General terms and conditions Tom&Jenny
General Terms of Business Tom&Jenny
The following general terms and conditions govern the contractual relationship between Tom&Jenny GmbH (hereafter "Seller" or "Tom&Jenny") and consumers (hereafter referred to as "Customers") who purchase goods from www.tomundjenny.com (hereinafter "Onlineshop").
Tom&Jenny will only accept orders from private customers who have reached the age of 18 and whose invoice and delivery address is within the Federal Republic of Germany, Austria, UK, Netherlands, France, Italy, Belgium, Czech Republic, Denmark, Greece, Hungary, Ireland, Luxembourg, Portugal, Poland, Slovenia, Spain, Sweden or Switzerland.
2. CONTRACTING PARTY
The contracting partner of the customer is
E-mail: info (at) tomundjenny.com
Commercial register: District court Berlin (Charlottenburg) HRB 182758
Managing Director (authorized representative):
Conradin Graf zu Castell-Castell, Ackerstraße 2, 10115 Berlin
3. CONTRACT CLOSING, DELIVERY
3.1. The representations of the products of the vendor are a noncommitting invitation to the customer to make a binding purchase offer by ordering goods.
3.2. After entering his data by clicking on the button "binding order" Tom&Jenny offers a legally binding offer to conclude a purchase contract with the products contained in the virtual shopping cart. Through the ordering process, Tom&Jenny informs the customer about the possibilities to correct the entered data. Before dispatching the order, the customer can again view the essential characteristics of the goods, individual prices and total price, shipping costs and the possible means of payment and correct input errors.
3.3. Tom&Jenny is entitled, but not obligated, to accept the customer's purchase offer by sending an order confirmation by e-mail within 2 business days (Monday - Friday) from receipt of the order onwards. By Tom&Jenny sending the order confirmation an effective purchase contract comes into being. After expiry of the deadline stated in sentence 1 (deadline is the expiry of the second working day after receipt of the order) the offer of the customer shall be deemed rejected, the customer is no longer bound to his offer.
4. PRICES / SHIPPING COST / RETURN COSTS
4.1. All prices quoted in the onlineshop are final prices. I.e. they are inclusive of the respective statutory value-added tax.
4.2. For shipping within Germany Tom&Jenny uses DHL and charges shipping costs of €4,50 per order. In the case of exercising the legal right of revocation (see paragraph 13), the customer bears the immediate costs of returning the goods. For shipping to Austria, UK, Netherlands, France, Italy, Belgium, Czech Republic, Denmark, Greece, Hungary, Ireland, Luxembourg, Portugal, Poland, Slovenia, Spain, Sweden or to Switzerland we use the services of Deutsche Post (uninsured) and we charge €4,50 per order. For customers, who chose one of our subscription offers, Tom&Jenny bears the shipping costs.
The payment of products bought from the Tom&Jenny onlineshop can only be made by means of the payment terms specified by the customer when ordering.
5.1. For payment by credit card Tom&Jenny accepts the credit cards specified in the ordering process, if these have been issued for a credit card account registered in Germany, Austria, UK, Netherlands, France, Italy, Belgium, Czech Republic, Denmark, Greece, Hungary, Ireland, Luxembourg, Portugal, Poland, Slovenia, Spain, Sweden or Switzerland. Tom&Jenny will debit the credit card account of the customer only with the dispatch of the goods.
5.2. Tom&Jenny accepts payment via Paypal. Payments with Paypal are handled by Paypal (Europe) S.a.r.l. Et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, Agent: Robert Caplehorn, Commercial Register: R.C.S. Luxembourg B 118349. In the case of payment via Paypal, the goods are immediately sent to the customer upon confirmation of the successful completion of the payment by Paypal of the customer. The payment collection is made with the dispatch of the goods.
5.3. Tom&Jenny also offers immediate transfer as payment. The customer requires only the account number, bank code, PIN and TAN. The secured payment form for Sofort AG, which is not accessible to dealers, automatically converts your input data into a transaction from your bank account in real-time. The purchase amount is immediately and directly transferred to the bank account of Tom&Jenny. Tom&Jenny does not charge any costs, but only the usual fees (transfer fee) of the customer's house bank.
When the payment method "immediate transfer" is selected, a pre-filled form opens at the end of the ordering process. This already contains the bank account of Tom&Jenny. In addition, the transfer amount and the purpose of use are already displayed in the form. The customer then has to select the country in which he has his online banking account and enter the bank code of his bank. Subsequently, he enters the same data as when logging on to online banking (account number and PIN) and confirms his transfer request by entering the TAN. Immediately afterwards, the transaction is confirmed.
In principle, any Internet user, who has an activated online banking account with PIN / TAN procedures can use "immediate transfer" as a payment method. However, for a few banks "immediate transfer" is not yet available. For more information on whether your bank supports this service, please visit: www.payment-network.com/de/user/sofortueberweisung-bankensuche.html.
If the immediate transfer is not resolved or the customer rejects the transfer, although he is not entitled to do so, the customer has to bear the fees arising from the repayment of the respective credit institution if he is responsible for this.
6. SHIPPING, DELIVERY
Tom&Jenny dispatches purchased goods immediately, at the latest on the first working day after conclusion of the purchase contract and delivers exclusively to the delivery address specified by the customer within Germany, Austria, UK, Netherlands, France, Italy, Belgium, Czech Republic, Denmark, Greece, Hungary, Ireland, Luxembourg, Portugal, Poland, Slovenia, Spain, Sweden & Switzerland.
