General Terms & Conditions/Mandatory Consumer Information
These terms & conditions ("T&Cs") exclusively govern the use of our website www.tonigard.com and the conclusion of distance contracts on the sales of products presented thereon. These T&Cs include mandatory legal consumer information about your rights and our duties referring to distance contracts and e-commerce.
The services of our webshop are aimed exclusively at consumers, i.e. at customers making purchases for their own use, not, however, predominantly for purposes assigned to commercial or self-employed occupation.
2. Provider/Your Contracting Partner
The provider of the TONI GARD online shop and, as an online retailer authorized by TONI GARD GmbH, your contractual partner is
Phone: +49 (0) 40 22 63 07 077
Fax: +49 (0) 40 22 63 07 330
represented by its Managing Director: Kai Vollrath
Trade Register No HRB 87821
of the Local Court of Hamburg
VAT Identification No. DE230134238
3. Order/Conclusion and Language of Contract
The presentations of our products in the online shop shall not be considered binding offers but an invitation to persons of legal age and capacity to order our goods.
The goods presented on our product pages can be added to your shopping cart by pressing the "Add to basket" button.
By clicking the "Buy" button at the end of the online order form, which you enter by pressing the "Go to checkout" button, you place a legally binding offer to buy the items contained in your shopping cart. You may correct any misentry in your cart by clicking the "Remove" button or changing the amount of items you choose before you "Go to checkout".
We shall send you acknowledgement of receipt by e-mail immediately upon receiving your offer. This acknowledgement is not an order confirmation or acceptance of your offer yet. Acceptance of your order and completion of the sales contract is completed once you receive our separate acceptance ("Order Confirmation") following the acknowledgement by e-mail. In case we do not accept your offer we will inform you by e-mail within two days of receiving your order.
Contracts can be concluded in German and English language.
The wording of the contract consisting of the details of your order and these T&Cs will be stored and sent to you along with the order confirmation. Our T&Cs can also be accessed in the online shop at any time. Registered customers have access to their placed orders after logging in under "My account".
4. Prices/Shipping Costs/ Payment
All prices shown in our online shop are inclusive of statutory value added tax ("VAT") and other price components.
Additionally we charge shipping costs, which are shown under the link "plus shipping costs" on the product pages and displayed separately in your basket. We ship free of charge within Germany from an order value of EUR 40.00.
You can pay by credit card, using the payment service PayPal or in advance by bank transfer. You can also pay on account if you have provided a billing address in Germany and the value of the goods in your shopping basket is between EUR 1.50 and EUR 1,500. You will receive an invoice containing our bank details together with our order confirmation. The invoice amount is due for payment as soon as the invoice is received.
5. Reservation of Title
The goods delivered remain our property until full payment is made.
6. Delivery Terms/Default
We deliver to Germany, Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic and Hungary.
Delivery times within Germany are 1 to 3 working days and 7 to 10 working days to any other mentioned country (in case of payment in advance each calculated from receipt of money). We will indicate any deviating delivery times for single items separately in the online shop.
Disturbances in our business operations caused through no fault of ours, such as strike, lockout, and cases of force majeure that are due to an unforeseeable event for which we are not at fault, shall extend the delivery term accordingly. In the event that such disturbances prevent us from delivering the goods within one month from placing your order you may cancel the contract. Statutory rights of cancellation to which you are already entitled within the period of one month shall not be affected.
7. The client's obligations of cooperation to satisfy the contract
You shall ensure that the personal data provided at the point of contract closure to us for fulfilling the contract, especially the valid e-mail address and delivery address, are correct. You shall also ensure that the receipt of e-mails is technically possible at the e-mail address given and that it is not prevented, e.g. by means of automatic forwarding of e-mails, deactivation of account or exceeding of the mailbox's size limit.
You shall repay any additional charges that we incur due to the provision of a faulty delivery address on our request. We are also entitled to withdraw from the contract should you culpably violate the obligations of cooperation referred to in the previous paragraphs.
