General Conditions of Sale

BOXINE SALES DAB GMBH to Consumers (Consumer Terms and Conditions)

These General Terms and Conditions apply to all online orders that you at Boxine Sales DAB GmbH, Grafenberger Allee 120, 40237, Düsseldorf, Germany, company registration number in our online shop tonies.com/shop ("we" or "us") act. In addition, the Terms and Conditions for the use of the Toniecloud at my.tonies.com.

tonies, toniebox, and Boxine are registered trademarks of Boxine GmbH.
These General Terms and Conditions ("Consumer GTC") only apply to consumers, and not to retailers or entrepreneurs/companies (a consumer is referred to as any individual who makes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity).

Represented by the Managing Directors:
Patric Faßbender, Marcus Stahl
Commercial register:
Local Court Düsseldorf
Commercial registration number: HRB 76609
VAT ID Number:
DE304468146

1. Ordering Process and Conclusion of Contract

1.1. Our offers are for adults only, therefore we do not offer products for sale to minors. If you are under 18, you may use our online shop but only with the assistance of a parent/guardian.

1.2. Any offers under tonies.com/shop ("Online shop") are not binding, they do not constitute an offer for sale, but rather an invitation to treat.

1.3. In the online shop, you can select products and add them to the shopping cart via the button "Add to cart".

1.4. By clicking on the button "pre-order now" or "buy now" you are committing yourself to purchase the goods placed in the shopping cart (your "offer" / your "order").
a) You can review, correct and delete your details before completing the order. You can only complete the order by clicking on the button, "I have read the terms and conditions and accept them", with the present consumer terms and conditions and by then clicking on the button "I have read the data protection declaration and accept them" with the data protection declaration of Boxine Sales DAB GmbH agreed. You can retrieve and print out these documents at any time on any page of our online shop or retrieve, print or save them as part of your order by clicking on them directly.
b) Your order represents an offer to Boxine Sales DAB GmbH and concludes the purchase contract process on your part.

1.5. Once you have placed your order in the online shop, we will send you an automatic message confirming the receipt of your order and details ("order confirmation"). The order confirmation is only to inform you that your order has been received by us, it does not represent acceptance of your offer on our part. We are entitled to accept your offer within 5 working days from the order, after which the offer applies even without notification if declined.

1.6. A purchase contract is only concluded when we accept your offer by sending the ordered product to you and confirming the shipment of your order by e-mail containing details of the ordered goods, payment method and delivery ("shipping confirmation") or expressly by sending an email with our acceptance of your offer. If you receive several shipping confirmations because we are shipping your order in several partial deliveries, each shipping confirmation constitutes a separate contract of sale for the items listed in the shipping confirmation.

1.7. We will inform you as soon as possible if a product you have ordered is not available or cannot be delivered on time. If a product becomes unavailable in the foreseeable future, we reserve the right to decline your offer; Of course, in this case, we will reimburse all payments received in connection with this order as soon as possible.

1.8. If any of the information you receive by e-mail is incorrect, please contact us immediately so that we can correct this error. We recommend that you print out or save a copy of these Consumer Terms and Shipping Confirmation immediately upon receipt of the email so that it can be referenced to with questions about your order.

1.9. For the processing of your order, we will save your disclosed contract data. More details on this can be found in our data protection declaration.


2. Cancellation policy

2.1. Right to Withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, have or has taken possession of the last goods. To exercise your right of withdrawal, you must notify us (Boxine Sales DAB GmbH, Grafenberger Allee 120, 40237 Düsseldorf, Germany, Tel: +49 211 72710100, Fax: +49 211 54254099, E-Mail: shop@tonies.com) by means of a clear statement (e.g. a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the enclosed withdrawal form, which is not mandatory. To meet the cancellation period requirements, you will be required to send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period

2.2. Effects of withdrawal

If you withdraw from this Agreement, all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the best standard delivery we offer) will be refunded immediately and at the latest within 14 days from the date the notification of your cancellation has reached us. For this refund, we use the same means of payment that you used in the original transaction unless otherwise agreed with you; In no circumstances will you be charged for this repayment fees. We may refuse to refund you until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is the earlier. You must return the goods to us immediately and in any event no later than 14 days from the date on which you inform us of the cancellation of this contract. This deadline is met if you send the goods before the 14-day expiry period. You will incur the immediate costs of returning the goods. You are only liable for any diminished value of the items resulting from their handling, other than that which is necessary to establish the nature, characteristics and functioning of the items.

2.3. Example Cancellation Form

The cancellation of your contract can be made by phone or in writing. You can use the template cancellation form in the text below, however, this is not compulsory. Alternatively, you can make your own cancellation form with the appropriate content of the cancellation template below:

To: Boxine Sales DAB GmbH, Grafenberger Allee 120, D-40237 Düsseldorf, Germany (Fax: +49 211 54254099,
E-Mail: shop@tonies.com)

- Hereby I / we (*) revoke the from me / us (*) concluded
contract for the purchase of the following goods / the following
service (*): __________________________________________
- Ordered on / received on (*): __.__.____
- Name of the consumer (s): ________________________________
- Address of the person Consumer (s): ______________________________
- Consumer's signature (s) (only if communicated on paper):
_______________________________________________________
- Date: __.__.____
(*) Delete as appropriate


3. Voluntary Return Guarantee

3.1. Regardless of the statutory right of cancellation previously mentioned, you can return all products purchased from us within 60 days from receipt of the goods, provided that the goods are complete and in unused and undamaged condition.

