TERMS AND CONDITIONS OF SALE (“TERMS AND CONDITIONS”)
Version 2021-1; posted and effective as of October 1st, 2021
These Terms and Conditions establish the conditions for sales made between any individual wishing to make a purchase of TOMSEN products (“Products”) from www.tomsensports.com website (the “Online Store”) and TOMSEN Sports GmbH, a German company registered under Düsseldorf: HRB 93357, having its main office at Mühlenhof 7-9, 40721 Hilden, Germany (Together “TOMSEN”, “we” or “us”, as the context may require).
1. ABOUT THESE TERMS AND CONDITIONS
These Terms and Conditions only apply to purchases made in the Online Store.
We may change these Terms and Conditions from time to time. We will state their effective date above. Any changes to the Terms and Conditions will apply to orders placed on or after the effective date.
BY PLACING AN ORDER FOR PRODUCT(S) YOU AGREE TO BE BOUND BY AND ACCEPT THESE TERMS AND CONDITIONS.
2. PLACING AN ORDER
2.1. Please note that orders can only be placed by non-trading individuals. We will not accept orders placed by companies, associations, independent contractors or any other kind of legal entity.
To be able to buy Product(s) you have to:
- provide your name and address, phone number, email address, payment details and other required information
- be at least 18 years of age
- have a delivery address in the European Union, United Kingdom, Norway or Switzerland
2.1. In case you created an account with a personal user identification and password, keep your password protected at all times and do not disclose it to anyone else as you are personally responsible for each purchase made using your user identification and password.
3. ORDER PROCESSING AND CONTRACT CONCLUSION
You agree that your order is an offer to buy the Product(s) listed in your order under these Terms and Conditions. All orders must then be accepted by us.
We may choose not to accept orders in our sole discretion and notably abnormal orders, orders which we suspect are not placed in good faith or orders which have not been placed by individuals, or orders for personalized products when components are not available. We are not required to provide a reason for declining to accept any order, though may do so in our sole discretion.
After having received your order, if we accept it, we will send you an order confirmation by email with your order number and details of the Product(s) you have ordered and the Terms and Conditions.
Conclusion of the contract will take place the moment you receive the order confirmation email.
You are responsible for the accuracy of the details you provide us.
The order confirmation email is your proof of purchase, please store it as we will not archive your contract.
4. PRICES, SHIPPING AND HANDLING CHARGES AND TAXES
The price charged for a Product will be the price in effect at the time the order is placed and will be set out in the order confirmation email.
We may change prices at any time without notice. Price increases will only apply to orders placed after such changes.
Prices for the Product(s) include VAT or other applicable taxes but do not include charges for shipping and handling.
Separate charges for shipping, handling and their related VAT or other taxes will be shown in the Online Store during the ordering process and, in any case, in the order confirmation email.
We deliver Product(s) only to European Union, United Kingdom, Norway and Switzerland and subject to the following restrictions:
We are unable to deliver to P.O. Box addresses.
Delivery options are as follows:
Standard: estimated delivery time of 2 to 3 business days
Express: estimated delivery time of 1 to 2 business days
Delivery time as well as the delivery option you chose will be confirmed in the order confirmation.
Delivery time will not exceed 30 days, unless you specifically agree to a later date.
If you order any personalized Product(s), the manufacturing time for such personalized Product(s) is added to the shipping time of the selected delivery option. The maximum delivery time for personalized products is 6 weeks.
In case you unreasonably defer delivery or delay the receipt of delivery after we have notified you that we have tried to deliver the ordered Product(s) to you, or if you have provided us with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to us. If the Product(s) remain undelivered after the first delivery attempt for a period of 7 working days and are returned to us undelivered, we shall be entitled to cancel the contract and we will refund you in accordance with the provisions of Section 9.
We shall not be held responsible for delayed delivery or failure to perform, if the delay or failure is neither due to our fault nor for our account pursuant to the law or generally accepted principles.
