General terms and conditions for private customers
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING ORDERS ON THE TOGOFILTER PLATFORM.
SCOPE OF APPLICATION
You are shown these terms of sale (“Terms of Sale”) because you are using a toGo Filter website (“the Platform”). These conditions of sale establish a legally binding agreement between you and toGo Filter and its affiliated companies (to which we refer to as “toGo Filter”, “we”, “us” or “our”) with regard to such orders made for via the platform available products are made. The local company responsible for providing the relevant platform is toGo Filter GmbH, Wolfratshauser Str. 50, 82067 Ebenhausen. (hereinafter referred to as the toGo filter)
DEFECT WARRANTY, GUARANTEE
The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. For entrepreneurs, the warranty period for items delivered by the provider is 12 months.
We do not accept any liability for damage and defects resulting from improper use, operation and storage, negligent or faulty care and maintenance, overuse or improper repairs by an unauthorized service partner.
An additional guarantee exists for the goods delivered by the provider only if this was expressly given in the order confirmation for the respective article.
ORDERS / PURCHASES ON THE PLATFORM
ELIGIBILITY TO ORDERS
In order to be able to place orders on the platform, you must be at least 16 years old or have reached the age required by your jurisdiction to effectively establish a contract with www.togofilter.com and be an end user and not a reseller.
NO PURCHASE FOR RESALE
The platform is provided by www.togofilter.com exclusively for the sale of toGo filter products to direct end users, so that the purchase of products for resale is strictly prohibited. Acquisition for resale refers to the acquisition of toGo Filter products by someone who resells toGo Filter products to others (end users, trading companies or other third parties) or who intends to resell them. If toGo Filter suspects that you intend to purchase for the purpose of resale, toGo Filter reserves the right to take any action against you, including without limitation, such as limiting the volume of sales or canceling your orders.
You need an e-mail address for orders and your browser must be set so that it allows cookies so that you can use all the contents of the homepage. This includes adding products to the shopping cart and completing a purchase. When you place an order, we will send you an email confirming that the order has been received. Your order is accepted when the product is sent - we will send you an email confirming that the product has been shipped (“Order Confirmation”). At this point in time, a contract is formed which is subject to these Terms of Sale and which is binding on you and us (the "Contract"). We recommend that you save or print a copy of these Conditions of Sale and the respective order confirmation for future reference. If we cannot deliver a product to you, we will notify you in writing and we will not process the order.
not to accept your order or to terminate a contract
All orders on the platform are subject to the availability of the products. We reserve the right not to accept an order for any reason. In addition, we reserve the right to terminate a contract with written notification for the following reasons, without being liable for damage or costs other than repayment of fees already paid due to the terminated contract:
The product is not available / in stock;
Your billing information is incorrect or not verifiable;
Your order is identified by our security systems as unusual or susceptible to fraud;
You have not yet reached the age of 16 or the age required by your jurisdiction to effectively establish a contract with toGo Filter;
You are a reseller;
The presentation of the price on the platform was incorrect;
We could not deliver to the address you provided; or
We are prevented from performing due to an event beyond our control (see below).
After your order has been sent, we may perform some checks before your order is fulfilled. Among other things, your address and any instances of fraud are checked. We carry out some automatic checks on all purchases in order to filter out unusual or suspicious transactions or transactions that are recognizable as susceptible to fraud. Any suspicion of fraud is investigated and, if necessary, punished.
PRICE AND PAYMENT
You can find the available payment methods in the ordering process at https://www.togofilter.de/shop. We do not accept any other payment methods than those listed. Please do not try to pay in any other way than the one specified there. Otherwise we do not accept any liability for the failure of payment or other damage resulting from this procedure.
The processing takes place via Stripe, a verified payment system that carries out a validity check as part of the payment transactions. toGo Filter does not save the payment data. Please also read the data protection declaration. Payments can only be processed if the invoice details can be confirmed.
If you have paid by credit card, we will debit this amount from your account immediately and the delivery will begin after we have received your payment. The general terms and conditions of the respective credit card issuing bank / company also apply.
If you paid by SEPA direct debit, delivery will begin after we have received your payment. This can take a few days. If payment has not been received within 12 calendar days of placing your order, your order will be automatically canceled.
RESERVATION OF TITLE
The products remain our property until we have received full payment for all products.
PRICES AND CURRENCIES
The prices stated on the platform include the statutory value added tax (VAT). Shipping costs are added per order. The exact shipping costs depend on the country to which the order is to be sent. Full details of our shipping costs for each country can be found in the website's online help.
The prices are given in euros. If you change the destination country for shipping while visiting the platform or website or during the payment process, the prices may then be displayed in a different currency. Please note that changing the destination country due to the change in the local currency or the pricing may affect the total price to be paid.
YOUR TOTAL PRICE
The total price shown on the order confirmation includes taxes and shipping costs. This price is also listed in the order confirmation, which you should save or print out for future reference. If you pay by credit card, the total amount for the entire order will be shown on your credit card statement in the local currency. If your local currency differs from the currency in which the prices are quoted, your bank will use the exchange rate of the currency valid on the day of purchase as a basis. Your bank may use a different exchange rate which is beyond our control.
