1.1 All offers, sales contracts, deliveries and services made on the basis of any orders by customers (each, a "Customer") through this online shop www.tomshot360.com (the "Internet Shop") shall be governed by these terms and conditions of sale (the "Terms and Conditions"). Contracts with the Customer shall be made in the English language.
2.1 The offerings published through the Internet Shop are non-binding. The photographs and representations of the goods on offer on the internet site are created in the form of digital photographs of the actual existing goods. Any minor differences between the representations and reality do not represent a fault in the ordered goods. Unless explicitly stated in the item description, all items will be supplied without the pictured accessories (e.g. cameras, lenses, optional components).
2.2 By placing an order through the Internet Shop (which requires acceptance of these Terms and Conditions), the Customer makes a binding offer to purchase the ordered products. The offer shall remain valid and binding for a period ending at the end of the third business day following the day of the offer. Without undue delay upon receipt of the order, the Internet Shop will send to the Customer by automated e-mail a confirmation of receipt, which shall not constitute an acceptance of the order. The order shall be deemed to be accepted by the Internet Shop either upon subsequent e-mail notification from the Internet Shop about the order or by the dispatch of the product. The sales contract with the Customer shall not become effective until the Internet Shop's acceptance of the order.
2.3 Any Customer shall be entitled to revoke the offer and return the product in accordance with Section 10.
2.4 The Internet Shop is entitled not to accept online orders. The decision regarding this is at the discretion of the Internet Shop. If the Customer's online order has not been fulfilled and the Customer has not received notifications from the Internet Shop, the Customer should inform the Internet Shop immediately.
3.1 Ordering takes place in three stages (selection of items for the shopping cart, payment processing, and order completion) which are completed in several steps. In each step the Customer has the opportunity to return to the previous step by means of the "Back" button. If the Customer wants to make any changes to the data entries, use the radio buttons or the "Modify" links which are located next to the data entries.
3.2 The Customer has the opportunity, by clicking the "Add to Cart" button, to reserve the selected items until the end of the ordering process. A temporary informational display window will inform the Customer that the selected items have been reserved.
3.3 The Customer can then proceed to the shopping cart by clicking the text link "Shopping Cart" which is on the top right side of the webpage. Here the Customer has the opportunity to delete individual or all items in the basket or to change the amount of the items to be ordered. Goods are only delivered in the quantities which are usual in normal trade. To delete an item from the shopping cart, click the "X" button next to the relevant items. Here a non-binding estimate of the shipping cost can be made by entering the destination country and post code.
3.4 After the Customer has verified the items and quantities in the shopping cart, the Customer may start the payment process by clicking the "Checkout" button or the text link "Checkout" on the top right side of the page.
3.5 After entering the payment processing stage in the so–called "Checkout area", the Customer creates a user account or logs into an existing account. The Customer will be asked to enter the required data for the billing and the delivery of the items. All the requested data during the registration process is collected in strict compliance with the Internet Shop's privacy policy and will be treated confidentially.
3.6 After entering all the required data, clicking the "Continue" button will take the Customer to an overview of the delivery options and costs. Deliveries are in accordance with Section 5. Dispatch of the Product.
3.7 Next, the Customer chooses a preferred method of payment. Further information on payment options is in Section 5. Depending on the payment provider, the Customer will either be forwarded to the relevant payment service provider's external website or will remain on the Internet Shop website. If the Customer is forwarded to an external website, the page will automatically return to the Internet Shop website after the Customer completes the required steps on the external website.
3.8 The last and final stage for placing an order, is an overview page. Here the Customer can check the details again and make changes if necessary. By clicking the button "Confirm", the Customer confirm the correctness of the details, and makes a binding order.
4.1 The prices in the offers through this Internet Shop usually include statutory 19% German VAT, but are net of shipping costs. If the Customer has logged into a registered business account with a valid VAT ID, or has logged into a standard account with a primary shipping address that is outside the European Union, or has visited the shopping cart and entered a shipping address that is outside the European Union into the shipping cost estimator tool, then the displayed prices will exclude VAT.
