Tumi’s Terms and Conditions
1. Sphere of application
This website under the URL https://nl.tumi.com/ and the affiliated services (e.g. service, app) (together „Website“) is operated by Frucon² NV & TUMI D2C GmbH Hans-Böckler-Str. 6 59423 Unna („Tumi“ or „we“). These terms and conditions (“T&Cs”) shall apply for all orders made and services offered via our Website.
2. Close of Agreement
- The Tumi Website only includes a shop window. By presenting our products on our Website we only would like to invite you to make an offer (order). You will make an offer for enter into an agreement to buy a product by clicking on the button “Pay now” at the end of the order process. Tumi will then confirm the receipt of your order by email. This email does not constitute an acceptance of your offer.
- The sale agreement will not be entered into until we confirm your order by email or send the goods to you within 14 days after receipt of your order.
- Four steps are required to make an order on our Website: (1) you choose the product you would like to buy (2) you will need to fill in your customer data including your address for sending the invoice and if need be a different delivery address. If you have already subscribed for our service, your data will pop-up if you logged into your account. (3) you decide how you would like to pay. (4) you may check all data (e.g. name, address, payment method, order products) and to change those before you send your order to us by clicking on “Pay now”. If there is any incorrect or there is any missing information our Website will highlight this for you.
- Our Website is designed for customers over the age of 18. Children aged 14 to 18 years old can provide the data and make orders with the prior agreement of their legal guardians. Children aged under 14 shall not use this Website.
3. DELIVERY RESTRICTIONS - COUNTRY OF DELIVERY
- Care of PO Box addresses and military APO addresses are not accepted.
- We deliver from Monday till Friday, except for bank holidays.
- Through our site nl.tumi.com the products are delivered in the Netherlands.
4. Right of withdrawal for consumers and Tumis’ free returns policy
If you are a consumer within the meaning of the the German Civil Code, the law allows you to withdraw from the agreement to purchase goods within 14 days from the date of your order. Further information in that respect can be accessed here. Please also note our free returns policy to take back products within 30 days. More information can be accessed via the link “Returns” on our Website.
5. Subscribing for the Website
- On our Website, you may set up a customer account or make your order as a guest. As a guest, your order data will be blocked after completing your order and only be used for clarifying warranty claims or used for other legal purposes.
Setting up a customer account on our Website is free of charge. To subscribe you will need to provide us with your title,
your first and family name, an email address as well as a password. Once you have an account you can
access the following areas:
Here you can store your personal data (name, address) as well as data about your payment method and credit or debit cards as well as store delivery addresses. By clicking the link “Newsletter settings” you can personalise your newsletter.
Bought and stored articles
In this area, your orders will be stored for one year. Further, you can store your 'wish list' for products that you are interested in but did not buy yetso you can find them easily next time you visit.
If you register with the Tumi Tracer Program®, your registered products will be stored here. With the program Tumi Tracer®, you may register any products purchased by you. You only need to provide us with the 20-digit register code of the product and you need to have an account on our Web Site. Once you have registered, if your product is lost we may be able to identify you as buyer and return the product to you by using the 20-digit registration code.
If you instruct us to repair one of your products your product will be listed in this area and you will be kept posted on the current status of your order.
Here you may design your personal monogram which will then be attached by us to the products you ordered.
Here we show you some current offers of our Website which may be of interest for you. Tumi reserves the right to change or terminate any or all areas available via your customer account.
- My profile
- Please update your data in your account if information changes. Please note that changing a delivery address within your customer account after placing an order will not be taken into account by Tumi. If you wish to change your delivery address after you have placed an order please contact us by phone as soon as possible. We cannot guarantee that we will be able to change the delivery address.
- You can terminate your account with Tumi at any time. Tumi may terminate your account for any reason with 4 weeks prior notice. The right of each party to terminate the agreement for cause shall remain unaffected.
6. Products, Content and Specifications
- All features, content, specifications, products and prices of products and services described or depicted on this Website, except those of your sent order, are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and minor changes are possible. Tumi makes all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, national and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website.
