General Terms and Conditions of TOMARNI GmbH
General Terms and Conditions - Printable Version
1. Restrictions on Use
The following conditions apply to all available business relations between TOMARNI GmbH and its customers as well as to all connected information in product catalogs, price lists or advertisements, whether they took place verbally, in writing or via internet.
Customers in the sense of these terms and conditions are consumers and those that act as natural or legal entities inexercise of their commercial or self-employed occupational activity.
Relevant in each case is the version of the General Terms and Conditions valid at the time of conclusion of the contract. If not stated explicitly in writing, deviating terms and conditions do not apply.
2. Conclusion of Contract and Product Changes
All offers of TOMARNI GmbH take place in writing. With the order, the customer makes a binding offer to enter into a contract. A confirmation of receipt of the order on the part of TOMARNI GmbH represents no binding acceptance of a contract. A legally binding sales contract results only from the transmission of a written confirmation of order and/or from the delivery of the ordered good at the place of destination.
Due to the continuous advancement of the products and systems, TOMARNI GmbH reserves the right to change these at any time if at least an equivalent functionality and performance are guaranteed. Substantial changes are not made without the agreement of the customer.
3. Prices and Terms of Payment
All indicated prices contain the legally determined value-added tax plus the costs of packing and shipping. The payment to be made by the customer results from the order confirmation and/or the transmitted invoice. The scope of supply is determined by the positions specified in the order confirmation and/or invoice.
Unless otherwise agreed upon, the payment takes place via advance payment or by credit card. The good will be delivered immediately after receipt of payment, depending on punctual supply to ourselves.
A right to set off is entitled to the customer only if his counterclaims were legally determined or recognized by TOMARNI GmbH. The customer can exercise a right of lien only if his counterclaim rises from the same contractual relation.
TOMARNI GmbH reserves the right to retain pending deliveries in the case of delay of payment of enterprises until the payment is completed, and to require legal interests. Delay of payment is only given without a separate reminder by TOMARNI GmbH if the invoice amount was not paid within 30 days after issue of the invoice and if this consequence is indicated on the invoice.
4. Delivery
Possible times for delivery must be agreed upon separately with TOMARNI GmbH. The delivery period is observed as soon as the good has left storage or the factory within the intended period. The shipping address is indicated in the order confirmation.
If time for delivery is not being observed, and it can be proven to be due to mobilization, war, riots, strike, lockout, incorrect or late delivery by suppliers or owing to unforeseen events which lie outside of the power of TOMARNI GmbH or its suppliers, the time period for delivery is extended appropriately.
If a delivery is delayed due to the circumstances mentioned, the customer will be given notice as soon as possible. In the context of an appropriate respite (at least 14 days), the customer is provided the opportunity to withdraw, in writing, from the sales contract. In this case, the services already received are to be restituted immediately.
TOMARNI GmbH reserves the right to partial deliveries, if not otherwise explictly agreed upon. If this right is being utilized, expenses for packing and shipping are charged for only once. If the customer causes a delay in delivery, TOMARNI GmbH reserves the right to charge the customer any additional costs.
5. Reservation of Title
TOMARNI GmbH retains title to the goods until payment is complete. A payment is considered complete as soon as TOMARNI GmbH has the demanded amount at its disposal.
The customer is obliged to inform TOMARNI GmbH about third-party access to goods subject to reservation of title. It is not permitted to pledge, convert or reconfigure the goods of goods subject to retention of title.
The customer is entitled to sell the good subject to reservation of title in a proper course of business. However, at this time the customer already cede all resulting claims against the buyers of the good in the amount owed to TOMARNI GmbH, in order for TOMARNI GmbH to be able to guarantee pending demands for payment. TOMARNI GmbH accepts this cession. Even after the cession, the customer remains authorized to collect the amount owed. The authority of TOMARNI GmbH to collect the demand remains unaffected by this. As long as the customer meets his liabilities from the proceeds agreed upon, is not in delay of payment and, particularly, no request for the opening of an insolvency procedure is imposed or cessation of payment is present, no use will be made of this right.
