Terms customer information

Terms customer information

Table of Contents

  1. Scope
  2. conclusion of contract
  3. Right to cancel

  4. Prices and terms of payment
  5. Delivery and shipping conditions
  6. Retention of title
  7. Liability for defects (warranty)
  8. Liability
  9. Special conditions for the processing of goods according to specific specifications of the customer
  10. Redeeming promotional vouchers
  11. Redeeming Gift Vouchers
  12. Applicable Law
  13. Jurisdiction
  14. Code of Conduct
  15. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Comling GmbH (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer's own conditions is hereby contradicted, unless otherwise agreed.

1.2 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.

1.4 An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the online shop of the seller do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking on the button that completes the ordering process. The customer can also submit the offer to the seller by email, online contact form, post or telephone.

2.3 The seller can accept the customer's offer within five days,

  • By sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer is decisive, or
  • By delivering the ordered goods to the customer, in so far as the access of the goods to the customer is relevant, or
  • by asking the customer to pay after placing his order.

Where several of the above alternatives are present, the contract shall come into force at the time when one of the above alternatives occurs first. The deadline for the acceptance of the offer begins on the day after the submission of the offer by the customer and ends with the expiry of the fifth day following the submission of the offer. If the seller does not accept the offer of the customer within the aforementioned deadline, this shall be deemed a rejection of the offer with the result that the customer is no longer bound to his consent.

2.4 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller does not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be called up free of charge by the customer via his password-protected user account by providing the corresponding login data.

2.5 Before submitting a binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.

2.6 Different languages ​​are available for concluding the contract. The specific language selection is displayed in the online shop.

2.7 The order processing and contact usually takes place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.

3) Right of Withdrawal

3.1 In principle, consumers are entitled to a right of withdrawal.

3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.

3.3 The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of the conclusion of the contract.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option (s) will be communicated to the customer in the online shop of the seller.

4.4 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If you select the purchase on account payment method, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deductions within 14 (fourteen) days of receipt of the invoice, unless otherwise agreed. The seller reserves the right to only offer the purchase on account payment method up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop. The seller also reserves the right to carry out a credit check when selecting the purchase on account payment method and to reject this payment method if the credit check is negative.

4.6 If you select the purchase on account payment method, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deductions within 30 (thirty) days from receipt of the invoice, unless otherwise agreed. The seller reserves the right to only offer the purchase on account payment method up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop. The seller also reserves the right to carry out a credit check when selecting the purchase on account payment method and to reject this payment method if the credit check is negative.

4.7 If you select the purchase on account payment method, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deductions within 7 (seven) days of receipt of the invoice, unless otherwise agreed. The seller reserves the right to only offer the purchase on account payment method up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop. The seller also reserves the right to carry out a credit check when selecting the purchase on account payment method and to reject this payment method if the credit check is negative.

4.8 If you choose to pay by invoice, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction within the period specified on the invoice, unless otherwise agreed. The seller reserves the right to only offer the payment method by invoice up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of any corresponding payment restrictions in the payment information in the online shop. The seller also reserves the right to conduct a credit check if you choose to pay by invoice and to reject this payment method if the credit check is negative.

4.9 If you select the purchase on account payment method, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to only offer the purchase on account payment method up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will point out a corresponding payment restriction to the customer in his payment information in the online shop.

4.10 If you select the purchase on account payment method, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deductions within 30 (thirty) days from receipt of the invoice, unless otherwise agreed. The seller reserves the right to only offer the purchase on account payment method up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.

4.11 If you choose the payment method purchase on account, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.

4.12 If you choose to pay by invoice, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction within the period specified on the invoice, unless otherwise agreed. The seller reserves the right to only offer the payment method by invoice up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of any corresponding payment restrictions in the payment information in the online shop.

5) Delivery and shipping conditions

5.1 If the seller offers to ship the goods, the delivery takes place within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.

5.2 For goods delivered by freight forwarding, delivery is made “free curbside”, i.e. to the nearest public curb to the delivery address, unless otherwise stated in the shipping information in the seller’s online shop and unless otherwise agreed.

