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, Theresienstr. 1, 80333 Munich. (hereinafter referred to as the toGo filter)

The conditions of sale that are published on the platform at the time you place your order apply to your order. Please read these conditions of sale carefully and check that the information in your order is correct and complete before placing the order. If you made a mistake here, so Contact us please below info@togofilter.com. The use of the platform is also based on the terms of use and the data protection guideline. The terms of use become part of the contract by reference.

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.

ORDER HISTORY

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.

OUR RIGHT
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).

DATA REVIEW
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

PAYMENT METHODS
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.

PAYMENT PROCESSING
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.

PRICE CHANGES
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.

SHIPPING

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

DIVIDED DELIVERY
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.

RETURN INFORMATION
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 info@togofilter.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.

General terms and conditions for business customers

THIS FOLLOWS GENERAL PROVIDER INFORMATION AND NOTES ON THE CONCLUSION OF A CONTRACT WITH TOGO FILTER GMBH FOR TRADING BUYERS IN COMMERCIAL OR IN THE FRAMEWORK OF AN INDEPENDENT PROFESSIONAL ACTIVITY

CONCLUSION OF A CONTRACT WITH TOGOFILTER IN REGULAR PURCHASE
toGo Filter GmbH (hereinafter referred to as toGo Filter) offers the items on this internet shop as a non-binding offer to potential buyers to conclude a contract. The prospective buyer has the option of placing the desired article (s) in the virtual shopping cart by clicking on the corresponding button. The items collected in the virtual shopping cart can be accessed at any time by clicking on the shopping cart symbol. The articles can then be viewed in the shopping cart, their quantity changed or deleted from the shopping cart. The system then guides you through the further steps of the ordering process. Before completing the order, there is always the option of changing the order quantity, correcting or deleting data, and returning to the previous browser window. Only by clicking the "Submit order" button in the last step of the ordering process do you make your declaration of intent to purchase the item at the specified price. Your declaration of intent is therefore binding and irrevocable. The confirmation of the receipt of your order takes place together with the acceptance of the order by toGo Filter immediately after sending and you will receive an automated email confirmation. With this confirmation, the purchase contract is concluded.

CONTRACT CONTENT AND STORAGE

The content of the contract is saved and is included in the email for the order confirmation along with all relevant information such as product labeling, order content, terms of delivery and a link to the terms and conditions in text form.

Each page of the toGo Filter online shop can be printed out and saved at any time using the browser's print function.

LANGUAGES

The contract language, the contractual relationships and the processing are German.

APPLICATION OF THE CONDITIONS

toGo Filter provides all deliveries and services exclusively on the basis of these terms and conditions. Deviating terms and conditions of the contractual partners are not part of the contract, unless they are expressly recognized by toGo Filter in text form and included in the contract and then only apply to the respective process.

SUBJECT MATTER
The respective object and scope of the delivery of the purchase contract result from the item description, as can be seen from the current offer from toGo Filter at the time of the order. Assurances are only valid if they are in the item description or have been assured by toGo Filter in text form.

PAYMENT TERMS / COUNTERCLAIMS

PAYMENT METHODS
The available payment methods can be found in the ordering process at https://www.togofilter.de/shop. The payment methods are variable and convenient by credit card or SEPA transfer. For commercial customers, we accept other payment methods, by prepayment or by invoice, only after a written agreement in a separate form. Please contact us at info@togofilter.com. We do not accept any liability for the failure of payment or other damage that arises from a procedure not previously agreed in writing.

PAYMENT PROCESSING
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.

1. Credit card: 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.

2. SEPA direct debit: If you have 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.

3. Prepayment for bulk orders: In the case of a separate agreement on prepayment, toGo Filter will confirm the order in text form and collect the invoice amount by invoice. This is payable immediately. With this payment method, toGo Filter grants a discount of 2% on the value of the goods. After receipt of payment, the ordered goods will be shipped. It is also pointed out that, according to the statutory regulation, the delay occurs 30 days after receipt of the invoice. It should be noted that, regardless of a reminder, the default occurs automatically 30 days after receipt of the invoice (Section 286 (2) BGB).

