For the business relationship between TOOSHAPED GmbH and the purchaser the following general terms and conditions apply exclusively. Deviating regulations or additions - especially in the general terms and conditions of the customer - are only valid even if TOOSHAPED GmbH is aware of them in case of explicit written confirmation by TOOSHAPED GmbH. The purchaser acknowledges the following conditions by confirmation by mouse click with the order - at the latest with the acceptance of services and goods of TOOSHAPED GmbH. TOOSHAPED GmbH reserves the right to change the GTC. The version of the General Terms and Conditions valid at the time of the order shall apply.
The contractual partner is TOOSHAPED GmbH Address: Karmeliterplatz 4C, 8010 Graz Phone: +43 316 375 092 Email: email@example.com
Managing Director:: Manuel Wagner
More detailed information can be found in the imprint.
§ 2 Right of revocation
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days:
In the case of a contract of sale, from the date on which you or a third party appointed by you who is not the carrier took possession of the goods.
In the case of a contract covering several goods ordered under a single order and delivered separately from the date on which you or a third party appointed by you who is not the carrier took or has taken possession of the last goods.
In the case of a contract for the regular delivery of goods over a specified period of time from the date on which you or a third party appointed by you who is not the carrier took or has taken possession of the first goods.
In order to exercise your right of revocation, you must return goods to
by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. In order to comply with the revocation period, it is sufficient that you send the notice of the exercise of the revocation right before the expiry of the revocation period.
Consequences of the revocation
If you cancel this Agreement, we will refund all payments we have received from you, including delivery costs (except for the additional costs resulting from your choosing a delivery method other than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day we receive notice of your cancellation of this Agreement. You bear the costs of the direct return of the goods. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund.
Exclusion or premature expiry of the right of revocation
Unless the parties have agreed otherwise, the right of revocation does not apply to the following contracts:
contracts for the supply of goods which are not prefabricated and for the manufacture of which individual choice or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
Contracts for the supply of goods which can spoil quickly or whose expiry date would be quickly exceeded.
contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
Contracts for the delivery of goods if, after delivery, they were inseparably mixed with other goods due to their nature.
§ 3 Occurrence of the contract
Offers of TOOSHAPED GmbH represent an invitation to the purchaser to make an offer in the legal sense. The order is placed by submitting the completed order form online. Orders are accepted by means of an order confirmation (for example via e-mail) or at the latest when the goods are handed over.
Information of any kind, in particular descriptions, illustrations, drawings, samples, information on quality, condition, composition, performance, consumption and usability as well as dimensions and weights of the contract goods are subject to change unless they are expressly designated as binding. They do not constitute an assurance or guarantee of any kind whatsoever.
The customer has the right to a free telephone consultation by TOOSHAPED GmbH in accordance with § 6b Consumer Protection Act, BGBl. No. 140/1979, in the currently valid version. The consulting hours are from 09:00 to 18:00.
§ 4 Deliveries
TOOSHAPED GmbH is entitled to ship all offered articles. The delivery is made to the customer, to the persons named by him in the order or to a named group of natural persons.
TOOSHAPED GmbH is entitled to make partial deliveries. There is no minimum order quantity.
The delivery period is generally 2-4 working days.
The obligation to comply with an agreed delivery period presupposes the timely receipt of all documents to be supplied by the customer (correct delivery address) and compliance with the agreed terms of payment and other obligations by the customer.
Delivery periods begin with the conclusion of the contract. If amendments to the contract are subsequently agreed, the old delivery time shall cease to apply and a new one shall be agreed.
In case of delays in delivery due to force majeure, sovereign intervention, natural disasters, war, riots, strikes at TOOSHAPED GmbH's own company, at suppliers' companies or at transporters or due to other circumstances for which TOOSHAPED GmbH is not responsible, TOOSHAPED GmbH is entitled to make up for the delivery after the impediment has ceased, provided that the delay is reasonable for the purchaser and he is not unreasonably disadvantaged as a result.
