Terms and Conditions
General terms and conditions of business
- Formation of the contract
- Storage of the contract text
- Prices, shipping costs, return shipping costs in case of cancellation
- Delivery terms
- Payment terms
- Right of withdrawal
- Warranty
- Data protection
- Applicable law and jurisdiction
1. Formation of the contract
By placing your order, you are submitting a binding offer to enter into a contract with us. We can accept this offer upon delivery of the ordered goods. You will initially receive confirmation of receipt of your order via email to the email address you provided (order confirmation). However, a purchase contract is only concluded upon delivery of the ordered goods.
When ordering through our online shop, the ordering process comprises a total of 5 steps.
In the first step, you select the desired goods. In the second step, you enter your customer information, including your billing address and, if applicable, a different delivery address. In the third step, you will see the shipping costs for your order. In the fourth step, you choose your payment method. In the final step, you have the opportunity to review all information (e.g., name, address, payment method, ordered items) and correct it if necessary before submitting your order by clicking "Submit Order." All offers are subject to change without notice. We expressly reserve the right to price changes, errors, misprints, and modifications. As many items are unique or limited edition, we reserve the right to sell them out before your order is finalized. Should an item you ordered no longer be available, you will be notified immediately. According to §§ 146 ff. of the German Civil Code (BGB), the order (offer) of the offeror expires if it is rejected by us or not accepted in a timely manner. According to § 148 of the German Civil Code (BGB), an acceptance period of 5 business days is deemed agreed upon. If we do not respond to the customer's request within this period, no valid purchase agreement is concluded and the customer is released from their binding offer. The customer's binding order is therefore no longer legally binding. Should we send an order confirmation to the customer only after this period has expired, this order confirmation will be considered a new offer and can be accepted or rejected by the customer. Any payments already made by the buyer will be refunded if the purchase agreement is not concluded or expires.
2. Storage of the contract text You can view the contract text of your order before sending your order to us and print it via your browser.
We will also send you an order confirmation with all order details, our terms and conditions and the cancellation policy to the email address you provided.
3. Prices, shipping costs, return shipping costs in case of cancellation
All prices are final prices and include VAT. Shipping costs apply to every order and are to be borne by the buyer. The shipping costs depend on the delivery location and the chosen shipping method. Shipping costs are displayed in the shopping cart. The minimum order value for end consumers is €0. For orders over €50, we cover the shipping costs for deliveries within Germany. If you exercise your right of withdrawal, you are responsible for the regular return shipping costs if the delivered goods match the order. Otherwise, the return is free of charge.
4. Delivery conditions
Unless otherwise stated in the offer, we will ship the goods within 1-2 business days of receiving payment. For payments by invoice, unless otherwise stated in the offer, we will ship the goods within 1-2 business days of order confirmation. Acceptance of the ordered and delivered goods is a primary obligation of the buyer. If the buyer refuses or fails to accept delivery, the buyer is in default. After an attempted and unsuccessful delivery attempt, we reserve the right to claim up to 30% of the order value as damages. This is without prejudice to our right to prove higher damages. We are not responsible for delays in delivery or performance due to force majeure or events that significantly impede, prolong, or prevent delivery, such as adverse weather conditions, strikes, operational disruptions, official orders, difficulties in procuring materials, etc., even if these occur at our suppliers, and even if binding deadlines and dates have been agreed upon.
5. Payment terms
Customers with "regular customer" status can choose to pay in advance via bank transfer, PayPal, or invoice (after at least one successfully completed prepayment order). Customers without a customer account can only pay via PayPal. We reserve the right to exclude certain payment methods. If you choose prepayment via bank transfer, we will provide our bank details in the order confirmation email. Regular customers can also find our bank details on the " Billing & Bank Details " page when logged into the shop system (see the "More" box in the footer). The invoice amount must be transferred to our account within 5 business days. You may only exercise a right of retention if your claims arise from the same contractual relationship.
5.1 Payment delay
For orders paid in advance via bank transfer, we reserve the ordered items for 5 business days. If payment is not received in our account within 5 business days (from the order date, excluding Saturdays, Sundays, and public holidays), the order will be canceled without further notice. Should payment be delayed, please notify us in writing (e.g., by email) as soon as possible, specifying how many days the payment will be delayed. For dealer orders placed on account, we expect payment within 10 days of delivery.
6. Right of withdrawal for consumers
6.1 .
Below you will find information about the conditions and consequences of the statutory right of withdrawal for mail-order purchases. This does not entail any contractual granting of rights beyond those stipulated by law. In particular, the statutory right of withdrawal does not apply to commercial resellers .