3.2. If you return products in accordance to this voluntary return guarantee, we will refund your purchase price. Shipping costs from the original purchase will not be refunded. The return for deliveries within the UK and Ireland may only be made with the same shipping provider with whom the delivery was made (currently Royal Mail). Use only the return stickers provided by us. These are included in the package or can be requested from the customer service team. If you do not comply with these requirements, you will incur the return shipping costs to Germany itself. If you have any questions, feel free to contact our customer service team.

3.3. This Return Policy does not limit your legal rights and therefore your right of withdrawal, as described above.


4. Prices, Shipping Costs and Incorrect Address Information

4.1. All prices include all taxes. The prices listed on the website next to the product at the time of order reflect this.

4.2. We try to make sure that all prices on our website are correct. If we discover a mistake in the price of any products you have ordered, and the correct price is lower than stated, we will honour this by shipping your order and charging the lower price. If the correct price is higher than indicated, we will inform you as soon as possible so that you can either confirm or cancel the order at the correct price (if we cannot reach you, we will treat your order as cancelled); in case of cancellation, we will refund any pre-paid payments in full.

4.3. In addition to the price, we will charge shipping costs where applicable; These are displayed in the shopping cart and shown in the shipping confirmation.

4.4. Costs that result from an incorrect address given by you will be forwarded on to you. We are not liable for possible delays or other customer disadvantages arising from incorrect address details.


5. Payment and Retention of Title

5.1. We accept the following methods of payment for your order including credit/debit cards from Visa and Mastercard as well as payment via PayPal in accordance with the following provisions:

5.2. We accept payments by credit/debit card from Mastercard and Visa. The billing of the website via credit card is carried out by HUELLEMANN & STRAUSS ONLINESERVICES S.à rl; 1, Place du Marché; L-6755 Grevenmacher; RCS Luxembourg B 144133; E-Mail: info@hso-services.com ; Managing Directors: Dipl. Vw. Mirko Hüllemann, Heiko Strauss, Ramona Spies.

5.3. To pay by PayPal, log in to your PayPal account and arrange for payment - more information can be found at www.paypal.co.uk. Payment is processed by the payment service provider PayPal (Europe) S.à rl et Cie, Luxembourg; PayPal Terms of Use can be found at www.paypal.com/webapps/mpp/ua/useragreement-full . The payment takes place with PayPal automatically with your confirmation of the payment order to PayPal.

5.4. Each delivered product remains the property of Boxine Sales DAB GmbH until full payment (including shipping costs) has been made. Without our prior written consent, you are not entitled to sell the product delivered by us and still subject to retention of title.


6. Delivery and Delivery Reservations

6.1. Unless otherwise agreed, delivery will be made to the delivery address specified in your order. We deliver only to delivery addresses in the UK and Ireland.

6.2. The delivery time unless otherwise stated is normally 2-5 working days. Please also allow 2-3 working days for your order to be processed for delivery.

6.3. If reasonable for you, partial deliveries are permitted. In this case, the additional shipping costs will be covered by us.

6.4. All products are only sold in normal household quantities; this equally applies to the number of ordered products within one order and multiple orders of the same product.

6.5. If a delivery within the specified delivery times is not possible, we will inform you immediately; You can cancel your order or agree to a longer delivery time. If a delivery is not possible within the extended delivery period, you can cancel your order. In case of cancellation, we will refund all pre-paid payments in full.


7. Transport Damage

7.1. We carry risk and liability for any transportation damage until the physical delivery to you or your representative has been made. This also applies to returns, unless you have not packed the goods properly.


8. Warranty

8.1. Warranty rights apply. Any claims for defected items must be made within 2 years from delivery of the goods.


9. Liability

9.1. The statutory liability regulations apply unless otherwise stated below.

9.2. We assume unlimited liability for damages that we, our legal representatives or vicarious agents have caused by intentional or grossly negligent breach of duty.

9.3. We are liable for the negligent breach of essential contractual obligations, but only for the foreseeable, contract-typical damage; Contractual obligations are obligations upon whose breach jeopardizes the achievement of the purpose of the contract, or whose fulfilment makes the proper execution of the contract possible and on whose compliance is regularly relied upon. We assume no further liability for negligence.

9.4. The above limitations of liability also apply with regards to the personal liability of our employees, legal representatives and vicarious agents.

9.5. The above limitations of liability do not apply in the case of injury to life, body and health, assumption of a guarantee for the quality of a product and fraudulently concealed defects.

9.6. Liability under the Product Liability Act remains unaffected.

10. Law and jurisdiction

10.1. The use of our website and the contracts for the purchase of items through such website will be governed by German law excluding the UN sales law (CISG). For consumers, German law applies only insofar as it does not restrict any statutory provisions of the state in which you have your place of residence or habitual residence.


11. Final Provisions

11.1. Our offers are for adults only, therefore we do not offer products for sale to minors. Minors may use our online shop, but only with the assistance of a parent/guardian.

11.2. We will communicate with you electronically. For contractual purposes, you agree to receive electronic communications from us and agree that all communications, communication disclosures or other electronic communications we provide do not require a written form to do so, and do not meet the mandatory legal requirements for written communications required for another form of communication.

11.3. We reserve the right to change and adapt these Terms and Conditions at any time. Terms and Conditions applied in each case will be those at the time of use/order, subject to your order.

11.4. In addition, we refer to the Platform for Online Dispute Resolution of the European Commission (a platform for online dispute resolution in consumer complaints against online merchants). This platform can be reached at the following Internet address: http://ec.europa.eu/consumers/odr . We are not willing to, nor obliged to participate in any dispute settlement procedure before a consumer arbitration board. We are always interested in a friendlier solution – so please contact us directly.

11.5. Should individual provisions of these Consumer Terms and Conditions be or become unsustainable or unenforceable, this will not affect the validity and enforceability of the remaining provisions.

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