Welcome to the official Comfort Zone website!
§ 1 Scope
(1) The services of the provider for the German-language web store on the website www.comfortzoneskin.de and the associated subdomains are provided exclusively on the basis of the following General Terms and Conditions (GTC) in the version valid at the time of the order.
(2) The range of products offered by the German-language web store www.comfortzoneskin.de is aimed exclusively at customers resident in the Federal Republic of Germany. Customers can be entrepreneurs or consumers.
An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity (§ 14 BGB, hereinafter referred to as "entrepreneur").
A consumer is any natural person who concludes a legal transaction for a purpose that can be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB, hereinafter referred to as "consumer").
(3) General terms and conditions of the Customer shall not apply, even if the Provider does not separately object to their validity in individual cases.
§ 2 Conclusion of contract
(1) The offers of the provider on the Internet represent a non-binding invitation to the customer to order goods.
(2) The customer makes a binding offer when he has gone through the online ordering process by entering the information requested there and clicks the button ["Order for payment"] in the last ordering step.
(3) The Provider may accept this offer by sending an acceptance confirmation by e-mail or by delivering the goods. The receipt of the orders will be confirmed electronically without delay. If the customer does not receive an order confirmation within two weeks, he is no longer bound to the order.
(4) The contract shall be concluded exclusively in German.
§ 3 Right of revocation
§ 3.1 Right of revocation for consumers
(1) Consumers have a statutory right of revocation. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
(2) If the customer is a consumer, he has a right of withdrawal (§ 312d in conjunction with § 355 BGB). A corresponding revocation instruction is attached to these GTC. The revocation instruction is furthermore displayed to the customer prior to the submission of his binding order and can be accessed at any time on the website www.comfortzoneskin.de by clicking on the button "Revocation instruction".
§ 3.2 Exclusion of the right of revocation
(1) Pursuant to § 312 g para. 2 BGB, the right of revocation shall not apply to the following contracts:
(2) Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
(3) Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery.
§ 4 Ordering steps
You order in our store by going through the following steps.
(1) In our store, you can place the items you have selected in your virtual shopping cart by clicking on the symbol without obligation.
(2) You can view all the items you have placed in your shopping cart by clicking on the "Shopping Cart Icon" button at the top right of the web page. Here you can also delete items or change the quantity.
(3) If you want to buy the items from your shopping cart, click ["Order"]. This will take you to the order process. Here you can optionally create a customer account.
(4) In the order process you then enter your delivery and payment data.
You can also correct or change your order data here by clicking the previous "back".
(6) By clicking on the button ["Order with obligation to pay"] you send your order to us. By doing so, you offer us the conclusion of a purchase contract. You will first receive an e-mail confirming receipt of your order. As soon as we have processed your order, you will receive the order confirmation by e-mail.
(7) The information about the time of the conclusion of the contract can be found in the corresponding section in the
§ 5 Payment, Default
(1) The prices listed on the German-language version of the website www.comfortzoneskin.de and the associated subdomains at the time of the order shall apply. All prices are valid plus the legal value added tax as well as plus the in each case specified forwarding expenses.
(2) Payment of the purchase price is only possible by prepayment. Customers have various payment options available, which are indicated in the online store of the provider.
(3) With a click on the "Order with obligation to pay"-button the purchase price will be invoiced.
§ 6 Offsetting/ Retention of title
(1) The customer is only entitled to set-off rights if his counterclaims are legally established, undisputed or recognized by the provider. The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
(2) The goods delivered by the Provider to the Customer shall remain the property of the Provider until full payment of all secured claims. The goods as well as the goods covered by the retention of title taking their place according to the following provisions are hereinafter referred to as "goods subject to retention of title".
(3) The Customer shall store the Reserved Goods free of charge for the Provider.
(4) The Customer shall be entitled to process and sell the Retained Goods in the ordinary course of business until such time as the Retained Goods become realizable. Pledges and transfers of ownership by way of security are not permitted.
(5) If the reserved goods are processed by the Customer, it is agreed that the processing shall be carried out in the name and for the account of the Provider as manufacturer and that the Provider shall acquire direct ownership or - if the processing is carried out from materials of several owners or the value of the processed item is higher than the value of the reserved goods - co-ownership (fractional ownership) of the newly created item in the ratio of the value of the reserved goods to the value of the newly created item. In the event that no such acquisition of ownership should occur on the part of the Supplier, the Customer shall already now transfer its future ownership or - in the above-mentioned ratio - co-ownership of the newly created item to the Supplier as security. If the reserved goods are combined or inseparably mixed with other items to form a single item and if one of the other items is to be regarded as the main item, the Supplier shall, insofar as the main item belongs to it, transfer to the Customer pro rata co-ownership of the single item in the ratio specified in sentence 1.
