General Terms and Conditions - Status 15.05.2018
§ 1 Scope
These General Terms and Conditions apply to all orders placed by consumers (§ 13 BGB), hereinafter referred to as "Purchaser", via the TONI online shop of
TONI DRESS DAMENMODEN GMBH
Managing Directors: Markus Schreiber, Marion Dierks
Commercial register entry: Local Court Bamberg
Registry number: HRB 1613
VAT Identification number according to § 27a UStG: DE 811 158 205
(hereinafter referred to as "TONI") (sale of consumer goods) and only in the Federal Republic of Germany.
For business customers ("companies" within the meaning of § 14 BGB) deviating terms and conditions generally apply; these are the standard terms and conditions of the German textile industry (as of 01.01.2015).
The contractual partner of the customer or the company is TONI DRESS DAMENMODEN GMBH.
All deliveries and services provided by TONI shall only be made on the basis of the following GTC in the version valid at the time of the respective order placed by the purchaser or the company. Deviating conditions of the purchaser are not recognised unless TONI expressly agrees to their validity in writing.
Individual contractual agreements take precedence over these General Terms and Conditions. Deviating, conflicting or supplementary general terms and conditions of business shall not become part of the contract unless their validity is expressly agreed upon.
§ 2 Offers and conclusion of the contract
All offers are always subject to change and non-binding.
The purchaser orders the goods offered in the TONI online shop directly on the Internet (www.toni-fashion.de).
The customer must be 18 years of age. Customers under 18 years of age require the consent of their legal representative.
TONI will immediately confirm the receipt of the order placed via the online shop by e-mail. Such an e-mail does not yet constitute a binding acceptance of the order, unless it declares acceptance in addition to confirmation of receipt.
The purchase contract between TONI DRESS DAMENMODEN GMBH and the customer is only concluded upon a declaration of acceptance. This can be done either by sending the goods or by sending an order confirmation in text form.
The minimum order value is 20,-- € (net). Orders below the minimum order value cannot be processed.
§ 3 Prices
The prices quoted on the product pages are in EURO and include the applicable statutory value added tax.
Vouchers can be redeemed in the TONI online shop. Only one voucher code per order can be redeemed when ordering, whereby the order value must correspond at least to the voucher value. Vouchers cannot be redeemed for specially marked items.
§ 4 Shipping countries and shipping costs
Delivery will be made to the following countries at the stated shipping costs:
Germany - free shipping
Netherlands - free shipping
Belgium - free shipping
Austria - free shipping
§ 5 Delivery conditions
Deliveries are made within Germany and internationally with DHL or a contractual partner of DHL ("parcel delivery company").
Unless otherwise stated in the offer, the delivery time within Germany is 1-3 working days from receipt of payment, or from receipt of the order confirmation for purchases on account (Germany only). If 14 calendar days exceeding the non-binding delivery date have passed, the buyer may request in writing that TONI deliver within a reasonable period of time; upon receipt of the request TONI shall be in default.
If not all products are in stock, TONI is entitled to cancel their order. Any payments made shall be reimbursed to the customer without delay.
Should the delivery of the goods fail despite delivery attempt and notification by the parcel carrier, TONI can withdraw from the contract. Any payments made shall be reimbursed to the customer without delay.
Should products ordered by the purchaser not be available because individual products were not delivered by suppliers despite the prior conclusion of a corresponding purchase contract, TONI may withdraw from the contract. In this case TONI will immediately inform the purchaser and, if necessary, propose the delivery of a comparable product. Should a comparable product not be available or the purchaser not wish the delivery of a comparable product, TONI will immediately exercise its right of withdrawal and refund any payments made to the purchaser without delay. TONI's liability for intent or negligence remains unaffected in accordance with § 11 of these conditions.
The use of the articles for advertising purposes or in the context of sweepstakes is permissible only with previous agreement of TONI.
§ 6 Payment / Payment Methods
The customer can pay for the items by credit card, Paypal, in Germany by giropay or, on established creditworthiness, on account.