7. PROPERTY RETENTION
The purchase item remains property of Tom&Jenny, until the final and complete settlement of all outstanding claims arising from the business relationship with the customer. The corresponding security rights are transferable to third parties.
8. WARRANTY (INFORMATION ON LIABILITY FOR DEFECTS)
The legal provisions for the guarantee apply, in particular §§ 437 ff of the German Civil Code (BGB), §§ 922 ff. ABGB apply for the application of Austrian law, Art. 197 ff. ZGB for the application of Swiss law.
9.1. Tom&Jenny also offers its products in the subscription with price advantage. The customer can determine the following variants during the ordering process:
· 3 year subscription, defined as 8 consecutive sizes (8 deliveries with consecutive sizes at the delivery times specified below) - the subscription can only be completed starting with size 56 or smaller;
· 2-year subscription, defined as 7 consecutive sizes (7 deliveries with consecutive sizes at the delivery times specified below) - can only be completed starting with size 62 or smaller;
· 1 year subscription, defined as 5 consecutive sizes (5 deliveries with consecutive sizes at the delivery times specified below) - can only be completed starting with size 74 or smaller.
· Because no baby grows like the other, and since growth thrusts depend on many factors and are not predictable, we usually send out rather too soon than too late. Unless otherwise agreed, Tom&Jenny will ship based on the given date of birth of the baby:
Size 50: immediately; Size 56: immediately or when the Subscription is started with size 50 2 weeks after birth; Size 62: 2.5 months after birth; Size 68: 5 months after birth; Size 74: 8 months after birth; Size 80: 11 months after birth; Size 86: 17 months after birth; Size 92: 23 months after birth; Size 98: 29 months after birth. By sending an email with the customer number, the sending of the next size can be triggered at an earlier time.
9.2. The price for the selected subscription will be fully charged in advance, the payment will be made according to § 5. The debit of the customer account is made with the first dispatch of subscription goods to the customer.
9.3. Termination A termination is possible at any time for both contracting parties without observance of a deadline. A termination can be made in writing, by email or via the website of Tom&Jenny.
9.4. If Tom&Jenny terminates the subscription agreement, the customer retains the price advantage of the subscription: Tom&Jenny reimburses the customer with the difference between the paid subscription price and the sum of the subscription prices of the subscribed goods already delivered upon termination; The customer is placed with regard to the purchase price as if he had purchased the goods individually at the subscription price.
If the customer terminates the subscription contract, he loses the price advantage of the subscription: Tom&Jenny only reimburses the difference between the paid subscription price and the sum of the normal prices of the subscribed goods already delivered upon termination. The customer is thus placed with regard to the purchase price as if he had bought the received goods at the normal price.
9.5. The dispatch to the customer takes place no later than the working day after the delivery time indicated in the order process, see also § 10.1.
9.6. Changes to the delivery address must be notified to Tom&Jenny by the 15th of the previous month of the respective delivery.
Tom&Jenny is liable without limitation in accordance with the applicable product liability laws in Germany, Austria and Switzerland, in cases of the express assumption of a guarantee or fraudulent misrepresentation, as well as deliberate or grossly negligent breach of duty. Tom&Jenny is also liable without limitation in the case of willful or negligent injury to life, body or health. Tom&Jenny is only liable for material and property damages caused by negligence only in case of violation of such obligations, which fulfill the proper execution of the contract at all and which the customer may trust in a particular degree ("substantial contractual obligations") Contract-foreseeable, contract-type damage.
11. RIGHT OF WITHDRAWAL
Customers of the Tom&Jenny online shop have a legal (customer from Switzerland: a contractual) right of revocation. The following cancellation policy corresponds to German and Austrian law, the Swiss customer is granted the contractual right of revocation.
Right of revocation
A) As a consumer, you have the right to revoke this contract within 14 days without giving reasons.
The period of revocation amounts to 14 days from the date on which you or a third party you designate, which is not a carrier, has taken possession of the goods (seizure).
In order to exercise your right of revocation, you must inform us (Tom&Jenny GmbH, Ackerstraße 2, D-10115 Berlin, E-Mail: info (at) tomundjenny.com) by means of a clear declaration (e.g. a letter, fax or E-Mail) about your decision to revoke this contract. In order to keep the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this agreement, we will reimburse all the payments we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us) within a period of 14 days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we will use the same means of payment you have used in the original transaction, unless you have expressly agreed otherwise; In no case will you be charged for these repayment fees. We can refuse the repayment until we have recovered the goods or until you have proved that you have returned the goods, whichever is earlier. You must return the goods to us immediately or in any case at the latest within 14 days from the date on which you inform us of the revocation of this contract. The deadline is respected if you send the goods before the deadline of 14 days. The Customer bears the direct costs of returning the goods. You must only pay for possible loss of value of the goods if this loss of value is attributable to a handling which is not necessary for the examination of the quality, characteristics and function of the goods. END OF REVOCATION
Please avoid any damage or contamination of the goods which you wish to return.
B) Model revocation form
If you wish to revoke the contract, you can also use the following sample revocation form instead of your own unambiguous declaration, and send it to us (Tom&Jenny GmbH, Ackerstraße 2, D-10115 Berlin, info (at) tomundjenny.com).