General terms and conditions with customer information
1.1 These General Terms and Conditions (hereinafter “Terms and Conditions”) of TONART GmbH (hereinafter “Seller”) apply to all contracts that a consumer or entrepreneur (hereinafter “Customer”) enters into with the Seller regarding the information provided by the Seller in his online shop the goods and/or services presented. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These General Terms and Conditions apply accordingly to the purchase of vouchers, unless otherwise expressly stipulated.
1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
2. Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but rather serve to make a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking on the button that completes the ordering process .
2.3 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing their order.
If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4 If the customer selects “PayPal Express” as the payment method during the online ordering process, he also issues a payment order to his payment service provider by clicking the button that completes the ordering process. In this case, in deviation from Section 2.3, the seller declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process by clicking on the button that completes the ordering process.
2.5 The deadline for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer.
2.6 When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after sending his order along with these general terms and conditions. In addition, the contract text is archived on the seller's website and can be accessed free of charge by the customer via his password-protected customer account by providing the relevant login details, provided that the customer has created a customer account in the seller's online shop before sending his order.
2.7 Before bindingly submitting the order via the seller's online order form, the customer can continually correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the order is bindingly submitted and can also be corrected there using the usual keyboard and mouse functions.
2.8 Only the German language is available for concluding the contract.
2.9 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he provided to process the order is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3. Right of withdrawal
Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the seller's cancellation policy.
4. Prices and payment terms
4.1 Unless otherwise stated in the seller's offer, the prices stated are final prices and include statutory sales tax. Any additional delivery and shipping costs that may arise will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for transferring money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties).
4.3 Various payment options are available to the customer, which are specified in the seller's online shop.
4.4 If advance payment has been agreed, payment is due immediately after conclusion of the contract.
5. Delivery and shipping conditions
5.1 Goods are delivered by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer will bear the costs for the unsuccessful shipping. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service to him a reasonable time in advance had.
5.3 In the case of self-collection, the seller first informs the customer by email that the goods he has ordered are ready for collection. After receiving this email, the customer can pick up the goods at the seller's headquarters after consultation with the seller. In this case, no shipping costs will be charged.
5.4 In the event of a return, the value of the return will be deducted from the original order value. Shipping is free for orders over €100. If the order value after deducting the return is less than €100, the delivery costs of the order will be charged. For example, if a customer orders a value of €120 with free shipping and then returns a value of €60, the original order value is €60. The order then no longer meets the requirement for free shipping. The costs of shipping the goods to the customer will not be refunded under any circumstances.
6.1 WORST BEHAVIOR guarantees a full refund provided that all items are returned in the condition in which they were received. This means that the items must not be damaged, dirty, washed, altered or worn (with the exception of trying them on). In addition, all tags and labels must be intact.
6.2 Since underwear and swimwear are hygiene items, they cannot be exchanged.
6.3 If the goods are nevertheless returned, WORST BEHAVIOR will send the goods back to the customer and invoice for this shipping.
7. Retention of title Returns
If the seller makes advance payments, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.
8. Liability for defects
Statutory liability for defects applies.
9. Applicable Law
9.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
9.2 If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's registered office.