§ 5 Terms of Payment, Delivery Fee
The terms of payment are specified in the order form.
The purchase price is due upon completion of the order. It consists of the stated gross prices (including the applicable statutory value-added tax) and the shipping costs (if shipping is offered and selected as the delivery type). Packaging is included in the price. TOOSHAPED GmbH only accepts the payment methods offered by it in the context of the order.
Partial deliveries shall be invoiced separately and the aforementioned terms of payment shall apply. If delivery is delayed at the request of the customer or due to lack of space or technical conditions at the customer's premises, TOOSHAPED GmbH will issue the invoice and the due date upon readiness for delivery.
§ 6 Right of retention, set-off
The customer may only exercise a right of retention against claims based on the same contractual relationship. In the event of an ongoing business relationship, each individual order shall be deemed a separate contractual relationship.
Only claims recognized by TOOSHAPED GmbH or legally established entitle the purchaser to set-off.
§ 7 Warranty
In the event of a defect, the customer shall first have the choice of whether subsequent performance is to be effected by repair or replacement. TOOSHAPED GmbH is, however, entitled to refuse the type of chosen supplementary performance if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the purchaser.
If the subsequent performance fails, the customer can demand either a reduction of the remuneration (reduction) or rescission of the contract (rescission) at his discretion. However, the purchaser cannot withdraw from the contract if the contractual breach of duty of TOOSHAPED GmbH, i.e. the existing defect, is insignificant.
The purchaser must inform TOOSHAPED GmbH in writing about defects within a period of 7 working days after the time at which the non-conforming condition of the goods was determined. The receipt of the notification by TOOSHAPED GmbH is decisive for compliance with the deadline. If the customer fails to provide this information, the warranty rights of the customer expire. This does not apply in case of fraudulent intent on the part of TOOSHAPED GmbH. The burden of proof for the time of detection of the defect lies with the customer. If the purchaser has been induced to purchase the item by inaccurate statements by the manufacturer, he shall bear the burden of proof for his decision to purchase. In the case of used goods, the customer bears the burden of proof for the defectiveness of the item.
The warranty period is 2 years from delivery of the goods. The limitation period for used goods is one year from delivery of the goods. This does not apply if the customer has not notified the defect in time (item 3 of this provision).
The purchaser does not receive guarantees in the legal sense from TOOSHAPED GmbH. Manufacturer guarantees remain unaffected by this.
§ 8 Liability information
The information and data contained on the websites of TOOSHAPED GmbH serve the customer solely for general information and may differ from the data in the instructions for use. The same applies to all oral and written information of TOOSHAPED GmbH about possible applications, warnings and the effectiveness of the products. This information and details do not under any circumstances replace the inclusion of the information in the instructions for use or a physician. For correctness, completeness and topicality no guarantee is taken over and the liability for damages of any kind, which result directly or indirectly from the use of the presented applications/products is excluded.
TOOSHAPED GmbH is not liable for the content of all websites referred to by hyperlink.
The content and structure of the www.tooshaped.com website are protected by copyright. The reproduction of information or data, in particular the use of texts, parts of texts or images, requires the prior consent of TOOSHAPED GmbH.
TOOSHAPED GmbH uses the personal data of the customer to process the purchase contract. All information will be used exclusively for customer care and will be treated confidentially. If we receive your e-mail address in connection with the sale of a product or service and you have not objected to this, we reserve the right to regularly send you offers for similar products, such as those already purchased, from our range by e-mail. You can object to this use of your e-mail address at any time by sending a message to the contact option described below or via a link provided for this purpose in the advertising e-mail, without incurring any costs other than the transmission costs according to the basic rates.
Disclosure of data to third parties
We use the data provided by you to fulfil and process your order. For the fulfilment of the contract we pass on your data to the shipping company commissioned with the delivery, as far as this is necessary for the delivery of ordered goods. Depending on which payment service provider you select in the order process, we pass on the payment data collected for the processing of payments to the credit institution commissioned with the payment and, if applicable, to payment service providers commissioned by us or to the selected payment service. In some cases, the selected payment service providers also collect this data themselves if you create an account there. In this case, you must log in to the payment service provider with your access data during the ordering process. The data protection declaration of the respective payment service provider applies in this respect.
