GTCs in a nutshell:
These GTCs are based on the generally applicable provisions of the German Civil Code (BGB) - without any ifs or buts. However, as it is necessary for correct webshop operation to list the GTCs in detail, you will find them described below:
Part 1. of the GTCs:
1. basic provisions
1.1 The following business terms are applicable to all the contracts, which you conclude with us as a supplier (toshi / Tobias Schirmer) via the www.toshi.eu website. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is hereby rejected.
1.2 A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
2. Conclusion of the contract
2.1 The subject of the contract is the sale of goods.
Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.
2.2 You can submit a binding purchase offer (order) via the online shopping basket system.
The goods intended for purchase are placed in the ‘shopping basket’. You can call up the ‘shopping basket’ via the corresponding button in the navigation bar and make changes there at any time. After calling up the ‘Checkout’ page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.
Before submitting the order, you have the option of checking all details again, changing them (also using the ‘back’ function of the Internet browser) or cancelling the purchase.
By submitting the order via the ‘order with obligation to pay’ button, you are submitting a binding offer to us.
2.3 The acceptance of the offer (and thus the conclusion of the contract) takes place immediately after the order by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message, you are no longer bound by your order. In this case, any services already rendered will be refunded immediately.
2.4 Your enquiries regarding the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days.
2.5 The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
3. right of retention, retention of title
3.1 You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.
3.2 The goods remain our property until the purchase price has been paid in full.
4. Liability
4.1 We shall be liable without limitation for damages resulting from injury to life, body or health, in all cases of intent and gross negligence, fraudulent concealment of a defect, assumption of a guarantee for the quality of the object of purchase, damages under the Product Liability Act and in all other cases regulated by law.
4.2 If material contractual obligations are affected, our liability for slight negligence is limited to the foreseeable damage typical for the contract. Essential contractual obligations are essential obligations which arise from the nature of the contract and the breach of which would jeopardise the achievement of the purpose of the contract, as well as obligations which the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which you may regularly rely.
4.3 In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.
4.4 According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times.
5. Choice of law, place of fulfilment, place of jurisdiction
5.1 German law shall apply. In the case of consumers, this choice of law shall only apply insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favourability).
5.2 The place of fulfilment for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is filed. This shall not affect the right to bring an action before a court at another statutory place of jurisdiction.
5.3 The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
Part 2. of the GTCs:
Customer information
1. identity of the seller
toshi - Berlin (owner Tobias Schirmer)
Schivelbeiner Str.04
10439 Berlin
Germany
Phone: +49 30-89759595
Email: mail@toshi.eu
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with point 2 of our General Terms and Conditions (Part I.).
3. contract language, contract text storage
3.1 The contract language is German or English.
3.2 We do not store the complete text of the contract. Before sending the order via the online shopping basket system, the contract data can be printed out using the browser's print function or saved electronically. After we have received the order, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail
4. essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the item description and the supplementary information on our website.
5. Prices and terms of payment
5.1 The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2 The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly labelled button on our website, are shown separately during the ordering process and are to be borne by you in addition, unless delivery free of shipping costs has been promised.
5.3 The payment methods available to you are shown under a correspondingly labelled button on our website or in the respective item description.
5.4 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Terms of delivery
6.1 The terms of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website (see shipping information).
6.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
7. Statutory liability for defects in goods
7.1 The statutory provisions shall apply.
7.2 As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will have no effect on your statutory warranty claims
8. cancellation policy / right of cancellation
All information on your right of cancellation can be found in the cancellation policy section!
Note for B2B customers and stores
Please contact us for information on the order process, the conditions and the general terms and conditions for trade / B2B.
We are happy to help you by phone or e-mail.