5.3 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.

5.4 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the forwarding agent, carrier or other person or institution responsible for carrying out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold only passes when the goods are handed over to the customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer for consumers as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the Customer has commissioned the forwarding agent, carrier or other person or institution responsible for carrying out the shipment and the seller has not previously named this person or institution to the customer.

5.5 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to himself. This only applies in the event that the seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.6 If the seller offers the goods for collection, the customer can pick up the ordered goods within the business hours specified by the seller at the address given by the seller. In this case, no shipping costs will be charged.

5.7 Vouchers are provided to the customer as follows:

  • via download
  • by email
  • postal

6) Retention of title

If the seller delivers in advance, he retains title to the delivered goods until full payment of the owed purchase price.

7) Liability for defects (guarantee)

Unless otherwise specified in the following regulations, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the customer acts as an entrepreneur,

  • the seller has the choice of the type of supplementary performance;
  • For new goods, the limitation period for claims for defects is one year from delivery of the goods;
  • In the case of used goods, the warranty rights are excluded;
  • the statute of limitations does not start again if a replacement delivery takes place within the scope of the liability for defects.

7.2 If the customer acts as a consumer, the following applies to contracts for the delivery of used goods with the restriction of the following number: The limitation period for claims for defects is one year from delivery of the goods if this has been expressly and separately contractually agreed between the parties and the customer before submitting his contractual declaration was specifically informed of the shortening of the limitation period.

7.3 The limitations of liability and shortening of deadlines set out above do not apply

  • for claims for damages and reimbursement of expenses by the customer,
  • in the event that the seller has fraudulently concealed the defect,
  • for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
  • for any existing obligation on the part of the seller to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.

7.4 In addition, it applies to entrepreneurs that the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial inspection and complaint obligation in accordance with Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations stipulated there, the goods are deemed to have been approved.

7.6 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.

8) liability

The seller is liable to the customer for all contractual, contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:

8.1 The seller is fully liable for any legal reason

  • in case of intent or gross negligence,
  • in the event of willful or negligent injury to life, body or health,
  • on the basis of a guarantee promise, unless otherwise regulated in this regard,
  • due to mandatory liability such as under the Product Liability Act.

8.2 If the seller negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless there is unlimited liability in accordance with the preceding paragraph. Essential contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the customer can regularly rely.

8.3 Incidentally, a liability of the seller is excluded.

8.4 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.

9) Special conditions for the processing of goods according to specific specifications of the customer

9.1 If, according to the content of the contract, the seller owes not only the delivery of goods but also the processing of the goods according to specific specifications of the customer, the customer must provide the seller with all content required for processing such as texts, images or graphics in the file formats, formatting, image and file sizes and to grant him the necessary rights of use. The customer alone is responsible for obtaining and acquiring rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, he ensures that no rights of third parties are violated, in particular copyrights, trademarks and personal rights.

9.2 The customer indemnifies the seller against third-party claims that they may assert against the seller in connection with a violation of their rights through the contractual use of the customer's content by the seller. The customer also assumes the necessary costs of legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller with all information that is necessary for the examination of the claims and a defense without delay, truthfully and completely.

9.3 The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or official prohibitions or violates common decency. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to young people and/or glorifies violence.

10) Redeeming Promotional Vouchers

10.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only during the specified period.

10.2 Individual products can be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.

10.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

10.4 Only one promotional voucher can be redeemed per order.

10.5 If the promotional voucher refers to a specific value and not a percentage discount, the value of the goods must be at least equal to the value of the promotional voucher. Any remaining balance will not be refunded by the seller.

10.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

10.7 The balance of a promotional voucher is neither paid out in cash nor does it earn interest.

10.8 The campaign voucher will not be refunded if the customer returns the goods that were paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.

10.9 The promotional voucher is transferable. The seller can pay the respective owner who redeems the promotional voucher in the seller's online shop with a discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization of the respective owner.

