Terms and conditions
General Terms and Conditions with customer information
Table of contents
1. Scope of application
2. Conclusion of contract
3. Cancellation rights
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of ownership
7. Liability for defects (Guarantee)
8. Redemption of advertising campaign vouchers
9. Redemption of gift certificates
10. Applicable law
11. Place of jurisdiction
12. Information about on-line resolution of disputes
1) Scope of application
1.1 These General Terms and Conditions of Business (hereinafter "GTC") of ComfyLight GmbH (hereinafter the "Seller") shall apply to all contracts that a consumer or an entrepreneur (hereinafter the "Customer") concludes with the Seller in regard to the products and/or services offered by the Seller in its on-line shop. The inclusion of the Customer's own terms and conditions is rejected hereby, unless something to the contrary is agreed.
1.2 These GTCs shall apply accordingly to contracts for the delivery of vouchers and certificates, unless a different agreement is expressly reached.
1.3 The consumer within the meaning of these GTCs is any natural person who concludes a legal transaction for purposes that largely cannot be assigned to either their commercial or independent professional work. An entrepreneur within the meaning of these GTCs is a natural person or legal entity or a registered partnership that acts in the conclusion of a legal transaction by performing a commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions provided in the Seller's on-line shop do not represent binding offers made by the Seller, but rather are intended for the submission of a binding offer by the Customer.
2.2 The Customer may submit the offer through the on-line order form integrated in the Seller's on-line shop. After the Customer has placed the selected products and/or services in its virtual cart and completed the electronic order process, it submits a legally binding contract offer in regard to the products and/or services in its cart by clicking the button to finish the order process.
2.3 The Seller may 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 email), with the Customer's receipt of the order confirmation being authoritative in this regard; or by delivering the ordered product to the Customer, with the Customer's receipt of the product being authoritative in this regard; or by asking the Customer to make payment after its submission of the order. If more than one of the aforesaid alternatives occurs, the contract shall materialise at the time when the first of the aforesaid alternatives happens. If the Seller does not accept the Customer's offer within the aforesaid period, such shall be deemed a rejection of the offer with the consequence that the Customer is no longer tied to its declaration of intent.
2.4 The period for accepting the offer shall begin on the day after the Customer's despatch of the offer and shall conclude at the end of the fifth day that follows the despatch of the offer.
2.5 When the Customer submits an offer via the Seller's on-line order form, the contract text is saved by the Seller and sent to the Customer after despatch of its order along with these GTCs in text form (e.g., email, fax or letter). In addition, the contract text is archived at the Seller's website and may be retrieved by the Customer via its password-protected Customer account and entry of its appropriate log-in data free of charge, if the Customer sets up an account in the Seller's on-line shop before sending its order.
2.6 Prior to the binding submission of the order via the Seller's on-line order form, the Customer may continually update its entries via the usual keyboard and mouse functions. In addition, all entries are displayed in a confirmation window before the binding submission of the order and can also be corrected by means of the usual keyboard and mouse functions.
2.7 Solely German shall be used for the conclusion of a contract.
2.8 The processing of the order and the initiation of contact usually takes place by email and automatic order processing. The Customer must ensure that the email address it entered for the order processing is correct, so that the emails sent by the Seller can be received at this address. If the Customer uses SPAM filters, it must ensure in particular that all emails sent by the Seller or third parties engaged by the Seller to process the order can be delivered.
3) Cancellation rights
3.1 Consumers are fundamentally entitled to cancellation rights .
4) Prices and payment terms
4.1 If nothing to the contrary is provided on the basis of the Seller's product description, the indicated prices are total prices that include the statutory value-added tax (VAT). If additional delivery or shipping costs are incurred, they shall be indicated in the respective description of the product.
4.2 The Customer has various payment methods that are indicated in the Seller's on-line shop.
4.3 If payment is made by a method offered by PayPal, the payment shall be processed through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (in the following: "PayPal"), with the application of PayPal's terms and conditions of usage (viewable at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full), or - if the Customer does not have a PayPal account – with the application of PayPal's terms and conditions for payment without a PayPal account (viewable at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full).
4.4 SEPA: By submitting your bank account details you give us the permission to collect outstanding invoice amounts from your bank account. This mandate will expire after 36 months unless you have placed within this period no order by direct debit. You’ll receive an email including your mandate reference number.
