Terms and conditions

Terms and conditions


1. Scope 

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Martin Falcone (hereinafter referred to as "Seller") apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller in respect of the Seller's online store completed goods and / or services. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.

1.2 For the purchase of vouchers, these terms and conditions apply accordingly, unless expressly stipulated otherwise.

1.3 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur in the sense of these terms and conditions is any natural or legal person or a legal partnership that acts in the execution of a legal transaction in the exercise of their independent professional or commercial activity.


2. Conclusion of contract

 2.1 The product descriptions contained in the seller's online shop do not constitute binding offers by the seller, but serve to make a binding offer by the customer.

2.2 The customer may submit the offer via the online order form integrated in the online shop of the seller. In this case, after the customer has placed the selected goods and / or services in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer with regard to the goods and / or services contained in the shopping cart , Furthermore, the customer can also submit the offer by e-mail to the seller.

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

- by providing the customer with a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation at the customer is authoritative, or

- by delivering the ordered goods to the customer, in which case the access of the goods to the customer is decisive, or

- by asking the customer for payment after submitting his order.

If more than one of the alternatives mentioned above, the contract comes into effect at the time when one of the aforementioned alternatives occurs first. If the seller does not accept the offer of the customer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.


2.4 If the customer selects "PayPal Express" as a payment method in the online order process, he also issues a payment order to his payment service provider by clicking on the button that concludes the order process. Deviating from clause 2.3, the seller hereby already declares acceptance of the offer of the customer at the moment in which the customer triggers the payment process by clicking on the button concluding the order process.


2.5 The deadline for the acceptance of the offer begins on the day following the sending of the offer by the customer to run and ends with the expiry of the fifth day, which follows the dispatch of the offer.


2.6 When placing an offer via the online order form of the seller, the contract text will be stored by the seller and sent to the customer after sending his order in addition to the present terms and conditions in writing (eg e-mail, fax or letter). In addition, the text of the contract is archived on the seller's website and can be called up by the customer via his password-protected customer account with the corresponding login data, provided that the customer has created a customer account in the seller's online shop before sending his order.


2.7 Prior to binding submission of the order via the online order form of the seller, the customer can correct his inputs continuously using the usual keyboard and mouse functions. In addition, all entries before the binding submission of the order are displayed again in a confirmation window and can also be corrected there using the usual keyboard and mouse functions.


2.8 Only the German language is available for the conclusion of the contract.


2.9 Order processing and contacting are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order 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 emails sent by the seller or by third parties commissioned with the order processing can be delivered.


3. Cancellation policy

Consumers are in principle entitled to a right of withdrawal. Further information on the right of revocation result from the cancellation policy of the seller.


4. Prices and terms of payment

4.1 Unless otherwise stated in the seller's offer, the prices quoted are final prices that include statutory value added tax. If necessary, additional delivery and shipping costs are specified separately in the respective product description.


4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (eg transfer fees, exchange rate charges) or import duties or taxes (eg customs duties).


4.3 The customer has various payment options available, which are specified in the online shop of the seller.


4.4 If advance payment has been agreed, the payment is due immediately upon conclusion of the contract.


5. Delivery and shipping conditions

5.1 The delivery of goods shall be made on the way to the delivery address specified by the customer, unless otherwise agreed.


5.2 If the transport company sends the goods back to the seller, because a delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipping. This does not apply if the customer is not responsible for the circumstance leading to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller has informed him of the service a reasonable time in advance would have.


5.3 Basically, the risk of accidental loss and accidental deterioration of the goods sold with the transfer to the customer or a person entitled to receive. If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration in the sale of the consignment upon delivery of the goods to a suitable transport person at the place of business of the seller.


5.4 The seller reserves the right to withdraw from the contract in case of improper or improper self-delivery. This only applies in the event that the non-delivery is not responsible for the seller and this has completed with the required care, a concrete hedging transaction with the supplier. The seller will make every reasonable effort to obtain the goods. In the case of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.


5.5 In the case of self-pickup, the seller first informs the customer by e-mail that the goods ordered by him are ready for collection. Upon receipt of this e-mail, the customer may pick up the goods after consultation with the seller at the seller's domicile. In this case, no shipping costs will be charged.


6. Retention of title:

6.1 The consumer reserves the right of ownership of the delivered goods to consumers until full payment of the purchase price due.


6.2 With respect to entrepreneurs, the seller retains title to the delivered goods until full settlement of all claims arising from an ongoing business relationship.


6.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. All resulting claims against third parties, the customer in the amount of the respective invoice value (including sales tax) in advance from the seller. This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The right of the seller to collect the claims himself remains unaffected. However, the seller will not collect the receivables as long as the customer complies with his payment obligations to the seller, does not default on payment and has not filed for insolvency proceedings.


7. Liability for defects:


If there is a defect in the purchased item, the statutory provisions shall apply. Deviating from this applies to items that have not been used in accordance with their normal use for a building and have caused its defectiveness:


7.1 For entrepreneurs


- if an insignificant defect justifies no claims for defects,


- the seller has the choice of the type of remedy,


- For new goods, the limitation period for defects is one year from the transfer of risk.


- In the case of used goods, the rights and claims for defects 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 For consumers, the limitation period for claims for defects


- for new goods, two years from delivery of the goods to the customer.


- for used goods, one year from delivery of the goods to the customer, with the restriction of clause 7.3.


7.3 For entrepreneurs and consumers, the preceding limitation of liability and limitation period in Section 7.1 and Section 7.2 does not relate to claims for damages and reimbursement of expenses which the Buyer can assert in accordance with the statutory provisions for defects in accordance with Section 8.


7.4 In addition, for entrepreneurs, the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected. The same applies to entrepreneurs and consumers in case of intentional breach of duty and fraudulent concealment of a defect.


7.5 If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the obligation to inspect and to give notice pursuant to § 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.


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


7.7 If the subsequent performance has been made by means of a replacement delivery, the customer is obliged to return the goods delivered first within 30 days to the seller at his expense. The return of the defective goods must be made in accordance with the statutory provisions.

8. Liability

The seller shall be liable to the customer for all contractual, contractual and statutory, 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 case of negligent or intentional injury to life, body or health,


- on the basis of a guarantee, unless otherwise stipulated,


- due to mandatory liability, such as under the Product Liability Act.


8.2 If the seller negligently violates a material contractual obligation, the liability is limited to the contractually typical, foreseeable damage, unless unlimited liability is assumed in accordance with clause 8.1. Significant contractual obligations are obligations which the contract imposes on the seller according to its content for the purpose of achieving the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer can regularly rely.


8.3 Incidentally, 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. Indemnification for infringement of third-party rights

If, after the content of the contract, the seller owes not only the delivery of goods but also the processing of the goods according to the customer's specifications, the customer must ensure that the content provided to the seller by him for the purpose of processing does not infringe the rights of third parties (eg copyrights or Trademark rights). The customer indemnifies the seller against claims of third parties which they may assert against the seller in connection with a breach of their rights as a result of the contractual use of the contents of the customer by the seller. The customer also assumes the reasonable costs of the necessary legal defense, including all court and legal fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. The customer is obliged


10. Applicable law

For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

Onlineshop OM Comfort