General Terms and Conditions with Customer Information
1. Scope of Application
2. Offers and Service Descriptions
3. Order Process and Conclusion of Contract
4. Prices and Shipping Costs
5. Delivery, Product Availability
6. Payment Methods
7. Retention of Title
8. Warranty for Defects and Guarantee
9. Liability
10. Storage of Contract Text
11. Final Provisions
12. Gift Vouchers
13. Promotional Sets and Bundle Offers
1. Scope of Application
1.1. For the business relationship between
Tom+Hatty
Johannes-Müller Str. 27
D-50735 Cologne
Management: Ivy Bossert
Phone number: +4922171580600
Email address: info@tomhatty.com
VAT ID number: DE815337304
(hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”), the following General Terms and Conditions shall apply exclusively in their version valid at the time of the order.
1.2. You can reach our customer service for questions, complaints and claims on weekdays from 9:00 AM to 6:00 PM by email at info@tomhatty.com
1.3. A consumer in the sense of these GTC is any natural person who concludes a legal transaction for a purpose that is predominantly neither commercial nor their independent professional activity (§ 13 German Civil Code (BGB)).
1.4. Deviating terms and conditions of the customer are not recognized, unless the seller expressly agrees to their validity.
2. Offers and Service Descriptions
The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogs as well as on the seller's websites do not have the character of an assurance or guarantee.
All offers are valid "while stocks last", unless otherwise noted for the products. Errors excepted.
3. Order Process and Conclusion of Contract
3.1. The customer can select products from the seller's assortment without obligation and collect them in a so-called shopping cart by clicking the "add to cart" button. Within the shopping cart, the product selection can be changed, e.g. deleted. Subsequently, the customer can proceed to complete the order process within the shopping cart by clicking the "proceed to checkout" button.
3.2. By clicking the [order with obligation to pay] button, the customer submits a binding offer to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time, and go back to the shopping cart using the browser's "back" function or cancel the order process entirely. Required information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic acknowledgment of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic acknowledgment of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the offer. The purchase contract is only concluded when the seller ships or hands over the ordered product to the customer within 2 days, or confirms the shipment to the customer within 2 days with a second email, explicit order confirmation or by sending the invoice.
3.4. If the seller allows payment in advance, the contract is concluded with the provision of bank details and the payment request. If payment is not received by the seller despite its due date, even after a renewed request, within 10 calendar days after sending the order confirmation, the seller withdraws from the contract, with the consequence that the order becomes void and the seller has no delivery obligation. The order is then settled for both buyer and seller without further consequences. A reservation of the item for advance payments is therefore made for a maximum of 10 calendar days.
4. Prices and Shipping Costs
4.1. All prices stated on the seller's website include the applicable statutory value-added tax.
4.2. In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the order process.
5. Delivery, Product Availability
5.1. If payment in advance has been agreed, delivery will take place after receipt of the invoice amount.
5.2. Should the delivery of the goods fail due to the fault of the buyer despite three delivery attempts, the seller may withdraw from the contract. Any payments already made will be refunded to the customer without delay.
5.3. If the ordered product is not available because the seller is not supplied with this product by its supplier through no fault of its own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller will immediately refund any consideration already provided to the customer.
5.4. Customers are informed about delivery times and delivery restrictions (e.g. restrictions on deliveries to certain countries) on a separate information page or within the respective product description.
6. Payment Methods
6.1. The customer can choose from the available payment methods during and before the completion of the order process. Customers are informed about the available payment methods on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third-party providers are commissioned with payment processing, e.g. Paypal, their General Terms and Conditions apply.
6.4. If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer has to pay the statutory default interest.
6.5. The customer's obligation to pay default interest does not exclude the seller from asserting further damages caused by default.
6.6. The customer is only entitled to offset if their counterclaims have been legally established or acknowledged by the seller. The customer can only exercise a right of retention insofar as the claims arise from the same contractual relationship.
7. Retention of Title
The delivered goods remain the property of the seller until full payment has been made.
8. Warranty for Defects and Guarantee
8.1. The warranty is determined by statutory provisions.
8.2. A guarantee exists for the goods delivered by the seller only if it has been expressly given. Customers are informed about the guarantee conditions before initiating the order process.
9. Liability
9.1. For the seller's liability for damages, the following exclusions and limitations of liability apply, notwithstanding other statutory claim requirements.
9.2. The seller is liable without limitation insofar as the cause of damage is based on intent or gross negligence.
9.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the contract purpose, or for the breach of duties, the fulfillment of which is essential for the proper execution of the contract and on whose observance the customer regularly relies. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of duties other than those mentioned in the preceding sentences.
9.4. The aforementioned limitations of liability do not apply in case of injury to life, limb, and health, for a defect after the assumption of a guarantee for the quality of the product, and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. Insofar as the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
10. Storage of Contract Text
10.1. The customer can print out the contract text before submitting the order to the seller by using the print function of their browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all order data to the email address provided by them. With the order confirmation, but no later than upon delivery of the goods, the customer also receives a copy of the General Terms and Conditions, including the cancellation policy and information on shipping costs, as well as delivery and payment conditions. If you have registered in our shop, you can view your placed orders in your profile area. In addition, we store the contract text, but do not make it accessible on the Internet.
Note: Please note below that the link http://ec.europa.eu/consumers/odr/ must be clickable
11. Final Provisions
11.1. The place of jurisdiction and performance is the seller's registered office if the customer is a merchant, a legal entity under public law, or a special fund under public law.
11.2. The contract language is German.
11.3. European Commission's Online Dispute Resolution (ODR) platform for consumers: http://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
12. Gift Vouchers
12.1. Vouchers that can be purchased via the seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the seller's online shop at www.tomhatty.com.
12.2. Gift vouchers and any remaining credit can be redeemed until the end of the third year following the year of voucher purchase. Remaining credit will be credited to the customer until the expiration date.
12.3. Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
12.4. Only one gift voucher can be redeemed per order, unless otherwise specified in individual cases.
12.5. If the credit of a gift voucher is not sufficient for the order, the difference can be paid using one of the offered payment methods.
12.6. The credit of a gift voucher will neither be paid out in cash nor accrue interest.
12.7. The gift voucher is transferable. The seller can make payment with exonerating effect to the respective holder of the voucher. This does not apply if the seller has knowledge or grossly negligent ignorance of the holder's lack of authorization, legal capacity, or power of representation.
12.8. The seller assumes no liability for loss, theft, or illegibility of the voucher.
12.9. If an order for which a gift voucher was redeemed is completely or partially cancelled within the scope of the statutory right of withdrawal or as a gesture of goodwill, the refund of the redeemed voucher value will be made by issuing a new voucher. No cash payment will be made.
13. Promotional Sets and Bundle Offers
13.1. Products offered as sets or bundles are a combination of several items offered at a discounted total price. The granted price advantage applies exclusively to the purchase of the complete set.
13.2. In the event of a partial return of individual components of a set, the granted set discount will be proportionally or entirely forfeited. In this case, the price of the items retained by the customer will be adjusted to their regular individual selling price.
13.3. The refund will be based on the actual payment made, taking into account the adjustment according to section 13.2. The originally granted set discount will be corrected accordingly and included in the calculation of the refund amount.
13.4. If a discounted set is purchased and a part of it is returned, the regular individual price will be applied to the items retained by the customer. The refund amount will be reduced accordingly.