General terms and conditions

1. Scope
The following T&Cs apply to all orders placed via our online shop.

These T&Cs also apply to businesses for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business.

2. Contractual partner, formation of contract
The purchase contract is concluded with Marcus Blatt, Alteburger Wall 12, 50678 Köln.

The display of products within the online shop constitutes a binding offer on our part to enter into a contract vis-à-vis the items. You may place our products in your basket without obligation and amend your entries at any time prior to submitting a binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in your basket. Once you have sent your order you will immediately receive a confirmation via e-mail.

3. Contract language, saving of the contract text
The languages available for concluding the contract are German and English.

We save the text of the contract and forward the order data and our T&Cs to you by e-mail. The text of the contract cannot be accessed via the internet for security reasons.

4. Delivery conditions

Delivery costs are added to the product prices as displayed. Delivery charges are explained within individual product offers.

You are entitled to collect your order from TakaTomo, Darmstädter Straße 11 , 50678 Köln, Deutschland during the following hours of business: Monday to Friday 9 a.m. to 5 p.m. except public holidays. Kindly inform us ahead of your collection so that we can arrange the goods for you.

5. Payment
The following payment methods are basically available in our online shop:

Paypal
Payment-Service-Provider (technical integration of online-payment-methods) (e.g. PayPal, PayPal Plus, Braintree, Braintree); Service provider: PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg; Legal Basis: Performance of a contract and prior requests (Article 6 (1) (b) GDPR); Website: https://www.paypal.com; Privacy Policy: https://www.paypal.com/de/webapps/mpp/ua/privacy-full.

Klarna Pay Later / Klarna Pay Now
Payment-Service-Provider (technical integration of online-payment-methods); Service provider: Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden; Legal Basis: Performance of a contract and prior requests (Article 6 (1) (b) GDPR); Website: https://www.klarna.com; Privacy Policy: https://www.klarna.com/de/datenschutz.

Visa
Payment-Service-Provider (technical integration of online-payment-methods); Service provider: Visa Europe Services Inc., Zweigniederlassung London, 1 Sheldon Square, London W2 6TT, UK; Legal Basis: Performance of a contract and prior requests (Article 6 (1) (b) GDPR); Website: https://www.visa.de; Privacy Policy: https://www.visa.de/datenschutz.

Mastercard
Payment-Service-Provider (technical integration of online-payment-methods); Service provider: Mastercard Europe SA, Chaussée de Tervuren 198A, B-1410 Waterloo, Belgium; Legal Basis: Performance of a contract and prior requests (Article 6 (1) (b) GDPR); Website: https://www.mastercard.co.uk; Privacy Policy: https://www.mastercard.co.uk/en-gb/about-mastercard/what-we-do/privacy.html.

Credit Card via Mollie
Payment-Service-Provider (technical integration of online-payment-methods); Service provider: Mollie B.V., Keizersgracht 126, 1015 CW Amsterdam, Netherlands; Legal Basis: Performance of a contract and prior requests (Article 6 (1) (b) GDPR); Website: https://www.mollie.com/; Privacy Policy: https://www.mollie.com/privacy.

Apple Pay
Payment services provider; Service provider: Apple Inc., Infinite Loop, Cupertino, CA 95014, USA; Legal Basis: Performance of a contract and prior requests (Article 6 (1) (b) GDPR); Website: https://www.apple.com/apple-pay/; Privacy Policy: https://www.apple.com/privacy/privacy-policy/.

International bank transfer
If you select advance payment we provide you with our bank details in a separate e-mail and deliver the goods on receipt of funds.

6. Retention of title

The goods shall remain our property until full payment is made.
For businesses, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations.

7. Damage during delivery

If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.

8. Warranty and guarantees

Unless expressly agreed otherwise below, the law governing liability for defects shall apply.
We are under a legal duty to supply products that are in conformity with this contract.
For consumers, statutory warranty rights governed by the law of the country where the consumer has his habitual residence apply.
For businesses, the limitation period for claims for defects is one year from transfer of risk; the statutory limitation periods for the recourse claim under Section 478 BGB [German Civil Code] remain unaffected. With respect to businesses, only our own information and the manufacturer’s product descriptions, which have been included in the contract, are regarded as the agreement regarding the quality of the goods; we assume no liability for public statements of the manufacturer or other advertising statements. If the delivered item is defective, we may initially choose, with respect to entrepreneurs, whether we will provide supplementary performance by rectifying the defect (repair) or by delivering a non-defective item (replacement delivery), at our discretion.

The aforementioned restrictions and shortened time limit do not apply to claims for damages, which have been caused by us, our legal representatives or legal agents

• for injury to life, limb or health
• for deliberate or grossly negligent breach of duty, as well as fraud
• for breach of material contractual obligations, the fulfilment of which make the proper execution of the contract possible at all and which the contracting parties may generally rely on and trust in being complied with
• within the context of a guarantee commitment, where agreed.

Information on any additional guarantees and their precise conditions that may apply can be found next to the product and on specific information pages in the shop, if applicable.
Complaints can be submitted by consumers and businesses to our contact details given in the supplier identification.

When you exercise your warranty rights and we deem it necessary to receive the goods back in order to examine your complaint, you must send back the goods at our cost to the address given above. We are committed to respond to any complaint immediately, but no later than within 14 days of its submission.

9. Liability

We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents

• for injury to life, limb or health
• for deliberate or grossly negligent breach of duty
• for guarantee commitments, where agreed
• towards consumer.

Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.

10. Code of conduct

We have submitted to the following codes of conduct: Fairness im Handel (https://www.fairness-im-handel.de/teilnahmebedingungen/)

11. Online dispute resolution
The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/.
In order to settle disputes arising from a contractual relationship with a consumer or from whether such a contractual relationship exists at all, we will participate in dispute settlement proceedings before a consumer dispute resolution body. Consumers can contact their national European Consumer Centre in this regard. The respective contact details of the individual ECCs can be found at https://www.evz.de/en/alternative-dispute-resolution/adr-in-europe/.