Tomoshop.nl is part of Puchshop.de (Tomoshop.nl) B.V.
Article 1. Definition
1. In these general conditions the following terms have the following meanings, unless explicitly stated otherwise. Puchshop.de (Tomoshop.nl): the user of the general terms and conditions The consumer: a party who is a natural person not acting in the course of a business or profession; Agreement: the agreement between Puchshop.de (Tomoshop.nl) and consumers;
Consumer purchase: the agreement for purchase and sales of a movable thing, which is closed by a webshop/seller acting in the exercise of a profession or business, and a consumer, natural person not acting in the exercise of a profession or business.
Article 2. General
1. These general conditions apply to Puchshop.de (Tomoshop.nl).
2. These conditions apply to all offers and agreements between Puchshop.de (Tomoshop.nl) and consumers which Puchshop.de (Tomoshop.nl) has declared these conditions apply to the extent of these parties have not expressly and in writing.
3. These conditions also apply to agreements with Puchshop.de (Tomoshop.nl), the execution of which shall be third parties.
4. Puchshop.de (Tomoshop.nl) has the right to change these terms and conditions and / or expand without any prior message.
5. By placing an order for products and / or services, the consumer agrees to these terms and conditions.
Article 3. Conclusion of contract
1. The contract is concluded by acceptance of the products and / or services by consumers by placing an order in the shop of Puchshop.de (Tomoshop.nl).
Article 4. Prices / price increases
1. All prices are per item and stated in Euro (€) currency.
2. All prices are subject to typing errors.
3. All prices include VAT.
4. If Puchshop.de (Tomoshop.nl) with the consumer corresponds a certain price at the conclusion of the agreement, Puchshop.de (Tomoshop.nl) nevertheless be entitled to increase the price, even if the price was not given.
5. If a price increase occurs within three months after the conclusion of the agreement, the consumer receives the contract by written notice, terminate regardless of the percentage of the increase, unless the price increase resulting from an authority or an obligation on the Puchshop.de (Tomoshop.nl) obligation under the law or if it is stipulated that the delivery will take place. longer than three months after the purchase
Article 5. Offers
1. All offers are subject to and shall take the form of a webshop offer. The offer provides for a date or date, or is determined by date.
2. Puchshop.de (Tomoshop.nl) is only bound to offers if the acceptance thereof by the consumer, by direct order via the webshop. The mentioned in offer prices include VAT, unless otherwise indicated.
3. Puchshop.de (Tomoshop.nl) can not be held if the consumer, in terms of reasonableness and fairness in society ought to understand that the offer or any part of an obvious mistake or error. Prevailing views, to its offers
4. If the acceptance deviates (on secondary items) from the offer Puchshop.de (Tomoshop.nl) is not bound. The agreement is not in accordance with said deviating acceptance, unless Puchshop.de (Tomoshop.nl) indicates otherwise.
5. A compound quotation shall not be obliged Puchshop.de (Tomoshop.nl) to deliver part of the included in the offer against a corresponding part of the given price.
6. Offers do not apply automatically to repeat orders.
Article 6. Pictures
1. Product photos that are shown in the webshop serve to illustrate the product. Colors may vary slightly from the original. Can also be, in some cases, a model in a slightly different design illustrated delivered.
2. All images, drawings and data concerning weight, dimensions, colors etc. are only approximate and may not cause (damage) and / or dissolution.
3. All product descriptions, prices and images are subject to typographical errors.
Article 7. Delivery
1. Unless otherwise agreed, delivery within the Netherlands through carrier DPD or TNT POST. Deliveries are responsible for shipping charges that apply to the particular country abroad.
2. The consumer is obliged to take him at the moment these are available or made. Handed to him the goods purchased
3. If the consumer refuses or fails to provide information or instructions necessary for the delivery, the goods destined for delivery shall be stored at the risk of the consumer after Puchshop.de (Tomoshop.nl) has informed him. Consumers will be any additional charges in that case.
4. Puchshop.de (Tomoshop.nl) can not guarantee availability of all products. A shortage will be the consumer will be informed.
