General Terms and Conditions
1. General Provisions
(1) These General Terms and Conditions (GTC) apply for all offers and services relating to the Internet platform www.toj.de. To the extent that a purchaser makes reference to his/her own terms and conditions or terms of purchase, these are hereby refuted.
(2) Individual contractual agreements prevail any general terms and conditions.
2. Conclusion of the contract
(1) The service descriptions contained on our webpages www.toj.de do not constitute an offer to conclude a purchase contract. Such an offer is submitted only with the purchaser’s online order using the contact form or by way of an order placed over the phone or in the written form. The confirmation of the receipt of the order sent out by us subsequently does not yet constitute the acceptance of this offer. The purchase contract comes into effect only after the receipt of the order confirmation. The purchaser is no longer bound to his offer (it ceases to exist), unless we have sent him/her the declaration of acceptance within five calendar days (calculated as of the receipt of the order in our house).
(2) If a declaration of acceptance that was received by the purchaser belatedly was sent out in a manner, in which it would have been received by the purchaser in due time, had it be regularly delivered, and if this should have been obvious to the purchaser, the purchaser is obliged to notify such delay immediately after the receipt of the declaration, unless this has not happened before. If the purchaser delays the dispatch of the notification, the acceptance is not regarded as delayed. In all other respects, the belated acceptance in our house is deemed as new offer for the conclusion of a purchase contract, which the purchaser can accept by way of an explicit declaration of acceptance or the acceptance of the goods.
3. Choice of law
The contractual relations between the parties to the purchase contract are subject to the laws of the Federal Republic of Germany. Exempted from this choice of law are the obligatory regulations on consumer protection of the country, in which the purchaser has his/her habitual abode. The applicability of the UN sales law (CISG) is excluded.
4. Prices, payment, delivery, shipping costs
(1) The remuneration contains the sales tax (value added tax) valid at the time of the order.
(2) In case of a contract is concluded, we offer various payment methods. Information about our other payment methods you can find under Payment possibilities.
(3) Information about shipping costs can be found under Shipping conditions.
5. Information under distant selling regulations
(1) The description of the goods is apparent from the presentations on the Internet under www.toj.de.
(2) The instructions regarding your statutory right of revocation as consumer, the exemptions from the revocation right, the premature extinction of such right, the withdrawal form, the consequences of such revocation, e.g. return delivery, return costs and value replacement can be found in clause 6 of our GTC “Instruction on Revocation”.
(3) The delivery is taking place at the latest within 5 working days (Monday through Friday, except for holidays) following the placement of a payment order with the remitting credit institution (in case of cash in advance) or after conclusion of the contract (in case of cash on delivery or purchase on account).
(4) We do not offer customer services, in particular no after-sales service, and do not give any guarantees ourselves.
(5) There are no out-of-court complaint proceedings or redress procedures to which we are subjected.
(6) All further information on our company, the offer and the processing of the purchase are apparent from the descriptions on our website.
6. Instruction on Revocation
Right of Revocation
As customer you are entitled to revoke this contract within 60 days without giving reasons.
The revocation period is 60 days as of the day, on which you or a third party nominated by you, who is not a carrier, took possession of the last merchandise.
In order to exercise your right of revocation, you have to inform us, toj.de, Retourenannahme, Langenharmer Weg 223, 22844 Norderstedt, Fax: 03212 / 1139885, E-Mail: email@example.com, about your decision to revoke this contract by sending us a clear declaration (e.g. letter sent by ordinary mail, facsimile or e-mail).
You can use the attached specimen revocation form; however, this is not mandatory for your revocation.
The deadline is deemed as met, if you send out the notice regarding the exercise of the right of revocation before the expiration of the revocation period.
Consequences of the Revocation
If you revoke this contract, we are obliged to pay back all payments that we had received from you, including delivery expenses (except for additional costs that incurred because you selected a different kind of delivery than the least expensive standard delivery offered by us) immediately and latest within fourteen days after the day on which we have received the notification regarding your revocation of this contract. For the repayment we will use the same means of payment that you have used for the original transaction, unless expressly otherwise agreed with you; we will not charge any fees for such repayment. We are entitled to refuse the repayment until the goods were returned to us, or until you submitted prove that you have sent back the goods to us, whichever the earlier.
You are obliged to return or hand over the goods immediately, in any case not later than fourteen days following the day on which you notified us about the revocation of this contract. The deadline is deemed as met, if you dispatch the goods before the expiration of the fourteen-day deadline. You have to bear the direct costs for the return of the goods.
You are liable for any diminished value of goods only if such loss of value is due to an improper handling of the goods that is not necessary for an inspection of the condition, the properties and proper functioning of the goods.
