General Terms and Conditions (GTC)

Terms and conditions within the scope of contracts concluded via the platform https://www.atmohome.com between Timico GmbH, bei SCNE UG (haftungsbeschränkt), Schönhauser Allee 44, 10435 Berlin (Managing Director: Ms. Margaret Trainor, Register Court, Charlottenburg Local Court, Register Number: HRB 204395 B, Sales Tax Identification Number pursuant to §27 a, German Sales Tax Act: DE340105375) - hereinafter "Provider" or "Timico GmbH" - and the users of this platform "Customer".

 

§1 Scope 

(1) The following General Terms and Conditions shall apply exclusively to the business relationship between the Supplier and the Customer in the version valid at the time of the order. 

(2) All agreements concluded between the Customer and the Supplier regarding the delivery of goods shall result in particular from these General Terms and Conditions of Business , our written order confirmation and our declaration of acceptance. Conflicting, deviating or supplementary general terms and conditions of the customer are not recognized. 

(3) Insofar as the female form is used in the provisions of these General Terms and Conditions, this is merely for linguistic simplification. The provisions shall apply equally to male participants. 

 

§2 Conclusion of contract 

(1) The Customer can select products from the Atmo Home series from the Supplier's range on the www.atmohome.com page. By clicking on the button provided for this purpose, products are placed in the shopping cart. 

(2) At any time before placing an order, the customer has the opportunity to check the product selection and the data provided (e.g. delivery address or payment method) and to change them if necessary. By clicking the "Buy now" button, the customer makes a binding offer to purchase the products in the shopping cart. 

(3) The Provider shall confirm receipt of the order to the Customer electronically without delay. The order confirmation does not constitute an acceptance of the offer by the provider, but merely documents the receipt of the order and its content. The contract is concluded only by the acceptance of the provider transmitted by separate e-mail. The ordered goods or the ordered voucher is not intended for resale. Therefore, only orders in household quantities are accepted. 

(4) In the declaration of acceptance or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of order confirmation, order, tracking number of the goods, invoice, link to GTC) will be sent by us to the customer on a durable medium and in printable form. The customer receives separately to the declaration of acceptance another e-mail when the goods are shipped. 

(5) All information provided by the customer in the order process must be current and truthful. The customer password may not be disclosed to third parties and must be kept inaccessible to unauthorized persons. Any loss or disclosure must be reported to the Provider in text form without delay. The customer is liable for misuse, for example when ordering with your customer password by third parties according to the legal provisions.

(6) The contract shall be concluded in the languages: German. 

(7) For consumers the statutory right of withdrawal applies. In this respect, the provider refers the customer to the instruction on the statutory right of withdrawal below, after the end of the GTC.

 

§3 Electronic communication 

(1) The Customer agrees that contract-related communication may be made in electronic form. 

(2) Order processing and contacting usually take place via e-mail and automated order processing. The Customer shall ensure that the e-mail address provided by it for order processing is functional so that the e-mails sent by the Provider can be received under this e-mail address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Provider or by third parties commissioned by the Provider to process the order can be delivered. 

(3) Registration with Timico GmbH via Meta is only permissible if the customer uses her correct first and last name on Meta as well as complete and accurate contact data for the purposes of order processing or communicates this to Timico GmbH in text form immediately after completing the registration.

 

§4 Availability of goods, delivery, prices, payment methods 

(1) The pictorial representations and descriptions used in the web store are non-binding unless they are expressly designated as binding. Minor deviations from the same are harmless for the fulfillment of the contract, unless they are unreasonable. 

(2) If the product designated by the Customer in the order is only temporarily unavailable, the Provider shall also notify the Customer of this without delay. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the supplier is also entitled to withdraw from the contract. In this case, he will immediately refund any payments already made by the customer. The statutory right of withdrawal to which the customer is entitled remains unaffected. 

(3) Delivery times are calculated from the time of debiting the payment owed under the contract and require prior payment of the purchase price. The following delivery restrictions apply: The provider delivers only to customers who can provide a delivery address in Germany within the delivery area shown on the website. 

(4) The customer can make the payment via Klarna, PayPal, Shopify, Amazon Pay, Sofortüberweisung or credit card (American Express, Mastercard, Visa). 

(5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined according to the calendar (next order/debit), the customer is already in default by missing the deadline. 