Subscribe and unsubscribe newsletter
If you register for our newsletter, we use the data required for this or separately communicated by you in order to regularly send you our e-mail newsletter in accordance with your consent. You can unsubscribe from the newsletter at any time and either by sending a message to the contact option described below or via a link provided for this purpose in the newsletter.
Using Facebook Social Plugins
Our website uses so-called social plugins ("plugins") of the social network Facebook, which is operated by Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). The plugins are marked with a Facebook logo or the addition "Facebook Social Plug-in" or "Facebook Social Plugin". An overview of the Facebook plugins and their appearance can be found here: https://developers.facebook.com/docs/plugins
When you access a page of our website that contains such a plugin, your browser establishes a direct connection to the Facebook servers. The content of the plugin is transmitted directly from Facebook to your browser and integrated into the page. Through this integration Facebook receives the information that your browser has called up the corresponding page of our website, even if you do not have a Facebook profile or are not currently logged on to Facebook. This information (including your IP address) is transmitted directly from your browser to a Facebook server in the USA and stored there. If you are logged in to Facebook, Facebook can immediately associate your visit to our website with your Facebook profile. If you interact with the plugins, for example by clicking the "I like" button or making a comment, this information is also transmitted directly to a Facebook server and stored there. The information is also published on your Facebook profile and displayed to your Facebook friends. The purpose and scope of the data collection and the further processing and use of the data by Facebook as well as your rights and setting options for the protection of your privacy can be found in the data protection information of Facebook: http://www.facebook.com/policy.php
If you do not want Facebook to associate the data collected via our website directly with your Facebook profile, you must log out of Facebook before visiting our website. You can also completely prevent the Facebook plugins from loading with Add Ons for your browser, e.g. with the "Facebook Blocker" (http://webgraph.com/resources/facebookblocker/).
Conversion measurement with the visitor action pixel from Facebook
With your consent, we use the "visitor action pixel" of Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook") within our Internet presence. It allows us to track the actions of users who have seen or clicked on a Facebook ad. This enables us to measure the effectiveness of Facebook ads for statistical and market research purposes. The data collected in this way is anonymous to us, i.e. we do not see the personal data of individual users. However, this data is stored and processed by Facebook, about which we inform you according to our level of knowledge. Facebook may link this information to your Facebook account and also use it for its own promotional purposes, in accordance with Facebook's Data Usage Policy https://www.facebook.com/about/privacy/. You can allow Facebook and its partners to serve ads on and off Facebook. A cookie may also be stored on your computer for these purposes.
This consent may only be given by users older than 13 years of age. If you are younger, we ask your guardians for advice.
Please click here if you wish to revoke your consent: https://www.facebook.com/settings?tab=ads
Notes on cookies
Sometimes so-called cookies are used, whereby a small file is stored on your computer. If you select a setting in the settings of the Internet browser you are using where no such cookies can be stored, this is omitted. Usually this setting variant is called: Do not accept cookies. The use of our website is also permitted in these settings.
Web analysis with Google (Universal) Analytics This website uses Google (Universal) Analytics, a web analysis service of Google Inc. (www.google.de). Google (Universal) Analytics uses methods that enable an analysis of your use of the website, such as "cookies", text files that are stored on your computer. The information generated about your use of this website is usually transferred to a Google server in the USA and stored there. By activating IP anonymisation on this website, the IP address is reduced prior to transmission within the Member States of the European Union or in other states party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. The anonymous IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You can prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=en
As an alternative to the browser plugin, you can click this link to prevent Google Analytics from collecting data on this website in the future. An opt-out cookie is stored on your mobile device. If you delete your cookies, you must click the link again.
