Terms of service

Status: 2 June 2015

§ 1 Scope
The terms of this online shop apply to consumers. 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 Contractual partners, customer service

The contract of purchase you are concluding is between you and Tomed GmbH, Sperberweg 2, 50858 Köln, Germany. If you have any questions or complaints do not hesitate to contact our customer service from Monday through Friday from 09:00 a.m to 06:00 p.m. at phone number +49 (0) 221 17067206

§ 3 Conclusion of the Contract

The presentation of our products in the online shop does not represent a legally binding offer, but a non-binding online catalogue inviting to make an order. By clicking on the button marked "Send order", you make a binding order for the goods in your shopping basket. Our confirmation of the receipt of your order follows immediately after you have submitted your order. Confirmations regarding the receipt of an order serve only to inform the customer and do not constitute acceptance of agreement. The agreement is accepted as soon as your payment has been confirmed either by your credit card provider or by PayPal. Your order is accepted anyway by dispatching your ordered goods.

§ 4 Payment

We accept the following options of payment:

-   Payment on invoice exclusively for orders from inside Germany

-   Pre-payment by bank wire transfer

-   PayPal

Payment on invoice

We will ship your order together with your invoice which is payable without reduction within 14 days. Mode of payment available for orders from inside Germany only.

Pre-payment

Our bank details are listed at our confirmation of your order by email. Your order will then be shipped after entry of payment.

PayPal

You pay for the goods ordered through the online payment provider PayPal. You must be registered with PayPal or register with them before you place your order, login with your access data and confirm your payment. You will get more details when placing your order.

§ 5 Reservation of Proprietary rights

The product/s remain the property of Tomed GmbH until the product is paid for in full.

§ 6 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.

§ 7 Shipping fees

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.

There are the following shipping rates depending on destination:

- Germany: EUR 3.95 flat-rate incl. 19% VAT per order, with an order value as from EUR 238.00 free delivery

- E.U. countries without Germany: EUR 14.90 flat-rate incl. 19% VAT

- European non-E.U. countries: EUR 24.90 flat-rate

- Any other country outside Europe: EUR 39.90 flat

No sales tax „VAT“ applies for orders from countries outside the territory of the European Union.

Special individual agreements may apply for commercial customers from Germany and abroad.

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§ 8 Right to cancel

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

D - 50858 Köln

Fax +49 221 17067207

info@tomed.com

You may use the model 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 of the following goods:

for the supply of goods made to your specifications or clearly personalised

 -End of the Consumer Right to Cancel -

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§ 9 Contract records

We record the contract text and send you your order details as well as our terms of business by email. You can access the terms at any time at this webshop too. For safety reasons you can not access your previous orders through the internet.

§ 10 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.

§ 11 Events beyond our control

We will have no liability to you for any delay in delivering goods you have ordered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion.

§ 12  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.

§ 13 Service Provider

Tomed GmbH
Sperberweg 2
D-50858 Köln
Phone: +49 (0) 221 17067206
Fax: +49 (0) 221 17067207

Managing Director/ CEO: Aylin Yildiz & Suzan Yildiz
Commercial registry: District Court Köln HRB 80402
VAT Identification Number: DE293519110

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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

E-Mail: info@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