We encourage you to examine the delivery package and received Product(s) within 14 days after they are delivered to you and check their condition and that the content of the delivery package is complete. In case of damaged or missing Product(s), please contact our Customer Care at email@example.com
6. PRODUCT(S) AVAILABILITY
We do not guarantee the availability of any Product(s) in the Online Store. Unless we have accepted your order, we reserve the right, without liability or earlier notice, to change, discontinue or stop making available any Product(s).
7. COMPATIBILITY, PRODUCT INFORMATION
Please take care when placing your order to ensure that the Product(s) you purchase are compatible for the intended use. Please use the Online Store as your final point of reference when checking compatibility. In the event of a difference between the Online Store content and any other website (or any other source of information) the compatibility of Product(s) as shown in the Online Store at the time of purchase will be seen as taking precedence.
Payment can be made by credit card (Visa/Mastercard), Klarna and Paypal.
All payments will be subject to security checks. Therefore our services may contact you to confirm your order information and order details such as proof of address, proof of address in the name of the person indicated for the delivery address etc.
9. RETURN AND REFUND
Please note that we will only process returns and refunds for Product(s) bought in the Online Store.
Cancellation right: If you have bought Product(s) for your own private use as a consumer and want to exercise your right to cancel the contract and return the Product(s) you may do so by contacting our Customer Care firstname.lastname@example.org within 14 days after the date on which you receive the Product(s).In case of a contract relating to multiple Product(s), your cancellation right will expire within 14 days after the date on which you receive the last Product.
In order to exercise your cancellation right and return the products, please rcontact Customer Care at email@example.com.
You may only return Product(s) over which you have taken reasonable care and which you have not used in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product(s). You will be liable for any diminished value of the Product(s) resulting from your handling of the Product(s) other than what is necessary to establish the nature, characteristics and proper functioning of the Product(s) you bought.
PLEASE NOTE THAT YOU CANNOT EXERCISE THIS RIGHT OF CANCELLATION IN RESPECT OF:
-ANY PRODUCT(S) WHICH HAVE BEEN MADE TO THE CONSUMER’S SPECIFICATIONS OR PERSONALISED
-ANY SEALED UNDERWEAR PRODUCT(S) WHICH WERE UNSEALED AFTER DELIVERY AND ARE NOT SUITABLE FOR RETURN FOR HYGIENE REASONS
Once we have received your online statement to cancel the contract, we will send you a confirmation email.
You will then have to return the Product(s) without undue delay and in any event not later than 14 days from the date on which you notified your decision to withdraw from the contract. You will bear the direct costs for returning the Product(s).
You must return the Product(s) in their original package. You must include all accessories, user manuals and any free gifts that came in the same package. Where a Product has been purchased as a part of a bundle of multiple Products, all multiple Products within that bundle must be returned. Please treat the Product(s) with reasonable care and return them in the condition that they were delivered to you. Please pack the Product(s) securely and make sure that your order number is clearly visible on the outside of the parcel. To ensure fast and secure return we encourage you to follow the given return instructions.
We will refund the price you paid for the Product(s) plus the initial shipping cost within 2 days of receiving the returned products at our warehouse. In case you chose an express delivery option, only standard initial shipping cost will be reimbursed.
The refund will be confirmed by email. Payment will be carried out using with the same means of payment as you used for the initial transaction.
If you return Product(s) 1) that you are not entitled to return, 2) that you damaged or used in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product(s), or ,3) with Product(s) missing, or 4) have otherwise failed to exercise reasonable care when taking care of and returning Product(s), we reserve the right either to reject your return and decline to refund or to reduce any payments to be refunded to you for the diminished value of the Product(s), subject to applicable law.
Other return cases: If the Products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged in transportation, please contact without delay our TOMSEN Customer Care department either via email or by phone for assistance.
10. WARRANTIES AND STATUTORY RIGHTS
We are providing you a legal guarantee of conformity in accordance with the laws of England and Wales.
