General terms and conditions
General terms and conditions
1. Scope of application
For the business relationship between Comazo GmbH + Co KG (hereinafter referred to as Comazo) and the customer of the online store (hereinafter referred to as customer), the following General Terms and Conditions of Business in their version valid at the time of the order shall apply exclusively. Any deviating terms and conditions and/or other terms and conditions of the customer are expressly rejected irrespective of their designation, unless Comazo agrees to their validity separately in writing.
The contents deposited on www.comazo.de and www.protect.comazo.de are addressed to consumers who have their habitual residence in the territory of the Federal Republic of Germany, in Austria, France, Italy, the Netherlands, Luxembourg or in Belgium and who can provide a delivery address in this country. According to § 13 BGB (German Civil Code), a consumer is any natural person who concludes a legal transaction for a purpose that can be attributed neither to his commercial nor his independent professional activity.
2. Contracting party, conclusion of contract
The purchase contract is concluded with Comazo GmbH + Co KG.
By placing the products in the online store, we make a binding offer to conclude a contract for these articles. You can place our products in the shopping cart without obligation at first and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after sending the order you will receive another confirmation by e-mail.
3. Contract language, contract text storage
The language available for the conclusion of the contract is German.
We save the text of the contract and send you the order data and our terms and conditions by e-mail. For security reasons, the contract text is no longer accessible via the Internet.
4. Order process
4.1 The presentation of the products in the Comazo Online Shop is merely an invitation to the customer to submit offers for the conclusion of a sales contract for the presented goods and is therefore not a legally binding offer.
4.2 The customer can select products from the Comazo product range and collect them in a so-called shopping cart by clicking the button "add to cart". If the customer clicks on the "Buy" button, he submits a binding offer to purchase the goods in the shopping basket.
4.3 If you would like to have the package delivered to a DHL Pakstation, the payment method purchase on account is unfortunately excluded.
4.4 Before sending the order, the customer can view and change the order data at any time by clicking on the "Shopping Cart" button.
4.5 The presentation of the products in the online store is not a legally binding offer, but a non-binding online catalog. By clicking the "Buy" button, you submit a binding order for the goods contained in the shopping cart. Confirmation of receipt of your order will be sent together with the acceptance of the order immediately after sending by an automated e-mail. With this e-mail confirmation the purchase contract is concluded.
We deliver only by shipping.
5.Delivery conditions & shipping costs
5.1 We currently ship within Germany via DHL and to the following EU countries: Austria, France, Italy, Netherlands, Belgium and Luxembourg. Please note that the Rhine Islands in Germany cannot be supplied at present and please inform us of an alternative delivery address when placing your order. Should you wish to have your order delivered to another country, we will be happy to help you. If you have any questions, please send us an email to ecomazo(at)comazo.de.
Delivery to Switzerland:
For deliveries to Switzerland we recommend the service of meinEinkauf.ch. All customs formalities and the delivery to your front door will then be handled by meinEinkauf.ch for a small fee. It is best to register directly here: MyShopping.ch.
Please note: When purchasing via meinEinkauf.ch, the payment method "purchase on account" is excluded.
5.2 Basically the delivery is carried out by the shipping company DHL. Items are only delivered in quantities that are customary in households.
5.3 The shipping costs throughout Germany per order depend on the order value and currently amount to 0.00 € including VAT.
For deliveries to other EU countries, the shipping costs are currently as follows:
Austria: 9,95€.
France, Italy, Netherlands, Luxembourg or Belgium: 9,95€
For marketing purposes we reserve the right to adjust the shipping costs.
5.4 The delivery time is about 1-3 working days, depending on the availability of the items.
5.5 If not all ordered products are in stock, we are entitled to make partial deliveries at our expense, as far as this is reasonable for you.
5.6 Should the delivery of the goods fail through your fault despite three delivery attempts, we can withdraw from the contract. In this case we will inform you immediately. We will reimburse you immediately for any consideration already paid.
6. Transport damages
If goods with obvious transport damages are delivered, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance company.
7. Warranty
If delivered items should have obvious material or manufacturing defects, including transport damage, please complain immediately to us or the DHL employee who delivers the items. Failure to do so, however, will not affect your legal rights. For all defects of the purchased goods occurring during the legal warranty period, the legal claims for supplementary performance, for removal of defects/ new delivery as well as - if the legal requirements are met - the further claims for reduction or withdrawal as well as compensation for damages, including compensation for the damage instead of performance as well as compensation for your futile expenses, shall apply at your choice. As far as we grant you a seller's warranty, the details result from the warranty conditions, which are attached to the respective delivered article. Warranty claims exist without prejudice to the legal claims/rights. If the supplementary performance has been carried out by way of a replacement delivery, the customer is obliged to return the goods delivered first to Comazo within 30 days at the expense of Comazo. The return of the defective goods shall be effected in accordance with the statutory provisions. Comazo reserves the right to claim damages under the statutory provisions.