TOMARNI GmbH reserves the right to withdraw from the contract and to demand restitution of the goods if the customer does not observe the terms agreed upon and in particular if payment is delayed.
6. Warranty and Liability
Warranty to customer: The warranty period for consumers amounts to two years starting from delivery of the good. Beyond that the legal regulations for customers apply.
Warranty to businesses: The warranty period for businesses amounts to 12 months starting from delivery of the good. Businesses must examine the supplied goods within one week upon receipt for conformity with the contract and indicate recognizable defects immediately. Otherwise, the supplied goods are considered as accepted. If the good does not show the condition agreed upon at the time of the transfer of risk or has any defects, TOMARNI GmbH reserves itself the right to eliminate the defect either by rectification or by replacement. TOMARNI GmbH does not warrant for defects which are caused by incorrect installation through the custumer or an assigned third party, for operating errors, interferences on the product by the customer or by a third party that wasn't entitled, or for external impacts on the product.
It is the customer's responsibility to regularly store his data and programs. It has to be noted that during repairs, deletion of the existing data and programs might be necessary. If not specifically agreed upon in advance, TOMARNI GmbH is not responsible for data storage.
TOMARNI Gmbh is only liable for injuries other than life, body and health as far as these are not based on deliberate or gross negligence or on culpable breach of a substantial contract obligation by TOMARNI GmbH. Further liability, particularly for substitution of indirect damage (consequential damages, missed profit), is excluded. The regulations of the product liability act remain unaffected.
If a substantial contract obligation is negligently breached, the liability of TOMARNI GmbH is limited to any predictable damage.
7. Right of Revocation in Distant Selling Contracts
Customers have the opportunity to revoke the declaration of intent directed towards conclusion of a distant selling contract within a period of two weeks upon receipt of the good. The period begins at the earliest upon report of this instruction. The revocation does not require an explanatory statement and is to be expressed in writing or by return of the good. In order to observe the revocation period, it is sufficient to send off the revocation or to dispatch the good on time to the following address:
TOMARNI GmbH
c/o Freie Universität Berlin
Altensteinstr. 44B
14195 Berlin
Fax: +49 (0)30-838-73694
Email: info[at]tomarni.de
In the case of revocation, the customer has to mail the good with insurance according to the value of the good, as far as this is possible in the context of the mailing of a package. If the value of the good exceeds € 40, the customer does not have to bear the cost of the return. The cost of a return with a commodity value of less than € 40 however, is borne by the customer.
A right of revocation does not exist for goods which are specifically manufactured or are clearly tailored to the needs of the customer, for example in the case of an individual RAL lacquer finish of the computer body or engraved personal insignia.
A right of revocation does not exist for supplied software or data media which were unsealed by the consumer.
If the consumer starts using the ordered good as intended and causes a deterioration of the good, TOMARNI GmbH reserves the right to demand an appropriate compensation, according to the value of the good. The accurate and careful examination of the good remains unaffected by this.
8. Data Security and Privacy
All data collected from the customer is treated confidentially. The data necessary for the business transaction is stored according to legal regulations, evaluated for internal purposes and passed on only in the context of services rendered by business partners that are relevant to the transaction.
Company secrets which are disclosed in the context of a business relation and are recognizable as confidential will be treated confidentially by both parties even after completion of the business relation.
9. Final Clauses
The legislation of the Federal Republic of Germany applies exclusively, excluding the regulations of UN Sales Law. If the customer acts as a merchant, Berlin is the exclusive legal venue for all disputes which are in connection with the business relation concerned.
If individual regulations of these terms and conditions should be totally or partially void, the validity of the contract remains in force.
The TOMARNI GmbH is justified to render individual obligations to subcontractors. The customer is entitled to transfer claims from this agreement with prior written approval from TOMARNI GmbH.
