General Conditions of Trade - Privacy/Legal Notice


Paragraph # 1 - Area of application

The conditions of entering into a business contract - including all future contracts between the seller and the buyer are set forth herein exclusively and are binding at the time of ordering merchandise. Conditions altered by the customer are not recognized by "Tobias Mayer e.K.", except when "Tobias Mayer e.K." has specifically acknowledged their validity in writing.

Paragraph # 2 - Placing an Order - Completion of Contract
Tobias Mayer e.K. agrees to accept the customer's order based on the conditions of the web site. If the web site should contain printing-, spelling- and/or accounting errors not caused by Tobias Mayer e.K., the seller is entitled to cancel the order. At the time of mailing, the contract becomes binding.

Paragraph # 3 - Shipping and Delivery
Unless otherwise specified, the delivery of the order is made from the warehouse to the address given by the buyer. The liability for the ordered goods lies with the buyer as soon as the goods have departed the Tobias Mayer e.K. place of business, this applies also when shipping only part of an order. In order to reduce the risk of loss, all orders are insured by Tobias Mayer e.K.. Stated delivery dates are not binding except when otherwise agreed on in writing. You can find the cost of shipping in the menu under "Information" or in the "shopping cart".

Paragraph # 4 - Payments Due and Late Payments
Payment for the purchased goods is due upon placement of the order. Currently, the buyer can render payment per Credit Card, Sofortbanking and Banktransfer, this condition will change at the completion of the web site. When the sum is credited to our account, the purchase is considered paid. The customer is liable for additional costs that may result when refunding money and/or other fees. When payment is late, "Tobias Mayer e.K." is entitled to charge a late fee of 5% above the annual base interest percentage posted by the German Bundesbank. In case "Tobias Mayer e.K." can creditably prove that their loss caused by late payment exceeds the amount stated above, the company can lawfully post these charges.

Paragraph # 5 - Payment Deduction, Partial Payment
The customer is entitled to change payment only when the amount in question is lawfully certified and/or acknowledged by "Tobias Mayer e.K.". Also, the buyer's right withholding a portion or part of payment is subject to the same rules and regulations as for the seller.

Paragraph # 6 - Ownership of Merchandise
"Tobias Mayer e.K." is the sole owner of the ordered merchandise until proper payment is rendered in full by the customer.

Paragraph # 7 - Defects, Guarantee, and Warranty
"Tobias Mayer e.K." can choose to remedy defective merchandise by either repairing or replacing the article. If "Tobias Mayer e.K." is not willing or not able to repair or replace the defective goods or the shipment is late beyond a reasonable time period for reasons "Tobias Mayer e.K." has to justify; or if the attempt to repair/replace the goods in one or another way has failed, the customer is entitled to cancel the order.

If nothing else of pertinence is stated below, further demands made by the customer - for whatever reasons - are not permissible. Therefore "Tobias Mayer e.K." is not liable for any damage not directly connected with the ordered goods. "Tobias Mayer e.K." is especially not liable for the buyer's monetary losses or other property losses or damage thereof. The liability of "Tobias Mayer e.K." is restricted or limited, this holds also true for the personal liability of employees, representatives and facilitating clerks.

Above stated liability restrictions are void if the cause of damage is intentional or based upon gross negligence. The liability restriction is also void under the conditions stated in paragraphs 1 and 4, product liability law; demands for failure to fulfill the promised product's quality or demands for recompense according to the paragraphs 463, 480 part 2 or the BGB (German Civil Code of Law). The same applies also to initial inability or justifiable impossibility.

If "Tobias Mayer e.K." is negligent and fails to keep any inherent part of the contract, "Tobias Mayer e.K." is responsible only for the damage that typically occurred to goods or persons.

The guarantee shall be good for 6 months starting at receipt of goods.

Paragraph # 8 - Protection of Personal Data
We are using secure technology furnished by a bank. The Secure Software Server SSL and SET is currently the safest system available in online trade. All your personal data such as credit card number, bank identification - and account number as well as your name and address are transmitted in code by the Secure Software Server. This information is not accessible during transmission via Internet by unauthorized persons. At the time of entering your information, the system changes all symbols into a code, which is then securely transmitted. Please note that according to paragraph 33 BDSG, your data is exclusively used to facilitate the contracted business - that is our obligation. Thus the customer has been fully informed by "Tobias Mayer e.K." about the type, extent, location, and purpose of transmitting, recording and reviewing online of personal data, their processing and utilization for the completion of ordering goods. The customer agrees explicitly with the above statement.

Paragraph # 9 - Terms of Law, Domicile and Seat of Law
The terms of the above agreement are governed by the laws of the Federal Republic of Germany with the exclusion of UN purchasing rights. For all legal demands in connection with this business agreement, the exclusive seat of law is Kaiserslautern, Germany.

Paragraph # 10 - Cancellation, Return or Exchange Policies
The buyer has the right to cancel an order according to paragraph 361a of the BGB (German Civil Code of Law). We hereby agree to grant the buyer 14 days to exchange or return the ordered goods. Exempt are used, worn and/or changed goods and articles especially made for the customer (i.e. customized goods made by Birkenstock) and articles with special hygienic attributes. In order to keep within the specified time limit, the returned goods have to be mailed as package to "Tobias Mayer e.K.". Please let us know your reason for returning the goods and your wishes (exchange or refund) on the back of the bill and remember to include the bill in the package.
Within the area of Germany:
"Tobias Mayer e.K." will pay for the shipping cost of returned merchandise. The same applies for returning faulty merchandise. There is no charge for Shipping of Replacement Goods. In all other cases the buyer has to pay the costs (i.e. if the buyer does not like an article).
Shipping to other countries:
The customer pays for returning goods (also for faulty claims). The customer pays also for replacement orders, if he/she "does not like" the goods, only in case of faulty merchandise "Tobias Mayer e.K." will pay the shipping cost of the replacement order.

At this time, we like to point out that we are not responsible for any content, partly or entirely, appearing in any foreign homepage linked with "Tobias Mayer e.K.", or partner link; from that we distance ourselves and reject any liability.

Address:
Tobias Mayer e.K.
Owner Tobias Mayer
Adam-Hoffmann-str. 3
67657 Kaiserslautern
Germany

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