Terms and Conditions

General Terms and Conditions with Customer Information

Scope
Offers and Service Descriptions
Ordering Process and Conclusion of Contract
Prices and Shipping Costs
Delivery, Product Availability
Payment Methods
Retention of Title
Warranty and Guarantees
Liability
Storage of Contract Text
Final Provisions

1. Scope

1.1. The business relationship between Tom Klein Schwalbacher Str. 36, D-65307 Bad Schwalbach (hereinafter “Seller”) and the customer (hereinafter “Customer”) shall be governed exclusively by the following General Terms and Conditions in their valid version at the time of ordering.

1.2. You can reach our customer service for questions, complaints, and objections on weekdays by calling +49 (0) 61 24-725 181 or by email at .

1.3. A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity (§ 13 BGB).

1.4. Deviating conditions of the customer will not be 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. Performance descriptions in catalogs and on the seller’s websites do not constitute a guarantee. All offers are subject to change and availability, unless otherwise stated with the products. Errors excepted.

3. Ordering Process and Conclusion of Contract

3.1. The customer can select products from the seller’s range 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. Then, the customer can proceed to complete the order process by clicking the [Proceed to Checkout] button within the shopping cart.

3.2. By clicking the [place binding order] button, the customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and, using the browser function “back,” return to the shopping cart or cancel the ordering process altogether. Mandatory information is marked with an asterisk (*).

3.3. The seller will then send the customer an automatic acknowledgment of receipt by email, listing the customer’s order again and which the customer can print 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 the ordered product to the customer within 2 days, hands it over, or confirms the shipment to the customer within 2 days with a second email, an express order confirmation, or by sending the invoice.

3.4. If the seller allows payment in advance, the contract is concluded with the provision of the bank details and payment request. If payment is not received by the seller within 10 calendar days after sending the order confirmation despite being due and after a reminder, the seller shall withdraw from the contract, with the result that the order is void, and the seller is not obliged to deliver. The order is then completed for the buyer and seller without further consequences. Therefore, reservation of the article for prepayment is 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 prices indicated, the seller charges shipping costs for delivery. The shipping costs will be communicated to the buyer on a separate information page and clearly during the ordering process.

5. Delivery, Product Availability

5.1. If prepayment is agreed upon, delivery will be made upon receipt of the invoice amount.

5.2. If delivery of the goods fails three times due to the buyer’s fault, despite three delivery attempts, the seller may withdraw from the contract. Any payments already made will be refunded to the customer promptly.

5.3. If the ordered product is not available because the seller is not supplied with this product by its supplier without its own fault, 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 refund any payments already made to the customer immediately.

5.4. Customers will be informed about delivery times and restrictions (e.g., restriction of 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 as part of and before completing the ordering process. Customers will be 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 payment becomes due on a calendar date, the customer is already in default by missing the deadline. In this case, the customer must pay the statutory default interest.

6.5. The customer’s obligation to pay default interest does not preclude the seller from claiming further damages for default.

6.6. The customer is only entitled to set-off if their counterclaims have been legally established or are undisputed by the seller. The customer can only exercise a right of retention if their claims arise from the same contractual relationship.

7. Retention of Title

Until full payment has been made, the delivered goods remain the property of the seller.

8.Warranty and Guarantees

8.1. The warranty is based on statutory provisions.

8.2. A guarantee exists only for goods delivered by the seller if this has been expressly given. Customers will be informed about the warranty conditions before initiating the ordering process.

9. Liability

9.1. Notwithstanding other legal requirements, the seller’s liability for damages shall be limited as follows.

9.2. The seller is fully liable in cases of intent or gross negligence.

9.3. Furthermore, the seller is liable for slight negligence in the event of a breach of essential obligations, the fulfillment of which is essential for the proper execution of the contract and on whose observance the customer regularly relies. In this case, the seller is only liable for foreseeable, contract-typical damage. The seller is not liable for slight negligence in the event of a breach of obligations other than those mentioned in the preceding sentences.

9.4. The above limitations of liability do not apply in the event of injury to life, body, and health, for defects after assuming a guarantee for the quality of the product, and for maliciously 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. Before placing the order, the customer can print out the contract text by using the print function of their browser in the last step of the ordering process.

10.2. The seller also sends the customer an order confirmation with all order details to the email address provided by the customer. With the order confirmation, but at the latest upon delivery of the goods, the customer also receives a copy of the GTC including the cancellation policy and information on shipping costs and delivery and payment conditions. If you have registered in our shop, you can view your orders placed in your profile area. Furthermore, we save the text of the contract, but do not make it accessible on the Internet.

11. Final Provisions

11.1. The place of jurisdiction and performance is the registered office of the seller 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. Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.