General Terms and Conditions Tom&Jenny
Last update: 06.05.2021
GENERAL TERMS AND CONDITIONS
1. SCOPE OF APPLICATION
For all orders via our online store, the following terms and conditions apply. Our online store is aimed exclusively at consumers.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2. CONTRACTING PARTIES, CONCLUSION OF CONTRACT, CORRECTION OPTIONS
The purchase contract is concluded with Tom&Jenny GmbH.
By placing the products in the online store, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction tools provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
3. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE
The available languages for the conclusion of the contract: German and English.
We store the text of the contract and send you the order data and our terms and conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.
4. DELIVERY CONDITIONS
In addition to the listed product prices, shipping costs may be charged. You can find out more about any shipping costs in the offers.
We deliver only in the dispatch way. A self-collection of the goods is unfortunately not possible.
In our store you can basically use the following payment methods:
When placing your order, you provide your credit card details. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.
PayPal, PayPal Express
In the order process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.
Sofort by Klarna (direct payment)
After placing the order, you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the order process. The payment transaction will be carried out immediately afterwards by Sofort and your bank account will be debited.
To pay the invoice amount via Google Pay, you must be registered with the service provider Google, have activated the Google Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions during the order process.
To pay the invoice amount via Apple Pay, you must use the "Safari" browser, be registered with the service provider Apple, have activated the Apple Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions during the order process.
In the ordering process, you will be redirected to the website of the online provider Amazon even before completing the ordering process in our online store. In order to complete the order process and pay the invoice amount via Amazon, you must be registered there or register first and legitimize yourself with your access data. There you can select the delivery address and payment method stored at Amazon, confirm the use of your data by Amazon and the payment instruction to us. You will then be redirected back to our online store, where you can complete the ordering process. Immediately after placing the order, we will request Amazon to initiate the payment transaction. The payment transaction is carried out automatically by Amazon. You will receive further instructions during the ordering process.
Purchase on account via Klarna
In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer purchase on account as a payment option. Please note that Klarna invoice are only available to consumers and that payment must be made to Klarna in each case. When buying on account with Klarna you always get the goods first and you always have a payment period of 14 days. The complete terms and conditions for purchase on account can be found here.
eps-Überweisung (direct payment)
After selecting the payment system eps-Überweisung and you will be redirected to a central bank selection list. After selecting the bank you will be connected to the corresponding online banking. After successful approval (by means of TAN or digital signature) the due amount will be transferred. eps works with SSL encryption and MD5 fingerprinting. The transfer mask in the internet banking is automatically filled with the relevant payment order data (recipient, amount, reason for payment) - thus errors and changes by the buyer are excluded and a clear allocation in the payment receipt is guaranteed. You will receive further instructions during the ordering process.
8.1 Tom&Jenny offers its products also by subscription with a price advantage.
8.2 The payment of the subscription is made through the Shopify app ReCharge and the payment service company Braintree (Paypal). With each subscription delivery, the customer is automatically billed for the purchase amount. The customer's account will be debited with the first shipment of subscription goods to the customer and will be settled via the payment method selected by the customer at the time of subscription conclusion.
8.3 Cancellation is possible at any time for both contracting parties without observing a period of notice. A cancellation can be made in writing, by email (support(at)tomundjenny.com) or via the website of Tom&Jenny.
8.4 Shipping is free of charge for the customer. Since no baby grows like the other and since growth stages depend on many factors and are not predictable, we ship subscription goods in principle rather a little too early than too late. Unless otherwise agreed, based on the date of purchase or an agreed subscription start date, Tom&Jenny will ship bodysuits after the following intervals:
46 - 56 after 25 days
56 - 68 after 50 days
68 - 98 after 75 days
By email (support(at)tomundjenny.com) with the customer number, the shipment of the next size can be triggered at an earlier or later date.
8.5 Changes in the delivery address, shipping dates or composition of the Body Boxes must be notified to Tom&Jenny by e-mail (support(at)tomundjenny.com) no later than 3 working days before the delivery in question.
9. WARRANTY AND GUARANTEES
Unless otherwise agreed below, the statutory liability for defects applies.
In case of used goods the following applies: if the defect occurs after one year from delivery of the goods, the claims for defects are excluded. Defects occurring within one year of delivery of the goods may be claimed within the statutory limitation period of two years from delivery of the goods.
The limitations and shortening of the period above shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in case of injury to life, body or health
- in case of intentional or grossly negligent breach of duty as well as fraudulent intent
- in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations)
- within the scope of a guarantee promise, if agreed, or
- insofar as the scope of application of the Product Liability Act is applicable.
