Please note, that orders and shipping are only possible within Germany at the moment.

As a matter of form the data protection regulations and general terms and conditions for online business are given here in englisch.

 

Section A

General Terms and Conditions (GTC) - as of 13.06.2014

§ 1 Area of application

These terms and conditions apply to all orders which the consumer (§ 13 BGB), hereinafter "Purchaser", places through TONI Online Shop of

TONI DRESS DAMENMODEN GMBH
Konrad-Ott-Str.
1
91301 Forchheim

Directors of TONI DRESS DAMENMODEN GMBH: Markus Schreiber, Marion Dierks

Commercial register entry: Register Court of Bamberg; No. HRB 1613
VAT ID.: DE 811 158 205

(hereinafter "TONI") (consumer sales) and exclusively in the Federal Republic of Germany.

For business customers ("companies" within the meaning of § 14 BGB) are subject to substantively different terms and conditions; these are the standard conditions of the German textile industry (as of 01.01.2015).

Contractual partner of the customer or the company is TONI DRESS DAMENMODEN GMBH.

All deliveries and services provided by TONI take place exclusively on the basis of the following terms and conditions in the version that is valid at the time of the order made by the customer or the company. Deviating conditions of the customer are not accepted, unless TONI expressly agrees to their validity.

Individual contractual agreements take precedence over these terms and conditions. Deviating, conflicting or supplementary General Terms and Conditions are not part of the contract unless their validity is expressly agreed.

§ 2 Offers and conclusion of the contract

All offers are always subject to confirmation and non-binding.

The purchaser orders the goods offered in TONI Online Shop directly over the Internet (toni-fashion.de).

The purchaser must also have reached 18 years of age. For purchases under the age of 18, consent of the legal representative is required.

TONI will promptly confirm the receipt of the order given via the online shop by email. Such email is still not a binding acceptance of the order, unless, acceptance is declared at the same time in addition to confirmation of receipt.

The contract of sale between TONI DRESS DAMENMODEN GMBH and the customer is only concluded through a declaration of acceptance. This can be done by the dispatch of an order confirmation in writing or by delivery of the goods.

§ 3 Prices

The prices stated on the product pages are in EURO and include the currently valid statutory sales tax.

Vouchers can be redeemed in TONI Online Shop. Per order only one voucher code can be redeemed in the order process, such that the order value must be at least the value of the voucher. Vouchers may not be redeemed for specially marked articles

§ 4 Shipping

The minimum order is 20.00 € (net). Orders below the minimum cannot be processed.

Delivery within Germany is free of delivery costs.

§ 5 Terms of delivery

Deliveries within Germany and internationally are made using DHL or a contractual partner of DHL ("package service").

The delivery time, if not stated in the offer, within Germany is approximately 1-3 business days from receipt of payment or receipt of the confirmation of order for purchase on account. The buyer may request TONI, in writing 14 calendar days after the non-binding delivery date, to deliver within a reasonable period of time; TONI is in arrears as from the arrival of the reminder request.

If not all products are in stock, TONI is entitled to make partial deliveries, at its own expense as far as this is reasonable for the customer to accept.

If the delivery of the goods is unsuccessful despite delivery attempts and notification by the package delivery service, TONI can withdraw from the contract. Any payments will be refunded without delay to the customer.

If products ordered by the customer should not be available, because individual products were not delivered in by suppliers spite of previous conclusion of a purchase contract, TONI can withdraw from the contract. In this case, TONI will inform the customer immediately and may suggest the supply of a similar product. Should a comparable product be unavailable or should the purchaser not wish the delivery of a comparable product, TONI will promptly exercise the right of withdrawal and immediately refund any payments to the customer. The responsibility of TONI for intent or negligence under § 11 of these terms and conditions remains unaffected.

The use of articles for advertising purposes, as well as in the context of competitions, is allowed only with the prior consent of TONI.

§ 6 Payment/payment methods

The customer can pay for the articles by credit card, PayPal, giropay, prepayment or equivalent credit on account.

