Conditions

Table of contents

1. general provisions

2. conclusion of contract

3. right of withdrawal

4. prices and payment

5. delivery

6. applicable law/jurisdiction

7. liability for defects in the event of transport damage

8. warranty

9. reservation of title

10. minimum order value

11. redemption of promotional vouchers

1) General provisions

1.1 Unless expressly stated otherwise, all prices are inclusive of statutory VAT.

1.2 Customers can order via e-commerce at www.toldys.com around the clock. Contracts are concluded exclusively on the basis of these General Terms and Conditions in the version available on the Internet at the time of the order.

1.3 These General Terms and Conditions "GTC", trading as TOLDYS e.U., apply to all contracts for the delivery of goods that a consumer or entrepreneur, hereinafter referred to as "customer", concludes with the seller with regard to the goods presented by the seller in his online store. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.4 A customer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person, or a partnership with legal capacity, for whom the transaction is part of the operation of their business.

1.5 TOLDYS e.U. reserves the right to amend the GTC at any time and will publish these on its website www.toldys.com. Since orders are technically only possible after express acknowledgement of the GTC, the customer also acknowledges the GTC in the amended version by placing an order.

1.6 Amendments and supplements to the contracts concluded on the basis of these GTC must be made in writing to be legally effective; the same applies to any waiver of this formal requirement. Verbal collateral agreements shall have no legal effect.

1.7 The customer's GTC shall not be deemed to have been agreed and are therefore invalid.

2) Conclusion of contract

2.1 The customer can submit the offer via the online order form integrated into the seller's online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.2 The seller TOLDYS e.U. can accept the customer's offer within 7 days.

2.3 A contract is concluded as soon as the duly completed order form has been confirmed by means of an order confirmation email and the order has thus been accepted.

2.4 Customers have a right of withdrawal:

A customer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession.

2.5 Only the German language is available for the conclusion of the contract.

3) Right of withdrawal

Customers are entitled to the statutory right of revocation as described in the revocation instructions.

4) Prices and payment

4.1 The prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 Payment shall be made at the customer's discretion using a means of payment indicated at the start of the order process.

The customer acknowledges that he can pay for the goods ordered as follows:

Credit card

4.3 By credit card: MasterCard and Visa are currently supported. In this case, payment must be made step by step. The direct debit will be initiated concurrently with acceptance of the order. Revocation of the direct debit authorization by the contractual partner is not permitted.

Immediately

4.4 In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account activated for participation in "SOFORT", legitimize himself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is then immediately carried out by "SOFORT" and the customer's bank account is debited. The customer can find more information on the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/.

Apple Pay

4.5 In order to be able to pay the invoice amount via Apple Pay, the "Safari" browser must be used and registration with the service provider Apple is required to activate the Apple Pay function, legitimize yourself with your personal access data and confirm the payment instruction. The payment transaction is carried out immediately after the order is placed. The customer will receive further instructions during the ordering process.

5) Delivery

5.1 Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address specified by the customer. The delivery address specified in the seller's order processing is decisive for the processing of the transaction. Unless otherwise agreed, the goods will be delivered from the warehouse to the delivery address specified; delivery will be made by post, parcel service or forwarding agent. TOLDYS e.U. will ship the goods as quickly as possible with a shipping service provider of its choice.

5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of revocation, the provision in the seller's revocation instructions shall apply to the return costs.

5.3 The risk for the ordered goods passes to the customer when the goods are handed over to the shipper; this also applies to partial deliveries. If the contractual partner does not accept the delivered goods, TOLDYS e.U. is entitled to withdraw from the contract or to demand compensation for non-fulfillment after the expiry of a grace period of 2 weeks. TOLDYS e.U. is also entitled to store the goods at the customer's expense and to insist on compliance with the purchase contract.

5.4 In the case of deliveries of larger quantities, TOLDYS e.U. reserves the right to split the delivery into one or more partial deliveries for logistical reasons. The partial deliveries will be sent to the recipient at intervals of 2 working days each.

5.5 Returns must be notified in advance by e-mail. Costs are individual and are determined on a case-by-case basis. TOLDYS e.U. reserves the right to refuse returns.

6) Applicable law/jurisdiction

6.1 The law of the Republic of Austria shall apply to all legal relationships between the parties to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

6.2 The exclusive place of jurisdiction shall be the place of the Seller's registered office.

7) Liability for defects in the event of transport damage

7.1 If the goods are defective, the provisions of statutory liability for defects shall apply.

7.2 The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform TOLDYS e.U. of this. If the customer fails to do so, this will have no effect on his statutory or contractual claims for defects.

8) Warranty

8.1 The customer is also obliged to inspect the goods on delivery. If the service or the delivered goods are defective, this must be reported to TOLDYS e.U. immediately in writing:

By e-mail to office@toldys.com

9) Retention of title

9.1 The goods shall remain the property of the contractor until full payment has been made.

10) Minimum order value

10 €

11) Redemption of promotional vouchers

11. vouchers that the seller issues free of charge as part of (promotional) campaigns with a certain period of validity and that the customer cannot purchase ("promotional vouchers") can only be redeemed in the seller's online store and only during the period specified by the seller.

11.2 Promotional vouchers can only be redeemed by customers.

11.3 Individual products may be excluded from the voucher promotion.
The specific restrictions, if any, can be found on the promotional voucher.

11.4 Promotional vouchers can only be redeemed before the order process is completed. They will not be offset retrospectively.

11.5 Only one promotional voucher can be redeemed per order. It is not possible to redeem several promotional vouchers in one order.

11.6 The value of the goods in the respective order must (subject to the minimum order value) be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

11.7 If the value of a promotional voucher is not sufficient to pay for the respective order, one of the payment methods offered can be used to settle the difference.

11.8 The credit balance of a promotional voucher is neither paid out nor interest-bearing.

11.9 The promotional voucher will also not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of their statutory right of withdrawal.

11.10 Promotional vouchers are generally transferable.
The seller shall make payment to the customer who redeems the respective gift voucher. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible ineligibility, legal incapacity or lack of power of representation of the respective gift voucher holder.

Conditions

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