5. If Puchshop.de (Tomoshop.nl) requires information from the consumer in the context of implementation of the agreement, the delivery period after the consumer has made them available. Puchshop.de (Tomoshop.nl) to
6. If Puchshop.de (Tomoshop.nl) a deadline for delivery specified, this is indicative. A specified delivery time is never a deadline. The final delivery shall never exceed, unless there is force majeure. Specified delivery but with more than two weeks When a term is exceeded, the consumer Puchshop.de (Tomoshop.nl) written notice of default.
Article 8. Shipping
1. Puchshop.de (Tomoshop.nl) calculate shipping depending on size or weight of the package. For other countries, the shipping cost depends on the shipping method, the total package weight, any size.
2. Puchshop.de (Tomoshop.nl) has the right to charge, expand without any advance. Notice modify and / or shipping
Article 9. Inspection & Complaints
1. The consumer is obliged delivered at the time (off) delivery, but in any case in the shortest possible time to (do). It belongs to examine the quality and quantity of the delivered goods comply with what was agreed, at least meets the requirements that apply in the normal (business) transactions. Consumers
2. Possible visible shortcomings must be reported with the simultaneous submission of the warranty and the defect good, unless this is impossible or unreasonably difficult. Within three days after delivery to Puchshop.de (Tomoshop.nl)
3. A non-visible defect consumers within eight days after discovery, but to notify Puchshop.de (Tomoshop.nl) in compliance with the provisions of the last paragraph of this article. Within the warranty period After the warranty period is entitled Puchshop.de (Tomoshop.nl) all costs for repair or replacement, including to charge. Administration, shipping
4. If a complaint is made in good time under the previous paragraph remains the consumer is obliged to accept and pay for the items purchased. Want consumers to return defective items, so with the prior written permission of the Puchshop.de (Tomoshop.nl) and in the manner specified by Puchshop.de (Tomoshop.nl).
Article 10. Billing / payment
1. Payment shall be made only by means of payment (Bank Wire / Bank Transfer) within 3 days of conclusion of the agreement, an account number to be indicated by Puchshop.de (Tomoshop.nl) and currency.
2. Objections to the amount of the invoices shall not suspend the payment obligation.
3. After the expiration of three days after the conclusion of the contract, the consumer is in default, the consumer from the moment of default on the amount due an interest of 1% per month, unless the statutory interest rate is higher in which case the legal interest.
4. In case of bankruptcy, moratorium or receivership, the claims of Puchshop.de (Tomoshop.nl) and obligations of the consumer against Puchshop.de (Tomoshop.nl) due immediately.
5. Puchshop.de (Tomoshop.nl) has the right to stretch in the first place to reduce the costs, then deducting the outstanding interest payments made by the consumer and finally to reduce the principal and accrued interest. Puchshop.de (Tomoshop.nl) can, without being in default, to refuse an offer for payment, if the consumer a different sequence of attribution. Puchshop.de (Tomoshop.nl) may refuse full payment of the principal, if not also the cases and current interest and costs.
6. Orders taken by Puchshop.de (Tomoshop.nl) in treatment and / or warranty claims do not entitle to delay payment or partial payment the consumer.
Article 11. Warranty
1. Puchshop.de (Tomoshop.nl) guarantees that the delivered goods meet the usual requirements and standards that can be made and are free from any defects.
2. Under 1. mentioned warranty also applies if the goods to be delivered are destined for use abroad and consumers of this use at the time of entering into the agreement in writing has reported to Puchshop.de (Tomoshop.nl).
3. Under 1. mentioned warranty applies for a period of up to 3 months after delivery, unless otherwise indicated.
4. The purchase is evidence regarding the warranty.
5. If the delivered goods do not meet these guarantees, Puchshop.de (Tomoshop.nl) the matter within a reasonable time after receipt or, if return is not reasonably possible, following notification of the defect by the consumer, at the option of Puchshop.de (Tomoshop.nl) replace or to the repair. In case of replacement the consumer already now undertake to return the replaced good to Puchshop.de (Tomoshop.nl) and ownership to provide. Puchshop.de (Tomoshop.nl) to
6. The aforementioned warranty does not apply if the defect is caused by misuse or improper use, caused by (collision) or similar causes damage or wear caused by the use, or if, without written permission of Puchshop.de (Tomoshop.nl), consumers or others have made changes or tried to make the case or have used for purposes for which the case is not intended.