In the interest of our customers, TONI checks each order with due care on the basis of its own business policy and the internal credit policies, as well as incorporating a credit check. TONI reserves the right, in order to hedge the credit risk, not to offer the invoice after an automated test within the meaning of § 6a of the BDSG. In this case, the purchaser is entitled alternatively to choose the payment methods cash in advance, credit card, PayPal or giropay. If you have questions on this, please contact our customer service (contact: service@toni-fashion.de).

If the payment type is credit card, the account of the customer is debited on shipment of the goods.

If the payment method is invoicing, the customer undertakes to settle the invoice amount within 14 calendar days after receipt of the goods without any deduction of cash discount. The invoice is regularly sent out together with the goods.

PayPal is the online payment service with customers at online stores can make payments which are safe, simple and fast and free of charge.

• Safe: The banking and credit card data are only available to PayPal. Therefore they are not sent again with every online purchase over the Internet.
• Easy: The payment is made by two clicks. Because the customer is using his bank or credit card data stored with PayPal, instead of typing them in for each purchase.
• Fast: PayPal payments arrive rapidly. Then TONI can immediately send the goods and you usually get them sooner.

If you select giropay as your payment method, you will be taken securely to the online banking of your bank after you enter your bank code by the merchant's shop. Here you register as usual with your account number and PIN. The system automatically displays a referral that contains all the details of the purchase: invoice amount, purpose and bank account of the merchant. By entering a TAN, you authorise the transfer. You will receive confirmation of successful payment, which you can print out in the third and final step of the giropay payment. At the same time, TONI automatically receives a payment confirmation and can then immediately arrange dispatch of your goods.

§ 7 Arrears

All payments of the purchase price are immediately due and payable on delivery without deduction. The purchaser is in arrears without further declarations by TONI 14 calendar days after the delivery if he has not paid. If a time according to the calendar is specified for the payment, arrears occur with not on-time payment without the need for a reminder. In the event of the presence of defects, there is no right of retention for the buyer, unless the withholding is not in reasonable proportion to the defects and is the estimated costs of rectification (particularly defect removal).

After the occurrence of the arrears, TONI will pass the claim to a collection agency or a lawyer for the purpose of debt collection. TONI has issued authorisation instructions to do this to Schumm & Aigner GmbH Law and Audit Firm, entered in the Commercial Register of the District Court of Nuremberg HRB 23826 Teutonenstr. 55, 90402 Nuremberg, and PVS Fulfilment Service GmbH, entered in the Commercial Register of the District Court of Stuttgart, HRB 104475, Konrad-Zuse-Str. 16, 74172 Neckarsulm, which operates the online shop in the name and for the account of TONI.

The right of TONI to withdraw from the contract and to demand the return of the goods delivered remains unaffected.

If payment is delayed, TONI reserves the right to charge overdue fines amounting to 5 €. The customer retains the right at any time to prove that the alleged charges were lower in each case. Thereafter, the purchaser is only required to pay the lower amount.

§ 8 Set-off

A set-off against payment claims by TONI is allowed only with undisputed or legally established claims.

§ 9 Retention of ownership

The goods remain the property of TONI until full payment. Pledging, assignment as security, processing or transformation without the consent of TONI is not permitted before transfer of ownership.

The purchaser must inform TONI of all access of third parties, in writing without delay, and in particular of enforcement measures, as well as other damage of his property. The customer must compensate TONI for all damages and costs resulting from a violation of this obligation and for necessary intervention measures against a third-party.

If the customer behaves contrary to the contract, especially if he does not fulfil his payment obligations despite a reminder from TONI, TONI can after a previous reasonable period of grace withdraw from the contract and demand the return of the goods still in his property. The withdrawal of the goods by TONI is a withdrawal from the contract. The purchaser must pay the resulting transport costs. Seizure of goods by TONI always entails withdrawal from the contract. TONI is authorised to dispose of the goods after receiving them back. The proceeds must be offset against liabilities of TONI – less reasonable realisation costs.

