General Terms and Conditions
Status: 7 February 2012


§ 1 Scope and Validity of these terms and conditions
The terms and conditions apply to commercial customers as well as to consumers if not specified otherwise thereafter. A consumer is thereby an individual who buys products or services for personal use and not for manufacture or resale.

The buyer is agreeing to our methods of delivery and payment and any amendment to the following rules of payment and delivery must be made in written form.

§ 2 Conclusion of the Contract
The presentation of our products in the online shop does not represent a legally binding offer, but a non-binding online catalogue inviting to make an order. By clicking on the button marked "confirm order", you make a binding order for the goods in your shopping basket. Our confirmation of the receipt of your order follows immediately after you have submitted your order.  Confirmations regarding the receipt of an order serve only to inform the customer and do not constitute acceptance of agreement. We can accept your order either by sending you an order confirmation by e-mail or by delivering the goods within a period of five days.

§ 3 Delivery
Upon receipt and acceptance of an order, we shall simultaneously initiate production with the aim of delivery at the earliest possible date. As a rule, the order will originate from Germany and will be processed on that same day as long as the order arrives on or before 2pm, otherwise the order will be processed on the next possible work day.
Partial delivery of a product is feasible as long as the customer is in agreement. In this case there will only be a one time charge for packaging and delivery.
Tomed Dr. Toussaint GmbH, shall not be responsible for delayed delivery due to forces of nature or events that substantially hinder delivery or render delivery impossible; Events of this type include in particular; difficulties in obtaining materials that have occurred retrospectively, stoppages, strikes, lockouts, lack of personnel, lack of transport facilities, and orders issued by the public authorities; In this case it releases us and the buyer completely or partially from fulfilling the contract without the invoking of damages.

§ 4 Warranty and Scope of Liability
The buyer is responsible to inspect the state of the product immediately upon delivery.  Objections and complaints in regard to false or misdeliveries must be claimed in written form within 3 days after receipt. Misdeliveries must be returned within 4 days after receipt at the latest. Discovery of a defective or faulty product must be claimed in writing within 6 months of the delivery of the product and must include the invoice number and date.  
The buyer has the right to a replacement of the product when there is a legitimate complaint upon the return of the faulty product. The buyer can receive a credit or can completely withdraw the order only when a product replacement is not available or when delivery from the buyers position is objectionable.  Claims for damages in respect of non-fulfillment or incorrect fulfillment will be null and void.

§ 5  Consumers Right of Revocation

Right of Rescission
You may declare the revocation of your contractual statement in text form (e.g. letter, email) or by returning the merchandise within a period of  14 days. The revocation does not have to contain any grounds. We will forward this revocation instruction to you again in text form. The revocation period commences the day following the receipt of merchandise and this revocation instruction in text form. The time-limit shall be deemed to be observed by the timely dispatch of the declaration of revocation or the return shipment (in the recurring supply of similar goods before receipt of the first partial delivery) and also not before meeting our information requirements pursuant to Article 246 § 2 in relation to  § 1 paragraph 1 and 2 EGBGB as well as our requirements to article § 312g paragraph 1 line 1 BGB in connection with article 246 § 3 EGBGB. The timely dispatch of the revocation or the goods shall be deemed sufficient for compliance with the revocation term.

The revocation is to be addressed to:
 Tomed Dr. Toussaint GmbH, Chief Executive Officer, Wiesenstr. 4, D - 64625 Bensheim; Fax +49-6251-983345: info@tomed.com.

Consequences of Revocation
In case of a valid revocation all mutually received performances as well as emoluments taken (e.g. interest) if applicable, are to be restituted by either side. If you are unable or partially unable to restitute the merchandise to us or can only restitute it in a deteriorated condition, then you have to insofar compensate for its value where applicable. This does not apply if the deterioration is exclusively due to examining the merchandise – as for instance in a retail store – or putting the merchandise to its intended use.Things that can be shipped by parcel are to be returned at our risk. Things that cannot be shipped by parcel will be picked up. You are obliged to bear the costs of the return shipment if the merchandise delivered corresponds to the merchandise ordered and if the price of the merchandise to be sent back does not exceed an amount of EUR 40.00 or if, where the price is higher, you have at the date of the revocation not yet rendered consideration or given a partial payment. In all other cases, the return shipment for you is free of charge. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation.

