Terms and Withdrawal
General Terms and Conditions for orders via our online shop www.somnora.de
Tomed GmbH (Date of information: 22. September 2017)
For all orders placed by consumers and entrepreneurs via our online shop www.somnora.de, the following General Terms and Conditions apply.
A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed mainly to his commercial or self-employed professional activity. Entrepreneur is a natural or legal entity or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity.
These General Terms and Conditions shall also apply to future business relations with entrepreneurs without us having to refer to them again. If the entrepreneur uses conflicting or supplementary General Terms and Conditions, their validity is hereby objected to; they only become an integral part of the contract if we have expressly agreed to them.
2. Contracting Party, Conclusion of the Contract
The contract of sale is concluded with Tomed GmbH.
The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalogue. You can first add our products to the shopping cart without obligation and correct your entries before sending your binding order at any time by using the correction aids provided and explained in the order process. By clicking on the order button you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order will be sent by email immediately after confirming the order.
The conclusion of the contract depends on the method of payment:
We accept your order by sending a declaration of acceptance in a separate email or by delivery of the goods.
We accept your order by sending a declaration of acceptance in a separate email providing our bank details.
During the ordering process, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment order to PayPal. After placing the order in the shop we ask PayPal to initiate the payment transaction and thereby accept your offer.
3. Contract language, Contract text storage
The languages available for the conclusion of the contract are German and English.
We save the contract text and send you the order data by email. You can have a look at the General Terms and Conditions at any time at www.somnora.de/terms-and-withdrawal. Past orders can be viewed in our customer login.
4. Terms of Delivery
The product prices do not include shipping costs, delivery FOB Cologne. More information about the shipping costs can be found in the offers.
We only deliver via shipping route. Unfortunately, it is not possible to pick up the goods yourself.
In our online shop we basically offer the payment methods prepayment, PayPal and invoice. We reserve the right to refuse certain payment methods for each order and to refer to other payment methods. Please understand that for orders outside of Germany payment is only accepted by prepayment or PayPal.
If you choose the payment method prepayment, we will provide you with our bank details in a separate email and deliver the goods after receipt of payment.
During the ordering process, you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, identify yourself with your access data and confirm the payment order to us. After placing the order in the shop we ask PayPal to initiate the payment transaction. The payment transaction is carried out immediately by PayPal afterwards. Further information is available during the ordering process.
The payment method invoice is available for orders within Germany only. If you purchase on account, you undertake to transfer the invoice amount within 14 days after receipt of the goods to the indicated bank account. For reminders, we have the right to charge you for the second and all subsequent reminders dunning costs of EUR 5.00 per reminder process, unless the buyer can prove that the seller has incurred significantly lower or no reminder costs. In the event of a delay in payment, you undertake to reimburse us for all costs, expenses and cash expenses incurred by us as a result of pursuing our claims. This includes, regardless of the legal obligation to reimburse costs, also all extrajudicial costs of an authorized collection agency or lawyer.
6. Retention of Title
The goods remain our property until payment in full is received.
For entrepreneurs, the following shall apply in addition: We reserve 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 remain authorised to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
7. Transport damages
For consumers the following shall apply:
If goods with obvious transport damage are delivered, please complain about such errors as soon as possible to the deliverer and contact us immediately. Failure to make a complaint or contact will have no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to assert our own claims against the carrier or transport insurance.
For entrepreneurs the following shall apply:
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the freight forwarder, carrier or any other person or institution designated to carry out the shipment. Merchants shall be subject to the duty to examine and give notice of defects as regulated in § 377 HGB (German Commercial Code). If you omit the notification regulated therein, the goods shall be deemed to have been approved, unless it is a defect that was not recognizable during the examination. This does not apply if we have fraudulently concealed a defect.
8. Warranty and Guarantees
Unless expressly agreed otherwise below, the statutory liability for defects shall apply. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for claims for recourse according to § 478 BGB remain unaffected.
With respect to entrepreneurs, only our own statements and the manufacturer's product descriptions which have been included in the contract shall be deemed to be an agreement on the quality of the goods; we do not incur liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we initially guarantee to entrepreneurs, at our discretion, to either rectify the defect (rectification of defects) or to supply a defect-free item (replacement delivery).
The restrictions and time limits stated before do not apply for claims of damages caused by us, our legal representatives or vicarious agents.
- in case of injury to life, body or health
- in case of willful or grossly negligent breach of duty as well as fraudulent intent
- in case of breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations)
- within the framework of a guarantee promise, if agreed upon
- insofar as the scope of application of the Product Liability Act is opened.
Information on any applicable additional warranties and their exact conditions can be found with the product and on special information pages in the online shop.
Customer service: You can contact our customer service for questions and complaints Monday to Friday from 9:00 a. m. to 6:00 p. m. by calling +49 221 17067206 or by e-mailing firstname.lastname@example.org.
We are always fully liable for claims arising from 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
- in case of guarantee promises, if 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 fulfilment which is necessary for the proper execution of the contract and on whose compliance the contractual partner may regularly rely, (cardinal obligations) through ordinary negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount of the damage foreseeable at the time of conclusion of the contract, which must typically be expected to occur. In all other respects, claims for damages are excluded.
10. Code of Conduct
We have submitted to the following codes of conduct:
Trusted Shops Quality Criteria
11. Online Dispute Resolution
The European Commission provides an online dispute resolution platform which you can find here http://ec.europa.eu/consumers/odr/.
We are not obliged or willing to participate in a dispute settlement procedure in front of consumer arbitration board.
12. Final Provisions
If you are an entrepreneur, then German law applies 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.
Consumers have a 14-day right of withdrawal.
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving any reasons.
The period of revocation shall be fourteen days from the day on which you or a third party named by you who is not the carrier have or has taken possession of the last goods.
In order to exercise your right of revocation, you must inform us (Tomed GmbH, Sperberweg 2, 50858 Cologne, Germany, email@example.com, phone: +49 221 17067206, fax: +49 221 17067207) by means of a clear declaration (e. g. a letter sent by post, fax or email) of your decision to revoke this contract. You can use the enclosed sample revocation form for this purpose, but it is not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notice of revocation prior to the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we will refund all payments we have received from you, including the delivery costs (except for the additional costs resulting from your choice of a different type of delivery than the cheapest standard delivery offered by us) immediately and within fourteen days at the latest from the date on which we receive notice of your revocation of this contract. For this repayment, we will use the same method of payment that you have used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this repayment. We may refuse the repayment 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 without delay and in any case at the latest within fourteen days of the day on which you inform us about the revocation of this contract. The deadline is respected if you send the goods before the expiry of the 14-day deadline. You shall bear the direct costs of returning the goods. You shall only be liable for any loss in value of the goods if this loss in value is due to a handling of the goods which is not necessary for the examination of the quality, properties and functioning of the goods.
The right of withdrawal does not apply to the following contracts:
contracts for the delivery of sealed goods which, for health or hygiene reasons, are not suitable for return if their sealing has been removed after delivery.
Sample revocation form
(If you want to cancel the contract, please fill in this form and send it back.)
– To Tomed GmbH, Sperberweg 2, 50858 Cologne, Germany, firstname.lastname@example.org, fax: +49 221 17067207
– I/we (*) hereby revoke the contract for the purchase of the following goods (*)/performance of the following service (*) concluded by me/us (*)
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only for communication on paper)
(*) Delete as applicable
50858 Köln – Germany
Commercial registry: District Court Köln HRB 80402
VAT Identification Number: DE293519110
Managing Director/ CEO: Aylin Yildiz & Suzan Dönmezer
Tel.: +49 221 17067206
Fax: +49 221 17067207