TOMARNI GmbH
c/o Freie Universität Berlin
Altensteinstr. 44B
14195 Berlin
Telephone: +49 (0)30-838-73689
Fax: +49 (030-838-73694
Email: info[at]tomarni.de
Ust IdNr.: requested
Last updated: 10. March 2007
General Terms and Conditions - Printable Version
1. Restrictions on Use
The following conditions apply to all available business relations between TOMARNI GmbH and its customers as well as to all connected information in product catalogs, price lists or advertisements, whether they took place verbally, in writing or via internet.
Customers in the sense of these terms and conditions are consumers and those that act as natural or legal entities inexercise of their commercial or self-employed occupational activity.
Relevant in each case is the version of the General Terms and Conditions valid at the time of conclusion of the contract. If not stated explicitly in writing, deviating terms and conditions do not apply.
2. Conclusion of Contract and Product Changes
All offers of TOMARNI GmbH take place in writing. With the order, the customer makes a binding offer to enter into a contract. A confirmation of receipt of the order on the part of TOMARNI GmbH represents no binding acceptance of a contract. A legally binding sales contract results only from the transmission of a written confirmation of order and/or from the delivery of the ordered good at the place of destination.
Due to the continuous advancement of the products and systems, TOMARNI GmbH reserves the right to change these at any time if at least an equivalent functionality and performance are guaranteed. Substantial changes are not made without the agreement of the customer.
3. Prices and Terms of Payment
All indicated prices contain the legally determined value-added tax plus the costs of packing and shipping. The payment to be made by the customer results from the order confirmation and/or the transmitted invoice. The scope of supply is determined by the positions specified in the order confirmation and/or invoice.
Unless otherwise agreed upon, the payment takes place via advance payment or by credit card. The good will be delivered immediately after receipt of payment, depending on punctual supply to ourselves.
A right to set off is entitled to the customer only if his counterclaims were legally determined or recognized by TOMARNI GmbH. The customer can exercise a right of lien only if his counterclaim rises from the same contractual relation.
TOMARNI GmbH reserves the right to retain pending deliveries in the case of delay of payment of enterprises until the payment is completed, and to require legal interests. Delay of payment is only given without a separate reminder by TOMARNI GmbH if the invoice amount was not paid within 30 days after issue of the invoice and if this consequence is indicated on the invoice.
4. Delivery
Possible times for delivery must be agreed upon separately with TOMARNI GmbH. The delivery period is observed as soon as the good has left storage or the factory within the intended period. The shipping address is indicated in the order confirmation.
If time for delivery is not being observed, and it can be proven to be due to mobilization, war, riots, strike, lockout, incorrect or late delivery by suppliers or owing to unforeseen events which lie outside of the power of TOMARNI GmbH or its suppliers, the time period for delivery is extended appropriately.
If a delivery is delayed due to the circumstances mentioned, the customer will be given notice as soon as possible. In the context of an appropriate respite (at least 14 days), the customer is provided the opportunity to withdraw, in writing, from the sales contract. In this case, the services already received are to be restituted immediately.
TOMARNI GmbH reserves the right to partial deliveries, if not otherwise explictly agreed upon. If this right is being utilized, expenses for packing and shipping are charged for only once. If the customer causes a delay in delivery, TOMARNI GmbH reserves the right to charge the customer any additional costs.
5. Reservation of Title
TOMARNI GmbH retains title to the goods until payment is complete. A payment is considered complete as soon as TOMARNI GmbH has the demanded amount at its disposal.
The customer is obliged to inform TOMARNI GmbH about third-party access to goods subject to reservation of title. It is not permitted to pledge, convert or reconfigure the goods of goods subject to retention of title.
The customer is entitled to sell the good subject to reservation of title in a proper course of business. However, at this time the customer already cede all resulting claims against the buyers of the good in the amount owed to TOMARNI GmbH, in order for TOMARNI GmbH to be able to guarantee pending demands for payment. TOMARNI GmbH accepts this cession. Even after the cession, the customer remains authorized to collect the amount owed. The authority of TOMARNI GmbH to collect the demand remains unaffected by this. As long as the customer meets his liabilities from the proceeds agreed upon, is not in delay of payment and, particularly, no request for the opening of an insolvency procedure is imposed or cessation of payment is present, no use will be made of this right.
