General Terms and Conditions for Online Shop

1. Scope

   1. These general terms and conditions of sale (hereinafter: GTC) apply to all contracts concluded through our online shop between us, the

      Toni Weber GmbH
      Industriestraße 25 66129 Saarbrücken
      Manager: Frank Weber

      Registry Court: Saarbrücken District Court HRB 6781
      Phone: +49 6805 911890
      Fax: +49 6805 9118920
      Email address: info@toni-weber.de

      and you as our customer.

      The GTC apply to all contracts regardless of whether you are a consumer, an entrepreneur, or a merchant. The customer is a consumer if the purpose of the ordered deliveries and services cannot be attributed to the customer's commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or judicable partnership that, on conclusion of the contract, exercises their commercial or independent professional activity.

   2. All agreements made between you and us in connection with the purchase agreement arise in particular from these sales conditions, our written order confirmation and our declaration of acceptance.

   3. The version of the GTC valid at the time when the contract was concluded is decisive.

   4. We do not accept any deviating conditions of the customer. This also applies if we do not expressly contradict the consideration.

2. Conclusion of the contract

   1. The presentation and promotion of articles in our online shop does not constitute a binding offer to conclude a sales contract.

   2. The articles can be collected in a so-called shopping cart using the “Add to shopping cart” button. By clicking on the button "Buy now", you submit a binding offer to buy the goods in the basket. You can view and change the information at any time before submitting the order. However, the claim can only be submitted and transmitted if you have accepted these terms and conditions by clicking on the "Accept GTC" button and have thereby included them in your claim. You are bound to the order for a period of two (2) weeks after placing the order. Your possibly existing right to revoke your order as detailed in §3 remains unaffected.

   3. We will immediately confirm the receipt of your order placed through our online shop by email. You can use the "Print" function to print out the receipt confirmation or save it as a PDF. Such an email does not constitute a binding acceptance of the order, unless expressly indicated therein.

   4. The contract is not concluded until we issue a declaration of acceptance, which is sent in a separate email (order confirmation). In this email or in a separate email, but no later than upon delivery of the goods, we will send you the contract text (consisting of order, GTC and order confirmation) in a durable medium (email or paper printout) by us (contract confirmation). The text of the contract will be stored in compliance with the data protection legislation.

   5. The contract is concluded only in German.

   6. The minimum order value depends on the packaging unit. Information on this can be found in the price information provided in our online shop.

   7. Basically, there are no delivery restrictions unless there are country-specific restrictions. These must be checked individually.

   8. If we are unable to deliver the ordered goods because e.g. they are not on stock, we will refrain from a declaration of acceptance. In this case, no contract will be concluded. We will inform you about this situation immediately and refund any payments already received.

3. Terms of delivery and right to require advance payment

   1. We are entitled to make partial deliveries in so far as this is reasonable for the customer.

   2. The delivery period is approximately 5 work days, unless otherwise agreed. Subject to the regulation in paragraph 3 it begins upon conclusion of the contract.

   3. In the case of orders from customers whose place of residence or business is abroad or if there are reasonable indications of a risk of payment default, we reserve the right to deliver only after the receipt of the purchase price plus shipping costs (advance payment reservation). We will inform you immediately if we make use of the advance payment reservation, In this case, the delivery period begins with the payment of the purchase price and the shipping costs.

4. Prices and shipping costs

   1. All prices in our online shop are gross prices including the statutory sales tax plus shipping costs.

   2. The shipping costs are specified in our price information in our online shop. The price including sales tax and applicable shipping costs will also be displayed in the order form before you submit the order.

   3. If we fulfil your order in accordance with §4(1) through partial deliveries, shipping costs will only occur for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.

   4. If you effectively revoke your contract declaration in accordance with § 3, you can, under the premises statutory requirements, request the refund of already paid costs for shipping to you (cf. other consequences of revocation § 3(3)).

   5. All orders are shipped by post. We bear the shipping risk if the customer is a consumer.

5. Terms of payment

   1. The purchase price and the shipping costs shall be paid at the latest 2 weeks after the receipt of our invoice.

   2. The purchase price and the shipping costs shall be paid via the payment service provider PayPal. Payment is made directly via your PayPal account. The time of payment corresponds to the time of the order. The payment amount is only earmarked until we accept the offer. When using the payment service provider "PayPal", payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, available at www.paypal.com. This requires among others, that the customer opens a PayPal account or already has such an account.

   3. The purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, you are already in default by missing the date. In this case a default interest of 5 percentage points above the base rate for the year will apply. The obligation to pay default interest does not exclude assertion of further damages caused by delay.

6. Offsetting and right of retention

   1. You are not entitled to offset against our claims, unless your counterclaims have been legally established or are undisputed. You are entitled to offset against our claims if you assert notices of defects or counterclaims from the same purchase contract.

   2. As a purchaser, you can only exercise a right of retention if your counterclaim stems from the same sales contract.

7. Reservation of ownership

   The delivered goods remain our property until full payment has been made.

8. Warranty

   We are liable for material or legal deficiencies of delivered items in accordance with the current legislation, in particular §§ 434 et seqq. BGB (German Civil Code). The limitation period for statutory warranty claims is 1 year for entrepreneurs and 2 years for consumers and begins with the delivery of the goods.

9. Liability

   1. We are liable to you in all cases of contractual and non-contractual liability in the event of willful intent and gross negligence in accordance with the legal regulations for damages or reimbursement of wasted expenses.

   2. As far as paragraph 3 does not specify otherwise, we are only liable in other cases for breach of a contractual obligation, the fulfilment of which makes the proper execution of the contract possible and of which customers can regularly rely on their compliance (so-called cardinal obligation), limited to the replacement of foreseeable and typical damage. In all other cases, our liability is excluded (subject to the regulation in paragraph 3).

   3. Our liability for damage resulting from injury to life, physical injury or damage to health and damage according to the product liability act remains unaffected by the above mentioned limitations and exclusions of liability.

10. Copyrights

    We have copyrights on all pictures, films and texts published in our online shop. Any use of the images, films and texts is not permitted without our explicit consent..

11. Applicable law and jurisdiction

    1. The law of the Federal Republic of Germany applies with the exclusion of the UN sales law. If you have placed the order as a consumer and your habitual residence is in a different country at that time, the application of any mandatory legal laws of this country remain unaffected by the choice of law made in sentence 1.

    2. If you are a merchant and your registered office is based in Germany at the time of placing the order, the exclusive place of jurisdiction is the registered office of the seller. In addition, the applicable legal regulations apply to local and international jurisdiction.

    3. Dispute settlement: The EU Commission has created an internet platform for the online settlement of disputes. This platform acts as a point of contact for out-of-court dispute settlements, dealing with contractual obligations resulting from online sales contracts. More information is available at the following link: https://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.