We shall ensure that our Products meet the core standards required by applicable law, and in particular, shall ensure that our Products will be of satisfactory quality and match the description provided to you by us. If we deliver a Product to you that is not of satisfactory quality or does not match the description we have provided or does not otherwise comply with your legal rights, you may contact us for a repair or replacement or, where this is not possible or is disproportionate, a refund.
Our warranty policy for Product(s) is available on our website, at section warranty policy.
AS A CONSUMER, YOU HAVE LEGAL RIGHTS IN RELATION TO PRODUCTS THAT ARE FAULTY OR NOT AS DESCRIBED. PLEASE NOTE THAT OUR WARRANTY POLICY DOES NOT (AND SHOULD NOT BE READ TO) AFFECT, EXCLUDE, LIMIT OR SUSPEND ANY OF THE STATUTORY RIGHTS YOU MAY HAVE.
If you believe that you are entitled to warranty services, please contact our Customer Care department.
11. PERSONAL DATA
We will take reasonable care to keep the details of your order and payment secure, but we cannot guarantee that a third party may not obtain unauthorized access to any data you provide when accessing or ordering from the website.
12. OUR LIABILITY
We shall perform our obligations under these Terms and Conditions with reasonable care and skill.
There are certain liabilities that we cannot exclude under applicable law. In particular, nothing in these Terms and Conditions limits our liability for personal injury or death caused by our negligence or our liability for fraud. You have certain legal rights as a consumer, including legal rights relating to faulty or mis-described goods. Nothing in these Terms and Conditions will affect these legal rights.
We are responsible only for losses that are a natural and foreseeable consequence of our breach of these Terms and Conditions. We shall not be liable if we are prevented or delayed from complying with our obligations by anything that you (or anyone acting on your behalf) does or fails to do or due to events that are beyond our reasonable control.
You must follow any advice that we give you in relation to Products (including instructions, user guides and/or manuals provided with Products). We do not accept liability for damage to Products that we have supplied where caused by your failure to follow our advice.
You should take care to ensure that the Products you order are suitable for your purposes. In particular, we will not be responsible for ensuring that the Product(s) are suitable for your intended purposes, unless you have informed us of such purposes before conclusion of the contract and we have agreed with them.
We make no warranty that the Online Store will meet your requirements or will be uninterrupted, timely or error-free or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and/or reliability of the Online Store. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Online Store.
Design of customized products:
We make our best efforts to meet your expressed design wishes by the application of your personal contents on the product to be personalized. However, we may have to make some modifications for technical reasons (e.g. format compacting of photos and pictures to fit to the products measurements).
We exclude any liability for the legal admissibility of the personal contents provided by you, in particular photos, pictures and texts for which you are solely responsible. Please make sure that the personal contents you wish to provide comply with mandatory laws and regulations and do not infringe any third party rights (in particular any personality rights, copyrights, etc.). Should we have reasons for suspecting that the contents you provide infringe mandatory laws and regulations or third party rights, we are entitled to refuse the said contents and to withdraw from the contract.
The Online Store may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Online Store and any transactions conducted on or through the Online Store.
If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
In relation to purchases from the Online Store, we will communicate electronically by sending email or otherwise posting electronically.
PLEASE NOTE THAT THESE TERMS AND CONDITIONS DO NOT AFFECT (AND SHOULD NOT BE READ TO AFFECT) YOUR STATUTORY RIGHTS WHICH CANNOT BE WAIVED OR LIMITED BY CONTRACT.
14. CUSTOMER SERVICE
Our Customer Service will assist you with any Online Store order related questions. You can contact us either via email or chat 24/7 except public holidays:
By e-mail: firstname.lastname@example.org
15. GOVERNING LAW
These Terms and Conditions shall be governed and construed in accordance with the laws of Germany.
Any disputes and claims arising out of or relating to these Terms and Conditions shall be subject to the exclusive jurisdiction of the German Courts to which you and we each submit.