(6) The Customer shall only be entitled to offset if counterclaims have been legally established, recognized by the Provider or are undisputed.

 

§5 Contract term and termination modalities 

In the case of contractual relationships with a fixed term or concerning a fixed number of agreed deliveries, the contract shall end upon expiry of the term or upon dispatch of the agreed deliveries. A separate notice of termination is not required in these cases. An automatic extension of the contract is excluded.

 

§6 Retention of title

Until full payment of the purchase price, ordered or delivered products remain the property of the supplier.

 

§7 Prices and shipping costs

All prices stated in our online store are inclusive of the applicable sales tax and, if applicable, plus any shipping costs incurred. 

 

§8 Delivery and non-acceptance

(1) The provider regularly ships the goods after receipt of payment from the customer. The delivery time is 2 to 4 business days after successful debit. 

(2) The Provider shall only deliver to Austria, Belgium, France, Germany, the Netherlands and Switzerland, to addresses capable of delivery service within the delivery area specified on the Website. If the purchase contract refers to a voucher, the delivery will be made by e-mail. 

(3) The Supplier shall deliver to the delivery address specified by the Customer when placing the order.

(4) The customer undertakes to ensure that the personal delivery of the goods at the delivery address specified by her is possible at the delivery time specified by her. Should the shipment not be accepted, not be picked up, or be resent to us due to an address error for which the customer is responsible, the customer shall bear the costs of further delivery attempts if these are requested by the customer. 

(5) Operational disruptions - both in the Supplier's business and in that of a subcontractor or service provider - such as e.g. due to strike, lockout as well as all other cases of force majeure shall only entitle the Customer to terminate the contract if the Customer cannot reasonably be expected to wait any longer, otherwise the delivery period shall be extended by the duration of the delay.

 

§9 Liability

(1) Claims of the customer for damages are excluded, unless otherwise provided for in the following paragraphs. Not excluded are claims for damages by the customer arising from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or agents. Cardinal contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract. 

(2) In the event of a breach of material contractual obligations, Timico GmbH shall only be liable for the foreseeable damage typical for the contract if such damage was caused by slight negligence, unless the customer's claims for damages are based on injury to life, body or health.

(3) The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them. (4) The provisions of the Product Liability Act shall remain unaffected. 

 

§10 Warranty for material defects, guarantee

(1) The supplier shall be liable for material defects in accordance with the applicable statutory provisions. (2) An additional warranty exists for the goods delivered by the supplier only if this was expressly given in the order confirmation for the respective item.

 

§11 Notes on data processing

(1) The Provider collects data from the Customer in the course of processing contracts. In doing so, it shall observe in particular the provisions of the Basic Data Protection Regulation, the Federal Data Protection Act and the Telemedia Act. Without the Customer's consent, the Provider shall only collect, process or use the Customer's inventory and usage data to the extent that this is necessary for the processing of the contractual relationship and for the use and billing of telemedia. 

(2) Without the consent of the customer, the provider will not use data of the customer for purposes of advertising, market or opinion research. All further details are regulated in our Privacy Policy, which is permanently available here.

 

§12 Dispute resolution for consumers

(1) The European Commission maintains a platform for online dispute resolution (OS) with further information, which can be accessed on the Internet at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

(2) Notwithstanding the foregoing, the Provider shall not participate in any dispute resolution proceedings before a consumer arbitration body within the meaning of the Consumer Dispute Resolution Act.

 

§13 Final provisions

(1) Contracts between the Provider and the Customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and international private law.

(2) These GTC shall remain binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become ineffective.

 

Status: October 2022

 

Right of withdrawal for consumers

As a consumer, the customer has a right of revocation for contracts concluded outside business premises or for distance contracts.

Instruction on the right of withdrawal 

Right of withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. 

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.

To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or by e-mail). You can send the declaration to the following address:

TIMICO GmbH

bei SCNE UG (haftungsbeschränkt), Schönhauser Allee 44, 10435 Berlin 

Email: ateam@atmohome.com

Tel: +49 (0) 173 7893448 

 

You can use the model withdrawal form available below. However, this is not mandatory and you can of course formulate the revocation yourself. To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period. 

Effect of withdrawal 

If you withdraw from this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. You will not be charged any fees for the repayment. 

We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. 

You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. 

You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods. 

You can download a model withdrawal form here