Terms and Conditions with customer information
Table of Contents
- Right of rescission
- Prices and terms of payment
- Terms of delivery and delivery
- Retention of title
- Liability for defects (warranty)
- Redemption of action vouchers
- Applicable law
- Code of Conduct
- Alternative Dispute Resolution
1) Scope of application
1.1These General Terms and Conditions of TocoCare UG (hereinafter referred to as "Seller") apply to all contracts concerning the delivery of goods by a consumer or contractor (hereinafter "Customer") with the Seller in respect of Seller's completed in his online store. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.
2) Conclusion of contract
2.1The product descriptions contained in the online shop of the seller do not constitute binding offers by the seller, but serve to make a binding offer by the customer.
2.2The customer may submit the offer via the online order form integrated in the online shop of the seller. In this case, after the customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart. Furthermore, the customer may submit the offer by telephone, fax or e-mail to the seller.
2.3The seller can accept the offer of the customer within five days,
- by forwarding the customer a written confirmation or a confirmation in writing (fax or e-mail), wherein the extent of the order confirmation to the customer is decisive, or
- by the customer the ordered goods, where the extent of access of goods to the customer is decisive, or
- by after delivery of his order, he instructs the customer to pay.
If more than one of the alternatives mentioned above, the contract comes into effect at the time when one of the aforementioned alternatives occurs first. The deadline for the acceptance of the offer begins on the day after the submission of the offer by the customer to run and ends with the expiry of the fifth day, which follows the dispatch of the offer. If the seller does not accept the offer of the customer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4If you choose the Amazon Payments payment method, you will pay through the Amazon Payments Europe sca, 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as "Amazon") under the terms of the Amazon Payments Europe User Agreement, available at https : //payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as a payment method in the online order process, he also issues a payment order to Amazon by clicking on the button that concludes the order process. In this case, the seller already declares the acceptance of the offer of the customer at the time in which the customer triggers the payment process by clicking the button concluding the order process.
2.5When submitting an offer via the online order form of the seller, the contract text will be stored by the seller after conclusion of the contract and sent to the customer after sending his order in text form (eg e-mail, fax or letter). Any further provision of the contract by the seller does not take place. If the customer has set up a user account in the seller's online shop before submitting his order, the order data will be archived on the seller's website and can be retrieved by the customer via his password-protected user account with the corresponding login details.
2.6Before the order is placed on the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can thereby be the enlargement function of the browser, with the help of which the display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his input via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.7For the conclusion of the contract the German and the English language are available.
2.8The order processing and contacting take place usually by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
3) Right of revocation
3.1Consumers are in principle entitled to a right of withdrawal.
3.2Further information on the right of revocation result from the cancellation policy of the seller.
4) Prices and terms of payment
4.1Unless otherwise stated in the seller's product description, the prices quoted are total prices that include the statutory value added tax. If necessary, additional delivery and shipping costs are specified separately in the respective product description.
4.2In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which must be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (eg transfer fees, exchange rate charges) or import duties or taxes (eg customs duties). Such costs may be incurred in relation to the transfer of funds even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3The payment option (s) will be communicated to the customer in the online shop of the seller.
4.4If advance payment has been agreed by bank transfer, the payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.5If the payment method "IMMEDIATELY" is selected, the payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 München (hereinafter "IMMEDIATELY"). In order to be able to pay the invoice amount "IMMEDIATELY", the customer must have an online banking account enabled to participate in "IMMEDIATELY", legitimize himself during the payment process and confirm the payment order to "IMMEDIATE". The payment transaction will be carried out immediately after "IMMEDIATE" and the customer's bank account will be debited. Further information about the "IMMEDIATE" payment method can be found on the internet at https://www.klarna.com/sofort/.
5) Terms of delivery and delivery
5.1The delivery of goods is made by mail to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.
5.2If delivery of the goods fails for reasons for which the customer is responsible, the customer bears the reasonable costs incurred by the seller. This does not apply with regard to the cost of the consignment, if the customer exercises his right of withdrawal effectively. For the return costs applies in case of effective exercise of the right of withdrawal by the customer to the provision made in the cancellation policy of the seller.
5.3Pickup is not possible for logistical reasons.
6) Proprietary reservation
If the Seller in advance, he reserves until full payment of the purchase price owed the title to the goods supplied.
7) Liability for defects (warranty)
7.1If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2If the customer acts as a consumer, he is asked to complain to the deliverer about goods delivered with obvious transport damage and to inform the seller thereof. If the customer does not comply, this has no effect on his legal or contractual claims for defects.
8) redemption of promotional vouchers
8.1Vouchers that are issued by the seller free of charge as part of promotions with a specific period of validity and that can not be purchased by the customer (hereinafter "action vouchers"), can only be redeemed in the seller's online shop and only during the specified period.
8.2Action vouchers can only be redeemed by consumers.
8.3Individual products may be excluded from the voucher action, provided that a corresponding restriction results from the content of the action voucher.
8.4Action vouchers can only be redeemed before completing the order process. A subsequent settlement is not possible.
8.5Only one action coupon can be redeemed per order.
8.6The value of the goods must be at least equal to the amount of the action voucher. Any remaining balance will not be refunded by the seller.
8.7If the value of the action voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be selected to settle the difference.
8.8The balance of an action voucher is neither paid in cash nor interest.
8.9The action voucher will not be refunded if the customer returns the goods fully or partially paid for with the action voucher as part of his statutory right of withdrawal.
8.10The action coupon is transferable. The seller can make a liberating effect to the respective owner, who redeems the action voucher in the online shop of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, the inability to operate or the lack of representation of the respective owner.
9) Applicable law
For all legal relationships between the parties, the law of the Federal Republic of Germany shall apply, excluding the laws governing the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
If the customer acts as a merchant, legal entity under public law or special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer is located outside the territory of the Federal Republic of Germany, the place of business of the seller is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. However, in the above cases, the seller is in any case entitled to call the court at the customer's place of business.
11) behavioral code
- The seller has submitted to the conditions of participation for the ecommerce "Fairness in Commerce" initiative, which can be viewed on the Internet at https://www.fairness-im-handel.de/teilnahmebedingungen/.
12) Alternative Dispute Resolution
12.1The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
12.2The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.