I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (TomCatOnline) via the websitewww.tomcatonline.de. Unless otherwise agreed,
the inclusion of any of your own terms and conditions that you may use.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods you intend to buy are placed in the "shopping cart". You can access the "shopping cart" and make changes there at any time using the corresponding button in the navigation bar.
After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as your payment method, you will either be directed to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, you can make the appropriate selections or enter your data there. Finally, the order data will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting your order, you have the opportunity to check the details in the order overview again, to change them (also via the "back" function of the Internet browser) or to cancel the order.
By submitting the order via the corresponding button ("buy" or similar term), you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your requests for a quote are non-binding. We will provide you with a binding offer in text form (e.g. by email), which you can accept within 5 days (unless a different deadline is specified in the respective offer).
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Special agreements on payment methods offered
(1) Payment via Klarna
In cooperation with Klarna Bank AB (publ) (
https://www.klarna.com/de/
), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:
- Invoice: The payment period is 14 days from dispatch of the goods/ticket/or, in the case of other services, the provision of the service. The complete invoice terms for the countries in which this payment method is available can be found here:
Germany
,
Austria
.
- Sofortüberweisung: Available in Germany and Austria. Your account will be debited immediately after you place your order. The use of the payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. In this respect, we will forward your data to Klarna for the purpose of address and credit checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check.
For further information and Klarna’s terms of use, please see
here
. General information about Klarna is available
here
Your personal data will be processed by Klarna in accordance with the applicable data protection regulations and as stated in Klarna's
Privacy Policy
treated.
For more information about Klarna, see
here
. You can find the Klarna app
here
.
§ 4 Right of retention, retention of title
(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following applies in addition:
a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Before title to the reserved goods has been transferred, pledging or transferring them as security is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that arise from the resale, and we accept the assignment. You are also authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined or mixed, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 5 Warranty
(1) The statutory liability for defects applies.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not do this, this will have no effect on your statutory warranty claims.
(3) If you are an entrepreneur, the following applies, deviating from the above warranty provisions:
a) Only our own information and the manufacturer's product description are deemed to be agreed upon as the quality of the item, but not other advertising, public praise and statements by the manufacturer.
b) In the event of defects, we will provide warranty at our discretion by repairing or replacing the goods. If the repair of the defect fails, you can request a reduction in price or withdraw from the contract at your discretion. The repair of the defect is deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of repair, we do not have to bear the increased costs that arise from transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:
- damages caused by us due to injury to life, body or health and other damages caused intentionally or through gross negligence;
- if we have fraudulently concealed the defect or have provided a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their usual purpose and have caused its defectiveness;
- in the case of statutory recourse claims that you have against us in connection with warranty rights.
- Our products are natural products. We dry the driftwood logs and check them carefully for any woodworm infestation. We would like to point out that damage to our products or services caused by woodworm infestation is excluded from our warranty. Any liability for damage caused by woodworm infestation is hereby explicitly excluded. It is the responsibility of the customer to take appropriate protective measures to prevent damage caused by woodworm infestation. We recommend regular inspections and suitable wood preservatives to minimize the risk of woodworm infestation. Should damage nevertheless occur that is attributable to woodworm infestation, we accept no responsibility and provide no warranty or compensation. This warranty exclusion applies without restriction and takes effect immediately.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law applies. In the case of consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which he or she is habitually resident (favorability principle).
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The right to also bring the case before a court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
1. Identity of the seller
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at
https://ec.europa.eu/odr
.
The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I).
3.1 The contract language is German.
3.2. We do not save the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we receive the order, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again by email.
3.3. If you request a quote outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.
4.1. We have subjected ourselves to the buyer seal quality criteria of Händlerbund Management AG, which can be viewed at:
https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf
.
The essential characteristics of the goods and/or services can be found in the respective offer.
6.1. The prices and shipping costs stated in the respective offers represent total prices. They include all price components including all applicable taxes.
6.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free shipping has been promised.
6.3. If delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which must be borne by you.
6.4. Any costs incurred in transferring money (transfer or exchange rate fees charged by credit institutions) must be borne by you in cases where the delivery is made in an EU member state but the payment was made outside the European Union.
6.5. The payment methods available to you are indicated under a correspondingly labelled button on our website or in the respective offer.
6.6 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
7.1 The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.
7.2. If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipping are at your risk.
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
Legal security of the texts and is liable in the event of warnings. Further information can be found at:
https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service
.