Special Conditions
If this contract is financed thru a loan and you are revoking the contract,  you are also no longer bound to the loan agreement as long as both parties have a business agreement. This is especially pertinent when we are also the lender or when your lender  is working in collaboration with us. If payment has already been received when the revocation has taken effect or when the product has already been returned to us, it is our obligation in relationship with respect to legal consequences and effects to return the payment to your lender. The latter shall not apply if the present agreement involves the acquisition of financial instruments (e.g. securities, foreign currencies or derivatives). If you wish to avoid commitment to a contract to the furthest possible extent and your loan agreement contains a right of revocation, call upon the right to retraction and rescind your loan agreement.

 -End of the Rights of Revocation-

§ 6 Agreement of cost responsibility when making use of the right of revocation
You are obliged to bear the costs of the return shipment if the merchandise delivered corresponds to the merchandise ordered and if the price of the merchandise to be sent back does not exceed an amount of EUR 40.00 or if, where the price is higher, you have at the date of the revocation not yet rendered consideration or given a partial payment. In all other cases, the return shipment for you is free of charge.

§ 7 Minimum order requirements, fees, and conditions of payment
The minimum order volume is EUR 30.00 plus shipping unless otherwise agreed upon.
The price posted with the product includes sales tax, which currently is 19% in Germany. You may obtain more information on the product sites of our shop. The calculation is done in accordance to the prices and conditions on day of delivery.

There are the following shipping rates depending on destination:
- Germany: EUR 7.14 flat-rate per order, with an order value as from EUR 238.00 free elivery
- E.U. member countries (i.g. France, Spain etc.): EUR 10.00 flat per order
- Non-E.U. coutries in Europe (e.g. Norway, Switzerland): EUR 8.40 flat per order
- Any other country outside Europe:  EUR 13.00 flat

No sales tax „VAT“ applies for orders from outside the territory of the European Union.

Payment is due in full within 14 days from the date on the invoice when delivered within Germany. If payment has not arrived in the allotted time period, we reserve the right to charge an interest rate of 5% on the outstanding amount due and to follow the legal consequences and effects of the payment in default.  International online orders are possible only thru prepayment methods.

Special individual agreements may apply for commercial customers  from Germany and abroad.

§ 8 Reservation of Proprietary rights
The product/s remain the property of Tomed, Dr. Toussaint GmbH until the product is paid for in full. In the case of open account business the retention of title rights shall also be valid as collateral for claims against the account.
The product becomes the property of the buyer when the financial commitment of the buyer is settled.  Until then, the buyer is not authorized to pass the product on or, for security reasons, to transfer ownership to a third party. In the case of a foreclosure, the buyer is responsible to inform us immediately.
The buyer shall dispose of the product after following the proper business terms.  To secure our retail price claims according to said business terms the buyer assigns to us his claims against his contractual partner; we hereby accept this assignment.  After occurrence of insolvency notably settlement or bankruptcy proceedings the contracted goods shall only be disposed with our permission.

§ 9 Agreement for Data Confidentiality
All personal data will be handled with the strictest confidentiality. The data that is necessary for business purposes will be saved and only forwarded in the framework for completion of that order and payment (logistic companies and banks).
In the interest of security, all data that is processed will be protected according to the legal regulations.

§ 10 Disclaimer for external web links
Through this website you are able to link to other websites which are not under the control of Tomed, Dr. Toussaint GmbH. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

§ 11  Miscellaneous
This agreement shall be subject to and construed in accordance with German law.
Place of jurisdiction is Bensheim, Germany, unless otherwise stipulated. Irrespective of that, we reserve the right to take legal action at the customer's registered office.

§ 12 Service Provider
Information on the Host responsible for this Internet Web Site:

Tomed Dr. Toussaint GmbH
Business address: Finkenweg 17, D-64625 Bensheim, Germany
Sales office: Wiesenstr. 4, D-64625 Bensheim, Germany
District court: Darmstadt HRB 24840
CEO: Dr. rer. nat. Winfried Toussaint (Dipl.-Chemist)