1. General

1.1 The following terms and conditions (hereinafter referred as to the “Terms”) apply to all orders placed by the customer (hereinafter referred to as “you” or the “Customer”) with TobioShop (hereinafter referred to as “TobioShop”, "us" or  “we” and together with the Customer, each a “Party” collectively the “Parties”), at the TobioShop’s website, mobile website, or mobile application, or via telephone (jointly referred to as “www.tobioshop.de”). 

 

1.2 By using www.tobioshop.de and/or placing an order, you agree to be bound by the terms and conditions set out herein (hereinafter referred as to the “Terms”). Please make sure you have read and understood the Terms before placing your order.  These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.  

1.3 Only persons 18 years or older, who are not under guardianship and, are not acting in a capacity of a company can place an order.   

1.4 The inclusion of any products or services on www.tobioshop.de at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time. 

1.5 We reserve the right to amend these Terms from time to time without prior notice to you. The version of the Terms that will apply to your order will be those on www.tobioshop.de at the time you place your order.  

1.6 TobioShop wants to provide the best possible online experience. You understand and agree not to (i) post, transmit, redistribute, upload, or promote any communications or content that could harm or negatively impact our business, products or services; (ii) act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying the www.tobioshop.de site, or which impacts the security of the site, or (iii) employ any device or attempt to use any engine, software, tool, agent, script or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the site, or to copy content from the site. We reserve the right to immediately bar access to the site to any user who violates this provision or any other provision in these terms and conditions.   

1.7 We reserve the right to change the Terms at any time without notice. The version of the Terms applied to the Customer's order is the one present on www.tobioshop.de at the time the order is placed. 

1.8 Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.  

1.9 You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

2. Prices and delivery charges

2.1 TobioShop offers basic delivery free of charge. For premium delivery methods, the delivery charge shall be calculated at the checkout page prior to the purchase.  

2.2 We reserve the right to charge you delivery fees under certain circumstances based on the purchased items which shall be indicated during the checkout prior to purchasing the item. If we are unable to deliver your order in full and have to make more than one delivery, there will not be an additional charge for any subsequent deliveries.

3. Ordering/conclusion of the contract

3.1 The ordering options available to you are via www.tobioshop.de. Please visit our Customer Service pages for further information. 

3.2 Once you have placed your order, if you have supplied us with your email address, you will receive an email confirmation. If for any reason we are unable to fulfill your order, we will let you know at the earliest opportunity. If we have already received payment for such order, we will attempt to refund the applicable amount using the same method used to make the payment. If, for any reason, alternative arrangements are necessary, a TobioShop representative will contact you to settle the refund.  

3.3 We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms  

3.4 We are not responsible if the information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.  

3.5 Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

4. Products and services

4.1 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.  We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.  We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.  We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

5. 60-day risk-free trial for qualifying items and standard items

5.1 If you have never placed an order in www.tobioshop.de, you are entitled to exercise our 60-day risk-free trial (hereinafter referred to as the “60-day-policy”). As such, you are entitled to test only one item purchased from your first order for up to 60 days. If during that time you are unsatisfied with the product, we shall refund or credit you in full (excluding delivery costs), and you are entitled to keep the item.   

5.2 In order for the Client to exercise the 60-day risk-free trial the following requirements shall be fulfilled:     

• You purchased a qualifying product:

1. Tobio’s Personalisiertes Blumenpressen-Set

• If the refund is solicited for deficient results with the product usage, the customer must take photos of the results. Our team at TobioShop will then give you tips on utilization to improve the results. The customer must document that the guidelines were followed. If the customer does not see any improvements and has followed Tobio Shop’s, the item will be refunded. If the customer fails to provide evidence of following Tobio Shop’s instructions, the refund may not be issued. 
• As such, you are entitled to test only one item purchased from your first order of each qualifying product for up to 60 days.

5.3 You can get a refund for one qualifying product. If you purchase a bundle pack, you may only claim a refund for one opened and used qualifying product under the 60-day risk-free trial (the rest of the bundle is not covered by the 60-day trial, however, you may be entitled to return them using the other return options listed in section "2. Exchanges & returns" of the refund policy)    It has been less than 60 days since you received the product.    You will pay for the return of the item should we request the item to be returned.  

5.4 To claim your 60 Day Risk-Free Trial, please use our 60-day policy. To claim your 60 Day Risk-Free Trial, please contact our customer service and ask for the 60-day policy. If you do not ask for the policy, customer service may not be able to grant you the policy. 