The prices stated on the platform apply to the products. The prices can change from time to time without such changes affecting orders that we have confirmed with an order confirmation.
DELIVERY - WHERE AND WHEN
We deliver with Hermes parcel shop. We do not deliver on certain public holidays. The exact days and the available delivery times and methods can be found at www.hermes-paketshop.com
We strive to ship all of the products you have ordered in one delivery whenever possible and reserve the right to split the delivery of your order, for example (but not exhaustively) if part of your order is delayed or unavailable and such Partial delivery is reasonable for you. If we split your delivery, we will notify you of our plan by sending an email to the email address you provided when you placed your order. You do not incur any additional shipping costs.
INSPECTION ON DELIVERY
Please examine the package for damage upon delivery. If the products appear to be damaged, please refuse to accept the delivery.
RETURN & CANCELLATION
CANCELLATION OF ORDERS BEFORE SHIPMENT
You can cancel any order free of charge and without giving a reason, as long as your order has not yet been dispatched. We start processing the orders received via the platform almost immediately. If you want to cancel your order, please first check the status of your order in the online help of the website under "Order status".
If the status of your order is "pending" or "pending", you can cancel your order by contacting our customer service. Our customer service representatives will inquire about the possibility of canceling your order at our warehouse. If this request is successful, you will be sent a confirmation email and the cancellation will be free of charge. If cancellation was not possible, the products will be delivered to you and they can be returned to us using the method described below.
RETURNING ORDERS AFTER SHIPPING - DEFECTIVE PRODUCTS
You can return products that have been delivered if they are defective or otherwise do not match your order on delivery. If your claim is justified, the purchase price and transport costs will be reimbursed. For more information on returns and refunds, please consult customer service.
In addition, we would like to point out that under EU law we are liable for any lack of conformity of a product that becomes apparent within at least two years of delivery of the product and that you are entitled to various legal rights in this context. The foregoing does not limit these rights in any way.
The payment of refunds depends on the original payment method used. If you paid by SEPA direct debit, please provide your bank details to customer service when you arrange a return so that we can transfer the reimbursement directly to your account.
EVENTS THAT ARE OUT OF OUR INFLUENCE
An event beyond our control means any circumstance or event beyond our reasonable control including, but not limited to, strikes, lockouts or other influences by third parties on production, civil unrest, riots, marches, terrorist attacks or threatened terrorist attacks, war (whether declared or not ) or the threat and preparation of war, fire, explosions, storms, floods, earthquakes, subsidence, epidemics, pandemics or forces of nature and the collapse of public or private telecommunications networks.
Should an event take place beyond our control that affects the performance of our services under these conditions of sale:
a) we will inform you as soon as reasonably possible;
b) our obligations under these conditions of sale are temporarily canceled and the deadline for rendering our service is extended by the duration of the event beyond our control.
If the event beyond our control affects our obligation to deliver a product to you, we will arrange a new delivery date with you after the event outside of our control has ended. You can terminate the contract in the event of an event beyond our control if you no longer want to hold on to the order of the product. We refer to your cancellation rights under "RETURN & CANCELLATION".
OTHER IMPORTANT REGULATIONS
We can transfer our rights and obligations under a contract to another company without this affecting your rights and our obligations under these conditions of sale. You may not transfer your rights and obligations from these Terms of Sale to third parties without our prior written consent.
Each provision of these sales conditions is independently applicable. Should a court or competent authority declare any of these provisions to be illegal or unenforceable, the remaining provisions will remain unaffected and in full force. If we do not insist that you fulfill any of your obligations under these Terms of Sale or if we fail to enforce our rights against you or if we belatedly enforce them, this does not mean that we are waiving our rights to you or that you do not have to fulfill your obligations.
If we should waive any rights arising from a breach of duty committed by you, we will only do so in writing. Such a waiver does not constitute an automatic waiver of rights from subsequent breaches of duty. A copy of the contract concluded between us is kept by us in accordance with the legal requirements.
CHOICE OF LAW / APPLICABLE LAW
You agree that the platform, the conditions of sale and all legal disputes between you and ToGoFilter are subject to German law, without recourse to its conflict of laws. The applicability of the UN Convention on Contracts for the International Sale of Goods ("CISG") is excluded.
Unless prohibited by law and without restriction of any statutory consumer protection regulations, you agree that all disputes, claims and legal action that are directly or indirectly based on the use of the platform (including but not limited to the purchase of toGo filter products), by way of individual action and without recourse to any form of class action, are to be carried out exclusively before the competent courts of Berlin, Germany.
For complaints, please contact email@example.com first. Claims are to be asserted within a period of two (2) years after they arose.
The EU Commission has created an internet platform for the online settlement of disputes (so-called "OS platform"). The OS platform serves as a point of contact for the out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts. You can reach the OS platform under the following link: http://ec.europa.eu/consumers/odr
ToGo Filter GmbH does not take part in the arbitration process.