General terms and conditions of business
On the basis of these general terms and conditions (GTC) comes between the customer and
Kavendor-Germany GmbH - brand name Comfizz
Address: Zollstockgurtel 65, Office 31, 50969 Cologne
Commercial register: Cologne Chamber of Industry and Commerce
Commercial register number: HRB 109519
Sales tax identification number: [DE352487716]
, hereinafter referred to as the provider, the contract is concluded.
Subject of the contract
This contract regulates the sale of new goods via the provider's online shop. For the details of the respective offer, reference is made to the product description on the offer page.
conclusion of contract
The contract is only concluded in electronic business transactions via the shop system. The offers presented represent a non-binding invitation to submit an offer through the customer order, which the provider can then accept.
The ordering process for the conclusion of the contract includes the following steps in the shop system:
- Press the button 'Order with costs'
The contract is concluded with the sending of the order confirmation.
The contract is concluded for an indefinite period.
retention of title
The delivered goods remain the property of the provider until full payment has been made.
The provider reserves the right to provide a service of equal quality and price. The service presented in the shop is an example and not the individual, contractual service. The provider reserves the right not to provide the promised service if it is not available.
Prices, shipping costs, return costs, customs
All prices are final prices and include the statutory sales tax. The minimum order value is € 0.01. The following shipping costs apply once per order: Germany: € 5.90 EU: € 9.99 International: From € 10.90. For larger consignments from XL, we charge € 15.00 shipping costs. In the case of partial deliveries, the flat rate only applies once. If there is a right of withdrawal and this is used, the customer bears the costs of the return.
terms of payment
The customer only has the following options for payment: bank transfer in advance, invoice upon delivery, direct debit, cash on delivery, payment service provider (PayPal), credit card. Other payment methods are not offered and will be rejected.
The invoice amount is to be transferred in advance to the account specified there after receipt of the invoice, which contains all information for the transfer and is sent by e-mail. The invoice amount is to be transferred in advance to the account specified there after receipt of the invoice, which contains all the information for the transfer and is sent with the delivery. The invoice amount will be collected by the provider using direct debit on the basis of the direct debit authorization by the customer from the account specified. In the case of delivery against cash on delivery, the cash on delivery amount is paid to the deliverer in cash upon delivery, whereby the deliverer charges a cash on delivery fee. When using an escrow service/payment service provider, this enables the provider and customer to process the payment among themselves. The escrow service/payment service provider forwards the customer's payment to the provider. Further information is available on the website of the respective escrow service/payment service provider. When paying by credit card, the customer must be the cardholder. The credit card will be charged after the goods have been shipped. The customer is obliged to pay or transfer the amount shown to the account specified on the invoice within 14 days of receipt of the invoice. Payment is due from the invoice date without deduction. After expiry of the payment period, which is thus determined by the calendar, the customer is in default even without a reminder. A right of retention of the customer, which is not based on the same contractual relationship, is excluded. Offsetting against customer claims is excluded unless these are undisputed or have been legally established.
The goods will be shipped immediately after receipt of the order. The dispatch takes place on average after 3 days at the latest. The entrepreneur undertakes to deliver on the 7th day after receipt of the order. The standard delivery time is 3 days (only applies to orthopedic products), unless otherwise stated in the item description. The provider either ships the order from their own warehouse as soon as the entire order is in stock there, or the order is shipped from the manufacturer as soon as the entire order is in stock there.
Consumers are entitled to a statutory right to liability for defects for the services offered in accordance with the relevant provisions of the German Civil Code (BGB). If there is a deviation from this, the warranty is based on the regulations written for this purpose in the General Terms and Conditions (GTC). If the customer is an entrepreneur, the warranty for used goods is excluded. This does not apply to customer claims for damages due to injury to life, limb, health or essential contractual obligations, which must be fulfilled in order to achieve the contractual objective. This also does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agent. Otherwise, the statutory provisions apply.
drafting of contracts
If the customer is an entrepreneur, the risk of accidental loss and/or accidental deterioration of the goods passes to the customer when the goods are handed over or, in the case of shipment, delivered to the selected service provider. The text of the contract is saved by the provider. The customer has no way of directly accessing the stored contract text. The customer can correct input errors during the ordering process. He can do this as follows: by e-mail or telephone.
Right of Withdrawal and Customer Service
Right of withdrawal
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving a reason.
The cancellation period is fourteen days from the day
- In the case of a contract of sale: on which you or a third party designated by you who is not the carrier took possession of the last goods.
- In the case of a contract for several goods which the consumer has ordered as part of a single order and which are delivered separately: where you or a third party designated by you who is not the carrier took possession of the last good.
- In the case of a contract for the delivery of goods in several partial consignments or pieces: on which you or a third party named by you who is not the carrier took possession of the last partial consignment or the last piece.
- In the case of a contract for the regular delivery of goods over a specified period of time: on which you or a third party designated by you who is not the carrier takes possession of the first goods.
If several alternatives come together, the last point in time is decisive.
In order to exercise your right of withdrawal, you must send us (Kavendor-Germany, Zollstockgurtel 65 50969 Köln) a clear declaration (e.g. a letter sent by post or email to email@example.com) about your decision to withdraw from this contract to revoke, to inform. Please send the goods to this address:
Kavendor-Germany GmbH, inch rule belt 65 in 50969 Cologne
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have to repay all payments that we have received from you, excluding the delivery costs , immediately and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract (return of the Goods) . For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must send the goods back to Kavendor-Germany GmbH, Zollstockgurtel 65 in 50969 Cologne without undue delay and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods .
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of revocation
Claims for damages by the customer are excluded unless otherwise stated for the following reasons. This also applies to the representative and vicarious agent of the provider if the customer raises claims for damages against them. Excluded are claims for damages by the customer due to injury to life, limb, health or essential contractual obligations, which must be fulfilled in order to achieve the contractual objective. This also does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agent.
Language, place of jurisdiction and applicable law
The contract will be drawn up in German. The further execution of the contractual relationship takes place in German. The law of the Federal Republic of Germany applies exclusively. For consumers, this only applies to the extent that it does not restrict any legal provisions of the country in which the customer has his domicile or habitual abode. The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law or special funds under public law is the registered office of the provider.