General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts which you conclude with us as the provider (Tom´s Company GmbH) via the website www.tomscompany.com. Unless otherwise agreed, the inclusion of any of your own terms and conditions which you may use is hereby objected to.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes which predominantly can be attributed neither to their commercial nor to their self-employed professional activity. A trader is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their self-employed professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject matter of the contract is the sale of goods.

(2) Already upon placing the respective product on our website, we submit to you a binding offer to conclude a contract via the online shopping cart system on the terms set out in the item description.

(3) The contract is concluded via the online shopping cart system as follows:

The goods intended for purchase are placed in the “shopping cart”. You can call up the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time.

After clicking the button “Checkout” or “Proceed to order” (or a similar designation) and entering your personal data as well as the payment and shipping terms, the order data will finally be displayed to you as an order overview.

Insofar as you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as the method of payment, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system. If you are redirected to the respective instant payment system, you make the corresponding selection or enter your data there. Finally, the order data will be displayed to you as an order overview on the website of the provider of the instant payment system or after you have been directed back to our online shop.

Before submitting the order, you have the opportunity to check the details in the order overview once again, to change them (also by using the “back” function of your internet browser) or to cancel the order.

By submitting the order via the corresponding button (“zahlungspflichtig bestellen” / “order with obligation to pay”, “kaufen” / “jetzt kaufen” / “buy” / “buy now”, “kostenpflichtig bestellen” / “order subject to payment”, “bezahlen” / “jetzt bezahlen” / “pay” / “pay now” or a similar designation), you declare your acceptance of the offer in a legally binding manner, whereby the contract is concluded.

(4) Your enquiries for the preparation of an offer are non-binding for you. In this respect, we shall submit to you a binding offer in text form (e.g. by email), which you may accept within 5 days (unless a different period is stated in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract take place by email, in part in an automated manner. You must therefore ensure that the email address you have provided to us is correct, that the receipt of the emails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Special agreements on the payment methods offered

(1) Payment via “Shopify Payments”

If you select a payment method offered via “Shopify Payments”, the Shopify Payments service of Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), the payment is processed by the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; “Stripe”). The individual payment methods available via Shopify Payments are displayed to you under a correspondingly designated button on our website as well as during the online ordering process. Stripe may make use of further payment services for the processing of payments; insofar as special payment terms apply to these, you will be notified of them separately. Further information on Shopify Payments can be found at https://www.shopify.com/de/legal/terms-payments/de.

(2) Payment via PayPal

If you select the payment method PayPal, the payment is processed by PayPal (Europe) S.à r.l. et Cie, S.C.A. (22-24 Boulevard Royal, L-2449 Luxembourg; “PayPal”), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. If you do not have a PayPal account, payments without a PayPal account may also be possible where applicable; separate terms and conditions apply to these, of which you will be notified during the ordering process.

§ 4 Provision of services in the case of vouchers (voucher terms and conditions)

(1) Unless otherwise stated in the offer or on the voucher, we are the issuer of the voucher. Our name and address can be found in our contact details in the legal notice.

(2) Vouchers purchased entitle you, vis-à-vis us, to redeem the credit certified by the voucher within the period of validity (validity period). Vouchers can be redeemed exclusively in our online shop at www.tomscompany.com or, where stated, in our local retail store. The service description and the redemption conditions described therein at the time of purchase of the voucher shall apply.

(3) The validity period of the voucher is 3 years from purchase, running to the end of the calendar year, unless a different validity period is stated in the respective offer.

(4) A prerequisite for the redemption of a voucher is the full payment of the purchase price for the voucher. The voucher must be redeemed within the electronic ordering process on our website by entering the voucher code in the input field provided for this purpose. Subsequent set-off is excluded. Any remaining credit shall remain on the voucher and may be used for further orders.

(5) Only one voucher may be redeemed per order.

(6) After expiry of the withdrawal period or extinction of the right of withdrawal for consumers, no refund or exchange shall take place. Payment / partial payment of voucher amounts is not possible. No interest is paid on the voucher credit. If the statutory right of withdrawal is exercised in respect of goods or services paid for with the voucher, the voucher amount contained in the purchase price shall be credited exclusively in the form of a voucher. Unless otherwise stated, the validity period of the credited voucher corresponds to the validity period of the voucher used for the order.

(7) Passing on or transferring the voucher is permitted.

§ 5 Right of retention, retention of title

(1) You may exercise a right of retention only insofar as the claims arise from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 6 Warranty

(1) The statutory rights in respect of defects apply.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as quickly as possible. If you fail to do so, this shall have no effect on your statutory warranty claims.

(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

§ 7 Choice of law, place of performance, place of jurisdiction

(1) German law shall apply. In the case of consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence (principle of favourability).