8. Consumers’ Right of Withdrawal
If you are shopping for purposes assigned neither predominantly to your commercial nor to your self-employed occupation and if you are thus ordering as a consumer, you are entitled to a right of withdrawal according to the following withdrawal instruction:
RIGHT OF WITHDRAWAL
YOU HAVE THE RIGHT TO WITHDRAW FROM THIS CONTRACT WITHIN 14 DAYS WITHOUT STATING ANY REASONS.
THE WITHDRAWAL PERIOD WILL EXPIRE AFTER 14 DAYS FROM THE DAY ON WHICH YOU OR A THIRD PARTY YOU NOMINATED AND WHO IS NOT THE CARRIER RECEIVED THE GOOD(S).
IN ORDER TO EXERCISE YOUR RIGHT OF WITHDRAWAL, YOU SHALL INFORM US (TONI GARD ONLINE SHOP, C/O HATRACO GMBH, PEUTESTRASSE 22a, D-20539 HAMBURG, TEL.: +49 (0)40 226 307 360, FAX: +49 (0)40 226 307 330, E-MAIL: SHOP@TONIGARD.COM) OF YOUR DECISION TO WITHDRAW FROM THE CONTRACT BY MEANS OF AN UNEQUIVOCAL DECLARATION (FOR EXAMPLE, IN A LETTER SENT BY POST, TELEFAX OR EMAIL). FOR THIS, YOU MAY USE THE ATTACHED WITHDRAWAL FORM, ALTHOUGH THIS IS NOT A STRICT REQUIREMENT.
IT SHALL BE DEEMED SUFFICIENT FOR COMPLIANCE WITH THE WITHDRAWAL TERM, IF YOU DISPATCH THE NOTIFICATION OF EXERCISING THE RIGHT OF WITHDRAWAL BEFORE THE WITHDRAWAL TERM HAS EXPIRED.
CONSEQUENCES OF WITHDRAWAL
WHEN YOU WITHDRAW FROM THIS CONTRACT, WE ARE OBLIGATED TO REFUND ALL OF THE PAYMENTS THAT WE HAVE RECEIVED FROM YOU, INCLUDING DELIVERY COSTS (EXCEPT ADDITIONAL COSTS RESULTING FROM YOUR DECISION TO USE A DIFFERENT DELIVERY METHOD THAN THE CHEAPEST STANDARD METHOD WE OFFER), WITHOUT ANY UNDUE DELAY AND WITHIN NO MORE THAN 14 DAYS AFTER RECEIPT OF YOUR NOTIFICATION OF WITHDRAWAL. FOR THIS REFUND, WE WILL USE THE SAME PAYMENT THAT YOU USED FOR THE ORIGINAL TRANSACTION, UNLESS EXPRESSLY AGREED OTHERWISE WITH YOU; IN ANY EVENT, WE SHALL NOT CHARGE YOU ANY FEES ON THE BASIS OF THIS REFUND. WE MAY REFUSE TO MAKE THE REFUND UNTIL WE HAVE RECEIVED BACK THE GOODS OR UNTIL YOU HAVE PROVIDED EVIDENCE THAT YOU HAVE SENT BACK THE GOODS, WHICHEVER IS EARLIER.
YOU ARE OBLIGED TO RETURN THE GOODS WITHOUT ANY UNDUE DELAY AND IN ANY EVENT WITHIN NO MORE THAN 14 DAYS AFTER THE DATE ON WHICH YOU NOTIFIED US OF THE WITHDRAWAL. THE DEADLINE WILL BE UPHELD PROVIDED THE GOODS HAVE BEEN DISPATCHED WITHIN 14 DAYS OF THE NOTIFICATION. WE SHALL BEAR THE DIRECT COSTS FOR THE RETURN OF THE GOODS.
