TOMcase General Terms and Conditions (GTC)
§1 Scope and provider
(1) These General Terms and Conditions (GTC) apply to all orders placed with Tom GmbH & Co. KG, Mühlstr. 10, 88085 Langenargen.
(2) The offer of goods is aimed exclusively at buyers who have reached the age of 18.
(3) Our deliveries, services and offers shall be made exclusively on the basis of these General Terms and Conditions (GTC). The General Terms and Conditions (GTC) shall therefore also apply to all future business relations with companies, even if they are not expressly agreed again. The inclusion of General Terms and Conditions (GTC) of a customer that contradict our General Terms and Conditions (GTC) is hereby already objected to.
(4) The contract language is exclusively German.
(5) You can access and print the currently valid General Terms and Conditions (GTC) on the website.
§2 Conclusion of contract
(1) The presentation of goods does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods.
(2) By clicking the button “Order subject to payment” you submit a binding purchase offer (§ 145 BGB).
(3) After receipt of the purchase offer, you will receive an automatically generated e-mail with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.
(4) A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer or when we ship the goods to you – without prior express declaration of acceptance.
The prices stated on the product pages include the statutory value added tax and other price components and are exclusive of VAT. of the respective shipping costs. Our prices do not include the additional electronic and decorative items shown in the product images, which are merely pictorial examples of the correct use of the interior dividers and storage options. We offer only transport boxes and cases in our online store.
§4 Terms of payment; Default
(1) The payment takes place alternatively: Invoice by bank transfer, credit card, Paypal or Amazon Payments.
(2) If you choose payment in advance, we will provide you with our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days after receipt of the order confirmation.
(3) When paying by credit card, the purchase price is reserved on your credit card at the time of the order (“authorization”). The actual charge to your credit card account will occur at the time we ship the goods to you.
(4) If you are in default with a payment, you shall be obliged to pay the statutory default interest in the amount of 5 percentage points above the base interest rate. You will be charged a reminder fee of EUR 2.50 for each reminder sent to you after the default has occurred, unless lower or higher damages are proven in individual cases.
§5 Offsetting/right of retention
(1) You shall only be entitled to set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or is in a close synallagmatic relationship to our claim.
(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§6 Delivery; Retention of Title
(1) Unless otherwise agreed, the goods shall be delivered from our warehouse to the address specified by you.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur within the meaning of § 14 BGB, the following shall apply in addition:
- We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, a pledge or transfer of ownership by way of security is not permitted.
- You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount accruing to you from the resale. We accept the assignment, but you are authorized to collect the claims. Insofar as you do not properly fulfill your payment obligations, we reserve the right to collect claims ourselves.
- If the reserved goods are combined and mixed, 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 processing.
- We undertake to release the securities to which we are entitled upon request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. We shall be responsible for selecting the securities to be released.
§7 Cancellation policy
In the event that you are a consumer within the meaning of § 13 BGB, i.e. you make the purchase for purposes that can predominantly be attributed neither to your commercial nor your independent professional activity, you have a right of withdrawal in accordance with the following provisions.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. To exercise your right of withdrawal, you must send us
TOM GmbH & Co KG
88085 Langenargen/Lake Constance
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the enclosed sample revocation form for this purpose, but it is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received notification of your withdrawal 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 for this repayment.
We may refuse to refund 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 must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.
You bear the direct costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
End of the cancellation policy
(1) The right of withdrawal does not apply to the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
(2) Please avoid damage and contamination. Please return the goods to us in the original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please provide adequate protection against transport damage with suitable packaging to avoid claims for damages due to inadequate packaging.
(3) Please call us at +49 (0)7543 965 49 69 before returning the goods to announce the return. In this way you enable us to allocate the products as quickly as possible.
(4) Please note that the modalities specified in the above 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 obvious transport damage, please complain about such defects immediately to the delivery person and contact us as soon as possible.
(2) Failure to make a complaint or contact us shall have no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 et seq. BGB).
(2) If you are a consumer in the sense of § 13 BGB (German Civil Code), the limitation period for warranty claims for used goods is – in deviation from the statutory provisions – one year. This limitation shall not apply to claims based on damages resulting from injury to life, limb or health or from the breach of a material contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the fulfillment of which the contractual partner may regularly rely (cardinal obligation) as well as to claims based on other damages resulting from an intentional or grossly negligent breach of duty by the user or its vicarious agents.
(3) In all other respects, the statutory provisions shall apply to the warranty.
(4) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the statutory provisions shall apply with the following modifications:
- Only our own specifications and the manufacturer’s product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.
- You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of any obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from the time of discovery. The assertion of warranty claims is excluded in the event of a breach of the obligation to inspect and give notice of defects.
- In the event of defects, we shall, at our discretion, provide warranty by repair or replacement (subsequent performance). In the event of rectification of defects, we shall not be required to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that such transport does not correspond to the intended use of the goods.
- If the supplementary performance fails twice, you may, at your option, demand a reduction in price or withdraw from the contract.
- The warranty period is one year from delivery of the goods.
§10 Liability according to GTC
(1) Unlimited liability: We shall be liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We shall be liable for slight negligence in the event of damage resulting from injury to life, limb and health of persons.
(2) In all other respects, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the fulfillment of which you may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply in favor of our vicarious agents.
§11 Final Provisions GTC
(1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
(2) Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”).
(3) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.