6.2
The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not citizens of a Member State of the European Union and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union.
6.3
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise your right of withdrawal, you must inform us (Thomas Schneider & Martina Schneider GbR, Kölner Str. 53, 14612 Falkensee, Germany, Phone: +49 (0) 3322-28 73 20, Email: info@tms-trends.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email).
You can use the attached cancellation form for this purpose, but it is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.
Consequences of the revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the cheapest standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
For this refund, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this refund.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You must return the goods to us without undue delay and in any event no later than fourteen days from the day on which you communicate your withdrawal from this contract to us.
TMS Trends
Thomas Schneider & Martina Schneider GbR
Cologne Street 53
14612 Falkensee
to return or hand over the goods. The deadline is met if you send the goods before the fourteen-day period expires. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods if this diminished value is due to handling of the goods beyond what is necessary to ascertain their nature, characteristics, and functioning.
6.4 Partial revocation
In the event of a partial cancellation, TMS Trends Thomas Schneider & Martina Schneider GbR may demand subsequent payment of shipping costs (for the original shipment to the customer) from the customer if the remaining order value after the cancellation (original order value minus the order value relating to the cancellation) falls below the respective free shipping threshold and no shipping costs were originally charged (at the time of ordering).
6.5 Exceptions to the right of withdrawal
There are statutory exceptions to the right of withdrawal (§ 312g BGB), and we reserve the right to invoke the following provisions: The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for whose production an individual selection or specification by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer. It may expire prematurely in the case of contracts for the supply of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, as well as in the case of contracts for the supply of goods that, after delivery, have been inseparably mixed with other goods due to their nature, and in the case of contracts for the supply of audio or video recordings or computer software in sealed packaging if the seal has been removed after delivery.
End of the cancellation policy 7. Warranty
The warranty is governed by statutory provisions. If the subject of the purchase agreement is used goods and the buyer is not a consumer, the warranty is excluded. If the customer is a consumer, the warranty period for the purchase of used goods is one year.
8. Data protection
When initiating, concluding, processing, and reversing a purchase agreement, we collect, store, and process data in accordance with legal regulations. When you visit our website, the IP address currently used by your computer, the date and time, your browser type and operating system, and the pages you viewed are logged. However, we cannot and do not intend to draw any conclusions about your personal data from this information. The personal data that you provide to us, for example, when placing an order or via email (e.g., your name and contact details), will only be used for correspondence with you and only for the purpose for which you provided the data. We only share your data with the shipping company commissioned to deliver your order, insofar as this is necessary for the delivery of the goods. To process payments, we share your payment details with the bank responsible for processing the payment. We assure you that we will not otherwise disclose your personal data to third parties unless we are legally obligated to do so or you have given your explicit prior consent. Insofar as we use third-party services for the execution and processing of data, the provisions of the Federal Data Protection Act are complied with. We would also like to inform you that your IP address will be stored in the system along with your order.
Storage duration
Personal data that has been communicated to us via our website will only be stored until the purpose for which it was entrusted to us has been fulfilled. Where commercial and tax law retention periods must be observed, the storage period for certain data may be up to 10 years.
Your rights
Should you no longer agree to the storage of your personal data or should it have become inaccurate, we will, upon your instruction and within the framework of the legal provisions, arrange for the deletion, correction or blocking of your data.
Upon request, you will receive free information about all personal data we have stored about you. For questions regarding the collection, processing, or use of your personal data, or for information, correction, blocking, or deletion of data, please contact:
TMS Trends
Thomas Schneider & Martina Schneider GbR
Cologne Street 53
14612 Falkensee Phone: +49 (0) 177 4638291
Email: info@tms-trends.de
Links to other websites
To the extent that we refer to or link to third-party websites from our website, we cannot assume any guarantee or liability for the accuracy or completeness of the content or the data security of these websites. Since we have no control over third parties' compliance with data protection regulations, you should review their respective privacy policies separately. [According to Section 13 of the German Telemedia Act (TMG), every operator of an online shop is obligated to provide a privacy policy. This should be accessible from every page with one click, similar to the legal notice (Impressum), and should be labeled 'Privacy Policy' or 'Data Protection Statement'. For this policy, the text from Section 8 of these sample terms and conditions (which may need to be adapted) can be used, for example.]
9. Applicable Law and Jurisdiction
German law applies exclusively. With respect to consumers, this choice of law applies only to the extent that it does not restrict any mandatory legal provisions of the state in which they have their domicile or habitual residence. If the customer is not a consumer, Nauen is agreed as the place of jurisdiction.