ComDi FASHION –
General Terms and Conditions
General Terms and Conditions of Business and Consumer Information of ComDi Fashion
proprietor: Dietmar Schneider, Darstadter Straße 22, 97199 Ochsenfurt
§ 1 Area of validity, definitions
(1)For the business relationship between ComDi Fashion, proprietor: Dietmar Schneider, Darstadter Straße 22, 97199 Ochsenfurt (hereinafter referred to as “ComDi”) and the client the following General Terms and Conditions of Business (hereinafter referred to as “GTC”) in the version valid at the time of the order apply exclusively. Deviating general conditions of the client are not accepted unless ComDi expressly agrees to their validity in writing. These GTC and the written individual contract contain all agreements and side agreements made between ComDi and the client.
(2)“Consumer” in the sense of the following regulations is any natural person who concludes a legal transaction for a purpose that is neither part of their business nor their self-employed professional activity.“Business person” however is any natural or legal entity or legally responsible partnership acting in their professional capacity. Both consumers and business persons are referred to as “clients”.
(3) The language of the contract is German. The text of the contract is stored by the supplier. Storage is however only limited, thus the client himself has to ensure that a printout is made or the file is stored separately
§ 2 Subject matter of the contract
The subject matter of the contract is the supply of accessoires. The details, in particular the essential features of the products can be found in the item description, the additional information on the website www.comdi-fashion.de as well as the written offer by ComDi.
The slide closure is protected by law and is manufactured from the material HOSTAFORM® C9021. The slide closure is patented: European patent No. EP2775873
§ 3 Conclusion of the contract
(1) In placing the (online) order, the customer submits a binding offer aimed at concluding a purchase agreement for the goods stated on the order form. By submitting the order, the customer also acknowledges these terms and conditions as being exclusively applicable for the legal relationship with the supplier.
(2) The supplier shall confirm receipt of the customer’s order by sending a (confirmation) email. This order confirmation does not in itself constitute the acceptance on the part of the supplier of the offer to enter into an agreement. It merely serves to inform the customer that the order has been received by the supplier. The statement of acceptance of the offer to enter into an agreement is made through the delivery of the goods or through an explicit statement of acceptance.
§ 4 Prices, delivery charges
(1) The prices listed in the respective offers as well as any delivery charges arising in individual cases constitute end prices. They contain all price components including all taxes arising
(2) The invoice is issued on the day of delivery or provision of the goods. A postponement of the due date (value date) is strictly excluded. Invoices are payable in accordance with the term of payment stated on the invoice. Once the stated deadline has expired, the customer shall be in default in accordance with Article 286 II no. 1 of the German Civil Code.
If the client is in default of payment by exceeding a clearly communicated payment date after the payment has become due and a reminder has been issued, ComDi is entitled to demand default interest at the rate of 5 percentage points over the respective base rate from consumers and 8 percentage points over the respective base rate from business persons. This does not affect the raising of any other claims for damages cause by delay,
e.g. storage charges.
(3) Delivery charges arising in individual cases are not contained in the purchase price and must be borne additionally by the client. They will be further calculated if the need arises and are to be listed separately in the individual offer.
§ 5 Cancellation right for consumers
In accordance with the statutory regulations for distance selling contracts, ComDi grants consumers who are making the purchase by means of distance communication – i.e. not in a shop – a cancellation right. ComDi has a statutory obligation to provide the following
information on this cancellation right:
(1) Cancellation policy
(2) Cancellation right.
You can withdraw your contractual declaration within 14 days without providing a reason in the written form (e.g. letter, fax, email) or, if the item is given to you before the period has passed – by returning the item. The period begins once this cancellation policy has been received in writing, but not prior to receipt of the product by the recipient (in the case of repeat delivery of similar products not prior to receipt of the first partial delivery) and also
not prior to fulfilment of our information obligations in accordance with article 246 § 2 in connection with § 1 sections 1 and 2 EGBGB [Introductory Act to the German Civil Code] as well as our obligations in accordance with § 312g section 1 sentence 1 BGB [German Civil Code] in connection with article 246 § 3 EGBGB. The cancellation period has been complied with if the cancellation or the item is dispatched in due time. The cancellation is to be addressed to:
ComDi Fashion
Darstadter Straße 22
97199 Ochsenfurt
+49 (0) 9331. 98 45 840
info@comdi-fashion.de
Consequences of cancellation
In the case of an effective cancellation the performances received by either party are to be returned and any benefit obtained (e.g. interest) is to be surrendered. If you are unable to return the received performance as well as the benefits (e.g. benefits of use) or only return them in part or only in a deteriorated condition, you must provide compensation in this regard. You only have to provide compensation for the amelioration of the product and for benefits obtained if the benefits or the amelioration are a result of handling the item in a way that exceeds checking the item’s features and functionality. “Checking the features and functionality” refers to testing and trying out the respective product, as is possible and common in a shop.
Items that can be sent as a parcel are to be returned at our risk. You have to bear the ordinary costs of the return, if the delivered product corresponds with the order and if the price of the item to be returned does not exceed the sum of 40 Euro or, if the item has a higher price, if you have not yet made the counterperformance or a contractually agreed part payment at the time of cancellation. In any other case the return is free of charge for you. Items that cannot be sent as a parcel will be collected from your premises. Obligations
to refund payments must be fulfilled within 30 days. The period begins for you with the sending of your cancellation or the item, and for us when we receive these.
