) When paying by Credit Card, the purchase amount is blocked on your credit card (“authorization”). Your account will be debited once your order has been shipped.
(4) If your payment is delayed, you are obliged to pay the statutory interest on arrears to the amount of 5 percent above the base rate. For every payment reminder that is being sent to you after the delay of payment, you will be charged with a dunning fee of EUR 2.50, insofar no lower or higher loss can be proven.
§5 Offsetting / Right of Retention
(1) You are only entitled to a right of set-off if your counter-claim has been legally established, is not denied or acknowledged by us, or is in a strict synallagmatic relationship with our claim.
(2) You can only exercise a right of retention if your claim is based on the same contractual relationship.
§6 Delivery; Property reservation
(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you specify.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an business within the meaning of § 14 BGB (German Civil Code), the following shall apply additionally:
- We reserve the right to ownership of the goods until full settlement of all claims arising from the current business relationship. A pledge or security transfer shall not be permitted prior to the transfer of ownership of the reserved goods.
- You may resell the goods in the ordinary course of business. In this case, you are already assigning to us all claims in the amount of the invoice amount, which you are accruing from the resale. We accept the assignment, but you are authorized to collect the receivables. If you fail to meet your payment obligations properly, we reserve the right to collect claims ourselves.
- In case of combining and mixing of the reserved goods, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of the processing.
- We undertake to release the securities to which we are entitled on request in so far as the realizable value of our collateral exceeds the claims to be secured by more than 10%. The choice of collateral to be released is up to us.
§7 Revocation terms
In the event that you are a consumer within the meaning of § 13 BGB, ie the purchase for purposes that are predominantly neither your commercial nor your independent professional activity can be attributed, you have a right of withdrawal in accordance with the following provisions.
You have the right to withdraw from this contract within 14 days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must contact us.
TOM GmbH & Co. KG
by means of a clear statement (eg a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the document provided which is not obligatory.
In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the most favorable standard delivery we offer) have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.
We may refuse to repay you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You have the goods immediately and in any event not later than fourteen days from the date on which you inform us of the revocation of this contract to us or to [possibly Name and address of a person entitled to receive the goods]. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You bear the immediate costs of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.
End of cancellation
(1) The right of withdrawal does not exist on delivery goods which are not prefabricated and whose manufacture is based on an individual choice or determination by the consumer or which are clearly tailored to the personal needs of the consumer.
(2) Please avoid damage and contamination. If possible, send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide suitable packaging for sufficient protection against transport damage in order to avoid claims for damages due to defective packaging.
(3) Please call us before returning to Tel. No .: +49 (0)7543 965 49 69 to announce the return. In this way, you enable us to assign the products as quickly as possible.
(4) Please note that the modalities mentioned in the preceding paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of withdrawal.
§8 Transport damage
(1) If goods are delivered with apparent damage due to the transport, please report these fault immediately to the delivery company and contact us as soon as possible.
(2) The non-compliance of a complaint or contact has no consequences for your statutory warranty rights. However, they will help us to communicate our own claims against the freight carrier or the transport insurance company.
(1) Unless otherwise expressly agreed, your warranty claims are governed by the statutory provisions of the purchase law (§§ 433 ff. BGB – German Civil Code)
(2) If you are a consumer within the meaning of § 13 BGB (German Civil Code), the limitation period for claims for warranties of used goods – in deviation from statutory provisions – is one year. This limitation shall not apply to claims for damages resulting from injury to life, limb or health, or from a breach of a material contractual obligation, which is the fulfillment of the proper execution of the contract at first and on which the contractual partner may regularly rely (cardinal obligation), as well as for claims due to other damages that result from an intentional or grossly negligent breach of duty on the part of the user or his vicarious agents.
(3) In addition, the statutory provisions shall apply to the guarantee.
(4) If you are a business within the meaning of § 14 BGB (German Civil Code), the legal provisions apply with the following modifications:
- For the quality of the goods, only our own data and the product description of the manufacturer are binding, public promises and utterances and other advertising of the manufacturer are non-binding.
- You are obliged to inspect the goods promptly and with due diligence for quality and quantity deviations and to notify us of obvious defects within 7 days from receipt of the goods. The punctual sending is sufficient to meet the deadline. This also applies to later discovered hidden defects from discovery. In case of breach of the duty to inspect and to notify, the assertion of the warranty claims is excluded.
- In the case of defects, we make a guarantee by means of rework or replacement delivery (supplementary performance). In the case of rectification, we shall not be required to bear the increased costs resulting from the shipment of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
- If the supplementary performance fails twice, you may, at your discretion, demand a reduction or withdraw from the contract.
- The warranty period is one year from delivery of the goods.
(1) Unlimited liability:
We are liable without limitation for intent and gross negligence as well as in accordance with the product liability law. We shall be liable for slight negligence in case of damage resulting from injuries to life, body and health of persons.
(2) The following limited liability applies:
In the case of slight negligence, we shall be liable only in the event of a breach of contractual obligation of a material, which is the fulfillment of which the proper implementation of the contract is possible at first and which you may regularly trust to comply with (the cardinal obligation). The liability for slight negligence is limited to the damages foreseeable at the time of conclusion of contract, which must typically be expected. This limitation of liability also applies to our vicarious agents.
§11 Final provisions
(1) Should one or more provisions of these Terms and Conditions be or become invalid, the effectiveness of other provisions shall not be affected.
(2) Any contract between us and you shall be governed exclusively by German law, with the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG)
(3) If you are a merchant, a legal person of public law or a public special fund, Ulm, Germany, shall have jurisdiction for all disputes arising out of or in connection with contracts between us and you.