With the invoice payment method (Germany only), the customer undertakes to pay the invoice amount within 14 calendar days after receipt of the goods, without any deduction of discount. The invoice is usually sent together with the goods. In the interest of our customers, TONI checks each order with the necessary care according to its own business policy and internal credit guidelines, and/or taking into account a credit check. Your data will be processed within the framework of the credit assessment on the basis of Art. 6 (1) (b) GDPR and Art. 6 (1) (f) GDPR. In principle, we have a legitimate interest in a credit check when you select an uncertain method of payment (purchase on account). Following a credit check, TONI reserves the right not to offer the purchase on account in order to hedge credit risk. In this case the customer can select an alternative payment method of credit card, Paypal or giropay. Further explanations regarding credit assessment can be found in our Data Protection Declaration under §8 Payment Systems - Credit Assessment and Scoring - Data Transfer in the Event of Default in Payment. If you have further questions, please contact our customer service (contact details: firstname.lastname@example.org).
When paying by credit card, the orderer's account is debited when the goods are dispatched.
PayPal is an online payment service that allows you to make secure, easy, quick and, most importantly, free payments in online shops.
• Secure: Your bank and credit card details are only stored with PayPal and are not resent over the internet for each new online purchase.
• Easy: You pay with only two clicks. Access your bank and credit card details stored with PayPal instead of reentering them for every online purchase.
• Quick: PayPal payments are transferred quickly. That way, TONI can send your product immediately and you will receive it sooner.
If you choose giropay (Germany only) as a payment method, after entering your bank code you will be securely redirected from the merchant's shop to your bank's online banking portal. Here you log in as usual with your account number and PIN. The system automatically displays a bank transfer containing all the purchase details: Invoice amount, purpose and merchant bank details. You authorize the transfer by entering a TAN. In the third and final step of a giropay transfer you will receive a confirmation of successful payment that you can print out. At the same time, TONI automatically receives a payment confirmation and can then arrange for the immediate dispatch of your goods.
7 Default in payment
All payments of the purchase price are due immediately upon delivery and are to be made without deduction. The buyer is in default insofar as he has not paid 14 calendar days after delivery, without further communication required from TONI. If a calendar date is agreed upon for the service, late payment will result in default without the need for a reminder. In the event of the existence of defects, the buyer shall not be entitled to a right of retention if retention is not in reasonable proportion to the defects and the probable costs of supplementary performance (in particular rectification of defects).
After default of payment TONI will hand over the claim to a debt collection agency or a lawyer for the purpose of collecting the claim. TONI has granted corresponding authority to Akzepta Inkasso GmbH - Registered Collection Services Provider, registered in the commercial register entry of the Traunstein district court under HRB 9299, Jahnstr. 31, 83278 Traunstein, to operate in the name and on behalf of the online shop of TONI for these purposes.
The right of TONI to withdraw from the contract and to demand the return of the delivered goods remains unaffected.
In case of default of payment TONI reserves the right to charge a reminder fee of 5,-- €. The customer reserves the right to prove at any time that the charges asserted were lower in individual cases. In this case, the customer is only obliged to pay the lesser amount.
§ 8 Offsetting
Offsetting payment claims from TONI is permitted only in the case of legally established or undisputed claims.
§ 9 Retention of title
The goods remain the property of TONI until full payment. Prior to the transfer of ownership, pledging, transfer by way of security, processing or alteration is not permitted without the consent of TONI.
The purchaser must inform TONI immediately in writing of any access by third parties, in particular of enforcement measures and/or other restrictions on its property. The purchaser shall reimburse TONI for all damages and costs arising from a breach of this obligation and from necessary intervention measures against access by third parties.
If the purchaser operates contrary to the contract, especially if the purchaser does not fulfil his payment obligation despite a reminder from TONI, TONI can withdraw from the contract after setting an appropriate deadline and demand the return of the goods still in the purchaser's possession. The reclamation of goods by TONI constitutes a withdrawal from the contract. The transport costs incurred in this context shall be borne by the customer. The seizure of goods by TONI always constitutes a withdrawal from the contract. After receiving the goods, TONI is entitled to sell them. The proceeds of the sale are to be set off against TONI's liabilities - less reasonable costs of sale.
§ 11 Liability
Irrespective of the following limitations of liability TONI is liable in accordance with the statutory provisions for damages to life, limb and health resulting from a negligent or intentional breach of duty by the company, its legal representatives or vicarious agents; damages subject to liability under the Product Liability Act; and for all damages which are based on intentional or grossly negligent breaches of contract and malice by TONI, its legal representatives or its vicarious agents.
