General Trading Conditions
§ 1 General
(1) These terms and conditions apply to all contracts, deliveries and other services of the company Brandpools UG (haftungsbeschränkt) Antonio Voss, Uhlandstrasse 22, 72135 Dettenhausen (hereinafter: "Seller"), concerning the online portal www.comvendas.com and all sub-domains belonging to the domain. Deviating regulations of the customers do not apply, unless the seller has confirmed this in writing. Individual agreements between the seller and the customers always have priority.
(2) The seller offers the customer new goods for purchase in the online shop www.comvendas.com
§ 2 Conclusion of contract
(1) The contract is concluded by a confirmation of acceptance from the seller. The customer submits before by inserting the selected commodity into the shopping basket or by clicking on the "buy" "order button" an offer to the salesman, which checks this.
(2) The customer also has the option of requesting a specific item from the seller online or by telephone, or by e-mail, fax or letter. Upon receipt of such a request, the Seller shall submit an appropriate offer to the Customer by e-mail, letter or fax. A contract is only concluded when the customer accepts this offer.
(3) The contract text is stored. The customer receives the contract text by e-mail.
§ 3 Prices, Shipping Costs, Method of Payment, Reminder Fees
(1) For orders via the online shop, the prices stated there apply. All prices are final prices.
(2) Any additional delivery and shipping costs will be indicated separately in the respective product presentation in the offer. In the case of delivery by forwarding agent, we charge the shipping costs in accordance with our valid shipping costs table.
(3) The delivery of the customers by the seller takes place after desire of the customer against the following payment methods: Prepayment by bank transfer, prepayment by Paypal.
(4) If the customer chooses prepayment by bank transfer, then the payment is due at the latest 10 calendar days after contract conclusion. In the case of delivery on account, payment is due at the latest 10 calendar days after invoicing. If payment is made by cash on delivery, the purchase price plus shipping costs and cash on delivery charges is due upon delivery and presentation of the cash on delivery receipt by the commissioned transport company.
(5) If a customer is in arrears with his payment obligations, the seller may claim damages in accordance with the statutory provisions and / or withdraw from the contract.
(6) The seller always issues an invoice to the customer, which is handed over to him upon delivery of the goods or is otherwise received in text form.
§ 4 Delivery, transfer of risk
(1) The ordered goods shall be delivered to the address indicated by the customer, unless otherwise contractually agreed. Delivery is made from the seller's warehouse, delivery is made directly by the manufacturer.
(2) The seller reserves the right to make a partial delivery if this appears advantageous for a speedy processing and the partial delivery is not unreasonable for the customer in exceptional cases. The customer shall not be invoiced for any additional costs incurred by partial deliveries.
(3) The seller reserves the right to release himself from the obligation to fulfil the contract if the goods are to be delivered by a supplier on the day of delivery and delivery is not made in whole or in part. This self-delivery reservation shall only apply if the Seller is not responsible for the non-delivery. The Seller shall not be responsible for the failure to perform if a so-called congruent hedging transaction was concluded in good time with the supplier to fulfil the contractual obligations. If the goods are not delivered, the seller will inform the customer immediately about this circumstance and refund an already paid purchase price as well as shipping costs.
(4) The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon delivery. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the customer upon delivery of the goods to the forwarding agent, the carrier or any other person designated to carry out the shipment.
(5) We also deliver to the following countries: Germany Delivery time: 7 working days.
§ 5 Right of revocation
Customers who are consumers within the meaning of § 13 BGB are entitled to a statutory right of revocation. You will find information on this in the cancellation policy.
§ 6 Retention of title
The delivered goods remain the property of the seller until all claims arising from the contract have been fulfilled. In the event that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond this from the current business relationship until settlement of all claims to which the seller is entitled in connection with the contract.
§ 7 Warranty
If defects are present, the customer shall be entitled to the statutory warranty rights in accordance with the following provisions. If only merchants are involved in the contract, §§ 377 et seq. of the German Civil Code (BGB) shall apply additionally. HGB (GERMAN COMMERCIAL CODE).
§ 8 Liability
Outside of liability for material defects and defects of title, the Seller shall have unlimited liability if the cause of the damage is based on intent or gross negligence. He shall also be liable for the slightly negligent breach of essential obligations (obligations whose breach jeopardizes the achievement of the purpose of the contract) as well as for the breach of cardinal obligations (obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose fulfillment the customer regularly relies), but in each case only for the foreseeable damage typical of the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than the foregoing.
§ 9 Final provisions
(1) The law of the Federal Republic of Germany shall apply. Mandatory regulations of the state in which you have your habitual residence remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) Customers have the option of using alternative dispute resolution. The following link of the EU Commission (also called OS platform) contains information about online dispute resolution and serves as a central point of contact for out-of-court settlement of disputes arising from online sales contracts: ec.europa.eu/consumers/odr