General Terms and Conditions (GTC)
of TOM TAILOR E-Commerce GmbH
Garstedter Weg 14, 22453 Hamburg
Germany
- General
- Orders
- Delivery, shipping costs, withdrawal and returns
- Information concerning the right of withdrawal
- Payment
- Retention of title
- Collection and use of data
- Defects, Applicable law
- Complaints procedure
- Operator of the online shop
1. General
The following terms and conditions (“terms and conditions”) apply to all orders and services in connection with the websites on www.tom-tailor.eu (“TOM TAILOR online store”) constituted between a consumer (“consumer” or “you”) and TOM TAILOR E-Commerce GmbH ("TOM TAILOR", “we” or “us”). By accessing the TOM TAILOR online store, or by shopping at the TOM TAILOR online store, you accept these terms and conditions. Deviating provisions do not apply.
2. Orders
2.1. Presentations of goods at the TOM TAILOR online store do not constitute binding offers. By activating the button “BUY NOW” you place an order to TOM TAILOR to buy goods. When you place an order to purchase goods from TOM TAILOR, we subsequently will send you an e-mail, which confirms the receipt of your order. This e-mail is only an confirmation that we have received your order. It does not constitute an acceptance of your order. Your order is only accepted, and a contract is only concluded, when we dispatch the respective goods to you and when we have sent a regarding e-mail confirmation to you.
2.2. TOM TAILOR may refuse to accept your order, particularly if an item is unavailable or if you have failed to pay invoices for previous deliveries. I case we do not accept an order we shall inform you. We accept orders only in quantities which correspond to the typical needs of an average household.
2.3. Only consumers older than eighteen years and with a residential address in the European Union may place an order at the TOM TAILOR online store. TOM TAILOR will not conclude contracts with customers from other countries. Please note that we do not deliver to certain parts/regions of the aforementioned countries. Further details are provide in Sec. 3.1 (delivery and shipping).
2.4. Prices at the TOM TAILOR online store are indicated in EURO. The prices are inclusive of legally applicable value added tax (“VAT”) but do not include delivery and shipping costs. Delivery and shipping costs do accrue as indicated separately.
2.5. The minimum order value is EUR 24,00 (incl. VAT).
2.6. Until finally placing your order by activating the button “BUY NOW”, you may identify and correct input errors at any time. For this purpose, please activate the Button “SHOPPING CART”. Then please check and, if necessary, correct errors by deleting and/or updating your order.
2.7. The language of the contract is English. This means that we only conclude contracts in English language.
2.8. After concluding the contract, we store the text of this agreement. You have no access to such stored agreement, however, on http://www.tom-tailor.eu/?servicecenter=agb you have access to the applicable terms and conditions, as amended from time to time
3. Delivery, shipping costs, withdrawal and returns
3.1. Shipping is only possible to Czech Republic, Denmark (with the exception of Faroe Islands and Greenland), Latvia, Lithuania, Luxembourg, Portugal (with the exception of the Azores), Slovakia and Spain (with the exception of Ceuta, Melilla and the Canary Islands).
3.2. The delivery charge for each order is EUR 6,95.
3.3. We usually deliver within 2 – 4 days following confirmation of an order. In certain cases delivery can take up to 7 days.
3.4. In case you return goods without further statements, we will interpret such returning of goods as withdrawal from the purchase, provided the withdrawal deadline as stipulated in Sec. 4 of these terms and conditions is met. Accordingly, you may withdraw by returning goods to TOM TAILOR E-Commerce GmbH, c/o arvato distribution GmbH, Schleefstraße 266, 44287 Dortmund, Germany. Alternatively, you may use the model withdrawal form. In case of withdrawal you will have to bear the direct cost of returning the goods.
4. Information concerning the right of withdrawal
Right of withdrawal You have the right to withdraw from this contract within 60 days without giving any reason.
The withdrawal period will expire after 60 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods or, in the case of a split delivery, of the last goods.
