Terms and Conditions
Terms and Conditions
1) Scope
1.1
These Terms and Conditions (hereinafter “Terms”) of TOMAHOK® TMHK Co. (hereinafter referred to as the “Seller”) apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as the “Customer”) and the Seller with regard to the goods presented in the Seller’s online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.
1.2
These Terms shall apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.
1.3
A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities.
1.4
An entrepreneur within the meaning of these Terms is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of Contract
2.1
The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2
The Customer can submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process.
2.3
The Seller may accept the Customer’s offer within five days:
- by sending the Customer a written order confirmation or an order confirmation in text form (e.g. email), or
- by delivering the ordered goods to the Customer, or
- by requesting payment from the Customer after the order has been placed.
The contract is concluded at the time when one of the aforementioned alternatives occurs first. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer.
2.4
If a payment method offered by PayPal is selected, payment processing is carried out via PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg, under the PayPal terms of use. If the Customer selects a PayPal payment method, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer completes the order process.
2.5
If the payment method “Amazon Payments” is selected, payment processing is carried out via Amazon Payments Europe s.c.a., Luxembourg. By clicking the order completion button, the Customer also issues a payment order to Amazon. In this case, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer completes the order process.
2.6
The contract text will be stored by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g. email). No further accessibility of the contract text is provided by the Seller.
2.7
Before placing a binding order, the Customer can correct input errors using the usual keyboard and mouse functions.
2.8
The English language is available for the conclusion of the contract.
2.9
Order processing and contact generally take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct and that emails can be received at this address.
3) Right of Withdrawal
3.1
Consumers generally have a right of withdrawal.
3.2
Further information on the right of withdrawal can be found in the Seller’s Return Policy.
3.3
The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, do not belong to a member state of the European Union and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union.
4) Prices and Payment Terms
4.1
Unless otherwise stated in the product description, the prices quoted are total prices including statutory VAT. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2
For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer (e.g. bank transfer fees, exchange rate fees, import duties or taxes).
4.3
The available payment methods are communicated to the Customer in the Seller’s online shop.
4.4
If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract unless otherwise agreed.
4.5
If a payment method offered via PayPal is selected, payment processing is carried out via PayPal. PayPal may carry out a credit check. The Seller reserves the right to refuse the selected payment method in the event of a negative credit check result.
4.6
If the payment method “SOFORT” is selected, payment processing is carried out via SOFORT GmbH. Further information can be found at:
https://www.klarna.com/sofort/
4.7
If a payment method offered via Shopify Payments is selected, payment processing is carried out via Stripe Payments Europe Ltd., Dublin, Ireland.
4.8
If payment by credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract.
5) Delivery and Shipping Conditions
5.1
If the Seller offers shipping of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer.
5.2
If delivery fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result.
5.3
If the Customer acts as an entrepreneur, the risk of accidental loss or accidental deterioration of the goods shall pass to the Customer as soon as the Seller has handed over the goods to the carrier.
If the Customer acts as a consumer, the risk of accidental loss shall generally pass only upon delivery of the goods to the Customer.
5.4
The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. In the event of non-availability of the goods, the Customer will be informed immediately and payments will be refunded immediately.
5.5
Self-collection is not possible for logistical reasons.
6) Retention of Title
If the Seller makes advance performance, the Seller retains ownership of the delivered goods until full payment of the purchase price owed has been made.
7) Warranty (Liability for Defects)
Unless otherwise stated in the following provisions, the statutory provisions of liability for defects shall apply.
For entrepreneurs:
- The Seller has the choice of the type of subsequent performance.
- The limitation period for defects in new goods is one year from delivery.
- In the case of used goods, warranty rights are excluded.
These limitations do not apply in cases of damages resulting from injury to life, body, or health, or in cases of intentional or grossly negligent breach of duty.
8) Liability
The Seller shall be liable to the Customer from all contractual, quasi-contractual, and statutory claims for damages and reimbursement of expenses as follows:
8.1
The Seller shall be liable without limitation:
- in cases of intent or gross negligence,
- in cases of injury to life, body, or health,
- under a guarantee promise,
- under mandatory liability (e.g. product liability law).
8.2
In the event of negligent breach of essential contractual obligations, liability is limited to the typical foreseeable damage.
8.3
Otherwise, liability of the Seller is excluded.
8.4
The above liability provisions also apply to the Seller’s legal representatives and agents.
8.5 Disclaimer for Individual Reactions
The Seller assumes no liability for individual intolerances, allergic reactions, or other physical complaints that may occur in connection with the use of the products. The use of the products is at the Customer’s own responsibility.
9) Special Conditions for Processing Goods According to Customer Specifications
9.1
If the Seller owes processing of goods according to customer specifications, the Customer must provide all necessary content such as texts, images, or graphics and grant the necessary usage rights.
9.2
The Customer shall indemnify the Seller against claims by third parties resulting from violations of rights due to the use of the content provided by the Customer.
9.3
The Seller reserves the right to reject processing orders if the content provided violates legal regulations or public morals.
10) Redemption of Gift Vouchers
Gift vouchers purchased in the Seller’s online shop can only be redeemed in the Seller’s online shop.
Gift vouchers are valid until the end of the third year after the year of purchase.
Only one gift voucher can be redeemed per order.
Gift vouchers cannot be exchanged for cash and cannot be used to purchase additional gift vouchers.
Remaining balances will be credited until the expiration date.
Gift vouchers are transferable.
11) Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international sale of movable goods.
For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.
12) Alternative Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR):
https://ec.europa.eu/consumers/odr
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.