General Terms and Conditions of Business with Customer Information
- Conclusion of the contract
- Right to cancel
- Pricing and payment
- Delivery and dispatch
- Retention of title
- Liability for defects (warranty)
- Redemption of promotional vouchers
- Applicable law
- Dispute resolution
- Alternative form of dispute resolution
1.1 These General Terms and Conditions of Business (hereinafter ‘GTCs’) of ComDiscount GmbH & Co. KG (hereinafter ‘Seller’) apply to all contracts for the supply of goods which a consumer or company (hereinafter ‘Customer’) concludes with the Seller in relation to the goods presented by the Seller in its online shop. Consideration of the Customer’s own terms is hereby objected to unless the Seller expressly agrees in writing to their validity.
1.2 A consumer within the meaning of these GTCs is any individual who concludes a legal transaction which cannot be attributed primarily to their commercial or independent professional activity. A company in the meaning of these GTCs is an individual, a commercial entity or a joint partnership with legal capacity that concludes a legal transaction in the exercise of its commercial or independent professional activities.
2) Conclusion of the contract
2.1 The product descriptions included in the Seller’s online shop do not represent binding offers on the part of the Seller, but serve for the Customer to submit a binding offer.
2.2 The Customer may submit the offer via the online order form integrated in the Seller’s online shop. In doing so, once the Customer has placed the selected goods in the virtual shopping cart and completed the electronic order process, the Customer submits a legally binding contractual offer relating to the goods contained in the shopping cart by clicking the ‘zahlungspflichtig bestellen’ [commit to buy] button at the end of the order process.
2.3 The Seller may accept the Customer’s order within five working days,
- by issuing the Customer with a written or electronic (fax or email) order confirmation, whereupon the date the Customer receives the order confirmation is decisive, or
- by supplying the ordered goods to the Customer, whereupon the date the Customer receives the goods is decisive, or
- by requesting payment from the Customer once the order has been submitted.
If a number of the aforementioned alternatives arise, the contract is established at the time any one of the aforementioned alternatives first comes into effect. The offer acceptance deadline commences on the day after the Customer sends the offer and ends on the expiry of the fifth working day following the sending of the offer. If the Seller does not accept the Customer’s offer within the specified deadline, the offer will be deemed to have been rejected with the result that the Customer is no longer bound to its declaration of intent.
2.4 If an offer is submitted via the Seller’s online order form, the contract text will be stored by the Seller and sent to the Customer, once it submits its order, along with these GTCs in text form (e.g. email, fax or letter). Additionally, the contract text will be archived on the Seller’s Internet site and made accessible free of charge to the Customer via its password-protected customer account by the Customer entering its login credentials, provided that the Customer has created a customer account in the Seller’s online shop prior to submitting its order.
2.5 The Customer must be able to identify potential input errors by carefully reading the on-screen information, and view and change the information it has entered at any time before a binding order is submitted via the Seller’s online order form. An effective technical means to improve the identification of input errors is a browser zoom function which enables the text to be displayed on screen in a larger font. It must be possible for the Customer to correct the information it has entered as part of the electronic order process using standard keyboard and mouse functions until it clicks the button which completes the order process.
2.6 The contract will be concluded in German.
2.7 Order processing and correspondence will usually take place by email and through automated order processing. The Customer must ensure that the email address provided for order processing is valid, so that emails sent by the Seller are also received by this address. In particular, if SPAM filters are used, the Customer must ensure that all emails sent by the Seller or third-parties commissioned by the Seller to process the order can be delivered.
3.1 Generally, consumers have the right to cancel.
3.2 Further information on the right to cancel can be found in the Seller’s Cancellation Policy.
4) Pricing and payment
4.1 Unless stated otherwise in the Seller’s product description, the prices quoted are total prices, which include the statutory rate of value added tax. Any additional delivery and dispatch costs which may arise will be indicated separately in the product description.
4.2 Deliveries to countries outside the European Union may attract additional charges, which the Seller cannot be held responsible for and which must be paid by the Customer. These can include money-transfer charges levied by credit institutions (e.g. transfer fees, exchange-rate fees) or import duties or taxes (e.g. customs duties). Such money-transfer costs may also arise if the delivery is made within a European Union country, but the Customer pays from a country outside the European Union.