This website also uses Google Conversion Tracking. Google Adwords sets a cookie on your computer if you have accessed our website via a Google ad. These cookies expire after 30 days and are not used for personal identification. If the user visits certain pages of the Adwords customer's website and the cookie has not yet expired, Google and the customer can recognize that the user has clicked on the ad and has been redirected to this page. Each Adwords customer receives a different cookie. Cookies cannot therefore be traced via the websites of Adwords customers. The information collected using the conversion cookie is used to generate conversion statistics for Adwords customers who have opted for conversion tracking. Adwords customers will see the total number of users who clicked on their ad and will receive a conversion tracking tag.
§ 10 Prices, shipping costs, return shipment and method of payment
The prices and conditions that were known at the time of ordering in the selected, current order medium (e.g. web shop www.tooshaped.com) apply. There is no retroactive claim to a possibly deviating price or deviating conditions from an order medium other than the one selected.
All prices are in EURO and are final prices. They include the legally required VAT without shipping costs. All offered articles are, if not clearly differently indicated in the product description, immediately ready for dispatch.
The following costs will be charged separately for shipping:
The ordered goods are delivered either by TOOSHAPED GmbH or by professional delivery services such as Post, DPD or a courier service selected by TOOSHAPED GmbH. Delivery is usually within 3-4 working days. By selecting the desired method of delivery during the order process, the customer is informed of the costs to be paid during the order process; these are then also shown separately in the order confirmation or order confirmation or delivery note/invoice. There is no minimum order value.
From an order value (gross) of EUR 59.00 the delivery is free of shipping and packaging costs for the customer.
For orders below EUR 59.00, shipping and handling costs of at least EUR 5.90 will be charged. The values stated also include the legally prescribed value added tax.
In order to exercise the right of revocation, the customer must inform us of his decision to revoke this contract by means of a clear statement (e.g. e-mail or a letter by post). We reserve the right to make a deduction in the refund for loss of value of delivered goods if the loss is the result of unnecessary handling by the customer.
The customer can pay the purchase price for online orders by prepayment, direct bank transfer, credit card, PayPal or Klarna.
TOOSHAPED GmbH reserves the right not to offer certain methods of payment in individual cases.
a) For credit card and PayPal, the purchase price is usually debited simultaneously with the dispatch of the goods.
b) Payment in advance:
When selecting the method of payment in advance, TOOSHAPED GmbH will provide the customer with the bank details in the order confirmation and will deliver the goods after receipt of payment. If payment is not received within 14 days for an order with prepayment, the customer's order will be automatically deleted.
In the event of default in payment, the statutory default regulations shall apply.
Payment by invoice In cooperation with Klarna AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer invoice purchase as a payment option. Please note that purchase on account is only available for consumers and that payment must be made to Klarna.
When purchasing on account with Klarna, you always receive the goods first and you always have a payment period of 14 days. The complete terms and conditions for invoice purchase for deliveries to Germany can be found here and the complete terms and conditions for invoice purchase for deliveries to Austria can be found here. The online shop does not charge a fee when purchasing on account with Klarna.
Data protection notice
Klarna checks and evaluates your data and maintains an exchange of data with other companies and business information agencies if there is a legitimate reason for doing so. Your personal data will be treated in accordance with the applicable data protection regulations and as stated in Klarna's data protection regulations for Germany/Austria.
§ 11 Place of Performance, Jurisdiction, Applicability of Austrian Law
The place of performance and jurisdiction - as far as legally permissible - is the registered office of TOOSHAPED GmbH. The same applies if the customer has no general place of jurisdiction in Austria or his place of residence or usual abode is not known at the time the action is filed. 2 Austrian law shall apply. The validity of the United Nations Convention on Contracts for the International Sale of Goods of 11.04.1998 is excluded.
§ 12 Severability Clause
Should individual provisions of these terms and conditions or of the contract concluded with the customer be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions of the terms and conditions and the contract. The invalid provision shall be replaced by the valid agreement which the contracting parties would have agreed upon if they had been aware of the defect at the time the contract was concluded in order to achieve the same success.
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