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Unser Sortiment |
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Sample pant voting galerie |
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Certification |
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Fair Ecom
SSL Verschlüsselung |
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Customer status |
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Affiliates |
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Visitors Online |
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Actual are 9 Guests and
1 Member online. |
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Terms and conditions |
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Terms and Conditions (English) |
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1.
Scope |
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1.1 These terms and
conditions of Raab & Schlegel GbR, owner: Michael Raab and Thomas
Schlegel (Seller), shall apply to all sales, supplies and services of the
seller, that the customer buys from the seller on the online store
www.comycom.de. Hereby, customer’s own terms are not included and applicable,
unless something else is agreed.
1.2 Customers, within the meaning of paragraph 1.1, are both consumers
and entrepreneurs, whereas a consumer is any natural person, who closes a legal
transaction for a purpose, which does not refer to his / her commercial or
self-employed professional activity. An entrepreneur, by contrast, is any
natural or legal person or a legally responsible business partnership, who acts
at the close of a legal business in exercise of its independent professional or
commercial activity. | |
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2.
Conclusion of contract |
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2.1 The product depictions
in the online shop of the seller answer the purpose to submit a legally binding
bid by the customer.
2.2 The customer can submit the bid in written form via fax, via e-Mail
or via the online order form which is integrated in the online-shop of the
seller. When buying via the online order form, the customer submits a legally
binding bid for the products within the shopping cart after entering his
personal data and by clicking the button “complete order” during the final step
of the order process. Before submitting a binding order all entries can always
be corrected through the ordinary keyboard and mouse functions. Furthermore,
all entries are displayed in a confirmation window and can be corrected through
the ordinary keyboard and mouse functions before submitting a binding order.
2.3 The seller will confirm immediately the receipt of the bid of the
customer through an electronic channel (fax or e-Mail). The purchase contract
is only achieved through a written order confirmation of the seller, but at the
latest through the unconditional acceptance of the products by the customer.
The seller is entitled to accept the bid of the customer within five days after
the receipt at the seller. An acceptance exists also if the seller delivers the
ordered products within this period of time. The seller is entitled to reject
the acceptance of the order, for example after checking the solvency of the
customer.
2.4 If the order is made electronically, the seller saves the text of
the contract (consisting of order data and the conditions) and sends it to the
customer after conclusion of contract via e-Mail.
2.5 The purchase processing and contact support take place via e-Mail
and automated purchase processing. The customer has to make sure that the
stated e-Mail address is correct so that e-Mails of the seller can be received
at this address. In particular, the customer has to make sure, when SPAM
filters are used, that all e-Mails of the seller or his purchase processing
service provider can be received. | |
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3.
Postal charges for returned goods in compliance with the right of withdrawal |
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If the customer has the right of
withdrawal according to § 312d Abs. 1 Satz 1 BGB (German Civil Code) he has to
bear the postal charges for the returned goods if the total amount of the
returned goods is less than 40 Euro or in case that the total amount is higher
and the customer has not reciprocated or has not made a part payment at the
moment of withdrawal unless the delivered goods do not correspond to the
ordered goods. In all other cases the seller bears the postal charges for the
return. | |
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4.
Prices and payment terms | |
4.1 The indicated prices of the seller
are quoted as retail prices. This means that they include all price components,
including value-added tax, which is in turn shown separately. Price components
also include packaging and shipping costs, which can be found at the respective
product depictions (through a link below the selling price or directly in the
category Information – shipping costs). If the customer puts an article in the
basket, the shipping cost estimate is displayed directly below it. This is
shown separately. Other price components may arise in a given case in
cross-border deliveries, such as further taxes (in the case of intra-community
acquisition) and / or charges, such as in form of customs duties (customs
duties and perhaps import costs). The customer has to bear these costs.
4.2 Invoices of the seller are payable, according to the agreement, by
cash in advance, by credit card payment or via PayPal.
Shipments abroad are only carried out with cash in advance.
4.3 If cash in advance is agreed, the payment is to be made within 7
(seven) days after completion of the contract. The date of receipt of money at
the seller is the decisive factor for this.
4.4 Payments with liberating effect can only be made directly to the
sellers bank or giro account, as specified by the seller, respectively by cash
on delivery to the parcel service.
4.5 The customer is only entitled to offset, if the counterclaim is
undisputed, legally determined or accepted by the seller.
4.6 The customer can only use the right of retention, as far as the
claim is a matter of the same contractual relationship. | | |
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5.
Shipping conditions and the transfer of risk | |
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5.1 The shipping of goods
takes places regularly via dispatch type sequence and to the delivery address
as stated by the customer.