5.5 If you wish to purchase items that do not fall under the 60-day-risk-free trial policy in accordance with section 5.1, all items shall be subject to the provisions set forth in sections 6, 7, and 8 of the Terms & Conditions.

6. Delivery

6.1 TobioShop exercises the utmost diligence in accepting and processing orders and will endeavor to deliver your order to the countries listed on the checkout page.   

6.2 TobioShop endeavors to dispatch all orders in the fastest possible time (usually within 3-5 business days) and in the order in which they are placed. We aim to deliver within 8 to 12 business days following shipping confirmation of an order unless otherwise agreed, such as when the customer may request premium shipping. Some items shall be only available as pre-orders.  If you choose to purchase pre-order products, such pre-order products are stated as pre-order as they show the expected shipping date (not delivery date) and we aim to fulfill pre-order items within 4 business days following confirmation of the announcement of the pre-order items unless otherwise agreed. Though we aim to deliver within the communicated time frame, the delivery may take longer due to unexpected events. In the unlikely event, the delivery time exceeds 30 business days, you may cancel your order.  

6.3 Should you provide us with an incomplete or wrong address, our Customer Service shall engage with you in order to fix the address details and complete the delivery.  

6.4 Before you place your order, you will be informed of the expected delivery details. Once you have placed your order, if you have supplied us with your email address, you will receive an email confirmation with your expected delivery details.  

6.5 If your order does not arrive by the scheduled date, please contact Customer Service. 

6.6 We start processing your order quickly which means that after 6 hours from the purchase, we cannot make any changes once it is confirmed, including changing the delivery address, product customization or delivery option. As such, you can only cancel and/or edit your order within 6 hours of the purchase. However, you may be able to update some details or redirect your parcel to the courier directly. If you do need to cancel your order, you must contact Customer Service by email. Notwithstanding the foregoing, if we have already processed the order, you may not cancel your order as processing has begun and you are entitled to seek a refund and/or a replacement under section 7 and section 8, if applicable.

7. Withdrawal of Order

7.1 You may seek a refund or replace defective item from the date you place you receive the order until 60 days after receipt of the ordered items. If you have been charged for the items, you will receive a refund which will include the full price of the item. 

7.2 If you wish to cancel your order, please provide us with notice in writing by email by contacting our Customer Service as set out in section 8 (Refunds) below within the 60-day period set forth in section 7.1 above. 

7.3 If the item you have received is defective, please notify TobioShop promptly by providing us with pictures and/or videos of such defects and TobioShop will, for any products deemed defective, provide a full refund or send you a new item based on the requirements you indicate to our Customer Service in accordance with section 8 (Refunds) below. The provisions set forth herein do not limit any applicable statutory rights. We reserve the right to assess whether the item you want to return has been either already used by you or has presented production and/or manufacturing issues. Production and/or manufacturing issues shall entitle you to a full refund whereas used items shall not be refunded or changed.

8. Refunds

8.1 TobioShop guarantees a full refund of the items and/or replace the faulty item in accordance with section 7 (Withdrawal of Order), provided that all items are products deemed defective. In such regard, in order to get a full refund, you must provide us with proof of such defects by sending an email to our email address info@tobioshop.com

8.2 Please note that incorrect orders without proof (e.g. wrong or missing items), cannot be refunded, replaced or handled by TobioShop and will not be refunded.   

8.3 The right of withdrawal and refund does not apply to goods which are liable to deteriorate or expire rapidly, for example, perishable products such as fresh cut flowers and plants.   

8.4 In the event of refunds regarding bundles of purchased items, if you wish to return the bundle including several items, you agree to return each item comprising the bundle as a whole and not just one item which is part of the purchased bundle.  

8.5 Premium Shipping fees are not refunded. 

8.7 Items received for free or marked as finale sale can't be returned or exchanged.

9. Payment methods

9.1 TobioShop reserves the right to check the validity of the credit or debit card, its credit status in relation to the order value and whether the address data of the purchaser is correct. We may refuse orders depending on the result of these checks.  When paying by PayPal, TobioShop reserves the right to check the validity of the PayPal account, that there are enough funds to cover the purchase sum and validate the billing address details of the purchaser. The applicable amount will immediately be reserved on your PayPal account and debited. TobioShop reserves the right to deny any purchase.  

9.2 Our Pay later services are provided by Klarna.  

9.3 As soon as your order has been dispatched in the warehouse, you will receive information from TobioShop on how and when to complete your payment. If you did not receive any information, please contact Customer Service. 

