These General Terms and Conditions of Use apply to all legal transactions concluded between us and our customer concerning the brokerage of products supplied by the supplier, which are concluded and/or processed via our website. Any terms and conditions of the customer that deviate from these terms and conditions shall not apply unless and insofar as Tom & Poolee Deutschland GmbH expressly agrees to them in individual cases.
Tom & Poolee Deutschland GmbH acts solely as an intermediary for the order placed by the customer. The contract for the preparation and delivery of the ordered products is concluded between the respective delivery service (taking into account its general terms and conditions, if applicable) and the customer. Tom & Poolee Deutschland GmbH is not a party to the contract concluded between the customer and the respective delivery service. In particular, Tom & Poolee Deutschland GmbH has no influence on the content or execution of the order agreed between the customer and the delivery service.
The liability of Tom & Poolee Deutschland GmbH is therefore limited to forwarding the customer’s order to the delivery service, subject to the liability limitations set out in § 3 below.
These General Terms and Conditions of Use apply to all legal transactions concluded between us and our customer concerning the brokerage of products supplied by the supplier, which are concluded and/or processed via our website. Any terms and conditions of the customer that deviate from these terms and conditions shall not apply unless and insofar as Tom & Poolee Deutschland GmbH expressly agrees to them in individual cases.
Claims by the customer for damages or reimbursement of expenses (hereinafter referred to as “claims for damages”) against Tom & Poolee Deutschland GmbH are excluded unless they are based on intentional or grossly negligent breach of duty, negligent injury to the customer’s body, life, or health, failure to comply with a guarantee regarding a specific characteristic, or negligent breach of a material contractual obligation by Tom & Poolee Deutschland GmbH.
Material contractual obligations are those obligations whose fulfillment makes the execution of the agreement with Tom & Poolee Deutschland GmbH possible in the first place.
In the case of a negligent breach of a material contractual obligation, Tom & Poolee Deutschland GmbH shall, however, only be liable for the typical and foreseeable damage. Typical/foreseeable damage is that which typically arises from the violation of the respective obligation.
Liability on the part of Tom & Poolee Deutschland GmbH is equivalent to that of its legal representatives and vicarious agents.
The above provisions do not entail any reversal of the burden of proof to the detriment of the customer.
Tom & Poolee Deutschland GmbH processes personal data of the customer in compliance with the applicable data protection regulations. The data (for example, name, address, e-mail, telephone number, etc.) is collected, processed, and used by Tom & Poolee Deutschland GmbH only to the extent necessary for establishing, executing, or terminating the contractual relationship — as well as for future contracts in the event of customer registration.
The customer has the right to object to the processing or use of their personal data at any time with effect for the future by sending a written notice via e-mail to datenschutz@tomandpoolee.de or orally by telephone at +49 (421) 43499838.
Personal data will be deleted by Tom & Poolee Deutschland GmbH as soon as knowledge of such data is no longer required to fulfill the purpose of storage. Tom & Poolee Deutschland GmbH points out that, in some cases, legal or contractual retention obligations may prevent deletion of the customer’s data. In such cases, the customer has the right to have the data blocked. The customer may contact Tom & Poolee Deutschland GmbH for this purpose as described above.
Tom & Poolee Deutschland GmbH is not liable – subject to § 3 above – for the execution of the respective delivery service’s order. However, Tom & Poolee Deutschland GmbH strives to mediate between the customer and the delivery service in the event of disagreements to achieve a solution-oriented outcome.
For any complaints, the customer may contact Tom & Poolee Deutschland GmbH at the following address: info@tomandpoolee.de
The place of performance for all deliveries and services to be rendered on the basis of these General Terms and Conditions is Bremen (City of Bremen courts).
The exclusive place of jurisdiction is Bremen (City of Bremen courts), provided the customer is a merchant, a legal entity under public or private law, or a special fund under public law, or if the contract concluded between Tom & Poolee Deutschland GmbH and the respective customer is of a cross-border nature.
The law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
Amendments and/or additions to these General Terms and Conditions and/or to any contract concluded with the customer based on these terms must be made in writing to be effective. This also applies to any waiver or modification of the written form requirement itself.
Should any provision of these General Terms and Conditions and/or of the respective contract concluded based on them be or become invalid, the validity of the remaining provisions and/or of the contract as a whole shall not be affected. Instead, the parties shall agree on a provision that reflects as closely as possible the economic intent of the invalid provision in a legally effective manner.