Information on any applicable additional warranties and their exact conditions can be found with the product and on special information pages in the online store.
Customer service: You can reach our customer support by e-mail at firstname.lastname@example.org.
Tom&Jenny has unlimited liability according to the respective legal regulations for product liability in Germany, Austria, Netherlands, France, Italy, Belgium, Czech Republic, Denmark, Finland, Greece, Hungary, Ireland, Luxembourg, Portugal, Poland, Slovenia, Spain, Sweden and Switzerland, in cases of explicit assumption of a guarantee or because of fraudulent misrepresentation as well as because of intentional or grossly negligent breach of duty. Likewise, Tom&Jenny is liable without limitation in cases of intentional or negligent injury to life, body or health. Tom&Jenny is only liable for property damage and financial loss caused by slight negligence in case of breach of such obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the fulfillment of which the customer may rely to a particular extent ("essential contractual obligations"), but limited to the damage foreseeable at the time of conclusion of the contract and typical for the contract.
11. CANCELLATION POLICY
Right of revocation
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods.
To exercise your right of withdrawal, you must inform us (Tom&Jenny GmbH, Paul-Ehrlich-Str. 51, 60596 Frankfurt am Main, Germany , email@example.com, Phone: +49 176 75894538) by sending a clear statement (e.g. a letter sent by mail, fax or e-mail) about your decision to withdraw from this contract. For this purpose, you may use the enclosed sample revocation form, which, however, is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you. You will not be charged any fees for this refund under any circumstances. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to our shipping partner, Delphin Werkstätten in Berlin (Pankstraße 8, Haus 6, Eingang M / 13127 Berlin) without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiration of the period of fourteen days. You shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
Sample revocation form
(If you want to cancel the contract, please fill out this form and send it back).
- To Tom&Jenny GmbH, Paul-Ehrlich-Str. 51, 60596 Frankfurt am Main, Germany , firstname.lastname@example.org
- Herewith I/we (*) revoke the contract concluded by me/us (*) for the purchase of the following
goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer
- Address of the consumer
- Signature of consumer (only in case of paper communication)
(*) Delete where not applicable.
Cancellation policy created with rechtstexter.de.
12. CODE OF CONDUCT
We have submitted to the following codes of conduct:
- Trusted Shops Quality Criteria
13. DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution (OS), which you can find here [https://ec.europa.eu/consumers/odr/]. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
TERMS AND CONDITIONS FOR TOM&JENNY SWEEPSTAKES AND OTHER PROMOTIONS:
These general conditions of participation apply to all sweepstakes conducted by Tom&Jenny GmbH. They apply in addition to extraordinary conditions of participation, if such are announced with the respective sweepstakes and subsequently supplemented. Any person of legal age may participate in his or her own name. The closing date for the competition will be specified individually in each case. The legal process is excluded.
1. DURATION OF THE COMPETITION
The sweepstakes start on the announced day at the time of the post publication and end 72 hours later.
Subject or winnings of the sweepstakes are written in the Facebook or Instagram post. A cash payout is excluded.
Participation is online as stated in the post (via Facebook comment or Facebook like and Instagram like, Instagram share or Instagram comment). A maximum of one participation per person is possible. Only entries from Germany, Austria and Switzerland will be considered. If the participant removes his comment or asks for deletion of his data during the competition period, the participant is excluded from the draw.
4. DETERMINATION OF WINNERS
The winners will be randomly selected within 3 days after the end of the competition.
5. NOTIFICATION OF WINNERS
Once the winners are determined, they will be contacted via private message on Facebook/Instagram and will receive the necessary information to claim the prize. The end of the sweepstakes will also be announced via a comment by Tom&Jenny GmbH posted below the Facebook/Instagram post.
6. DATA COLLECTION
All Facebook/Instagram names of the participants will be collected and stored for prize determination. All data will be deleted no later than 30 days after the end of the competition. The data will not be passed on to third parties.
Participants are entitled to statutory rights of information, modification and revocation.
7. SPONSORING AND DATA RECIPIENTS
The sweepstakes is not associated with Facebook/Instagram and is not sponsored, supported or organized by Facebook/Instagram in any way. The recipient of the data and information provided by the participant is not Facebook/Instagram, but Tom&Jenny GmbH.
8. CANCELLATION AND TERMINATION
Tom&Jenny GmbH reserves the right to cancel or terminate the sweepstakes at any time without notice and without giving reasons.
9. SEVERABILITY CLAUSE
Should any provision of the terms and conditions of participation become invalid, the validity of the remaining provisions shall remain unaffected. The respective legal regulations shall take the place of the invalid provisions.