4. Insofar as toGo Filter becomes aware of circumstances after the conclusion of the contract that impair compliance with the buyer's contractual obligations, such as payment obligations, toGo Filter is authorized to execute the order until security (such as a guarantee) or fulfillment (such as payment) has been provided refuse; toGo Filter will set a reasonable deadline for this (§ 321 BGB).

5. Offsetting by the buyer against toGo Filter is only permitted with an undisputed or legally established counterclaim. The assertion of a right of retention is only permissible if the counterclaim is based on the same contractual relationship.

DELIVERY & TRANSFER OF RISK

NOT AVAILABLE
ToGo Filter is entitled to withdraw from the contract in the event of delivery due to the lack of self-delivery. ToGo Filter will immediately inform the purchaser of the unavailability and any consideration already paid will be reimbursed to the purchaser immediately.

CHANGE OF THE ORDER OF GOODS
If the item or scope of the goods is changed at the request of the purchaser after toGo Filter has accepted the offer, this always sets a new, reasonable delivery period, also for the unchanged part of the order. The purchaser of toGo Filter will be notified of the delivery period immediately.

DELIVERY - LIKE
We deliver with Hermes or, in the case of larger quantities, with another equivalent delivery service. 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

DELIVERY - WHEN
Delivery takes place within 3 to 5 working days within Germany. The delivery time within the EU is 7 to 9 working days. These delivery details relate to the period after receipt of the order upon confirmation of payment. The delivery time also depends on the selected payment method (credit card, SEPA transfer, prepayment). The delivery can be tracked via a specified tracking number from the selected provider.

DELIVERY - DELAY
toGo Filter does not guarantee the delivery times specified by the providers. Two weeks after a delivery date or the delivery period has been exceeded, the purchaser can request toGo Filter in writing to fulfill the contract within a reasonable period, but at least 10 days.

This does not apply if the purchaser has failed to cooperate with toGo Filter or has refused to do so. If toGo Filter does not deliver by the deadline set, the purchaser can withdraw from the contract (§ 323 BGB). This does not apply if the deadline is exceeded due to force majeure and other unforeseeable obstacles, such as riot, business interruption, strike, lockout, even if they occur at suppliers of toGo Filter or sub-suppliers. ToGo Filter reserves the right to customary deviations, provided that the object of performance is not changed significantly and this is reasonable for the purchaser.

DIVIDED DELIVERY
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.

TRANSFER OF RISK
The risk of any loss or deterioration of the item is transferred to the delivery or default of acceptance by the buyer. In the case of mail order purchases, it is transferred to the person carrying out the transport as soon as it is handed over. If the dispatch is impossible through no fault of toGo Filter or is prevented due to the lack of cooperation on the part of the buyer, the risk is transferred to the buyer with the notification of readiness for dispatch.

toGo Filter reserves the right to send the goods on a different route than the one specified; even if the buyer instructs to the contrary, if this does not result in a significantly higher risk of deterioration or destruction. Liability according to § 447 II BGB is limited to cases of gross negligence and intent. Damage that was already present in the item description for the items identified as damaged in transit when the contract was concluded cannot be recognized as damage in transit.

ACCEPTANCE & DAMAGE

INSPECTION ON DELIVERY
The delivered goods are to be checked by the buyer for any damage immediately upon receipt. ToGo Filters must be notified of any damage immediately in text form. Insofar as justified damage is reported, toGo Filter will either assign the statutory rights to the buyer or assert them in its own name; for the latter, the commercial buyer undertakes to authorize toGo Filters to collect data to the required extent.

DEFAULT IN ACCEPTANCE
The buyer bears any risk of loss or deterioration in the event of default in acceptance. This does not apply to gross negligence or intent by toGo Filter. In this case, toGo Filter is authorized to refuse to send the goods again and can demand that the purchaser pay the new shipping costs in advance within a reasonable period of time. If the buyer does not meet the agreed conditions for re-shipment within this period, toGo Filter is entitled to withdraw from the contract and to demand compensation. The compensation amounts to 50% of the net value of the goods plus any transport and storage fees incurred. The right to assert a higher damage remains reserved. It is left up to the buyer to prove a lesser damage.

