As of October 21st, 2013
1. Validity of these General Terms and Conditions
Only these terms and conditions apply to the sale of merchandise by us. Any other terms and conditions will only apply if we have accepted them.
We sell merchandise solely to end users and only in normal household volumes.
These General Terms and Conditions apply to all contracts concluded by a consumer or business entity with the supplier with regards to the products and/or services offered by the supplier through the online shop and/or through the use of the online order form of the supplier. The inclusion of the customer’s own terms or conditions is herewith excluded, unless otherwise stipulated.
2. Contract Closure
The presentation of our merchandise invites you to submit a purchase offer in the form of an order. Clicking the “Send order” button in the last stage of the ordering process issues a binding order. As soon as we have received your order, you will receive an automatically generated order confirmation and invoice by email. This invoice represent a binding purchase contract.
3. Prices, Payment and Delivery
The delivery of the ordered merchandise will be made to the delivery address specified by the ordering party.
If one or more of the items you have ordered are sold out at the time of ordering, we will not be able to accept your order.
We will then inform you immediately by email if this should be the case.
All prices specified for merchandise in the online shop already contain the relevant valid VAT.
Costs relating to the delivery will be charged separately.
The delivery of the goods takes place via postal mailing and only after payment was done. Payment can be done via credit card, PayPal or advance payment.
We reserve the right to limit the use of the payment methods named above to one or more of the options listed.
Please note that agreements you may have with your credit institute or other institutions may result in additional costs for electronic transfers, holding an account, etc.
Technical changes to the goods, or changes in shape, color and/or weight, may apply.
4. Retention of Title
Until such time as full payment has been received, the merchandise remains our property.
5. Cancellation Policy of the Consumer
You have the right to cancel your contract (e.g. by phone, mail, email) without providing any particular reason within the first 14 days. The cancellation period begins when this information has been received in writing, but not before the recipient has received the goods (in the case of repeated deliveries of similar goods, not before the first partial delivery has been made) and not before our informational obligations have been fulfilled. The cancellation period is observed by simply sending the cancellation or the goods within the stated timeframe.
In addition, the customer shall be entitled to the statutory rights of revocation and reduction in price in all cases of defects occurring during the term of the warranty, provided the statutory conditions apply.
Where the customer wishes to claim damages in lieu of performance for a defect and the goods are capable of being repaired, a repair shall only be deemed failed after the second unsuccessful attempt. The statutory regulations concerning the dispensability of the fixing of a time- limit shall remain unaffected.
The cancellation is to be addressed to:TobyRich GmbH
+49 421 3658 3219
Consequences of Cancellation
In the event of an effective return, it must be ensured that the services received by both parties are returned along with any benefits gained as a result (e.g. advantages of use). In the event of the merchandise showing wear, compensation may be demanded. This is not the case when the wear on the goods can be compared to the type of testing that would, for example, have been possible in a store. By the way, you can avoid the obligation to provide compensation, for wear caused by using the product in a way that is not intended, by treating the items as if they are not your property and not doing anything that may affect their value. Obligations for the repayment of payments made must be fulfilled within 30 days. The deadline begins for you with the sending of the merchandise or issuing a collection request and for us with receipt of the same.
For brand new goods claims of defects are subject to limitation 12 months after
delivery. This shall not apply in cases of injury to life, body or health and in the case of intentional act and gross negligence. This shall not affect the statutory provisions regarding suspension and the recommencement of the time limits.
Any warranty claims shall be excluded in the case of merely a slight deviation from the agreed quality, an immaterial impairment to utility, natural wear and tear or damage which occurs after the passing of risk as a result of improper treatment, excessive strain, unsuitable operating materials, failure to observe the operating instructions, defective preconditions on the customer’s premises or technical details provided by the customer or due to external influences which were not foreseen when the contract was formed. This shall also apply if there have been interventions or changes made to the goods by the customer or by third parties without our prior written consent.
- End of Cancellation Policy -
6. Delivery Policy
We will arrange for the products to be delivered to the address for delivery indicated in your order.
We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, within 2 days of the date of our order confirmation.
7. Terms of Payment
The payment is to be made elective by advance payment, PayPal or credit card. We reserve the right to exclude certain payment.
Your legal guarantee claim period is 2 years and starts with receipt of the merchandise. During this time, we will eliminate all faults that fall under the legal guarantee obligation. You can demand either the elimination of the fault, or the delivery of a fault-free item, although the right to choose may be limited by the existence of legal prerequisites. If it is not possible to provide a replacement, you may choose to withdraw from the sales contract or to accept a discount. By the way, the legal claim for damages only applies to the replacement of damages not compensation/replacement for any failed attempts on your part to repair item. In the event of a fault occurring within 6 months of delivery, it is probable that the goods were already faulty when purchased. If the fault shows more than 6 months after delivery, the purchaser is responsible for proving that the fault was already inherent when the purchased object was delivered.
The European Commission offers a platform for online dispute resolution (ODR). Please refer to http://ec.europa.eu/consumers/odr/.
All personal data is fundamentally treated in the strictest of confidence. Your personal data is used to enable the optimum handling of the order, to deliver the merchandise, and to provide services and to handle payments. For this purpose, we pass your data on to authorised service providers and, if necessary, to associated companies.
For the purpose of payment processing the necessary data is stored both on our server and on the servers of the companies we have authorized to handle payment processing.
10. UN Convention on Contracts for the International Sale of Goods
German law applies. The UN convention is thus excluded.
(End of General Terms and Conditions)