4.5 Sofortüberweisung (Immediate bank transfer): the safest and fastest way. The charge is debited on the day of the order. We will receive the transfer credit immediately. This speeds up the entire order process. You only need your account number, sort code (BLZ), PIN and TAN. sofortüberweisung automatically initiates a transfer in your on-line bank account in real time via Sofort AG's secured payment form that cannot be accessed by merchants. The purchase amount shall be transferred immediately and directly to the merchant's bank account. When the "sofortüberweisung" payment method is selected, a pre-populated form opens at the end of the order process. This already includes our bank information. Furthermore, the amount to be transferred and the purpose (memo) shall be showed in the form. You must now select the country in which you have your on-line banking account and the sort code (BLZ). Then enter the same data as you would when signing into on-line banking (account number and PIN). Confirm your order by entering the TAN. Immediately afterwards, you will receive confirmation of the transaction. Fundamentally, every user of the internet can use sofortüberweisung as a payment method, if it has an activated on-line banking account with a PIN/TAN procedure. Please remember that sofortüberweisung is not yet available with a few banks. You will find more information about whether your bank supports this service here: https://www.sofort.com/ger-DE/general/fuer-kaeufer/fragen-und-antworten/
4.6 Credit cards (as Mastercard, Visa): Your account will be debited after completing the order in the shop.
5) Delivery and shipping conditions
5.1 Products shall be delivered by shipment to the delivery address provided by the Customer, if nothing to the contrary is agreed. In the processing of the transaction, the delivery address provided for the Seller's order processing shall be authoritative. In deviation therefrom, if the PayPal payment method is selected, the delivery address saved in PayPal at the time of payment shall be authoritative.
5.2 If the transport company sends the shipped products back to the Seller, because delivery to the Customer was not possible, the Customer shall bear the costs for failed delivery. This shall not apply if the Customer effectively exercises its cancellation rights, if it is not responsible for the circumstance that led to the delivery failure, or if it was temporarily prevented from accepting the offered performance, unless the Seller announced the performance with reasonable advanced notice.
5.3 Self-collection is not possible for logistical reasons.
6) Retention of ownership
If the Seller provides performance in advance, it shall retain the ownership of the delivered products until full payment of the owed purchase price.
7) Liability for defects (guarantee)
7.1 If the purchased product is defective, the provisions in statutory liability for defects shall apply.
7.2 The Customer is asked to complain to the delivery company about delivered products in the case of evident transport damage at the time of delivery and to notify the Seller immediately thereof. If the Customer does not comply with this request, such shall not have any impact on its statutory or contractual claims of defects.
8) Redemption of advertising campaign vouchers
8.1 Vouchers which are issued for free by the Seller within the scope of advertising campaigns with a specific period of validity and cannot be purchased by the Customer (hereinafter "advertising campaign vouchers") may only be redeemed in the Seller's on-line shop and only in the indicated period.
8.2 Individual products can be excluded from the voucher campaign, if there is an appropriate limitation on the basis of the content of the advertising campaign voucher.
8.3 Advertising campaign vouchers can only be redeemed prior to the conclusion of the order process. Subsequent offsetting is not possible.
8.4 Only one advertising campaign voucher may be redeemed per order.
8.5 If the value of the advertising campaign voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.
8.6 The credit for an advertising campaign voucher shall not be paid out in cash or bear interest.
8.7 The advertising campaign voucher shall not be reimbursed if the Customer returns the product paid in full or in part with the advertising campaign voucher on account of its statutory cancellation rights.
8.8 The advertising campaign voucher can be transferred. The Seller may perform with a discharging effect in regard to the respective owner who redeems the advertising campaign voucher in the Seller's on-line shop. This shall not apply if the Seller has knowledge, or lacks knowledge due to gross negligence, of the non-authorisation, incapacity for business or lacking authorisation for representation of the respective owner.
9) Applicable law
Law in the Federal Republic of Germany shall apply to all the parties' legal relationships to the exclusion of laws on the international sale of goods. In the case of consumers, this choice of law is only applicable to the extent that the granted protection is not disallowed by mandatory provisions in the law of the country in which the consumer has its place of residence.
10) Place of jurisdiction
If the Customer is a merchant, legal entity under public sector law or a special fund under public law with its registered headquarters in the sovereign territory of the Federal Republic of Germany, the sole place of jurisdiction for all disputes arising from these GTCs is the business headquarters of the Seller. If the Customer has its headquarters outside of the sovereign territory of the Federal Republic of Germany, the business headquarters of the Seller shall be the sole place of jurisdiction for all disputes arising from this contract, if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. In the aforementioned cases, however, the Seller shall be entitled in any case to appeal to the court at the headquarters of the Customer.
11) Information about on-line resolution of disputes
In the first quarter of 2016, the EU Commission provided an internet platform for the on-line resolution of disputes (so-called "OS platform"). The OS platform is intended as a place for out-of-court resolution of disputes related to contractual obligations that arise from on-line purchase agreements.
The OS platform can be reached under the following link: http://ec.europa.eu/consumers/odr