TOGAL-WERK AG – Online Shop
General terms and conditions, cancellation policy and customer information for orders in the online shop
These terms and conditions apply to orders of goods from our online store. As explained on our homepage under “How to order”, you can buy the goods of our online shop
• directly on the internet via our online shop,
• via phone,
• by fax or
• by email
Goods are shipped exclusively within Germany and Austria. Unfortunately deliveries to other countries are currently not possible.
The offer in our online shop is aimed exclusively at consumers within the meaning of § 13 BGB, who have their residence or habitual residence in Germany or Austria. A consumer within the meaning of § 13 BGB (German Civil Code) is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.
2. Contracting party, conclusion of contract, storage of the contract text
Your contractual partner is the TOGAL-WERK AG Theatinerstr. 15, postal address: Theatinerstr. 14, D-80333 Munich Register Court: AG Munich,
Tel .: +49 (0) 89/92 59 – 0
Fax: +49 (0) 89/92 59 – 95
The presentation of our goods in the online shop does not constitute an offer to conclude a contract. With your order you make us a binding offer. A purchase contract is concluded by our acceptance of your offer, either by delivery of the goods or exceptionally by a shipping confirmation sent to you. If you receive from us a confirmation of receipt of your order (order confirmation), this does not already represent the acceptance of your contract offer.
When ordering directly on the Internet via our online shop, the order process comprises a total of five steps. In the first step you select the desired goods. In the second step you enter your customer data including billing address and, if necessary, different shipping address. In the third step you choose how you want to pay. In the fourth step, you have the opportunity to review all information (such as name, address, method of payment, items ordered) again and correct, if necessary, before you submit your order by clicking on “order with costs”. In the last step you will see the details of your order.
We save the contract text of your order. You can print it before you sending your order to us, by clicking on “Print” in the fourth step of the order. We will also send you an order confirmation with all order details and your email address.
If you order by e-mail, fax or telephone, you will receive an order confirmation from us after receiving your order to your adress. This provides – in accordance with section 2.2. these terms and conditions – not an acceptance of your contract offer dar. The contract is due only by delivery of the goods or exceptionally by receipt of a shipping confirmation.
3. Cancellation policy
If the customer is a consumer in the sense of § 13 BGB, the following right of revocation applies to the orders in our online shop:
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must contact us
Togal-Werk AG, Theatinerstr. 15, postal address: Theatinerstr. 14, D-80333 Munich
Tel. + 49 (0) 89-9259-0, Fax + 40 (0) 89-9259-95, info @ togal.de
by means of a clear statement (such as a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached withdrawal form, which is not required. You can electronically fill in and submit the sample revocation copy or another clear declaration on our website www.togal.de. If you make use of this option, we will promptly (for example by e-mail) send you a confirmation of the receipt of such revocation.
Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery offered by us) have to repay immediately and at the latest within 14 days from the date on which the notification of your revocation of this contract has been received by us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. 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 the goods to us immediately and in any event not later than 14 days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of 14 days. You bear the immediate costs of returning the goods. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
End of Cancellation
4. Prices, shipping and return costs, terms of payment and delivery, retention of title
Our prices are in Euro and include VAT. For deliveries within Germany under a total value of € 30.00 we charge a shipping fee of € 4.95. For deliveries to Austria we charge a shipping fee of € 13.99.
At present we can only ship orders to addresses in Germany and Austria, deliveries to PO Box addresses are not possible.
We deliver within a short time. If an item is out of stock, we will send you a first partial shipment within 10 to 14 days and notify you of the expected additional delivery date.
Currently we can only deliver to one address per order. If you wish to ship to multiple addresses, please provide a separate order for each address.
If you exercise your right of withdrawal, you have to bear the direct costs of the return.
Payment is made by Pay Pal or prepayment, to the following bank account:
As billing address will be only accepted an address in Germany or Austria.
The goods remain our property until full payment.
5. Unavailability / delivery
As far as we determine after receipt of your order and before accepting the contract offer the unavailability of the goods, we reserve the non-delivery or the replacement of a quality and price equivalent thing. In the case of replacement, this only represents our offer to you to accept a replacement product instead of the ordered one. The acceptance of this offer is free. If you are not interested, please send the goods back to us; We assume the shipping costs of the return.
If we have already accepted your contract offer, this is subject to the correct and timely delivery by our suppliers. In this case, we inform you immediately about any unavailability of the service for which we are not responsible. Already made payments will be refunded immediately.
We bear the entire risk of damage or loss of the goods on the way to you. We ask you, in the case of incomplete delivery or damage during transport to notify us within 24 hours. Failure to comply with this request will not limit your legal claims.
6. Warranty / Guarantee
Regarding warranty and guarantee the legal regulations apply.
7. Data protection
Please refer to our separate Data protection.
8. Applicable law and jurisdiction
It is exclusively the law of the Federal Republic of Germany with the exception of international private law and the UN Sales Convention. This choice of law applies to a consumer in accordance with § 13 BGB (German Civil Code) only in so far as it does not restrict any mandatory statutory provisions of the state in which he has his domicile or habitual residence.
As far as the customer is not a consumer within the meaning of § 13 BGB, the place of jurisdiction is Munich.
9. Severability clause
The contract remains binding even in the case of legal ineffectiveness of individual provisions in its other parts. This does not apply if adhering to the contract would be unreasonable for any party.
HypoVereinsbank Munich, IBAN: DE 40 700 202 700000140071, BIC: AGBMDEMMXXX
Airbus Group Bank GmbH, IBAN: DE 13 7012 0600 3100 0108 63, BIC: AGBMDEMMXXX
As of December 2015
TOGAL-WERK AG, Theatinerstr. 15, postal address: Theatinerstr. 14, D-80333 Munich
Phone + 49 (0) 89-9259-0, Fax + 49 (0) 89-9259-95, info @ togal.de