11) Redeeming Gift Certificates

11.1 Vouchers that can be purchased via the seller's online shop (hereinafter referred to as “gift vouchers”) can only be redeemed in the seller's online shop, unless otherwise stated in the voucher.

11.2 Gift vouchers and remaining balance of gift vouchers can be redeemed by the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.

11.3 Gift vouchers can only be redeemed before the order process has been completed. Subsequent billing is not possible.

11.4 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.

11.5 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

11.6 The balance of a gift voucher is neither paid out in cash nor does it earn interest.

11.7 The gift voucher is transferable. The seller can, with a discharging effect, make payments to the respective owner who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization of the respective owner.

12) Applicable law

12.1 For all legal relations of the parties, the law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice is valid only in so far as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

12.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.

13) Jurisdiction

If the customer acts as a merchant, legal entity under public law or special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer is located outside the territory of the Federal Republic of Germany, the place of business of the seller is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. However, in the above cases, the seller is in any case entitled to call the court at the customer's place of business.

14) behavioral code

15) Alternative Dispute Resolution

The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

16) Special conditions for the purchase of our products

Only adults are permitted to purchase our products. By completing the order, the customer confirms that they are at least 18 years old.
Our products are not intended for consumption or any other ingestion. They are intended solely for the stated, legally permissible purposes.
The customer is advised to use the products exclusively in accordance with the stated purposes.
The customer is obliged to keep the products away from children and to observe the applicable safety and care obligations.
Liability for damages resulting from injury to life, body or health, as well as in cases of intent and gross negligence, remains unaffected.
Use contrary to these provisions may lead to the exclusion or limitation of warranty and damage claims, insofar as the damages are based on the improper use.

17) International Shipments & Import Regulations

For deliveries to countries outside the European Union, the customer is responsible for complying with the respective national import regulations. This includes, in particular, any import restrictions or prohibitions, as well as the payment of any applicable import duties, customs fees, and taxes.
The customer is obliged to cooperate to a reasonable extent in the customs clearance process and to provide the necessary documents.
The statutory provisions regarding the transfer of risk remain unaffected. In the case of consumers, the risk of accidental loss or accidental damage to the goods only passes to the customer upon delivery of the goods.
If delivery fails for reasons attributable to the customer (in particular due to lack of cooperation with customs clearance, unavailability or refusal to accept delivery), we are entitled to charge the customer for the resulting additional costs (in particular return transport, storage and processing costs).
If the goods are returned to us in such a case, the purchase price will be refunded less the actual costs incurred.
A refund is excluded if the goods cannot be returned due to legal regulations, official measures or actual obstacles, provided that we are not responsible for this.

18) Legal responsibility of the customer

The customer is responsible for informing themselves about the legal permissibility of acquiring, importing, possessing and using the ordered goods in their country before placing the order.
Any legal restrictions or prohibitions in the destination country are generally the responsibility of the customer, provided that we have properly complied with our information obligations and that no mandatory legal provisions preclude this.

19) Delivery restrictions

We reserve the right to refuse orders before accepting the customer's offer.
After conclusion of the contract, we are entitled to withdraw from the contract if the delivery of the goods is inadmissible or impossible for legal reasons or if there are unreasonable shipping obstacles.
This applies in particular if legal regulations in the destination country prevent delivery or if import restrictions exist.
In the event of a justified cancellation, payments already made will be refunded immediately.
Further claims by the customer exist only within the framework of the statutory regulations.

20) Set-off and netting

We are entitled to offset our own claims against the customer with claims of the customer, provided that the respective claims are objectively related. This applies in particular to costs arising from return transport, storage, processing or other additional expenses.
The customer is only entitled to offset if his counterclaim is undisputed, legally established or ready for a decision.

21) Return policy

In the event of a cancellation, the customer must return the goods to us within fourteen days at the latest.
The customer is only required to inspect the goods to the extent necessary to determine their condition, properties and functionality.
Compensation for any loss in value of the goods is only payable if this loss in value is due to handling of the goods that was not necessary for examining their nature, characteristics and functioning, and if the customer has been properly informed about their right of withdrawal.
Further legal claims remain unaffected.