YOU ARE ONLY REQUIRED TO COMPENSATE FOR ANY DIMINISHED VALUE OF THE GOODS, IF THIS DIMINISHED VALUE IS ASCRIBED TO AN UNNECESSARY HANDLING THEREOF ON YOUR PART TO TEST THE CONDITION, FEATURES AND MODE OF OPERATIONS OF THE GOODS.
Standard withdrawal form
(If you wish to withdraw from the contract, please fill out this form and return it to us.)
To Toni Gard Online Shop, Hatraco GmbH, Peutestraße 22a, D-20539 Hamburg, Fax +49 (0) 40 226 307 330, e-mail: email@example.com
I/we (*) herewith revoke the contract that I/we (*) concluded concerning the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only for notification on paper)
(*) Delete as appropriate
REFERENCE TO THE NON-EXISTENCE OF WITHDRAWAL RIGHT
The right of cancellation shall not exist for distance selling contracts
for the delivery of sealed goods that for reasons of public health or hygiene are not suited for return if their sealing was removed after delivery;
for the delivery of audio or video recordings or computer software in sealed packaging, if the sealing was removed after delivery.
9. Limitation of Liability
We kindly ask you to give us or the deliverer immediate notice of any defects upon delivery of the goods, such as apparent transport defects. The omission of giving us notice does not affect your statutory rights, unless the purchase is a commercial transaction and you have the requirement to make a complaint according to § 377 HGB (German Commercial Code). With your instant notification you enable us to claim our own rights against the deliverer or the transport insurance.
In the event that the goods are defective at the time of delivery, you may initially demand subsequent performance under the statutory provisions. If subsequent performance fails, you are entitled at your discretion to either reduce the purchase price or withdraw from the contract and claim compensation.
We are unrestrictedly liable under the statutory provisions for any injury to life, body and health caused by a negligent or wilful breach of obligations.
Our liability for property damages and financial loss is limited to damages/losses caused grossly negligent or wilfully.
If we breach a material contractual obligation or a cardinal obligation, i.e. an obligation whose fulfilment is essential to the due and proper performance of the contract and of which compliance you may regularly rely, we shall be liable for property damage and financial loss even in cases of slight negligence. This also applies to compensation claims in place of performance.
As far as we have violated a material or cardinal contractual obligation arising from slight negligence, our liability is limited to foreseeable damage typical to the contract.
The limitation of liability pursuant to the provisions above is also applicable if we are unable to deliver by accident in the course of delay or if the customer exercises other rights, in particular on the grounds of tort or a claim for reimbursement of expenses in place of performance. The limitation of liability pursuant to the provisions above is not applicable if we issued a guarantee as well as if liability is mandatory according to statutory provisions, such as the Product Liability Act ("Produkthaftungsgesetz").
Beyond this, our liability is excluded.
Our liability, limitation or exclusion of liability to the aforementioned extent shall also apply to damages caused through breaches of our employees', workers', staff's, representatives' and auxiliary persons' obligations.
10. Customer services/Dispute resolution
In the event of any problems or disagreements, we will always strive to find a solution in the interest of our customers. Our dedicated customer service team is happy to help you with advice and assistance. You can telephone us on 040/226307360 (office hours: Monday - Thursday 8am - 6pm, and Friday 8am - 5pm). You can also email us at firstname.lastname@example.org or use our contact form to tell us about your concerns.
The European Commission also provides a platform for online dispute resolution (ODR). This is available at https://ec.europa.eu/consumers/odr/. However, we are neither under an obligation nor prepared to participate in a dispute resolution procedure that has been referred to a consumers’ conciliation board.
11. Governing Law/Jurisdiction
The contractual relations of the parties to this contract are governed by and construed in accordance with German Law. This choice of law does not apply to consumers inasmuch as it deprives consumer protection rights mandatory according to the law of the state in which consumers have their habitual place of residence. The UN Convention on Contracts for the International Sale of Goods is expressly excluded.
Hatraco GmbH 2021-02-17