To exercise the right of withdrawal, you must inform us (TOM TAILOR E-Commerce GmbH, c/o arvato distribution GmbH, Schleefstraße 266, 44287 Dortmund, Germany, Telefon: +49 40 18047237, Telefax: +49 40 18047873, E-Mail: e-shop.eu@tom-tailor.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you (with the exception of the supplementary costs resulting from your choice of a type of delivery), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, TOM TAILOR E-Commerce GmbH, c/o arvato distribution GmbH, Schleefstraße 266, 44287 Dortmund, Germany, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you dispatch the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Model withdrawal form (complete and return this form only if you wish to withdraw from the contract)
— To TOM TAILOR E-Commerce GmbH, c/o arvato distribution GmbH, Schleefstraße 266, 44287 Dortmund, Germany, Telefax: +49 40 18047873, E-Mail: e-shop.eu@tom-tailor.com I/We * hereby give notice that I/We * withdraw from my/our * contract of sale of the following goods */for the provision of the following service *
— Ordered on */received on * — Name of consumer(s) — Address of consumer(s) — Signature of consumer(s) (only if this form is notified on paper) — Date
(*) Delete as appropriate.
5. Payment
5.1. The price for the sale of goods is the price as depicted at the time you placed your order. Accordingly, subsequent change in price has no effect on orders already placed.
5.2. We accept payments by credit card (Visa and MasterCard) or by PayPal. We do not accept any other methods of payment.
5.3. In case of payment by credit card, we reserve the right to check the validity of you credit card, its credit status in relation to the order value and whether your address data is correct. We may refuse orders depending on the result of the checks.
6. Retention of title
All goods shall remain our property until the customer has settled all of its payment obligations towards TOM TAILOR.
7. Collection and use of data
7.1. Personal data which is made known to us in the course of our business relationship with you, e.g. your name and contact details, is saved and used by us solely for the purpose of fulfilling the contract (Art. 6 para. 1 sentence 1 lit b GDPR). We only pass on your data to the delivery company commissioned to carry out the delivery, insofar as this is necessary for the delivery of the items concerned. For processing payments, we pass on your payment data to the bank commissioned with handling the payment in question.
7.2. By accepting these General Terms and Conditions, you consent to us passing on your personal data, i.e. your name and address to AZ Direct GmbH, Carl-Bertelsmann-Straße 161 S, 33311 Gütersloh, Germany, via the company arvato distribution GmbH, Nordring 2, 59320 Ennigerloh, Germany, for the purpose of performing a postal address validation/correction.
7.3. If you no longer consent to your personal data being saved or if the data concerned is no longer correct, we shall, upon receiving a corresponding instruction, arrange for your data to be deleted, amended or blocked within the framework of the statutory provisions. You may request us to send you information free of charge concerning all your personal data we have stored. You may withdraw your consent at any time with future effect. Please notify us by e-mail (abmeldung@tom-tailor.com) or send your letter to TOM TAILOR E-Commerce GmbH, Postfach 1700, 31817 Springe, Germany, if you wish to do so.
7.4. Further details on data processing, such as what happens when you visit our website, are regulated by our privacy policy.
8. Defects, Applicable law
8.1. These terms and conditions and all agreements with you are governed by and construed in accordance with the laws of Germany. The application of the United Nations Convention of Contracts for the International Sale of Goods is excluded.
8.2. In case of defective goods, the statutory provisions apply.
8.3. In any case, this choice of applicable law shall not have the result of depriving you, the consumer, of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the law which, in the absence of choice, would have been applicable.
9. Complaints procedure
Platform of the EU Commission regarding online dispute resolution: http//ec.europa.eu/consumers/odr. Note in accordance with the Consumers' Settlement Act: TOM TAILOR E-Commerce GmbH is not obliged to participate in dispute resolution proceedings before a consumer arbitration service.
10. Operator of the online shop
TOM TAILOR E-Commerce GmbH, Garstedter Weg 14, 22453 Hamburg
Local court Hamburg: HRB 148471
represented by the managing directors: Paul Pörtner, Christian Werner, Behija Karup
Sales tax identification number: DE 118546414
Phone: +49 (0) 40-180 472 37 (See your provider rates for international calls) mondays - fridays 08:00 to 20:00 o' clock
Fax: 0800-9933400 (free of charge)
E-Mail: e-shop.eu@tom-tailor.com
IDU for textil: FR270169_11ACEM IDU for packages: FR270169_01QBQN
11. operator of the online shop
TOM TAILOR E-Commerce GmbH, Garstedter Weg 14, 22453 Hamburg, Germany Hamburg Local Court: HRB 148471 represented by the managing directors: Dr Gernot Lenz, Paul Pörtner Sales tax identification number: DE 118546414