8. Prices
The prices stated on www.comazo.de and www.protect.comazo.de are Euro prices and include the legal value added tax.
9. Payment
In our store you can choose between the following payment methods. As payment service provider we use the BS PAYONE GmbH.
9.1 Credit Card
When you place your order, you also provide us with your credit card details. After your legitimation as a legitimate cardholder, we request your credit card company to initiate the payment transaction immediately after the order. The payment transaction will be carried out automatically by the credit card company and your credit card account will be charged.
9.2 PayPal, PayPal Express
During the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the store, we will ask PayPal to initiate the payment transaction.
The payment transaction will be executed automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.
9.3 Instant bank transfer
After placing your order you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have an online banking account with PIN/TAN procedure activated for participation in Sofort, you must legitimize yourself accordingly and confirm the payment order to us. You will receive further instructions during the ordering process. The payment transaction will be executed immediately afterwards by Sofort and your account will be debited.
9.4 Purchase on account via Klarna
The online store currently charges a fee of 0.00 Euro per order when purchasing on account with Klarna. In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The payment is always made to Klarna:
Invoice: The payment period is 14 days from the date of dispatch of the goods/tickets/ or, in case of other services, the date the service is made available. The complete invoice terms for the countries where this payment method is available can be found here: Germany, Finland, Great Britain, Netherlands, Norway, Austria, Sweden.
The use of the payment methods Purchase on account via Klarna requires a positive credit check. In this respect, we will forward your data to Klarna for the purpose of address and credit assessment in the context of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. Further information and Klarna's terms of use can be found here. General information about Klarna can be found here. Klarna will treat your personal data in accordance with the applicable data protection regulations and in accordance with the information in Klarna's Privacy Policy.
9.5 Payment in the store - payment on collection
You pay the invoice amount in cash or by credit card / EC card at the time of collection. Please select "Pick up at the store" in the order process to have your order sent to a Comazo Store. During the ordering process, please indicate the desired Comazo Store in the delivery address field. An overview of the Comazo Stores can be viewed here: www.comazo.de/stores
10. Retention of title
The goods remain the property of Comazo GmbH + Co KG until payment has been made in full.
11. Warranty and guarantees
The statutory liability for defects shall apply. Information on any additional warranties that may apply and their exact conditions can be found with the product and on special information pages in the online store.
Customer service: You can contact our customer service for questions, complaints and objections on workdays from 8:00 a.m. to 6:00 p.m. by phone at +49 7432 7019-168 or by e-mail at ecomazo(at)comazo.de
12. Provider identification
Comazo GmbH + Co. KG
Martin-Luther-Strasse 1
72461 Albstadt
Germany
Commercial register: Local court Stuttgart HRA 400084
Management: Dr. Christoph Maier, Michael Nädele
13. Applicable law, place of jurisdiction
13.1 All legal transactions or other legal relationships with Comazo shall be governed by the laws of the Federal Republic of Germany.
13.2 In business transactions with merchants and with legal entities under public law, the place of jurisdiction for all legal disputes concerning these Terms and Conditions and individual contracts concluded under their application, including actions on bills of exchange and cheques, shall be the registered office of Comazo (Albstadt).
13.3 Online dispute resolution pursuant to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for Online Dispute Resolution (OS), which can be found at https://ec.europa.eu/consumers/odr/ In accordance with Art. 36 Para. 1 No. 1 VSBG, Comazo GmbH + Co KG participates in the European arbitration procedure. Responsible is the general consumer arbitration board of the Zentrum für Schlichtung e.V., Strasbourger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de.
14. Disclaimer for external links
Comazo GmbH + Co KG refers on its pages with links to other pages on the Internet. Comazo expressly declares that it has no influence on the design and content of the linked pages. Therefore, we hereby expressly distance ourselves from all contents of all linked third-party sites on www.comazo.de and www.protect.comazo.de and do not adopt these contents as our own. This declaration applies to all displayed links and to all contents of the pages to which links lead.
15. Copyright and trademark law
The entire content of the website, in particular texts, graphics, photos, illustrations and software, is the property of Comazo. These contents are protected by copyright and other industrial property rights. Copying, editing, saving or other processing is not permitted.
All trademarks used on ww.protect.comazo.de are - unless otherwise indicated - property of Comazo. Any use or utilization of the trademarks in any form without our consent is prohibited.
16. Image rights
All image rights are owned by Comazo GmbH + Co KG or its partners. Any use without express permission is not permitted.
17. Revocation
You have the right to cancel this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took or has taken possession of the last goods. Further information on the exercise of the right of withdrawal can be found here: www.comazo.de/widerrufserklaerung
18. code of conduct
We have subjected ourselves to the following codes of conduct:
Trusted Shops quality criteria: www.trustedshops.com/tsdocument/%20TS_QUALITY_CRITERIA_de.pdf