§ 10 Right of revocation

Right of withdrawal

You have the right to cancel this contract within 14 days without giving reasons.
The revocation period is fourteen days from the date on which you or a third party nominated by you, which is not the carrier, have taken the last goods in possession.
To exercise your right of withdrawal, you must notify us,

TONI DRESS DAMENMODEN GmbH
c/o PVS Schenk GmbH
Klingenstr. 21
97478 Knetzgau
Telefon: 09191/3539 830
Fax: 0711/7252 30799
service@toni-fashion.de

using an unambiguous statement (e.g. a letter sent by mail, fax or email) of your decision to cancel this contract. You can use the model cancellation form provided for this, but this is not required. To meet the revocation period it is sufficient that you submit the notice of the exercise of the right of withdrawal before the withdrawal deadline.

Consequences of revocation

If you cancel this contract, we must return to you all payments that we have received from you including the delivery charges (except for the additional costs arising from the fact that you have chosen a different type of delivery than the best standard delivery offered by us), without delay and at the latest within fourteen days from the date on which the communication of your revocation of this agreement with us was received. We will use the same means of payment you have used in the original transaction for this repayment, unless something else has been expressly agreed with you; in no circumstances will you be charged fees for this repayment. We may refuse the refund until we have received back the goods or until you have demonstrated that you have returned the goods, depending on which is the earlier date.

You must return or send the goods promptly, and in any case no later than fourteen days from the date on which you inform us of the cancellation of this agreement, to

TONI DRESS DAMENMODEN GmbH
c/o PVS Schenk GmbH
Klingenstr.
21
97478 Knetzgau

The deadline is respected if you send the goods before the expiration of the period of fourteen days.

We will bear the costs of returning the goods.

You must only cover any loss in value of the goods if this loss is attributable to unnecessary communication with you to assess the quality, properties and functioning of the goods.

The right of withdrawal does not apply to delivery of goods which are made to customer specifications or are clearly tailored to personal needs.

Please avoid damage and dirt. Please return the goods to us in the original packaging with all accessories and all packaging components if possible. If necessary, use protective packaging. If you no longer have the original packaging, please provide suitable packing for adequate protection against damage during transportation in order to avoid claims for compensation for damage resulting from inadequate packaging.

For returns, please use the return sticker provided, and please enclose a copy of the invoice or the delivery note and submit the package to the DHL package store.

§ 11 Liability

TONI will be liable irrespective of the following limitations of liability under the statutory provisions for damage to life, body and health, based on a negligent or deliberate breach of duty by it, its legal representatives or its vicarious agents, as well as for any damage covered by liability according to the product liability law, and also for all damages attributable to intentional or grossly negligent breach of contract and bad faith by TONI , its legal representatives or its vicarious agents.

TONI is liable for damages which it has caused by simple negligent breach of such contractual obligations the fulfilment of which constitutes the proper performance of the contract and on compliance with which the buyer regularly relies and is entitled to rely. The same applies if the buyer is entitled to claims for damages instead of performance. TONI is only liable insofar as the damage is connected in typical fashion with the contract and predictable.

Any further liability of TONI is excluded irrespective of the legal nature of the asserted claim; this applies in particular to tort claims or claims for futile expenditure instead of performance. To the extent that TONI's liability is excluded or limited, this also applies to the personal liability of its employees, workers, personnel, representatives and vicarious agents. A shift of the burden of proof to the disadvantage of the buyer is not entailed by the above provisions.

§ 12 Warranty

The warranty is subject to the statutory provisions. Please contact our service centre (Tel: 09191/3539 830 or service@toni-fashion.de) for the rapid fulfilment of your warranty claims.

§ 13 Out-of-court complaints procedure/online dispute resolution

As from 15 February 2016, the EU Commission will provide an online platform (also known as the "dispute resolution platform") for out-of-court dispute resolution. This gives clients the possibility to resolve disputes in connection with ordering online first without the intervention of a court. The dispute resolution platform can be reached at the external link http://ec.europa.eu/consumers/odr/.

§ 14 Data protection

Protecting your privacy is very important to us. In what follows, we inform you in detail about the handling of your data.