TONI is also liable for damages caused by simple negligent violation of contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the purchaser regularly relies and may rely. The same applies if the buyer is entitled to claims for damages instead of performance. However, TONI is only liable if the damage is typically associated with the contract and is foreseeable.
Further liability for TONI is excluded regardless of the legal nature of the asserted claim; this also applies in particular to tortious claims or claims for reimbursement of fruitless expenditure instead of performance. Insofar as TONI's liability is excluded or limited, this also applies to the personal liability of its employees, workers, staff, representatives and vicarious agents. A change in the burden of proof to the disadvantage of the buyer is not connected with the above regulations.
§ 12 Warranty
The warranty is subject to legal regulations. Please contact our service center (Tel: 09191/83 456 or email@example.com) for a rapid fulfillment of your warranty claims.
§ 13 Out-of-court complaint procedure / online dispute resolution
Since 15 February 2016, the EU Commission has provided an online platform (also referred to as the "dispute resolution platform") for out-of-court settlement. This gives consumers the opportunity to settle disputes in connection with their online order without the intervention of a court. The dispute resolution platform is available at the external link http://ec.europa.eu/consumers/odr/ erreichbar.
§ 14 Dispute resolution proceedings before a consumer arbitration board
TONI is not prepared nor obliged to participate in dispute resolution proceedings before a consumer arbitration body.
§ 15 Place of jurisdiction / applicable law
Differences of opinion and disputes arising from this contract shall be governed exclusively by the law of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
The sole place of jurisdiction for orders placed by merchants, legal entities under public law or special funds under public law is Forchheim.
1. Information about TONI and summonable address
TONI DRESS DAMENMODEN GMBH, Konrad-Ott-Str.1, 91301 Forchheim
Managing Directors: Markus Schreiber, Marion Dierks, Registry Court Bamberg, HRB 1613
Service Hotline: Monday to Friday from 08:00 to 20:00 and Saturday from 09:00 to 13:00. 09191 / 83 456
2. Information on the essential characteristics of the goods offered
The essential characteristics of the goods TONI offers can be found in the individual product descriptions, within the context of the product presentation.
3. Information about the reservation of non-delivery in case of unavailability
In accordance with § 5 of TONI's General Terms and Conditions (GTC), TONI reserves the right not to provide the promised service, and thus the delivery of the goods, in the event of their unavailability (see above).
4. Information on terms of payment, delivery and service
Payment by the purchaser is made in accordance with § 6 of the TONI General Terms and Conditions (see above) and delivery in accordance with § 5 of the TONI General Terms and Conditions (see above).
5. Information about statutory warranty rights
Statutory liability for defects shall apply.
6. Information on the technical steps leading to the conclusion of a contract
The contract is concluded by offer and acceptance.
6. 1 Procedure of an order/offer of the customer
If the customer has found a product in the offer of TONI that corresponds to his/her wishes, he/she can put the product into the shopping cart. If the customer wishes to view the shopping cart, he/she can do so at any time by clicking on the "Shopping cart" button. Products that the customer does not wish to order or can no longer order can be changed or deleted at any time by clicking on the button "change article" (changes the number of articles) or "delete article" (remove the selected article from the shopping cart). After all desired goods have been added to the shopping cart, the customer must enter his/her data. TONI has specially marked all mandatory data entry fields required for proper order processing.
At the end of the ordering process, the orderer must press the button (button) with the inscription ("Order with obligation to pay").
6. 2 Acceptance by TONI
The acceptance of the orderer's offer is made by TONI in accordance with § 2 of TONI's General Terms and Conditions (see above).
7. Information about contract storage and accessibility of the customer
The contract text is stored in the shop system of TONI DRESS DAMENMODEN GMBH. The customer can view the general terms and conditions on this website at any time. The data of the individual order, as well as the general terms and conditions, are automatically sent to the purchaser by e-mail. The data in the user account becomes available once the customer has completed the order by registering. Orders that are made without registration can no longer be viewed on the Internet after completion.
8. Information on technical means for detecting and correcting input errors
Before completing the order, the customer can correct his/her data at any time. This applies both to the number of goods ordered and to the selected goods themselves. For this purpose the customer can change his data by mouse or keyboard and remove goods from the shopping cart, as well as increase or decrease the number of individual goods to be ordered. In addition, all information on the order is displayed again before the order is completed, enabling the customer to correct it.
9. Information on languages available for the conclusion of the contract
Only German is available for the conclusion of contracts.