4.3 The Customer will be informed of the payment option(s) in the Seller’s online shop.
4.4 If using a PayPal method of payment, the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: ‘PayPal’) will process the payment, subject to PayPal’s User Agreement viewable at https://www.paypal.com/uk/webapps/mpp/ua/useragreement-full – or if the Customer does not have a PayPal account, subject to PayPal’s terms governing payments without a PayPal account viewable at https://www.paypal.com/uk/webapps/mpp/ua/privacywax-full.
5) Delivery and dispatch
5.1 Goods will be dispatched to the delivery address indicated by the Customer, unless agreed otherwise. If an order is submitted using the Seller’s online order form, the delivery address indicated in the online order form is decisive. However, if PayPal is selected as the payment method, the delivery address stored by the Customer in PayPal at the time the payment is made is decisive.
5.2 If the carrier returns the dispatched goods to the Seller as it was unable to deliver them to the Customer, the Customer bears the full cost for the failed delivery attempt. This does not apply if the Customer fully exercises its right to cancel, if it is not responsible for the circumstances which led to it not being possible to deliver the goods or if it was temporarily impeded from receiving the delivered goods, unless the Seller had given the Customer adequate notice about the delivery.
5.3 If the Customer acts as a company, the risk of accidental loss or damage to the goods sold is transferred to the Customer as soon as the Seller hands over the goods to the carrier, freight forwarder or the person or agent appointed to deliver the consignment. If the Customer acts as a consumer, the risk of accidental loss or damage to the goods sold is generally only transferred when the goods are handed over to the Customer or a person authorised to receive the consignment. However, in the case of consumers too, the risk of accidental loss or damage to the goods sold passes to the Customer as soon as the Seller has handed over the goods to the carrier, freight forwarder or the person or agent appointed to deliver the consignment if the Customer commissions the carrier, freight forwarder or the person or agent appointed to deliver the consignment and the Seller has not previously designated this person or agent to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if non-delivery is not attributable to the Seller, and it has concluded a specific covering transaction with all due diligence with the Supplier. The Seller will make every reasonable effort to supply the goods. If the goods are not or only partially available, the Customer will be informed immediately and the consideration refunded straight away.
5.5 Personal collection is not possible for logistical reasons.
6) Retention of title
6.1 In the case of consumers, the supplied goods remain the property of the Seller until the full purchase price still owed has been paid.
6.2 In the case of companies, the supplied goods remain the property of the Seller until all receivables arising from a current business relationship have been settled in full.
6.3 If the Customer acts as a company, it is entitled to resell the goods subject to retention of title during the ordinary course of business. All receivables arising therefrom against third parties are to be paid in advance to the Seller to the amount of the respective invoice value (including value added tax). This assignment applies irrespective of whether the goods subject to retention of title are resold without or after processing. The Customer is still entitled to collect the assigned receivables even after assignment. The Seller’s authority to collect the receivables itself remains unaffected. However, the Seller will not collect the receivables provided that the Customer fulfils its payment obligations towards the Seller, does not fall into arrears and no application for the opening of insolvency proceedings is made.
7) Liability for defects (warranty)
If the purchased goods are defective, the statutory provisions relating to liability for defects apply. However:
7.1 For companies,
- an insignificant defect does not generally give rise to warranty claims;
- the Seller can choose the form of subsequent performance;
- for new goods, the limitation period for defects is one year from the passing of risk;
- rights and claims on the grounds of defects are generally excluded in the case of used goods;
- the limitation period does not restart if a substitute delivery is made within the scope of liability for defects.
7.2 For consumers, the limitation period for warranty claims for used goods is one year from delivery of the goods to the Customer, subject to the following clause.
7.3 The preceding regulated limitations of liability and limitation period restrictions do not apply:
- to goods, which are used in a construction in a way that is atypical for their intended purpose and which have caused it to become defective,
- for injuries to life and limb or damage to health based on an intentional or negligent breach of duty on the part of the Seller or an intentional or negligent breach of duty by a legal representative or agent of the Seller,
- for any other damages which are caused by an intentional or grossly negligent breach of duty on the part of the Seller or a deliberate or grossly negligent breach of duty by a legal representative or agent of the user, or
- if the Seller has maliciously concealed the defect.
