Conditions

General Terms and Conditions

 

Contracting Parties

Based on these General Terms and Conditions (GTC), the contract is concluded between the customer and
Kavendor-Germany GmbH - Brandname Comfizz
Address: Zollstockgürtel 65, 50969 Cologne

Commercial Register: IHK Köln
Commercial Register Number: HRB 109519
VAT Identification Number: [DE352487716]
, hereinafter referred to as the provider.

Subject of the Contract

This contract governs the sale of new goods through the provider's online shop. For details of each offer, please refer to the product description on the offer page.

Conclusion of Contract

The contract is concluded exclusively via electronic transactions through the shop system. The offers presented constitute a non-binding invitation for the customer to submit an offer through their order, which the provider may then accept.

The ordering process for concluding the contract in the shop system includes the following steps:

  • Clicking the 'Order with obligation to pay' button

The contract is concluded upon sending the order confirmation.

Contract Duration

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 received.

Reservations

The provider reserves the right to provide a service of equivalent quality and price. The service displayed in the shop is exemplary and not the individual, contractual service. The provider reserves the right not to provide the promised service in the event of its unavailability.

Prices, Shipping Costs, Return Costs, Customs

All prices are final prices and include statutory VAT. The minimum order value is €0.01. The following flat-rate shipping costs apply once per order: Germany: €6.60 EU: From €9.99 International: From €10.90. For larger consignments of goods as well as multiple quantities, we charge up to €19,- Euro shipping costs. For partial deliveries, the flat rate is charged only once. If there is a right of withdrawal and this right is exercised, the customer bears the costs of returning the goods.

Customs and Import Fees
Buyers are responsible for any applicable customs or import fees. We are not responsible for delays caused by customs.

Terms of Payment

The customer has exclusively the following payment options: advance bank transfer, 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 in the invoice, which contains all transfer details and is sent by email, after receipt of the invoice. The invoice amount is to be transferred in advance to the account specified in the invoice, which contains all transfer details and is sent with the delivery, after receipt of the invoice. The invoice amount will be collected by the provider via direct debit based on the direct debit authorization by the customer from their specified account. For cash on delivery, the cash on delivery amount is paid in cash to the deliverer 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 between them. The escrow service/payment service provider forwards the customer's payment to the provider. Further information can be found 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 dispatched. The customer is obliged to pay or transfer the amount shown on the invoice 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 the expiry of the payment period, which is thus determined by calendar, the customer is in default even without a reminder. A right of retention by the customer, which is not based on the same contractual relationship, is excluded. Offsetting with claims of the customer is excluded, unless these are undisputed or legally established.

Delivery Conditions

The goods will be dispatched immediately upon receipt of the order. Dispatch usually takes place within 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, unless otherwise stated in the item description. The provider dispatches the order either from its own warehouse as soon as the entire order is in stock there, or the order is dispatched by the manufacturer as soon as the entire order is in stock there.

Warranty

Consumers are entitled to a statutory right of liability for defects for the services offered, in accordance with the relevant provisions of the German Civil Code (BGB). If deviations are made, the warranty is governed by the regulations set forth in these General Terms and Conditions (GTC). If the customer is an entrepreneur, the warranty for used goods is excluded. This does not apply to claims for damages by the customer due to injury to life, body, health or essential contractual obligations that must necessarily be fulfilled to achieve the contractual objective. Nor does it apply to claims for damages due to grossly negligent or intentional breach of duty by the provider or its legal representative or vicarious agent. Otherwise, the statutory provisions apply.

Contract Design

If the customer is an entrepreneur, the risk of accidental loss and/or accidental deterioration of the goods passes to the customer upon handover, or upon dispatch, upon delivery of the goods to the selected service provider. The contract text is stored by the provider. The customer has no direct access to the stored contract text. The customer can correct errors in the input during the ordering process. To do this, they can proceed as follows: By mail or phone.

Right of Withdrawal and 

customer service

Instructions on Right of Withdrawal

Right of Withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period is 14 days from the day,

    • In the case of a sales contract: on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
    • In the case of a contract for several goods ordered by the consumer as part of a single order and delivered separately: on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
    • In the case of a contract for the delivery of goods in several partial shipments or pieces: on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last partial shipment or the last piece.
    • In the case of a contract for the regular delivery of goods over a fixed period: on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the first goods.

If several alternatives apply, the last point in time is decisive.

To exercise your right of withdrawal, you must inform us (Kavendor-Germany, Zollstockgürtel 65 50969 Cologne) by means of a clear statement (e.g., a letter sent by post or email to order@comfizz-germany.de) of your decision to withdraw from this contract. Please send the goods to this address:

Kavendor-Germany GmbH, Comfizz-germany, Zollstockgürtel 65 in 50969 Cologne

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse you all payments we have received from you, excluding the delivery costs, without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract (return of the goods). For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.

You must return or hand over the goods to Kavendor-Germany GmbH, Comfizz-Germany Zollstockgürtel 65 in 50969 Cologne without undue delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.

You bear the direct cost of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the quality, characteristics and functioning of the goods.

End of instructions on right of withdrawal

Disclaimer of Liability

Claims for damages by the customer are excluded, unless otherwise stipulated in the following reasons. This also applies to the provider's representative and vicarious agent if the customer asserts claims for damages against them. Excluded are claims for damages by the customer due to injury to life, body, health or essential contractual obligations, which must necessarily be fulfilled to achieve the contractual objective. This also does not apply to claims for damages due to grossly negligent or intentional breach of duty by the provider or its legal representative or vicarious agent.

Language, Jurisdiction and Applicable Law

The contract is drawn up in German. The further execution of the contractual relationship will be in German. The law of the Federal Republic of Germany applies exclusively. For consumers, this only applies to the extent that no statutory provisions of the state in which the customer has their domicile or habitual residence are thereby restricted. 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.