Specimen revocation form
7. Dispute resolution proceedings with consumers
Since 9 January 2016, the Regulation (EU) no. 524/2013 (ODR Regulation) regarding the online dispute resolution in consumer matters is in force. It applies for the out-of-court settlement of disputes regarding the contractual obligations from online purchase contracts or online service contracts between consumers and online traders and aims at reaching a high level of consumer protection in the European internal market. With the possibility of online dispute resolution (ODR), it is intended to provide a simple, efficient, quick and cost-effective out-of-court solution for disputes. The ODR platform forwards the complaints filed properly to the authorities for extrajudicial resolutions that are in charge (according to national laws). The use of the ODR platform as such is free of charge; in case of proceedings before the authorities for extrajudicial resolutions, the consumers might incur costs (of up to EUR 30,00), in case the request is legally abusive.
Link to the ODR platform of the European Commission: https://ec.europa.eu/consumers/odr/
Our email address is: firstname.lastname@example.org .
8. Information regarding electronic business transactions
(1) Technical steps to conclude a contract
See in this respect the explanations in clause 2 of our GTC.
(2) Contract text recording / printout
The purchaser may record the contract text by saving the respective Internet page on his/her computer through his browser’s function “save as”. With the printing function of his/her browser, the purchaser in addition has the possibility of printing out the contract text. We save the contract texts ourselves and, on request, give the purchaser access to such text via email or mail.
(3) Correction possibilities
The purchaser may correct his/her entries any time during the ordering process by clicking on the "back" button in the browser and making the corresponding changes. By closing the web browser, the purchaser may discontinue the ordering process at any time. The order overview before sending the online order offers an additional possibility of correction, of which the purchaser is informed during the process.
Exclusively the German language is available for the conclusion of the contract.
(5) Code of conduct
We have not subjected to any specific code of conduct (set of rules).
There is a statutory responsibility for defects. The warranty in case of defects in new goods is 24 months according to the statutory provisions.
For used goods, the warranty period is 12 months.
The warranty period commences with the handover of the goods to the purchaser.
However, the regular limitation period of 3 years still applies, commencing with the completion of the year in which
1. the claim arose, and
2. the creditor learns about the circumstances founding the claim and the identity of the debtor or should learn about it without gross negligence,
– if it is about the liability for damages from the injury to life, limb and health that are caused by a negligent or intentional violation of obligation on my part or on an intentional or negligent violation of obligations of any of my vicarious agents, or
– if it is about the liability for any other damage that is caused by a negligent or intentional violation of obligation on my part or on an intentional or negligent violation of obligations of any of my vicarious agents, or
– if it is about the liability for maliciously concealed defects, claims from guarantee commitments, or the liability according to statutory legal provisions, e.g. the provisions of the product liability act.
The two-year limitation period for recourse claims according to Sec. 478 German Civil Code BGB remains unaffected.
The warranty does not cover normal wear and tear.
10. Retention of title
1. We retain the title in the delivered object until all payments under the purchase contract were received. If the purchaser fails to fulfil his/her contractual obligations, in particular in case of a delay I payment, we are entitled to request that the delivered object be returned; in such an event, the purchaser is obliged to return the object in question.
2. The purchaser is obliged to notify immediately about any seizure regarding the object of purchase or any associated third party access or access attempts pertaining to the object of purchase, so that we can exercise our rights under the retention of title.
11. Information about the German Battery Law (BattG)
If the offer includes rechargeable batteries and batteries, you are legally obliged to dispose of used batteries and rechargeable batteries separately. Please give them off at one of the municipal collecting points or on site in the retail stores. Batteries and rechargeable batteries that you received from us can be returned free of charge. Batteries and rechargeable batteries containing harmful substances are marked with the symbol of the crossed garbage bin and the chemical symbol of the respectful harmful substance (e.g. “Cd” for cadmium, “Pb” for lead, “Hg” for mercury). You can also find these indications in the documents accompanying the consignment.
12. Damages in transit
(1) If goods are delivered with obvious damages in transit, please immediately claim such defects with the deliverer and contact us as quickly as possible.
(2) A failure to complain or get in contact does not have any consequences for your statutory guarantee claims. However, with that you help us to assert our own claims with respect to the carrier or the transport insurance company, respectively.
13. Data protection
(1) All data collected by us are used and processed exclusively within the framework of the applicable data protection laws in accordance with our data protection regulations.
(2) The customer is entitled at all times to information, corrections, blocking and deletion of his/her save data.
14. Copyright notice
The pictures shown on our Internet pages and the texts prepared by us are protected under copyright. The unauthorized multiplication and publication of these contents (be it only in extracts) is subject to criminal and civil pursuit according to Sec. 97 German Copyright Law (UrhG).
15. Legal venue
For all mutual disputes between the contractual parties directly or indirectly resulting from the contractual relationship, Norderstedt is agreed as exclusive legal venue, provided that the contractual partners are business people, legal entities under public law, or a special fund under public law.
Should individual provisions of this contract with the customer, including these GTC, be or become invalid completely or partially, or if these covenants contain a gap, this is without prejudice to the validity of the remaining provisions.
Norderstedt, 16th of January 2020