your terms and conditions
1. Scope
These general business relationships regulate the contractual relationships between us,
Monika Sommer
Schlehdornweg 5
41747 Viersen
Germany
Tel.: +49 1721 709 719
E-Mail: monika@tourtooman.com
and you as a customer of our shop.
If you want to include your own general terms and conditions in the contract that contradict our general terms and conditions, we do not agree to their validity.
2. Definitions
(1) A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed (§ 13 BGB).
(2) Entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity (§ 14 BGB).
(3) A merchant within the meaning of these General Terms and Conditions is either someone who runs a trade (§ 1 HGB) or someone who has his company’s name entered in the commercial register (§ 2 HGB).
3. Conclusion of contract
The presentation of the goods in our shop represents a binding offer to conclude a contract. To accept the offer, place the relevant goods in the digital shopping cart, go through the specified individual steps of the ordering process and close it by pressing the button: “Order with obligation to pay”. away.
4. Storage of the contract text and contract language
(1) The contract text will be saved by us after the conclusion of the contract. In addition, it is stored in your member account and can be accessed there at any time via the user menu.
(2) Contract language is German.
5. Liability
(1) We have unlimited liability for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence, we are liable for damage resulting from injury to life, limb and health of persons.
(2) The following limited liability also applies: In the case of slight negligence, we are only liable in the event of a breach of an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you can regularly rely. The amount of liability for slight negligence is limited to the damage that was foreseeable at the time the contract was concluded and the occurrence of which must typically be expected. This limitation of liability also applies to our vicarious agents.
6. Final Provisions
(1) The place of jurisdiction is our place of business if you are a merchant, a legal entity under public law or a special fund under public law.
(2) If you are an entrepreneur, German law applies exclusively to contracts between you and us, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”).
(3) The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute settlement procedure before a consumer arbitration board.
5. WHO HAS ACCESS TO YOUR DATA
If you are not a registered client for our site, there is no personal information we can retain or view regarding yourself. If you are a client with a registered account, your personal information can be accessed by:- Our system administrators.
- Our supporters when they (in order to provide support) need to get the information about the client accounts and access.
8. SECURITY MEASURES
9. YOUR DATA RIGHTS
GENERAL RIGHTS
If you have a registered account on this website or have left comments, you can request an exported file of the personal data we retain, including any additional data you have provided to us. You can also request that we erase any of the personal data we have stored. This does not include any data we are obliged to keep for administrative, legal, or security purposes. In short, we cannot erase data that is vital to you being an active customer (i.e. basic account information like an email address). If you wish that all of your data is erased, we will no longer be able to offer any support or other product-related services to you.GDPR RIGHTS
Your privacy is critically important to us. Going forward with the GDPR we aim to support the GDPR standard. ThemeREX permits residents of the European Union to use its Service. Therefore, it is the intent of ThemeREX to comply with the European General Data Protection Regulation. For more details please see here: EU GDPR Information Portal.10. THIRD PARTY WEBSITES
ThemeREX may post links to third party websites on this website. These third party websites are not screened for privacy or security compliance by ThemeREX, and you release us from any liability for the conduct of these third party websites.
All social media sharing links, either displayed as text links or social media icons do not connect you to any of the associated third parties, unless you explicitly click on them.
Please be aware that this Privacy Policy, and any other policies in place, in addition to any amendments, does not create rights enforceable by third parties or require disclosure of any personal information relating to members of the Service or Site. ThemeREX bears no responsibility for the information collected or used by any advertiser or third party website. Please review the privacy policy and terms of service for each site you visit through third party links.
11. RELEASE OF YOUR DATA FOR LEGAL PURPOSES
At times it may become necessary or desirable to ThemeREX, for legal purposes, to release your information in response to a request from a government agency or a private litigant. You agree that we may disclose your information to a third party where we believe, in good faith, that it is desirable to do so for the purposes of a civil action, criminal investigation, or other legal matter. In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you, and release your information to, third parties where we believe that it is prudent to do so for legal reasons, such as our belief that you have engaged in fraudulent activities. You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants.
Any passing on of personal data for legal purposes will only be done in compliance with laws of the country you reside in.