End of Cancellation right
§ 6 Return shipping charges when exercising an existing cancellation right
It is hereby separately agreed that the consumer has to bear the ordinary costs of the return if the delivered product corresponds with the order and if the price of the item to be returned does not exceed the sum of 40.00 Euro or, if the item has a higher price, if the consumer has not yet made the counterperformance or a contractually agreed part payment at the time of cancellation. In all other cases ComDi bears the costs of the return.
§ 7 Offsetting, right of retention
(1) The client is only entitled to a right to offset if the counter claim is undisputed, has been determined to be legally valid or has been recognised by ComDi.
(2) The client can only exercise a right of retention if the claim arises from the same contractual relationship.
§ 8 Liability for defects, guarantee
(1) ComDi is liable for material defects in accordance with the relevant applicable statutory regulations, in particular §§ 434 ff BGB.
(2) An additional guarantee for the products delivered by ComDi only exists if this has been granted expressly in the order confirmation for the respective item.
(3) If the client is a business person, the following applies deviating from section 1:
a) The business person is obligated to inspect the product immediately and with due care for quality defects and measurement deviations and to inform ComDi in writing of any obvious defects within 7 days of receipt of the goods, the period has been complied with if the item is sent in due time. This also applies to hidden defects that are noticed at a later point in time from the moment of discovery onwards. If the obligation to inspect and notify is violated, the raising of claims for liability for defects is excluded.
b) In the case of defects ComDi is entitled to elect to provide compensation through subsequent improvement or replacement delivery within a suitable period that is to be stipulated by the business person. If removal of the defects fails twice, the business person is entitled to elect to demand a reduction or to withdraw from the contract. In the case of subsequent improvement the supplier does not have to bear the increased costs resulting from transfer of the product to a location other than the place of fulfilment, unless the transfer is in accordance with the intended use of the product.
c) The period of liability for defects is one year from delivery of the product. The reduced period of liability for defects does not apply to damages resulting from the loss of life or limb or health and grossly negligent or intentionally caused losses and/or malice by the supplier, nor in cases of rights of recourse in accordance with §§ 478, 479 BGB.
§ 9 Retention of title
(1) Any products delivered remain the property of ComDi until payment has been made in full.
(2) Towards business persons the following applies additionally:
a) ComDi retains the title to the product until all claims arising from the ongoing business relationship have been satisfied. Pawning or assignment as security of the title of the goods that are subject to retention of title prior to transfer of the title is prohibited
b) The business person is entitled to resell the product in the normal course of business. In this case he now assigns all claims to the amount of the invoice to which he is entitled as a result of the resale to ComDi, who accepts the assignment. The business person remains authorised to recover the claim. If he fails to comply with his payment obligations in an orderly fashion, ComDi does however retain the right to recover the claim themselves.
c) ComDi is obligated to release the securities it is entitled to on request of the business person if the realisable value of the supplier’s securities exceeds the claims to be secured by more than 20 %. The decision on which securities to release rests with ComDi.
§ 10 Liability
(1) ComDi bears unlimited liability for losses to life, limb or health where a defect was maliciously hidden or a guarantee for the features of the product has been assumed, in all cases of intent and gross negligence, in the case of losses in accordance with the product liability act and where it is otherwise required by law.
(2) Where fundamental obligations arising from the contract are affected, a violation of which would endanger the purpose of the contract, ComDi’s liability for slight negligence is limited to the anticipated loss typical for the contract.
(3) In the case of a violation of minor contractual obligations liability in the case of slightly negligent violation of obligations is excluded.
§ 11 Data processing policy
(1) As part of the processing of contracts ComDi collects the client’s data under compliance with the regulations of the German Federal Data Protection Act and the German Teleservices Act. Without the client’s consent ComDi will only collect, process or use the client’s inventory data and usage data where this is necessary for the completion of the contractual relationship and for the claiming for and invoicing of obligations.
(2) The supplier will not use the client’s data for advertising, marketing or survey purposes without the client’s agreement.
(3) The client is able to obtain details of his stored personal data free of charge at any time, and to have this data locked, corrected or deleted. Further, we refer to the client’s authorisations and further information on data collection, processing and use on the Data Protection Declaration that is available on the ComDi website at any time in a printable format via the link “data protection”.
§ 12 Applicable law, place of fulfilment, place of jurisdiction, salvatory clause
(1) Contracts between ComDi and the client are subject to the law of the Federal Republic of Germany under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). This applicable law only applies to consumers insofar as it does not result in the withdrawal of the protection provided by binding statutory regulations of the state in which the consumer is ordinarily resident.
(2) The place of fulfilment for all obligations arising from the business connection with ComDi as well as the place of jurisdiction is the registered office of ComDi, if the client is a business person, legal entity under public law or a special fund under public law. The same applies to persons who do not have a general place of jurisdiction in Germany or the EU or persons who move their domicile or ordinary place of residence out of Germany after concluding the contract or whose domicile or ordinary place of residence is unknown at the time legal proceedings commence. This does not affect ComDi’s entitlement to approach a court at any other legal place of jurisdiction.
(3) If individual clauses of the individual contract and these GTC are legally void, the remaining clauses are not affected.
Stand: 15.07.2021