- We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or age of any information on this Website. In addition, we may make order changes in information about price and availability without notice except during an on-going order.
- The design of this Website and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Website are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The software, other technology components and contents of this Website are © 2016 of Tumi Europe Ecommerce GmbH and its respective affiliates and suppliers. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from this Website in any way or reproduce or public display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations or third party rights.
7. Gift card policy
Purchase of gift cards
- TUMI eGift Cards are available in 18 European online TUMI shops. The eGift Cards may only be redeemed online via the online TUMI shop from where the eGift Card was purchased.
- eGift Cards are available in different designs and you can include a personal message to be sent with the eGift Card. TUMI does not assume any responsibility for the content of your personal message, although TUMI reserves the right to refuse to include your personal message on the eGift Card, if the message is considered inappropriate.
- eGift Cards are available in all denominations, with a minimum of £ 50 and a maximum of £ 1,000, via the following websites: at.tumi.com, be.tumi.com, ch.tumi.com, cz.tumi.com, de.tumi.com, dk.tumi.com, ee.tumi.com, es.tumi.com, fi.tumi.com, fr.tumi.com, hu.tumi.com, ie.tumi.com, it.tumi.com, lu.tumi.com, nl.tumi.com, pl.tumi.com, se.tumi.com, uk.tumi.com
- The eGift Cards are sent to you for free via email. Even if an eGift Card is part of an order that includes other TUMI products, the Gift Card will be sent to you separately by email.
Validity of gift cards
- The eGift Card is only valid on the website where it was purchased for a period of 12 months following the purchase of the eGift Card. If the eGift Card expires, any unused balance will be lost. This cannot be redeemable in cash or as credit.
- The eGift Card may not be exchanged or returned for cash or credit. Resale of the TUMI eGift Card to third parties is prohibited.
- This eGift Card Policy as well as the General Terms and Conditions of Sale and Use as referred to above in Article 2.3 are subject to change.
Use of your egift card
- An eGift Card may not be used to purchase another eGift Card.
- The value of an eGift Card may not be changed or exchanged. An eGift Card may only be used for purchases on the TUMI website where the eGift Card was purchased.
- When purchasing an eGift Card, the card value may not be taken into account for obtaining discounts offered on products, shipping, and/or free gifts based on a fixed purchase amount.
- Only one eGift Card may be redeemed per order. To use the eGift Card, you must add your TUMI product(s) to your shopping cart. You may enter your eGift Card code:
How do I use my gift certificate?
If you’re lucky enough to have a gift certificate for our online store, you can get a pre-specified amount off when you buy products online.
There are 2 ways of redeeming your gift certificate:
Through your shopping cart
- Pick a product from our online store.
- Go to your shopping cart by clicking CART at the top right of the screen.
- Select your preferred shipping method.
- Below the shipping method fields you will find the text “Enter promo code”. Click on this.
A small box will appear where you can fill in your code. After adding your code, click “Apply”. Your gift certificate will have been applied.
N.B. You will not be able to check the balance of your gift certificate using the above method. Please use the second method of redeeming your gift certificate as described below.
Through the checkout page
If you would like to check the balance of your gift certificate, please follow these steps:
- Pick a product from our online store.
- Go to your shopping cart by clicking CART at the top right of the screen.
- Select your preferred shipping method and click the “checkout” button at the bottom right.
- Once you are on the checkout page, scroll below the Shipping and Billing Address sections. Here you will find the following text “Do you have a gift certificate?” Select “yes”.
A small box will appear where you can fill in your code. After adding your code, click “Apply”. To check the balance of your gift certificate click the “check balance” link below the certificate box.
- Your payment will only be processed after you have verified your details, accepted the terms and conditions, and clicked the ‘Place order’ button.
- The total order (i.e. the price of the products, any applicable sales tax, and shipping costs) will be deducted from the balance on the eGift Card. The balance on the eGift Card will be updated once your order has been processed.
- If the value of the purchased products is less than the total value of the eGift Card, any unused balance will remain on the eGift Card for future orders for which the same eGift Card data will be used. If the value of your order exceeds the total value of the eGift Card, you will be asked to pay the difference via another payment method.