4.2 Any customs duties and similar public charges, including fees for customs clearance charged by the delivery service provider, shall be borne by the Customer.
4.3 Unless expressly otherwise agreed by the Internet Shop, all shipments shall require advance payment by PayPal or Single Euro Payments Area ("SEPA") bank transfer. The Customer is responsible for any origination and currency conversion charges.
4.4 Payments are made primarily in the EUR currency. Other currencies may be used at the discretion of the Internet Shop.
4.5 SEPA transfer in Euro currency is the only form of acceptable bank transfer. If another type of transfer is sent by the Customer, then the Customer is responsible for any fees incurred by the Internet Shop for receiving it, and in such a case, if the final received value of the bank transfer is less than the billed amount, then the payment is considered incomplete and shipment will be withheld until the remaining unpaid amount is received.
4.6 Prices displayed through the Internet Shop only show 2 decimal places, but may actually have a value of up to 4 decimal places and contain fractional cents. Due to the rounding of the prices, the displayed total prices may differ by a few cents from what the Customer may expect. However, the displayed total price (Brutto, Zahlbetrag) and VAT in the shopping cart and checkout areas are the final applicable charges. Since the prices are usually based on whole cents and VAT inclusive prices in EUR, rounding and variations in displayed prices could occur when calculating VAT-free prices and also when the prices are converted to a different currency other than EUR. Furthermore, PayPal only accepts individual product prices containing 2 decimal places, but the "Shipping, Handing, etc." will be adjusted so that the order total will match the totals displayed on this Internet Shop.
4.7 The Customer shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by the Internet Shop or has been determined by a final and binding decision.
5.1 The Internet Shop shall dispatch the product (i.e. the date on which the product is handed over to the delivery service provider) prior to or on the date as set out on the overview page in the last step of the Customer's ordering process, or in the information page on this Internet Shop which lists shipping options; provided, however, that any such date of dispatch shall be only approximate and may therefore be exceeded by up to two business days. If no date of dispatch is indicated, the Internet Shop shall dispatch the product at the latest within five business days for products specified as "in stock" (subject to a prior sale permitted pursuant to subsection 5.2) and within three weeks for any other products. Any such time period relevant to determine the date of dispatch shall begin (a) if advance payment has been agreed, upon receipt by the Internet Shop of the full purchase price (including VAT and shipping costs) or (b) if cash on delivery or payment after delivery has been agreed, upon the conclusion of the sales contract.
5.2 In the event that the product has, upon placement of the offer by the first Customer, been identified in the Internet Shop as "in stock" and advance payment has been agreed upon, The Internet Shop will keep sufficient quantity of the product in stock during a period of five business days following the acceptance of the order by the Internet Shop. Unless payment is received by the Internet Shop within such period from the first Customer, the Internet Shop shall be free to otherwise sell the product to another Customer. In such case, after receiving the payment from the first Customer, the Internet Shop shall dispatch the product only as long as a sufficient quantity of the product is in stock. Otherwise, a period of three weeks from the receipt of payment shall be deemed to be agreed upon for the dispatch of the product.
5.3 In the event that the suppliers of the Internet Shop fail to deliver in a timely manner any components to keep a stock of the products which were identified on the offer page in the Internet Shop (at the time of the order by Customers) as "in stock" or were sold out pursuant to subsection 5.2, the relevant date of dispatch pursuant to subsections 5.1 and 5.2 shall be extended until delivery is made by the suppliers plus an additional period of at least two business days, but in no event by a period of more than three weeks. Any such extension shall be subject to the provision that the Internet Shop has without undue delay ordered the relevant components from the supplier and that the supplier’s failure to timely supply the components is not a result of the Internet Shop's fault or negligence. In the event that the components are no longer available, or cannot be timely delivered, for any of the reasons set out in subsection 5.3, the Internet Shop shall without undue delay inform the Customer thereof. If the components are no longer available from the suppliers within the foreseeable future, the Internet Shop shall be entitled to terminate the sales contract. In case of any such termination, the Internet Shop shall without undue delay reimburse the Customer any payments which the Customer has made to the Internet Shop in respect of the order. The legal rights of the Customer resulting from late delivery shall not be affected by this provision; provided, however, that the Customer may claim damages only subject to the provisions of Section 12 of these Terms and Conditions. Partial deliveries of products included in the same order shall be permitted, provided that the products can be used separately and provided further that the Internet Shop shall bear any additional shipping costs caused thereby.