7. If the item delivered does not comply with the agreement and this non-conformity is a defect within the meaning of the regulation of the product, then Puchshop.de (Tomoshop.nl) not liable for the resulting damages.
8. When a fault within the warranty period of the product, all shipping / transportation cost for repair or replacement of the product offered to the buyer (owner of the product), unless otherwise agreed.
9. which is only suitable for use on the track at all times covered by the warranty.
10. In these general conditions relating to warranty, without prejudice to the guarantees of the consumer under the law, all in accordance with it in these terms and conditions in the agreement, including the nature and quality of which the consumer is sold and delivered.
11. The above warranty period does not apply to electronic components. Electronic parts can fail immediately when connected or used wrongly. Always let someone with knowledge work on it.
Article 12. Liability
1. If the goods delivered by Puchshop.de (Tomoshop.nl) are defective, the liability of Puchshop.de (Tomoshop.nl) to the consumer is limited to what these conditions under "Guarantee".
2. When the producer of a defective good is liable for consequential damages, the liability of the Puchshop.de (Tomoshop.nl) limited to repair or replacement of the item, or refund the purchase price.
3. Notwithstanding the above Puchshop.de (Tomoshop.nl) not liable if the damage is due to intent and / or gross negligence and / or imputable actions, or injudicious or improper use of the consumer.
4. The limitations of liability for direct damage contained in these conditions do not apply if the damage is due to intent or gross negligence of Puchshop.de (Tomoshop.nl) or his subordinates.
Article 13. Retention
1. Puchshop.de (Tomoshop.nl) remains owner of the delivered until the purchase price is paid in full.
Article 14. Transfer of Risk
1. The risk of loss or damage to the products covered by the agreement shall pass to the consumer at the moment they are legally and / or actually delivered to the consumer and in the power of the consumer or of the consumer to be appointed by third parties.
Article 15. Collection costs
1. If the consumer has not paid the amount due within the prescribed period and Puchshop.de (Tomoshop.nl) to collect the claim by judicial or other road is passed, the consumer is obliged to pay a compensation for the costs involved in to Puchshop.de (Tomoshop.nl) accordance with the collection rate of the Dutch Bar Association, but with a minimum of € 200, - per invoice.
2. If Puchshop.de (Tomoshop.nl) proves to have higher costs, which were reasonably necessary, these will also be recoverable.
3. Any reasonable judicial and execution costs are also borne by the consumer.
4. The consumer is the collection charges interest.
Article 16. Returns
1. Consumers can return goods only after consultation with Puchshop.de (Tomoshop.nl).
2. When a shipment, the product package (package) to be provided with a copy invoice a clear description of the defective / complaint of the product. Without this information will Puchshop.de (Tomoshop.nl) the application will not be processed.
3. Puchshop.de (Tomoshop.nl) is not responsible for any loss of goods during a return, it is desirable that all documentation is duplicated to send. Puchshop.de (Tomoshop.nl) prior to the defective product (s)
4. The consumer is responsible for damage and / or loss during transport to Puchshop.de (Tomoshop.nl).
5. The shipping of the exchange or repaired product (s) shall be borne by the consumer.
Article 17. Cancel Order
1. The cancellation of an order is possible within 24 hours after placing the order.
2. If the delivery period exceeds three weeks (21 days) gets consumers the opportunity to cancel the order free of charge unless otherwise agreed (either by telephone or by e-mail).
3. If a consignment is accepted or not is not collected at the post office, the consumer immediately payable fee. That made us the double shipping of € 15.-including VAT.
Article 18. Suspension and termination
1. Puchshop.de (Tomoshop.nl) is authorized to suspend or terminate the agreement, the fulfillment of the obligations if:
- Consumers are not or not fully comply with the obligations under the agreement.
- After the conclusion of the agreement Puchshop.de (Tomoshop.nl) of circumstances to fear that the consumer will not fulfill his obligations. If good ground exists to fear that the consumer will fulfill only partially or improperly suspension shall only be allowed in so far the shortcoming justifies such action.