- TUMI reserves the right to refuse, cancel, or hold orders paid for with an eGift Card in case of suspected fraud, mistakenly issued e-Gift Cards, or other violations of this eGift Card Policy.
Return of products paid for with an egift card
- If you return a TUMI product (within the period indicated in the online shop policy) that was paid for with an eGift Card, you will receive a new eGift Card with the same period of validity as that of the eGift Card used earlier and a balance equal to the purchase amount. The eGift Card used for the purchase will expire.
egift card balance
- You may check the balance on your eGift Card at any time here. The balance on the eGift Card can be verified using a valid Gift Card number.
- We would like to point out that it is currently not possible to recharge the eGift Cards.
- If you want more information about the eGift Card, please send an email to firstname.lastname@example.org
Lost or stolen gift cards
- TUMI is not responsible for the loss, theft, destruction, or unauthorised use of eGift Cards. The holder of the eGift Card shall not receive any compensation for the above.
8. Links and content
- Creating or maintaining any link from another website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Website must comply will all applicable laws, rule and regulations.
- From time to time, this Website may contain links to websites that are not owned, operated or controlled by Tumi, or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website.
- You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
9. Delivery Times
The relevant delivery time for our articles is listed on the specific Website for this article. If the article is not in stock or we are not able to deliver it we will inform you before accepting your order.
10. Warranty/additional contractual guarantee
- The legal provisions on warranty as provided for by German law shall apply. Any damages based on normal wear and tear, misuse or wrong or missing care are excluded. If you are a businessman the period of warranty is limited to one year. Place of execution shall be the businessmen’s residence.
- Please also be ware of our contractual guarantee by accessing the information in that respect under the link “guarantee” on our Website.
11. Secret lien
Any articles remain within Tumi’s property until they are paid in full.
12. Limitation on liability
- Tumi shall be liable for intent or gross negligence in line with applicable law. In the event of slight negligence we shall only be liable if we are in breach of a material duty under this agreement. Material duties under this agreement shall cover any duties which need to be rendered to the other party pursuant to the agreement’s aim or which enable the proper performance of this agreement and where the other party may trust in the compliance of such obligations.
- In case of slight negligence, the liability of Tumi is limited to foreseen and typical damages when entering into this agreement.
- A strict liability as foreseen by law – including but not limited to the liability pursuant to the German Act on Product Liability as well as the liability for guarantee – and the liability in case a person’s life, health or body is affected shall remain unaffected by the provisions above.
- This limitation of liability shall also apply to Tumi’s staff, legal representatives and assistants. They further cover all legal claims (including but not limited to tort) and contractual claims resulting from the use of this website and from this agreement.
All listed prices include applicable VAT.
14. Payment conditions
Payment of ordered products can be made by credit card or PayPal. We reserve the right to exclude payment methods in each individual case. Your credit card will be debited with completing your order.
15. Dispute Resolution
In general, TUMI is under no obligation and not willing to participate in a dispute resolution proceeding before on arbitration board. However, TUMI will use its best efforts to solve any issues with the customer via its customer service to avoid legal measures.
16. Data Privacy
Here you can access important information on data privacy.
17. Final provisions
- Within the European Union the law of your residence shall apply. The UN Convention on the sale of goods shall be excluded.
- If you are a business man or a legal entity under public law or you do not have a permanent residence within the European Union, Unna, Germany, shall be place of venue.
- Your order data and the applicable terms and conditions will be stored by Tumi. Your order data and the T&Cs are available to do to you via our confirmation email, your order data can also be accessed by your customer account.
- This Website has been designed in German language. By the language link on the top of the Website you can switch to other European languages (currently English, French, Italian and Spanish). However, please note that the content of the Website may differ depending on the Website you choose. You are also free to access one of our Websites designed for other countries.
- Our customer service can be reached by phone from Monday to Friday from 10:00 to 17:00 p.m. under the phone number: +31 (0) 800 394 9068 or by email under email@example.com.