General Terms and Conditions
Date of information: 31 July 2017
§ 1 Scope and Validity of these terms and conditions
The terms and conditions apply to commercial customers as well as to consumers if not specified otherwise thereafter. A consumer is thereby an individual who buys products or services for personal use and not for manufacture or resale. The buyer is agreeing to our methods of delivery and payment and any amendment to the following rules of payment and delivery must be made in written form.
§ 2 Conclusion of the Contract
Otherwise, our confirmation of the receipt of any order from national or international customers (i.e. end-users, pharmacies, hospitals, traders, contracted distributors) who shall be served directly by Tomed follows immediately after reception of your order. Confirmations regarding the receipt of an order serve only to inform the customer and do not constitute acceptance of agreement. We can accept your order either by sending you an order confirmation by e-mail or by delivering the goods within a period of four days.
§ 3 Delivery
Delivery will be made within 2 to 4 working days in Germany, within 3 to 10 days within Europe and worldwide outside Europe in between one to four weeks depending on destination. Tomed GmbH, shall not be responsible for delayed delivery due to forces of nature or events that substantially hinder delivery or render delivery impossible; Events of this type include in particular; difficulties in obtaining materials that have occurred retrospectively, stoppages, strikes, lockouts, lack of personnel, lack of transport facilities, and orders issued by the public authorities; In this case it releases us and the buyer completely or partially from fulfilling the contract without the invoking of damages.
§ 4 Warranty and Scope of Liability
The buyer is responsible to inspect the state of the product immediately upon delivery. Objections and complaints in regard to false or misdeliveries must be claimed in written form within 3 days after receipt. Misdeliveries must be returned within 4 days after receipt at the latest. Discovery of a defective or faulty product must be claimed in writing within 6 months of the delivery of the product and must include the invoice number and date. The buyer has the right to a replacement of the product when there is a legitimate complaint upon the return of the faulty product. The buyer can receive a credit or can completely withdraw the order only when a product replacement is not available or when delivery from the buyers position is objectionable. Claims for damages in respect of non-fulfillment or incorrect fulfillment will be null and void.
§ 5 Consumer Right to Cancel
You have the right to cancel the purchase of a good without having to give a reason at any time within a period of 14 days, beginning on the day after you receive the goods. the “cooling off period” of seven working days, beginning on the day after you receive the goods. You must notify us of your cancellation in writing or in another durable medium to our contact address which is:
Tomed GmbH
Sperberweg 2, 50858 Köln, Germany
Fax: +49 (0) 221 17067207
Mail: sales@tomed.com
You may use the model canellation form to cancel your purchase enclosed at the rather end of the terms.
Cancellation consequences
If you are in possession of the goods you are under the duty to retain them and take reasonable care of them. You must send the goods back to us to our contact address at your own cost unless we delivered the item to you in error or the item is damaged or defective as soon as possible once you have cancelled the contract. We reserve the right to make a charge not exceeding our direct costs of recovering the goods if you do not return the goods or return them at our expense. Once you have notified us that you wish to cancel the contract, any sum debited to us will be refunded to you as soon as possible and in any event within 30 days of your cancellation. You will not have any right to cancel a purchase for the supply of any goods made to your specifications or clearly personalised.
– End of the Consumer Right to Cancel –
§ 6 Agreement of cost responsibility when making use of the right of revocation
You are obliged to bear the costs of the return shipment if the merchandise delivered corresponds to the merchandise ordered and if the price of the merchandise to be sent back does not exceed an amount of EUR 40.00 or if, where the price is higher, you have at the date of the revocation not yet rendered consideration or given a partial payment. In all other cases, the return shipment for you is free of charge.
§ 7 Minimum order requirements, fees, and conditions of payment
The price posted with the product includes sales tax, which currently is 19% in Germany. You may obtain more information on the product sites of our shop. The calculation is done in accordance to the prices and conditions on day of delivery.
No sales tax „VAT“ applies for orders from countries outside the territory of the European Union.
Payment is due in full within 14 days from the date on the invoice when delivered within Germany. If payment has not arrived in the allotted time period, we reserve the right to charge an interest rate of 5% on the outstanding amount due and to follow the legal consequences and effects of the payment in default. International online orders are possible only thru prepayment methods.
Special individual agreements may apply for commercial customers from Germany and abroad.
§ 8 Reservation of Proprietary rights
The product/s remain the property of Tomed GmbH until the product is paid for in full. In the case of open account business the retention of title rights shall also be valid as collateral for claims against the account. The product becomes the property of the buyer when the financial commitment of the buyer is settled. Until then, the buyer is not authorized to pass the product on or, for security reasons, to transfer ownership to a third party. In the case of a foreclosure, the buyer is responsible to inform us immediately. The buyer shall dispose of the product after following the proper business terms. To secure our retail price claims according to said business terms the buyer assigns to us his claims against his contractual partner; we hereby accept this assignment. After occurrence of insolvency notably settlement or bankruptcy proceedings the contracted goods shall only be disposed with our permission.
§ 9 Disclaimer for external web links
Through this website you are able to link to other websites which are not under the control of Tomed GmbH. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
§ 10 Miscellaneous
This agreement shall be subject to and construed in accordance with German law. Place of jurisdiction is Köln, Germany, unless otherwise stipulated. Irrespective of that, we reserve the right to take legal action at the customer’s registered office.
§ 11 Service Provider
Information on the Host responsible for this Internet Web Site:
Tomed GmbH
Sperberweg 2, 50858 Köln, Germany
District court: Köln HRB 80402
CEO: Aylin Yildiz & Suzan Dönmezer
Model Cancellation Form
If you want to cancel your purchase contract fill out the the model form and send it to:
Tomed GmbH
Sperberweg 2, 50858 Köln, Germany
E-Mail: sales@tomed.com
Fax: +49 (0) 221 17067207
I / We(*) hereby give notice that I / we(*) cancel my / our contract of sale of the following goods:
Ordered on / received on(*) __________________________________________________
Order reference number (as shown on dispatch note and parcel label) __________________________________________________
Name of consumer(s) ____________________________________________
Address of consumer(s) _______________________________________________________________
Signature of consumer(s) (only if this form is notified on paper)
Date __________________________________
(*) Delete as appropriate