TOMARNI GmbH reserves the right to withdraw from the contract and to demand restitution of the goods if the customer does not observe the terms agreed upon and in particular if payment is delayed.
6. Warranty and Liability
Warranty to customer: The warranty period for consumers amounts to two years starting from delivery of the good. Beyond that the legal regulations for customers apply.
Warranty to businesses: The warranty period for businesses amounts to 12 months starting from delivery of the good. Businesses must examine the supplied goods within one week upon receipt for conformity with the contract and indicate recognizable defects immediately. Otherwise, the supplied goods are considered as accepted. If the good does not show the condition agreed upon at the time of the transfer of risk or has any defects, TOMARNI GmbH reserves itself the right to eliminate the defect either by rectification or by replacement. TOMARNI GmbH does not warrant for defects which are caused by incorrect installation through the custumer or an assigned third party, for operating errors, interferences on the product by the customer or by a third party that wasn't entitled, or for external impacts on the product.
It is the customer's responsibility to regularly store his data and programs. It has to be noted that during repairs, deletion of the existing data and programs might be necessary. If not specifically agreed upon in advance, TOMARNI GmbH is not responsible for data storage.
TOMARNI Gmbh is only liable for injuries other than life, body and health as far as these are not based on deliberate or gross negligence or on culpable breach of a substantial contract obligation by TOMARNI GmbH. Further liability, particularly for substitution of indirect damage (consequential damages, missed profit), is excluded. The regulations of the product liability act remain unaffected.
If a substantial contract obligation is negligently breached, the liability of TOMARNI GmbH is limited to any predictable damage.
7. Right of Revocation in Distant Selling Contracts
Customers have the opportunity to revoke the declaration of intent directed towards conclusion of a distant selling contract within a period of two weeks upon receipt of the good. The period begins at the earliest upon report of this instruction. The revocation does not require an explanatory statement and is to be expressed in writing or by return of the good. In order to observe the revocation period, it is sufficient to send off the revocation or to dispatch the good on time to the following address:
TOMARNI GmbH
c/o Freie Universität Berlin
Altensteinstr. 44B
14195 Berlin
Fax: +49 (0)30-838-73694
Email: info[at]tomarni.de
In the case of revocation, the customer has to mail the good with insurance according to the value of the good, as far as this is possible in the context of the mailing of a package. If the value of the good exceeds € 40, the customer does not have to bear the cost of the return. The cost of a return with a commodity value of less than € 40 however, is borne by the customer.
A right of revocation does not exist for goods which are specifically manufactured or are clearly tailored to the needs of the customer, for example in the case of an individual RAL lacquer finish of the computer body or engraved personal insignia.
A right of revocation does not exist for supplied software or data media which were unsealed by the consumer.
If the consumer starts using the ordered good as intended and causes a deterioration of the good, TOMARNI GmbH reserves the right to demand an appropriate compensation, according to the value of the good. The accurate and careful examination of the good remains unaffected by this.
8. Data Security and Privacy
All data collected from the customer is treated confidentially. The data necessary for the business transaction is stored according to legal regulations, evaluated for internal purposes and passed on only in the context of services rendered by business partners that are relevant to the transaction.
Company secrets which are disclosed in the context of a business relation and are recognizable as confidential will be treated confidentially by both parties even after completion of the business relation.
9. Final Clauses
The legislation of the Federal Republic of Germany applies exclusively, excluding the regulations of UN Sales Law. If the customer acts as a merchant, Berlin is the exclusive legal venue for all disputes which are in connection with the business relation concerned.
If individual regulations of these terms and conditions should be totally or partially void, the validity of the contract remains in force.
The TOMARNI GmbH is justified to render individual obligations to subcontractors. The customer is entitled to transfer claims from this agreement with prior written approval from TOMARNI GmbH.
TOMARNI GmbH
c/o Freie Universität Berlin
Altensteinstr. 44B
14195 Berlin
Telephone: +49 (0)30-838-73689
Fax: +49 (030-838-73694
Email: info[at]tomarni.de
Ust IdNr.: requested
Last updated: 10. March 2007