7.4 Additionally, for companies the statutory limitation periods to assert rights of recourse pursuant to section 478 BGB (German Civil Code) remain unaffected.
7.5 If the Customer acts as a merchant in the sense of section 1 HGB (German Commercial Code), the Customer has a commercial duty to examine and give notice of defects pursuant to section 377 HGB. If the Customer fails in its duty to give notice as specified therein, the goods are considered to be accepted.
7.6 If the Customer acts as a consumer, it must immediately give notice of any obvious transport damage to the delivery company and notify the Seller of this. If the Customer does not comply with this duty, it has no effect whatsoever on its statutory or contractual warranty claims.
The Seller is liable towards the Customer for damages and expenses arising from all contractual, quasi-contractual and statutory as well as tortious claims as follows:
8.1 The Seller is liable to an unlimited extent on whatever legal ground:
- for intent or gross negligence,
- for deliberate or negligent injury to life and limb or damage to health,
- owing to a promise of warranty insofar as this is not regulated otherwise,
- owing to compulsory liability requirements such as under the German Product Liability Act (Produkthaftungsgesetz) or equivalent national legislation.
8.2 If the Seller negligently violates a material contractual obligation, the liability is limited to foreseeable damages typical for this type of contract unless liability according to the above clause is unlimited. Material contractual obligations are duties imposed on the Seller by the scope of the contract to achieve the purpose of the contract, the fulfilment of which is a prerequisite for the contract to be implemented duly and properly, and on the adherence to which the Customer may generally rely.
8.3 In addition, liability on the part of the Seller is excluded.
8.4 The preceding liability regulations also apply in regard to the Seller’s liability for its agents and legal representatives.
9) Redemption of promotional vouchers
9.1 Time-limited vouchers which are issued free of charge by the Seller as part of an advertising campaign and which can be acquired by the Customer on a not-for-sale basis (hereinafter ‘promotional vouchers’) can only be redeemed in the Seller’s online shop and only within the stated period of validity.
9.2 Individual products may be excluded from the voucher promotion if such a restriction is stated in the wording of the promotional voucher.
9.3 Promotional vouchers can only be redeemed before completion of the order process. No possibility is given for them to be accounted for afterwards.
9.4 Only one promotional voucher may be redeemed per order.
9.5 The value of the goods must always equal at least the amount of the promotional voucher. Any remaining amount will not be reimbursed by the Seller.
9.6 If the value of the promotional voucher does not cover the full value of the order, any difference can be paid for by selecting one of the other payment methods offered by the Seller.
9.7 No cash payment will be made for the balance on a promotional voucher nor will any interest be paid on this balance.
9.8 The value of the promotional voucher will not be reimbursed if the Customer returns the goods, which have been paid for in full or in part using the promotional voucher, within the scope of its statutory right of withdrawal.
9.9 The promotional voucher is transferable. The Seller can discharge its obligations to the particular owner who redeemed the promotional voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or lacks knowledge owing to gross negligence about the non-entitlement, legal incapacity or the lack of the power of representation of the respective owner.
10) Applicable law
The law of the Federal Republic of Germany applies to all legal relationships between the Parties, with the exception of laws regarding the international sale of goods. In the case of consumers, this applicable law applies only insofar as the protection afforded by mandatory provisions of the law of the country in which the consumer has his/her habitual residence is not withdrawn.
If the Customer acts as a commercial entity, a legal entity under public law or a special asset under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive court of jurisdiction for any disputes arising from this contract is hereby agreed as the location of the Seller’s registered office. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the exclusive court of jurisdiction for any disputes arising from this contract, insofar as the contract or claims arising from this contract can be attributed to the Customer’s business or commercial activities, is hereby agreed as the location of the Seller’s registered office. However, in the preceding instances the Seller is entitled in each specific case to apply to the court at the location where the Customer has its registered office.
12) Alternative form of dispute resolution
12.1 The EU Commission provides an online platform for dispute resolution which is accessible here: http://ec.europa.eu/consumers/odr
This platform serves as a port of call for the out-of-court settlement of disputes arising from online purchase or service agreements involving a consumer.
12.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.