General Terms and Conditions of TOMHOLM UG (haftungsbeschränkt)
1. Scope of Application and Applicable Law
- The following general terms and conditions apply to all deliveries between us and a consumer in the version valid at the time of the order.
- Other terms and conditions shall not apply, unless TOMHOLM UG (haftungsbeschränkt) has agreed to them expressly in writing.
- The law of the Federal Republic of Germany applies to these terms and conditions and the entire legal relationship between the contracting parties
A consumer is any natural person who concludes a legal transaction for purposes that can largely not be attributed to their commercial or independent professional activity (§ 13 BGB).
2. Formation of a contract, storage of the contract text
- The following regulations regarding the conclusion of a contract apply to orders via our online shop https://tomholmwatches.com/.
- If the contract is concluded, the contract is made with:
TOMHOLM UG (limited liability)
Johannes Hennig / Jonas Turnwald
Register noumber: HRB 737828
Register court: District Court Ulm
- The presentation of the goods in our online shop does not constitute a legally binding contract offer on our part, but is only a non-binding invitation to the consumer to order goods. By ordering the desired goods (clicking on the order button which indicates the consumers acceptance of our offer), the consumer submits a binding offer to conclude a purchase contract.
- The offer is accepted in writing or in text form or by sending the ordered goods within one week.
- When an order is received in our online shop, the following rules apply: The consumer makes a binding contract offer by successfully completing the order procedure provided in our online shop.
The order takes place in the following steps:
1) Selection of the desired goods
2) Confirm by clicking the "Add to cart" button
3) Check the information in the shopping cart
5) Pressing the "Checkout" button
4) Registration of the consumer/Filling in of the consumers data or information
5) Pressing "Continue to shipping"
6) Choose the shipping method
7) By clicking "Continue to payment" you will be redirected to the next step to choose a payment method
8) Another check or correction of the respective entered data by clicking "Review order"
9) Binding sending of the order by clicking the button "Complete order" or "buy"
Before submitting the binding order, the consumer can return to the website on which the customer's details are recorded and correct or correct input errors by pressing the "Back" button contained in the internet browser he is using after checking his details. Close the Internet browser to cancel the ordering process. We confirm receipt of the order immediately by an automatically generated email (confirmation of receipt). This does not constitute acceptance of the offer. The offer is accepted in writing, in text form or by sending the ordered goods within one week.
- Storage of the contract text for orders via our internet shop: We will send you the order data and our General Terms and Conditions by email. You can also view the terms and conditions at any time at https://tomholmwatches.com/pages/GTC. For security reasons, your order details are no longer accessible on the Internet.
3. Prices, Shipping Costs, Payment, Due Date
- The prices shown within the European Union are gross prices and include the statutory value added tax and other price components. For orders not within the European Union, net prices are shown. For Deliveries to addresses outside the European Union, import duties and taxes may apply, which have to be paid by the consumer upon delivery. We ship all products from Germany. Delivery costs maybe added to the product prices as displayed online. Delivery costs are explained within individual product offers.
- The consumer has the option of paying via Klara-services, EPS, Google Pay, PayPal, credit card (Visa/ Mastercard/ AMEX/ Maestro), Amazon Pay.
- The consumers invoice can be downloaded via a link in a mail which we send out when we dispatch the goods or will be delivered together with the goods by post.
- Unless we have clearly stated otherwise in the product description, all items we offer are ready for dispatch immediately. We will dispatch your item latest within1-3 days.
- Information regarding shipping or delivery is non-binding
- If the consumer recieves the delivered goods damaged (damage caused during delivery), please notify the carrier and TOMHOLM UG (haftungsbeschränkt). Not notifying us does not in any way affect your legal rights or the enforcement of such rights.
5. Right of Withdrawal
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must contact us (TOMHOLM UG (haftungsbeschränkt), Herderstraße 4, 73431 Aalen, Phone: +49 174 8583244, email: firstname.lastname@example.org) by means of a clear statement (e.g. a letter sent by post, fax or email) about your decision to cancel this contract.
You can use the attached model withdrawal form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of Cancellation
If you cancel this contract, we will reimburse to you all payments we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) at the latest within 14 days from the day on which we received notification of your cancellation of this contract. For this reimbursement, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this reimbursement.
We can refuse reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us immediately and in any event no later than 14 days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send off the goods before the period of 14 days has expired.
You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary for checking the nature, properties and functioning of the goods.
End of Right of Withdrawal
6. Model Withdrawal Form
(If you want to cancel the contract, please fill out this form and send it back to us.)
TOMHOLM UG (limited liability)
- Hereby I / we (*) cancel the contract concluded by me / us (*) for the purchase of the following goods (*)
- Ordered on (*) / received on (*)
- Name of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only necessary for notification on paper)
(*) Delete where inapplicable.
7. Contract Language
Languages for concluding the contract are only English and German.
8. Retention of Title
All goods, which are not fully paid, remain our property until full payment is made by the consumer.
- We, TOMHOLM UG (haftungsbeschränkt), have unlimited liability in case of damage caused by wilful intent or gross negligence including unlawful acts.
- Liability is also unlimited in case injury to life, health and limb, warranty commitments and fraudulently concealed defects.
- Unless otherwise agreed, TOMHOLM UG (haftungsbeschränkt), excludes its liability for slightly negligent breaches of duty. Our civil law liability is limited to the foreseeable, direct damages at the time of contract conclusion.
- In the case that TOMHOLM UGs (haftungsbeschränkt) liability is limited or excluded, this limitations or exclusions should also apply to the personal liability of employees, representatives and vicarious agents.
10. Warranty Provisions
The statutory warranty provisions apply to all goods from our online store. Statutory warranty claims expire after 2 years. Damage due to wear and tear, incorrect use and defective or incorrect care/handling (for example damage to the glass, scratching to the glass, falls, excessive water), damage to batteries and tapes is excluded from the warranty.
11. Other Provisions
- Should individual provisions be or become invalid, does this not affect the validity of the remaining agreements. The Parties will endeavour to replace any invalid provisions with ones that meet the intended economic purpose as close as possible.
- The same applies where the Terms and Conditions contain an unforeseen gap.