Collection, processing and use of personal data

The sale of articles through TONI Online Shop takes place in the name and for the account of TONI DRESS DAMENMODEN GmbH; under the Federal Data Protection Act (BDSG) in the context of data processing for the sale it is therefore responsible within the meaning of § 3. Your data will be processed in compliance with the data protection rules applicable to this agreement. At the same time, corresponding agreements have been concluded for the provision of individual services under the contract with selected service providers (e.g. shippers). Insofar as the processing of personal customer data is required for this, compliance with the applicable data protection provisions will also be contractually secured according to § 11 para. 2 BDSG.

The data supplied by you will be collected, processed, and used for the fulfilment and completion of your order in the automated procedure.

You can visit our site without having to provide information about yourself. We only store access data without reference to persons, such as the name of your Internet service provider, the site from which you visit us or the name of the requested file. These data are used solely for the improvement of our services and do not support any conclusions about your person.

Personal data (first/last name, full address, email address, telephone/callback number) are collected only if you voluntarily inform us of this within the context of ordering goods or when opening an account, or when registering for our newsletter. We will use the data communicated by you without your separate consent exclusively for the fulfilment and completion of your order. With conclusion of the contract and full payment of the purchase price, your data will be blocked for further use and deleted after the storage periods required by physical and commercial law, unless you have explicitly consented to the further use of your data (newsletter). During registration for the newsletter your email address will be used with your consent for specific advertising purposes until you unsubscribe from the newsletter. The cancellation is possible at any time.

Use of cookies

On various pages, we use cookies to make visiting our site attractive and to allow the use of certain functions. These are small text files that are stored on your computer. Most of the cookies used by us are deleted from your hard disk at the end of the browser session (so-called session cookies). Other cookies remain on your computer and allow us to recognize your computer when you next visit (so-called persistent cookies). These cookies are used for greeting you with your user name and prevent the need for re-entering of your password or the completion of forms with your data for subsequent orders.

However, the user has the option to disable this function within his respective Web browser. In this case, however, there may be restrictions on the usability of the website.

To provide an optimum range of information tailored to the interests of visitors to TONI Online Shop, TONI Online Shop uses Google AdWords® Remarketing. Third-party providers, including Google®, use cookies to turn on ads on the basis of previous visits of a user to TONI Online Shop. Users can disable the use of cookies by Google® by going to the page for disabling Google advertising. Alternatively, users can disable the use of cookies by third-party suppliers by going to the deactivation page for network promotion initiatives.

Transfer of personal data

Your data is transferred to the shipping company responsible for delivery, to the extent that this is necessary for the delivery of the goods. For the processing of payments, we share your payment data for some payment types (credit card payment, PayPal) with the credit institution responsible for the payment and the payment service provider contracted by us in the context of processing an order.

Credit check

In the interest of all customers, for orders where we act in advance we check the creditworthiness of our customers. For this purpose we take information about your previous payment behaviour from CRIF GmbH, Dessauerstraße 9, 80992 Munich, which stores data for the provision of information as a credit agency. In addition, we also take credit information from CRIF GmbH based on mathematical and statistical procedures using your address data.

Withdrawal of consent

You have given the following consent, if necessary, explicitly. We would like to point out that you can withdraw your consent at any time with effect for the future.

Permission for email advertising
I would like to receive information about promotions and new products by email from TONI. My email address will not be passed on to other companies. I can revoke this consent to the use of my email address for advertising purposes at any time with effect for the future by clicking on the "Unsubscribe" link at the bottom of the newsletter or removing the check mark next to the relevant newsletter in my account under the menu item Newsletter.

Data transfer in the event of delay of payment

After the occurrence of a delay of payment (late settlement a bill or a chargeback) we charge for debt collection by our collection partner

Schumm & Aigner GmbH Law and Accounting Firm (in short "Schumm & Aigner GmbH")
represented by their Managing Director RA, WP, FAStR Harald Schumm
Teutonenstraße 55
90402 Nuremberg

All information connected with the claim in arrears (address and billing information) will be passed on Schumm & Aigner GmbH for the purpose of the collection of the claim. Schumm & Aigner GmbH is entered in the Commercial Register of the District Court of Nuremberg under the register number HRB 23826.