6.1 Unless expressly otherwise agreed upon, the Internet Shop shall be free to determine the appropriate mode of shipment and to select the carrier at the Internet Shop's reasonable discretion. The Internet Shop shall only be obliged to properly and timely deliver the product to the carrier, and any transit times specified in the Internet Shop shall only be non-binding estimates.
6.2 The risk of accidental destruction, damage or loss of the delivered product shall pass to the Customer upon delivery of the product to the Customer or upon the Customer’s default of acceptance. The Internet Shop shall insure the product against the usual risks of transportation at its own cost and expense.
6.3 A signature is usually required for delivery, therefore unfortunately shipments cannot be made to a P.O. (post office) box.
7.1 The Internet Shop is not obligated to exchange faultless goods. The Internet Shop will normally comply with the Customer's request to exchange, as far as it is possible. The Internet Shop shall be entitled to claim shipping cost for the shipment of the exchanged good. The Customer's right to cancel (Section 10) is not limited or excluded in any way by this provision.
8.1 The Internet Shop retains legal title to any products supplied until the purchase price (including VAT and shipping costs) for such product has been fully paid by the Customer.
The Internet Shop does not currently sell software.
Right to cancel
The Customer may withdraw from the contract within 14 days without stating any reasons for this in text form (e.g. letter, fax or e–mail) or by returning the goods. The period begins upon receipt of this notice in text form although not before the recipient has received the goods (in the case of the recurring supply of similar goods, not before receipt of the first part delivery) and also not before fulfillment of the Internet Shop's information obligations according to article 246 § 2 in association with § 1 paragraph 1 and 2 Introductory Act to the German Civil Code as well as the Internet Shop's obligations according to § 312g paragraph 1 sentence 1 German Civil Code in association with the 246 § 3 Introductory Act to the German Civil Code. The cancellation period is observed by the timely sending of the cancellation notice or dispatching of the goods.
Send letter of cancellation to:
E–mail: thomas@tomshot360.com
Consequences of cancellation
In the case of an effective cancellation, the mutually received services by both parties must be returned and, if applicable, any benefits made (e.g. interest). If the Customer are unable to return the received goods or any benefits (e.g. consumer benefits) or can only partly return these or in a worsened condition, the Customer must offer compensation for this of equal value. In the case of a deterioration of the goods and for any benefits made, the Customer will only have to make a compensation of equal value in so far as the benefits or the deterioration can be traced back to the handling of the goods which goes beyond an examination of the properties and the functioning. "Examination of properties and functioning" is understood to mean the testing and trying on of the respective goods as is usually possible in a store. Goods which can be sent as a parcel can be returned at the Internet Shop's risk. For domestic deliveries, the Customer must assume the standard costs of the return if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed 40 euros or, if the price is more than this, the Customer has not yet rendered the service in return or the contractually agreed part payment. Otherwise for domestic deliveries, the return is free of charge to the Customer. For international deliveries, the Customer must assume all costs of the return, and import fees and shipping costs are not refundable. Goods which cannot be returned by parcel delivery will be collected from the Customer. Any obligations with regard to reimbursement of payments must be made within 30 days. The period starts for the Customer with the sending of the letter of cancellation or the goods and, for the Internet Shop, it begins with the receipt of these.
Special notes
The right to cancel does not apply to software if the delivered data carriers have been unsealed. Furthermore, the right to cancel does not apply to goods which, due to their specific characteristics, are unfit for return consignment. This may be the case with e.g. downloads.
End of cancellation notice
11.1 In the event of a defect of the delivered product, the Customer shall be entitled to request from the Internet Shop to repair the defect or to supply another product (as ordered) which is free from defects. The Internet Shop may refuse to remedy a defective product in the manner requested by the Customer if such remedy would result in unreasonable costs.