WARRANTY
The goods sold by toGo Filter are new. The warranty period is one year and begins with the delivery / collection of the goods.

The goods must be examined for any defects immediately upon delivery / collection. If there is a defect or if one occurs during the warranty period, toGo Filter is entitled to choose to remedy this defect through subsequent delivery, replacement delivery or subsequent improvement. If this does not result in freedom from defects even after two repairs have been made, the purchaser retains the statutory warranty rights.

Obvious defects must be reported to toGo Filter in text form within two working days of delivery / collection or knowledge of the goods. Defects that are not obvious must be reported to toGo Filter in text form within three working days from the occurrence of the defect. If the purchase is a mutual commercial purchase, it is agreed that the obligation to notify pursuant to Section 377 of the German Commercial Code (HGB) is sufficient if toGo Filter receives notification of the defect in text form within two working days of receipt of the goods or discovery of the defect.

If toGo Filter's operating instructions are not followed, changes are made to the products, parts are replaced or consumables are used that do not correspond to the original properties, the warranty is void. Equipment and accessories that are subject to natural wear and tear are also excluded from the guarantee.

Independent guarantees from toGo Filter remain unaffected by the regulations listed.

LIABILITY
Compensation claims for any legal reason, be it for non-performance, for breach of contractual or statutory secondary obligations, for negligence when concluding the contract, for contracts with protective effect for third parties and unlawful acts are against toGo Filter, as well as legal representatives, as well as against their vicarious agents or vicarious agents excluded unless the damage is due to intent or gross negligence. This does not apply to claims for damages based on property assurance, which are intended to protect the buyer against the risk of consequential damage.

Incidentally, toGo Filter is liable:
- in the full amount of damage in the case of gross negligence, that of his legal representatives and that of his executive vicarious agents, but not in the case of gross negligence by simple vicarious agents;
- in addition, basically in the case of any culpable violation of cardinal obligations, here also of simple vicarious agents.
- The amount of liability is limited to the replacement of typically foreseeable damage.

The above exclusion of warranty and liability do not apply to damage resulting from injury to life, limb or health that is based on a negligent breach of duty by toGo Filter or an intentional or negligent breach of duty by a legal representative or vicarious agent of toGo Filter.

DATA PROTECTION
You can find the data protection declaration at https://www.togofilter.de/datenschutz/

ADDITIONS
Insofar as free additions are included with individual articles, these are linked to the main business and cannot be challenged in isolation. Ownership of the add-ons does not pass to the purchaser until the withdrawal period for the main item has expired. If the main transaction is revoked, the addition must also be sent back as part of the basic transaction and still owned by toGo Filter.

FOREIGN TRADE
Insofar as the export and sale of an article to third countries is prohibited by law, toGo Filter reserves the right to withdraw from the contract for an important reason and will notify the contractual partner immediately and reimburse any amounts paid without delay.

PLACE OF PERFORMANCE, JURISDICTION, APPLICABLE LAW
The place of performance and exclusive place of jurisdiction is Berlin; This also applies to bills of exchange and check claims. For all legal relationships between the parties, the law of the Federal Republic of Germany applies exclusively to the exclusion of the UN sales law, even if the purchaser has his domicile or habitual residence abroad or is delivered abroad. The same applies if the purchaser later relocates his habitual residence abroad or is unreachable.

PROVIDER IDENTIFICATION:

toGo Filter GmbH
Theresienstraße 1, 80333 Munich
info@togofilter.com
Tel .: (+49) 89 20 500 8538 8
Fax: (+49) 89 20 500 8505 0
Email: info@togofilter.com
Internet: http://www.togofilter.com

toGo Filter GmbH, HRB 223144 B Register court: Local court Berlin Charlottenburg, represented by the managing directors: Patricia Greißl, Nicolaus v. Arnim

INFORMATION ON ONLINE DISPUTE RESOLUTION:
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.