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Terms & Conditions

General Terms and Conditions 

§ 1 Scope of Application and Definitions
 
(1) These General Terms and Conditions (hereinafter “GTC”) apply exclusively in the version valid at the time of the order to the business relationship between Cool Stuff Trading GmbH, Erdmannstraße 12, 10827 Berlin, Germany (hereinafter “we” or “provider”) as the seller of the products offered on www.tomrockets.com and the customer (hereinafter “customer” or “buyer”). Deviating terms and conditions of the buyer shall not apply unless we expressly agree to them in writing. 

(2) The customer is a consumer insofar as the purpose of the ordered goods and services cannot be predominantly attributed to the customer’s commercial or self-employed professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a contract, is acting in the exercise of their commercial or self-employed professional activity. 

§ 2 Conclusion of Contract
(1) To place an order in our online shop, the customer must be fully legally competent and at least 18 years old. 

(2) The customer can select products from our range and collect them in a virtual shopping cart using the “Add to cart” button. By clicking the “Order with obligation to pay” button, the customer submits a binding offer to purchase the goods in the shopping cart. Prior to submitting the order, the customer can view and change the information at any time. A contract offer can only be submitted if the customer has been informed about the validity of these GTC prior to placing the order, had a reasonable opportunity to review them, and confirmed their inclusion in the contract by clicking the “Order with obligation to pay” button. 

(3) After submitting the order, the customer will receive an automated email with the subject line “We have received your order.” This email merely confirms receipt of the order and does not constitute acceptance of the contract. 

The contract is only concluded once we expressly confirm the order or ship the ordered goods. 

The complete contract text (consisting of the order, these GTC, the cancellation policy and, where applicable, the order confirmation) will be made available to the customer at the latest upon delivery of the goods, on a durable medium (e.g., via email). The contract text is not stored in an accessible form beyond that. All data will be stored in compliance with data protection regulations. 

(4) The language of contract is German.

§ 3 Delivery and Product Availability
(1) Delivery times stated by us begin from the date of the order confirmation, provided that the purchase price has been paid in advance. 

(2) If no copies of the selected product are available at the time of the customer’s order, the provider shall inform the customer without delay in the order confirmation. If the product is permanently unavailable, the provider will not accept the offer. In this case, no contract is concluded. 

(3) If the selected product is temporarily unavailable, the provider shall also inform the customer without delay in the order confirmation. 

(4) We reserve the right to make partial deliveries, provided they are reasonable for the customer. Shipping and packaging fees will only be charged once per order. 

(5) Delivery is limited to customers with a habitual residence (billing address) in one of the countries listed at https://tomrockets.com/en/shipping-delivery, and who can provide a delivery address in the same country. 

(6) If the customer provides a Packstation address, the shipment will automatically be handled by Deutsche Post (DHL). 

(7) Delivery will be made in secure, neutral packaging with discreet sender information. 

§ 4 Retention of Title 
The goods remain the property of the provider until full payment has been received.

§ 5 Prices and Shipping Costs 
(1) All prices listed on our website include applicable statutory VAT.

(2) Shipping costs are indicated in the order form and must be borne by the customer unless the customer exercises their right of withdrawal. 

(3) Goods are shipped via postal delivery. The provider bears the shipping risk if the customer is a consumer. 

(4) In case of withdrawal, the customer shall bear the direct costs of returning the goods.

§ 6 Payment Terms
(1) Customers can pay by credit card (VISA, Mastercard, American Express), Sofortüberweisung (instant bank transfer), PayPal, cash on delivery, or advance payment (shipping after payment is received). 

(2) The purchase price is due immediately upon conclusion of the contract. If the payment due date is determined by calendar, the customer is already in default upon missing the deadline. In this case, the customer owes default interest at 5 percentage points above the base rate. 

(3) The obligation to pay default interest does not exclude the assertion of further damages caused by delay.

§ 7 Warranty and Guarantee
 
(1) We are liable for material defects in accordance with statutory provisions, particularly §§ 434 et seq. BGB. For customers who are entrepreneurs, the warranty period for goods delivered by us is 12 months. 

(2) Additional guarantees are only valid if explicitly stated in the order confirmation for the specific product. 

(3) As a consumer, you are requested to check the goods upon delivery for completeness, obvious defects, and transport damage, and to report any complaints to us and the carrier as soon as possible. Please note that failure to comply with this request does not affect your statutory warranty rights. 

(4) Used sex toys, cock rings, underwear, lubricants, and condoms are excluded from return for hygienic reasons if they are not defective.