5.2 If the delivery to the customer is not possible, the commissioned
transport company sends the goods, after the third unsuccessful delivery, back
to the seller. For deliveries with DHL you will receive a notification and the
package is stored in your post office until collection. If the goods is
undeliverable or the goods are not collected, the customer has to pay for the
unsuccessful delivery. This does not apply, if the customer is not responsible
for the unsuccessful deliveries.
5.3 Basically, the risk of accidental loss and accidental deterioration
of the sold goods passes on the delivery to the customer or an authorized
recipient. Is the customer a entrepreneur (he acts in exercise of his
commercial or independent professional activity; § 14 BGB), the risk of
accidental loss and accidental deterioration in case of delivery by mail / post
passes on the delivery of the goods at the business location of the seller to a
qualified transport person.
5.4 Towards an entrepreneur apply all agreed delivery deadlines under
reserve correct and on time delivery in cases where the seller has completed a
hedging transaction and where the seller is not responsible for the lack of
availability.
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The delivered goods of the seller
remain the property of the seller until full payment. | | |
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If a defect of the purchased good
is existent, statutory provisions do apply:
Deviating of this applys:
7.1 For entrepreneurs
• Insignificant defects principally do not base claims for defects.
• The seller has the option of the kind of supplementary performance.
• The limitation period for defects in case of new goods is one year from
passing of risk.
• Rights and claims on the basis of defects for used products are principally
excluded.
• The limitation period does not start again, if a compensation delivery in the
context of liability for defects was made
7.2 For consumer is the limitation period for claims for defects
• for new goods two years after delivery of the goods to the customer.
• for used goods one year from the delivery of the goods to the customer.
7.3 For entrepreneurs, the statutory limitation periods for the
contribution claim will remain unaffected (see § 478 BGB), the same does apply
for entrepreneurs and consumer in the case of deliberated breach of duty and
fraudulent concealment of a defect.
7.4 Moreover, for entrepreneurs and consumers apply that the following
limitations of liability in points 6.1 and 6.2 does not relate to claims for
special damages and reimbursement of expenses that the customer can claim,
according to statutory provisions, due to defects. For these claims applies
point 8.
7.5 Is the customer a merchant, in terms of § 1 HGB, he has the
obligation to inspect and to give notice of defects according to § 377 HGB. If
the customer fails this duty to give notice, the goods are deemed as approved.
7.6 Is the customer a consumer, he is requested to reclaim the delivered
goods with obvious transport damages at the deliverer / postman and to notify
the seller of this. If the customer fails to do so, it does not have an effect
on his statutory or contractual claims for defects.
7.7 If the supplementary performance was made in the way of compensation
delivery, the customer is obligated to send the first sent goods on his own
costs within 30 days back to the seller. The return of the defective goods has
to be done according to statutory provisions. If the seller delivers free of
defects goods for the purpose of supplementary performance, the seller can
claim compensation for use, according to § 346 para. 1 BGB), from the customer.
Other legal claims remain unaffected.
7.8 The assignation of claims for defects of the customer is excluded. | | |
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8.1 The seller shall be
unlimited liable, on whatever legal grounds, for injury to life, body or
health, deliberate action or gross negligence, fraudulent intent and warranty
promise and when the liability follows statutory provisions, such as Product
Liability Law.
8.2 Apart from that, the seller is liable for whatever legal grounds as
follows:
8.3 In case the seller violated negligently a essential, contractual
duty (so-called cardinal duty), the duty of replacement for damages is limited
to the predictable, typically resulting average damage.
8.4 In case the seller violated a unessential contractual duty, the duty
of replacement is limited to the contract value. | | |
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9.
Note for packaging regulation | |
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9.1
To fullfill the obligation of the
packaging ordinance the seller affiliates to the disposal service provider
Zentek GmbH & Co. KG Ettore-Bugatti-Str. 6-14 in D-51149 Köln. | | |
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10.1 For all legal relationships of the
parties is the law of the German Federal Republic applicable, to the exclusion
of laws on international purchasing of movables.
10.2 Is the customer a merchant, a legal body of public law or a special
fund under public law, the solely court of jurisdiction for all disputes of
this contract is the place of business of the seller.
The same applies, if the customer does not have a general court of jurisdiction
in Germany or the EU or if his habitual residence is not known at the time of
the commencement of proceedings. The authorization to call the court of law at
another court of jurisdiction remains unaffected.
10.3 The contract language is German. | | |
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11. Trademark Law and
Copyright | |
| Comycom is
copyrighted.Comycom (our private brand) is
a registered trademark.Owner of this copyright is exclusively Raab&Schlegel
GbR. The copyright of this online-offer belongs to Raab&Schlegel GbR
exclusively . All rights reserved. The use of Comycom.de
own photographs or designs is prohibited assertively and not allowed.
Copies, duplication, publishing or media printing without permission of
Raab&Schlegel GbR in written form is prohibited and will be reported to the
police instantly. This arrangement is also valid for screenshots. | | |
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