(2) The place of performance for all services arising from the business relationships existing with us, as well as the place of jurisdiction, is our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you have no general place of jurisdiction in Germany or the EU, or if your domicile or habitual residence is not known at the time the action is brought. The right to bring proceedings before a court at another statutory place of jurisdiction remains unaffected by this.

(3) The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.

II. Customer Information

1. Identity of the seller

Tom´s Company GmbH

Knappenweg 6

66578 Schiffweiler

Germany

Telephone: +49 6821 634580

Email: info@tomscompany.com

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

2. Information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options take place in accordance with the provisions on the “Conclusion of the contract” in our General Terms and Conditions (Part I.).

3. Contract language, storage of the contract text

3.1. The contract languages are German, English, Italian and French.

3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser’s print function or saved electronically. After receipt of the order by us, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.

3.3. In the case of requests for offers outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.

4. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and payment terms

5.1. The prices stated in the respective offers, as well as the shipping costs, constitute total prices. They include all price components, including all applicable taxes.

5.2. The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless delivery free of shipping costs has been promised.

5.3. If delivery is made to countries outside the European Union, further costs for which we are not responsible may be incurred, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees charged by credit institutions), which are to be borne by you.

5.4. Costs incurred for money transfers (transfer or exchange rate fees charged by credit institutions) are to be borne by you in those cases in which delivery is made to an EU Member State but payment was initiated outside the European Union.

5.5. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.

5.6. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

6. Delivery terms

6.1. The delivery terms, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

6.2. Insofar as you are a consumer, it is stipulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment passes to you only upon handover of the goods, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the trader or a person otherwise appointed to carry out the shipment.

7. Statutory liability for defects

Liability for defects is governed by the provision on “Warranty” in our General Terms and Conditions (Part I).

These General Terms and Conditions and customer information were prepared by the lawyers of the Händlerbund specialising in IT law and are permanently checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and accepts liability in the event of warning notices. Further information on this can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

 

Right of Withdrawal for the Sale of Goods

Right of Withdrawal for Consumers

(A consumer is any natural person who concludes a legal transaction for purposes which are predominantly outside their trade, business or profession.)

Withdrawal Instructions

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day

• on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods, where you have ordered one or more goods in a single order and they are delivered together;
• on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last of the goods, where you have ordered multiple goods in a single order and they are delivered separately;
• on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece, where you have ordered goods consisting of multiple lots or pieces which are delivered separately;

To exercise the right of withdrawal, you must inform us (Tom´s Company GmbH, Knappenweg 6, 66578 Schiffweiler, phone no.: +49 6821 634580, e-mail address: retoure@tomscompany.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

You may also exercise your right of withdrawal online by using a correspondingly designated button (“Withdraw from contract” or a similar designation) on our website (www.tomscompany.com). If you use this online function, we will send you an acknowledgement of receipt without delay on a durable medium (e.g. by e-mail), including information on the content of the withdrawal declaration and the date and time of its receipt.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

In the case of goods that can be sent by parcel, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

We will collect the goods that cannot be sent by parcel.

You shall send back or hand over the goods that can be sent by parcel to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods that can be sent by parcel before the period of 14 days has expired.

You will have to bear the direct cost of returning the goods that can be sent by parcel as well as the direct cost of returning the goods that cannot be sent by parcel. The cost for the goods that cannot be sent by parcel is estimated at a maximum of approximately EUR 200.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Grounds for exclusion or expiry

The right of withdrawal does not exist in the case of contracts

• for the supply 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;
• for the supply of goods which are liable to deteriorate rapidly or whose expiry date would be exceeded rapidly;
• for the supply of alcoholic beverages, the price of which was agreed upon at the time of conclusion of the contract, but which can be delivered only after 30 days at the earliest following the conclusion of the contract, and whose actual value depends on fluctuations in the market which cannot be controlled by the trader;
• for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts.

The right of withdrawal expires prematurely in the case of contracts

• for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene, where their seal has been removed after delivery;
• for the supply of goods which, after delivery, have, according to their nature, been inseparably mixed with other items;
• for the supply of sound or video recordings or computer software in a sealed package, where the seal has been removed after delivery.

Model withdrawal form

(If you wish to withdraw from the contract, please complete and return this form.)

• To Tom´s Company GmbH, Knappenweg 6, 66578 Schiffweiler, e-mail address: retoure@tomscompany.com:
• I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods ()/for the provision of the following service (*)
• Ordered on ()/received on ()
• Name of consumer(s)
• Address of consumer(s)
• Signature of consumer(s) (only if this form is notified on paper)
• Date

(*) Delete as appropriate.