Terms of Service
TERMS OF SERVICE
§ 1: Scope(1) The following general terms and conditions of Tonkin Design apply exclusively to online orders for goods and service contracts from Tonkin Design (for contact details and persons responsible see imprint)
(2) The version of these GTC valid at the time of the order applies. Deviating regulations only apply if they have been confirmed in writing by Tonkin Design and are limited to the respective business. Tonkin Design reserves the right to change the terms and conditions without notice.
§ 2: Conclusion of the Contract
(1) Information on goods and prices are subject to change and non-binding. We reserve the right to make changes to product properties such as changes in shape or weight within reasonable limits. The prices quoted include VAT. By ordering online, you are making a binding purchase offer.
(2) By submitting the data, you authorize Tonkin Design to save and process the data required for business transactions in compliance with the Federal Data Protection Act.
(3) The order of custom-made products and services takes place - after a corresponding request to Tonkin Design at the price specified by Tonkin Design for the respective custom-made product - by sending an order in the online shop, in writing or by email. Custom-made products are all products that are individually manufactured or modified to order.
(4) Tonkin Design accepts orders for goods while stocks last. If an order cannot be accepted, the customer will be informed immediately. Tonkin Design accepts orders for custom-made products insofar as these can be made. If a custom-made product is not possible, the customer will be informed immediately.
(5) The contract is concluded without a declaration to the purchaser made the offer through acceptance of the offer by Tonkin Design; the customer waives a declaration of acceptance according to § 151 BGB. This does not apply to orders of larger quantities that exceed the quantities customary for private use. In this case, orders only become effective when Tonkin Design has given a written declaration of acceptance.
§ 3: Right of Withdrawal
Information on the right of cancellation and the cancellation policy can be found on the corresponding specific page.
(You will also find the associated cancellation forms there)
§ 4: Delivery of the Goods
(1) Information about the type of shipment, the shipping costs incurred and the expected delivery time will be provided during the ordering process and when the order is sent.
(2) Tonkin Design is entitled to make partial deliveries. In the case of partial deliveries, Tonkin Design bears the resulting additional shipping costs.
(3) The delivery of the goods takes place within 14 days of the conclusion of the contract when paying by invoice and cash on delivery. Tonkin Design reserves the right not to execute orders and to withdraw from the contract if it turns out after the conclusion of the contract that the goods are not available. In such a case, the customer will be informed immediately about the unavailability. Any consideration already provided by the customer will be reimbursed immediately. This arrangement also applies to supplementary performance claims.
§ 5: Payment, Due Date, Retention of Title
(1) The purchase price is due when the online order is sent. Payment should be made within 7 days of the date of purchase. The prices stated on the day of the order apply.
(2) You can choose the type of payment from the payment methods offered by Tonkin Design.
(3) The delivered goods remain the property of Tonkin Design until full payment has been made. The customer is obliged to notify any change of his place of residence or place of business immediately, as long as there are still claims due to delivered goods or the goods have not yet been delivered.
§ 6: Warranty
(1) The product images may differ from the appearance of the delivered products, especially with regard to color and size. Claims for defects do not exist insofar as the changes are reasonable for the customer.
(2) If the delivered items have obvious material or manufacturing defects, including transport damage, such defects must be reported immediately. Failure to make this complaint has no consequences for the statutory claims of consumers.
In the event of a complaint, the goods must be returned to Tonkin Design in their original packaging, carefully and completely packaged.
(3) The statutory warranty period is 2 years and begins with the delivery of the goods. During this time, all defects that are subject to the statutory warranty obligation will be remedied completely free of charge. The warranty claims are initially limited to supplementary performance. If the supplementary performance fails, you can choose to withdraw from the purchase contract or to reduce the purchase price. If the purchaser does not specify which right within the meaning of According to § 437 BGB, Tonkin Design can exercise the right to choose.
(4) Oral or written information about the suitability and possible uses of our goods are not to be regarded as an assurance of properties, but merely as advice on purchasing. Any further liability for damages, for whatever legal reason, is excluded.
§ 7 Copyright
All texts, images and graphics used here are subject to copyright and other laws for the protection of intellectual property. Copying and reproduction (including printing on paper) are only permitted for the purpose of using them for personal information purposes. Any other use, i.e. copying, reproduction, translation and processing of the content, in particular the use of the image and text material, is not permitted without the prior written consent of Tonkin Design. Images and texts that were made available to Tonkin Design by third parties are also subject to copyright.
The customer is not entitled to commercially manufacture, reproduce or sell our goods himself or through third parties, or to offer the articles in our range for sale on the Internet with or without a preview or to display them for other purposes. Tonkin Design owns the rights to the images.
§ 8 Miscellaneous
(1) The law of the Federal Republic of Germany applies. The United Nations Convention on Contracts for the International Sale of Goods (CISG) of April 11, 1980 does not apply.
(2) Complaints are to be submitted to the address given in § 1.
§ 9 Final Provisions
(1) The ineffectiveness of individual provisions does not affect the effectiveness of the remaining general terms and conditions. In the case of contracts with merchants, trading companies, legal entities under public law, special funds under public law and in the event that the customer who is not a consumer does not have his general place of jurisdiction in Germany, the place of jurisdiction is Karlsruhe. German law applies.
(2) These general terms and conditions of business and delivery of Tonkin Design dated June 28th, 2019 are current and valid.
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