§ 8 Liability
(1) Claims for damages by the customer are excluded. This does not apply to claims based on injury to life, body, health, or violation of essential contractual obligations (cardinal obligations), or liability for other damages resulting from willful or grossly negligent breaches by the provider or its legal representatives or vicarious agents. Cardinal obligations are those whose fulfillment is essential for achieving the purpose of the contract. 

(2) In the event of a breach of cardinal obligations, the provider is only liable for typical, foreseeable damages, unless the damage results from injury to life, body, or health. 

(3) The above limitations also apply in favor of the provider’s legal representatives and vicarious agents if claims are asserted directly against them. 

(4) The above limitations of liability do not apply if the provider has fraudulently concealed a defect or assumed a guarantee for the quality of the item. The same applies if the provider and customer have agreed on specific characteristics. The provisions of the Product Liability Act remain unaffected.

§ 9 Right of Withdrawal for Consumers 
(1) Consumers have a statutory right of withdrawal when concluding a distance sales contract. The details, exceptions, and model form are provided in the legally required format in the following section.

Cancellation Policy 
Right of Withdrawal for Consumers 
You have the right to withdraw from this contract within 14 days without stating any reason. 

To exercise your right of withdrawal, you must inform us (Cool Stuff Trading GmbH, Erdmannstr. 12, 10827 Berlin, Germany, Tel: +49 1525 2990341, Email: service@tomrockets.com) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email). You may use the attached model withdrawal form, but this is not mandatory. 

To meet the withdrawal deadline, it is sufficient that you send your communication concerning the exercise of your right of withdrawal before the withdrawal period has expired. 

Consequences of Withdrawal 
If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (except for any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery we offer), without undue delay and no later than 14 days from the day on which we received notice of your withdrawal. We will use the same payment method you used for the original transaction unless otherwise expressly agreed with you. Under no circumstances will you be charged any fees for this reimbursement. 

We may withhold the reimbursement until we have received the returned goods or you have provided proof that you have returned the goods, whichever occurs first. 

You must return or hand over the goods to us promptly and in any event no later than 14 days from the day you informed us of your withdrawal. The deadline is met if you send back the goods before the 14-day period expires. 

You shall bear the direct costs of returning the goods. 

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.  

(2) The right of withdrawal does not apply to contracts: 

•    for the supply of goods made to the consumer’s specifications or clearly personalized; 
•    for the supply of goods that may deteriorate rapidly or whose expiration date would be quickly exceeded;
•    for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
•    for the supply of goods which are, after delivery, inseparably mixed with other items; 
•    for the supply of sealed audio or video recordings or computer software if unsealed after delivery; 
•    for the supply of newspapers, periodicals or magazines with the exception of subscription contracts.  

(3) The model withdrawal form is available in the original document. 

Model Withdrawal Form 
(If you wish to withdraw from the contract, please complete this form and return it to us.) 
  
— To: Cool Stuff Trading GmbH, Erdmannstr. 12, 10827 Berlin, Germany 

Email: service@tomrockets.com 

 
— I/we (*) hereby withdraw from the contract concluded by me/us (*) concerning the purchase of the following goods (*) / the provision of the following service (*) 
— Ordered on (*) / received on (*) 
— Name of consumer(s) 
— Address of consumer(s) 
— Signature of consumer(s) (only if this form is submitted on paper) 
— Date 

(*) Delete as appropriate 

§ 10 Data Protection
 
We handle your personal data entrusted to us with the utmost care and in strict compliance with applicable data protection laws. 

Data collected 
When you place an order, we collect your email address, name, billing and delivery address, and your preferred payment method. This information is required for order processing and is stored securely. We do not share your data with third parties. 

Cookies 
Cookies are files stored on your device. We use cookies to process your orders. If your browser settings block cookies, this may affect the functionality of our website. 

SSL Encryption 
To ensure maximum security, we use the latest encryption technology (SSL – Secure Socket Layer). Your personal data is encrypted on your own computer before being transmitted to us and forwarded securely to your bank or credit card provider. 

More information can be found in our privacy policy  
https://tomrockets.com/en/data-protection-policy 

§ 11 Dispute Resolution Notice
We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.

§ 12 Final Provisions 
(1) The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. Statutory provisions restricting the choice of law and the applicability of mandatory consumer protection laws of the country in which the consumer resides remain unaffected. 

(2) If the customer is a merchant, a legal entity under public law, or a public-law special fund, the place of jurisdiction for all disputes arising from the contractual relationship is the provider’s registered office. 

(3) If any provision of this contract is or becomes invalid, the remaining provisions shall remain unaffected. The invalid provision shall be replaced with the applicable legal regulation. If such a replacement would constitute unreasonable hardship for either party, the entire contract shall be deemed invalid.

London, England © 2025 All rights reserved - Tom Rocket Ltd. 

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