- The consumer is requested at the conclusion of the agreement to provide for the fulfillment of his obligations under the agreement and this security is not provided or insufficient.
2. Furthermore Puchshop.de (Tomoshop.nl) authorized the agreement (have) terminate if circumstances arise of such a nature that fulfillment of the contract impossible or to standards of reasonableness and fairness can not be expected or if other circumstances arise of such nature that the unaltered maintenance of the agreement can not reasonably be expected.
3. If the agreement is dissolved, the assets of Puchshop.de (Tomoshop.nl) on consumers due immediately. If Puchshop.de (Tomoshop.nl) the fulfillment of the obligations, he shall retain his rights under the law and the agreement.
4. Puchshop.de (Tomoshop.nl) retains claim. Entitled compensation
Article 19. Indemnities
1. Consumers Puchshop.de (Tomoshop.nl) indemnify against claims of third parties concerning intellectual property rights on materials supplied by the consumer or data, which are in the implementation of the Agreement.
2. If the consumer Puchshop.de (Tomoshop.nl) information carriers, electronic files or software etc., guarantee that said information carriers, electronic files or software are free of viruses and defects.
Article 20. Intellectual Property and Copyrights
1. Notwithstanding the other provisions in these general terms and conditions, Puchshop.de (Tomoshop.nl) the rights and powers Puchshop.de (Tomoshop.nl) entitled under the Copyright Act.
2. The consumer is not allowed to make changes in the business, unless the nature of the provided otherwise or agreed otherwise in writing.
3. The possibly produced design by Puchshop.de (Tomoshop.nl) under the agreement sketches, drawings, films, software and other material or (electronic) files, remain the property of Puchshop.de (Tomoshop.nl), whether the consumer or a third party have been handed over, unless otherwise agreed.
4. All documents by Puchshop.de (Tomoshop.nl), such as designs, sketches, drawings, films, software, (electronic) files, etc., are intended for use by consumers and may not be by him without the prior permission of Puchshop.de (Tomoshop.nl) reproduced, disclosed or released to third parties unless from the nature of the documents provided.
5. Puchshop.de (Tomoshop.nl) reserves the right to use the gained due to the execution of the work for other purposes, in so far no confidential information of third parties.
Article 21. Odds
1. Parties are not obliged to fulfill any obligation if as a result of a circumstance that is not due to negligence, and by virtue of law, a legal act or generally accepted practice account.
2. Force majeure is understood in these terms and conditions in addition to what is included in the law and jurisprudence, all external causes, foreseen or unforeseen, which Puchshop.de (Tomoshop.nl) can not influence, but which is unable Puchshop.de (Tomoshop.nl) the to fulfill obligations. Strikes in the company of Puchshop.de (Tomoshop.nl) be included.
3. Puchshop.de (Tomoshop.nl) shall also be entitled to invoke force majeure if the circumstance rendering (further) fulfillment occurs after Puchshop.de (Tomoshop.nl) should have fulfilled his obligation.
4. Parties may, during the period of force majeure the obligations under the agreement. If this period lasts longer than two months, either party may terminate the agreement without any obligation to pay damages to the other party.
5. For many Puchshop.de (Tomoshop.nl) at the time of the occurrence of force majeure has performed its obligations under the agreement is fulfilled or will fulfill, and to comply with or to meet an independent value, is Puchshop.de (Tomoshop.nl) entitled to the already performed respectively to be part of a separate bill. The consumer is obliged to pay if it were a separate agreement this invoice.
Article 22. Disputes
1. The judge in the place of Puchshop.de (Tomoshop.nl) has exclusive jurisdiction to hear actions, unless the District has jurisdiction. Nevertheless Puchshop.de (Tomoshop.nl) the right to submit to the legally competent judge.
2. Parties will first appeal to the courts after they have made every effort to settle a dispute.
Article 23. Applicable law
1. Any agreement between the consumer and Puchshop.de (Tomoshop.nl) Dutch law. The Vienna Sales Convention is expressly excluded.
2. Case of explanation of the content and purpose of these terms and conditions, the Dutch text will prevail ..