11.2 If the remedy (supplementary performance) pursuant to Subsection 11.1 fails or cannot reasonably be expected from the Customer or the Internet Shop refuses to so remedy the defect, the Customer shall be entitled to terminate the sales contract, reduce the purchase price or claim damages or frustrated expenses, in each case in accordance with applicable law; provided, however, that damage claims of the Customer shall be subject to the provisions contained in Section 12.
11.3 The statutory warranty conditions shall apply, typically 2 years from delivery. The Customer's warranty claims are limited to subsequent compliance (removal of defects or replacement) in the first place. Warranty excludes but not limited to the following: normal wear and tear, and improper usage of the product (such as overtightening screws more than finger tightness, opening lens ring wider than necessary for lens insertion, inserting the lens from the wrong direction as guided, applying more than the recommended maximum loads, forcing rotation of the rotator while the friction lock is engaged, submerging the product in water, exposing the product to the elements, modifications to the product, and usage for unintended purposes than what the product was designed for).
12.1 The Internet Shop's liability for negligence, other than for gross negligence, resulting from late delivery shall be limited to an amount equal to 10 % of the aggregate purchase price (including VAT).
12.2 The Internet Shop shall not be liable (on whatever legal grounds) for damages which may not reasonably be foreseen, considering the type of the relevant order and product and assuming a normal use of the product.
12.3 Unless otherwise stated below, any further claims are excluded, irrespective of which cause in law. The Internet Shop therefore shall not be liable for losses not incurred at the supplied good itself. Notably, the Internet Shop shall not be liable for lost profit or other economic loss. To the extent to which the liability of the Internet Shop is excluded or limited, this shall also apply for the personal liability of employees, agents and vicarious agents.
12.4 The foregoing limitations of liability shall not apply in cases of willful misconduct or gross negligence. The provisions of this Section 12 shall not apply with respect to the Internet Shop's liability for guaranteed product specifications (within the meaning of Sec. 444 of the German Civil Code), personal injury or under the German Product Liability Act.
13.1 Unless agreed otherwise, the legal guarantee provisions apply.
14. 1 The Internet Shop may collect and process data relating to the Customer, to the extent necessary for the purpose of the execution and implementation of the sales contract and as long as the Internet Shop is required to keep such data in accordance with applicable law. The Internet Shop shall have the right to submit personal data relating to the Customer to credit agencies, to the extent necessary for a credit check subject, however, to the Customer’s consent in each individual case. The Internet Shop shall neither make available any personal data of the Customer to other third parties without the express consent of the Customer, except to the extent that The Internet Shop is required to disclose any data pursuant to applicable law, or for execution and implementation of the sales contract. The Internet Shop shall not be permitted to collect, submit to any third party or otherwise process personal data of the Customer for any purpose other than those set forth in this Section 14.
15.1 All content on the Internet Shop (www.tomshot360.com) including the brands, collection, arrangement, assembly and presentation of pages and all logos, text, images, feeds and databases are the property of the Internet Shop or its content suppliers and are protected by copyright laws. No one may not use the content from the Internet Shop without express written permission in advance from the Internet Shop.
15.2 Other products or company names used on this website may be trademarks of their respective owners.
16.1 Any contracts entered into between the Internet Shop and the Customer shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods, without prejudice to any mandatory conflict of laws provisions. If the Customer is a corporation, limited liability company, commercial partnership or otherwise operates a commercial business (Kaufmann within the meaning of Sec. 1 (1) of the German Commercial Code) or if the Customer is a legal entity or special fund organized under public law, the courts in Hamburg shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract. In all other cases, the Internet Shop or the Customer may file suit before any court of competent jurisdiction under applicable law.
E-Mail: thomas@tomshot360.com
17.1 The inoperativeness of one or several provisions of said Terms does not affect the validity of the remaining provisions. In such case a provision is applicable which meets best the legal and economic aim of the inoperative provision. This does not apply in case complying with the terms of the Contract would constitute unreasonable hardship for one or both of the Parties.