9.4 For further information or questions regarding your payment please contact our customer service.  

9.5 We reserve the right to make new payment methods available and or change the aforesaid payment methods as the case may be.  

9.6 You will receive the legally required invoice document in the Shipping Confirmation e-mail.

10. Our Liability

10.1 All reasonable efforts are made to ensure that information in www.TobioShop.de is accurate, complete, and current. Despite our best efforts, information may occasionally be inaccurate, incomplete or out of date. We are not bound by any such information if you realised or should have realised that the information was inaccurate, incomplete or out of date.  

10.2 We do our best to accurately display and describe the attributes of our products in www.tobioshop.de regarding measurements, composition and colours. However, the colour or previews you may see depends on your device. Our measurements are only approximate values to better estimate the model or fit of that specific item. It is not a guarantee of the actual measurements of the item you receive since the final measurements may vary depending on the material used in its production. If you are not satisfied with the item you ordered, you may return the item. Please see section 8 (Refunds).  

10.3 In case of an event beyond our control occurs, and which we are not able to reasonably overcome or anticipate, we will no longer have an obligation to fulfil our contract with you. Such an event might include government action or omission, new legislation, labour law conflict, war or danger of war, major disturbance of public order, sabotage, extreme weather conditions, fire, explosion, pandemic, epidemic, virus, and natural disasters. If any of these events occur, we are not obliged to compensate you for any damages. Please note that you as a consumer always have the right to cancel your purchase under any such circumstances.  

10.4 Our maximum liability to you for any loss or damage arising in connection with your order via www.tobioshop.de shall be limited to the total price of your order. TobioShop is not responsible for indirect losses which are a side effect of the main loss or damage, for example loss of profits or loss of opportunity; or for failure to deliver the goods or to meet any of our other obligations under these Terms where such failure is due to an event that is beyond our reasonable control, which includes but is not limited to fire, flood, storm, riot, civil disturbance, war, nuclear accident and terrorist activity. Nothing in these Terms shall exclude or limit TobioShop's liability with regard to any matter for which it would be unlawful for us to limit or exclude our liability. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation. TobioShop shall be responsible only for losses that may be considered a reasonable and foreseeable consequence of the Terms.  

10.5  Customers within the EU may file complaints to the EU's online dispute resolution platform, the so-called "ODR platform". The ODR platform offers consumers and traders within the EU the possibility of reaching an out-of-court settlement for complaints arising from online purchases. This single entry point is designed to be a user-friendly and interactive website, available in all EU official languages and free of charge. Using the ODR platform, the consumer and the trader can find a dispute resolution body and then go through the process of finding a solution to the consumer's complaint. The ODR platform is available here: http://ec.europa.eu/odr.

11. Colors, previews and measurements

11.1 We make all reasonable efforts to accurately display the attributes of our products, including composition, previews and colors. The color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.  

11.2 An item’s measurements given on www.tobioshop.de are only approximate values to give you a better understanding of the model or fit of that specific item, and not a definite guarantee of the actual measurements of the item you receive. The final measurements of an item may vary depending on the material used in its production.

12. Guarantee

12.1 If there are defects in the goods you have purchased, TobioShop abides by all statutory guaranteed regulations. If you have a complaint regarding obvious material or manufacturing faults in goods that we have supplied, including damage incurred in transit, please let us know and we will endeavor to give you a full refund or a new item.   

12.2 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall TobioShop, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law

13. Third-party links

13.1 Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

14. User comments, feedback, and other submissions

14.1 If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.  You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or another personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

15. Personal Information

15.1 Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

16. Errors, inaccuracies, and omissions

16.1 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).  

16.2 We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

17. Prohibited Uses

17.1 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

18. Indemnification

18.1 You agree to indemnify, defend and hold harmless TobioShop and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

19. Severability

19.1 In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

20. Termination

20.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.  These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

20.2 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

21. Assignment

21.1 TobioShop reserves the right to assign or pledge to third parties any claim(s) for payment including any payment installments which have arisen in connection with the delivery of goods.

22. Severance

22.1 If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other Terms shall continue to apply.

23. Ownership of rights

23.1 All intellectual property rights, such as trademarks and copyrights at www.tobioshop.de remain with TobioShop, Gonzalo Fernández Martín and its subsidiaries or licensors. Any use of its contents, including copying or storing such content in whole or part, other than for your own personal, non-commercial use, is prohibited without the permission of TobioShop.

24. Notice

24.1 All notices, requests, demands, or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to us at the following address: info@tobioshop.de