Data security

Your personal data is encrypted during the ordering process via the Internet. This applies to your order and also to the customer login. For this purpose we use the coding system SSL (Secure Socket Layer). We secure our website and other systems through technical and organisational measures against loss, destruction, access, modification or distribution of your data by unauthorised persons. Access is only possible after entering your personal password to your customer account. You should treat always your access information as confidential and close the browser window once you have finished the communication with us, especially if you are using the computer jointly with others.

Use of Google Analytics

On this site data are collected and stored with technologies from Google Analytics for marketing and optimisation purposes. From this data, user profiles can be created under a pseudonym. Cookies can be used for this purpose. Cookies are small text files that are stored locally in the cache of the site visitor's Internet browser. Cookies enable the recognition of the Internet browser. The data collected with the Google Analytics technologies will not be used without the explicit consent of the person concerned to identify the visitor personally and not merged with personal data about the bearer of the pseudonym. Data collection and storage may be revoked at any time with effect for the future.

§ 15 Legal venue/applicable law

Disagreements and disputes in connection with this agreement are exclusively subject to the laws of the Federal Republic of Germany under exclusion of the UN Sales Convention.

Forchheim is the exclusive legal venue for orders from merchants, legal persons of under public law or public law special funds.

 

Section B

Customer information

1. Information about TONI and the address for summons

TONI DRESS DAMENMODEN GMBH, Konrad-Ott-Str. 1, 91301 Forchheim
Directors: Markus Schreiber, Marion Dierks, Bamberg District Court, HRB 1613
Service-hotline: Monday to Friday from 08:00 to 20:00 and Saturday from 09:00 until 12:00. 09191/3539 830
email: service@toni-fashion.de
URL: http://www.toni-fashion.de

2. Information on the essential characteristics of the goods

The customer can take the essential characteristics of the goods from the individual product descriptions which TONI makes available in the context of the product presentation.

3. Information on reservation of non-delivery if goods not available

TONI reserves the right, in accordance with article 5 of the TONI General Terms and Conditions (GTC), not to deliver the promised performance and thus the delivery of the goods in the event of non-availability (see above).

4. Information on payment, delivery and performance conditions

Payment is made by the purchaser in accordance with § 6 of the General Terms and Conditions (GTC) of TONI (see above) and delivery under § 5 of the General Terms and Conditions (GTC) of TONI (see above).

5. Information on a legal defect liability

The legal liability for defects is applicable.

6. Information on the technical steps that lead to the conclusion of a contract

The contract is concluded through offer and acceptance.

6.1 Expiration of an order/offer of the customer

If the customer has found a product in the offering of the TONI that corresponds to his wishes, he can put the product in the shopping cart. If the customer would like to see the shopping cart, he can do so at any time by clicking on the button "Shopping cart". Products that the customer would no longer like to order he can change or remove them by clicking at any time on the button "Change items" (change the number of articles), or "Delete article" (removal of the selected article from the shopping cart). After all desired goods have been placed in the shopping cart, the customer must enter his data. TONI has appropriately marked the fields in which the purchaser is required to specify his mandatory data for correct implementation of the order.

At the end of the order process, the customer must press the button (button) with the title ("Ordered subject to payment").

6.2 Acceptance by TONI

The acceptance of the offer of the customer is performed by TONI in accordance with § 2 of the GTC of the TONI (see above).

7. Information on storage of the text of the contract and accessibility of the customer

The contract text is stored in the shop system of TONI DRESS. The GTC can be seen by the customer at all times on this site. The data of the individual order, as well as the GTC can be automatically sent by email to the customer. After the customer has completed the order with registration, the data are available in the user's account. After completion, orders placed without registration can no longer be seen on the Internet.

8. Information on technical equipment to detect and correct input errors

Before completing the purchase, the customer can correct his personal at any time data. This is true for the number of the ordered goods as well as for the selected goods. For this purpose, the customer can change his personal data by mouse or keyboard and both remove goods from the shopping basket and increase or decrease the number of goods to be ordered. In addition, all details of the order are displayed again before the end of the order and the purchaser is given the opportunity for correction.

9. Information on the languages available for the conclusion of the contract

Only German may be used for the conclusion of contracts.