GTC and cancellation policy for orders by fax, telephone or e-mail

General Terms and Conditions (GTC) for orders by fax, telephone or e-mail

Information: The following GTC apply to orders that reach us by fax, telephone or e-mail. If you would like to inform yourself about the GTC of our online shop Somnora.de, please visit our GTC on Somnora.de (redirection to somnora.de). If you want to inform yourself about the GTC of our Amazon seller profile, please visit our GTC on Amazon.de (redirection to amazon.de).

Tomed GmbH (version: 07.01.2025)

1. Scope of application:
The following General Terms and Conditions (GTC) for orders by fax, telephone or e-mail apply to orders placed by consumers as well as by entrepreneurs, unless otherwise specified in the individual terms and conditions.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
With respect to entrepreneurs, these GTC shall also apply to future business relations without our having to refer to them again.
If the entrepreneur uses conflicting or supplementary General Terms and Conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.

2. Contracting party, conclusion of contract, correction possibilities:
The contract of sale is concluded with Tomed GmbH.
We accept your order by
– issuing a declaration of acceptance (order confirmation) by e-mail or fax or
– having the goods delivered or
– executing the payment transaction through our service provider or the selected payment service provider, if applicable. The time of execution of the payment transaction depends on the respective selected payment method (see under “5. Prices and payment”).
The relevant alternative for you depends on which of the listed events occurs first.

3. Contract language, contract text storage:
The languages available for the conclusion of the contract are German and English.
We store the contract text and send you the order data and our General Terms and Conditions in text form.

4. Delivery conditions:
Partial deliveries are permissible, unless the customer has no apparent interest in them or they are not reasonable. In the case of partial deliveries, shipping costs will be charged only once. Events of force majeure, supply difficulties and operational disruptions at suppliers, traffic disruptions as well as consequences thereof shall release us and, accordingly, the purchaser in whole or in part from the fulfillment of the contract without the possibility of claiming damages.
Shipping costs are added to the product prices. The shipping costs within Germany amount to a net flat rate of € 4.30 plus VAT (DHL package) or net € 6.72 plus VAT (UPS). With commercial customers, the regulations agreed individually in each case shall apply. Full charge of shipping costs according to expenditure for foreign orders. For deliveries abroad, fees for customs handling / presentation tax may apply. The amount of the fees is determined by the responsible customs office of the destination country.
We deliver only in the dispatch way. A self-collection of the goods is unfortunately not possible.

5. Prices and payment:
The prices stated or quoted at the time of the order shall apply. All prices include the legally valid value added tax.
In principle, we offer the payment methods prepayment, PayPal and invoice for orders by fax, telephone or e-mail. For each order, we reserve the right not to offer certain payment methods and to refer to other payment methods.
Please note that we cannot accept fee splitting for foreign payments. All payment transaction fees incurred are the responsibility of the buyer.

Prepayment:
For payment in advance, we will provide you with our bank details, e.g. by e-mail or fax, and deliver the goods after receipt of payment.

PayPal:
In order to pay the amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. We will deliver the goods after receipt of payment.
PayPal can offer registered and according to its own criteria selected PayPal customers further payment modalities in the customer account. However, we have no influence on the offering of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You can find more information about this in your PayPal account.

Invoice:
The invoice amount is due 14 days after receipt of the invoice and the goods by bank transfer to the bank account specified in the invoice. With commercial customers, the individually agreed regulations apply in each case. We reserve the right to offer purchase on account only after a successful credit check.
For reminders, we have the right to charge you reminder costs of € 5.00 per reminder for the second and all subsequent reminders, unless the buyer proves that the seller has incurred significantly lower or no reminder costs. In the event of default in payment, you undertake to reimburse all costs, expenses and cash outlays incurred by us in pursuing our claims. This includes, without prejudice to any obligation to reimburse costs under procedural law, all extrajudicial costs of a collection agency or lawyer commissioned.

6. Right of revocation:
Consumers are entitled to the statutory right of withdrawal, as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

7. Retention of title:
The goods remain our property until full payment.
For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the goods subject to retention of title with a new item – in the amount of the invoice amount, and we accept this assignment.
You shall remain authorized to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

8. Transport damages:
For consumers applies:
If goods are delivered with obvious transport damage, please complain about such defects as soon as possible to the deliverer and please contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

For entrepreneurs applies:
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.

9. Warranty and guarantees:
9.1 Liability for defects:
Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
The following restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents
– in case of injury to life, body or health
– in case of intentional or grossly negligent breach of duty as well as fraudulent intent
– in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligations)
– within the scope of a guarantee promise, if agreed, or
– insofar as the scope of application of the Product Liability Act is opened.

Restrictions vis-à-vis entrepreneurs:
With respect to entrepreneurs, only our own information and the manufacturer’s product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk.
The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

Regulations vis-à-vis merchants:
Among merchants, the duty of inspection and notification of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to make the notification regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.

9.2 Customer service:
You can reach our customer service Monday through Friday from 9:00 a.m. to 2:00 p.m. by phone at 0221 17067206 and by e-mail at info@tomed.com.

10. Liability:
For claims based on damages caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation
– in case of injury to life, body or health,
– in case of intentional or grossly negligent breach of duty,
– in the case of warranty promises, insofar as agreed, or
– insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

11. Dispute resolution:
The European Commission provides a platform for online dispute resolution (OS), which you can find here: http://ec.europa.eu/consumers/odr/
We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

12. Final provisions:
If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant in the sense of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.

GTC created with the Trusted Shops legal text editor.

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Instructions on cancellation

Consumers have a 14 days right to cancel.

Instructions on cancellation

Right to cancel

You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

To exercise the right to cancel, you must inform us (Tomed GmbH, Im Rapsfeld 57, 50933 Köln (Cologne), Germany, info@tomed.com, Phone: +49 221 17067206 of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or an e-mail). You may use the attached model cancellation form, but it is not obligatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

The right to cancel does not exist for the following contracts:

• Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.