(6) In the event of resale of the reserved goods, the customer hereby assigns to the supplier by way of security the resulting claim against the purchaser - in the event of co-ownership of the supplier in the reserved goods, in proportion to the co-ownership share. The same applies to other claims that take the place of the reserved goods or otherwise arise with respect to the reserved goods, such as insurance claims or claims in tort for loss or destruction. The supplier revocably authorizes the customer to collect the claims assigned to the supplier in his own name. The Provider may only revoke this collection authorization in the event of liquidation.
(7) If third parties gain access to the reserved goods, in particular by seizure, the Customer shall immediately notify them of the Provider's ownership and inform the Provider thereof in order to enable the Provider to enforce its ownership rights. If the third party is not in a position to reimburse the Provider for the court or out-of-court costs incurred in this connection, the Customer shall be liable to the Provider for this.
(8) The Provider shall release the goods subject to retention of title as well as the items or claims replacing them if their value exceeds the amount of the secured claims by more than 50%. The selection of the items to be released thereafter shall be at the supplier's discretion.
(9) If the supplier withdraws from the contract in case of breach of contract by the customer - in particular default of payment - the supplier is entitled to demand the return of the reserved goods.
§ 7 Delivery
(1) Goods ordered via the German-language webshop on the website www.comfortzoneskin.de will be shipped exclusively within Germany.
(2) The goods are shipped exclusively via a transport company of the provider's choice. A delivery of the goods to packing stations is not possible.
(3) Delivery will be made after receipt of payment. The provider informs on the product pages about the expected delivery times. The start of the stated delivery time requires the timely and proper fulfillment of the obligations of the customer, in particular the correct specification of the delivery address in the context of the order.
(4) In case of delays in delivery, the provider will inform the customer immediately.
(5) If the Provider is not able to deliver the ordered goods through no fault of its own because the Provider's supplier does not fulfill its contractual obligations, the Customer shall be informed immediately that the ordered goods are not available. Already rendered counter-performances of the contractual partner will be refunded immediately. The legal claims of the customer remain unaffected.
§ 8 Default of acceptance
(1) If the Customer is in default of acceptance or culpably violates other obligations to cooperate, the Provider is entitled to demand compensation for any damages incurred, including any additional expenses. Further claims remain reserved.
(2) Interest shall be charged on the purchase price during the period of default. The default interest rate shall be five percentage points above the base interest rate per annum for consumers and nine percentage points above the base interest rate per annum for entrepreneurs.
(3) For its part, the customer shall have the right to prove that no damage or at least substantially less damage has been incurred in the amount demanded. The risk of accidental loss or accidental deterioration of the object of sale shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor's delay.
§ 9 Warranty
(1) Legal warranty rights exist for all products from the provider's store.
(2) The customer will check immediately upon receipt of the goods whether they correspond to the ordered quantity and type and whether there are any externally visible transport damage or externally visible defects.
§ 10 Costs of return shipment in case of revocation
In the event of an effective revocation, the customer shall bear the direct costs of returning the goods.
§ 11 Liability
(1) The supplier is liable according to the legal regulations, as far as the cause of damage is based on an intentional or grossly negligent breach of duty committed by him, his legal representatives or by his vicarious agents.
(2) Furthermore, the Provider shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the Customer regularly relies. In this case, however, the Provider shall only be liable for the foreseeable damage typical for the contract. The Provider shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences.
(3) The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected.
(4) Insofar as the liability of the Provider is excluded or limited, this shall also apply to the personal liability of its employees, legal representatives and vicarious agents.
§ 12 Data Protection
§ 13 Dispute resolution
The EU Commission offers the possibility of online dispute resolution on the OS platform operated by it. Consumers can use this ODR platform to resolve their disputes in connection with online purchase contracts or online service contracts. The ODR platform can be accessed via the external link http://ec.europa.eu/consumers/odr/.
§ 14 Applicable law, place of jurisdiction
(1) Applicable law is the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, insofar as this choice of law does not result in a consumer being deprived of mandatory consumer protection standards.
(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with the relevant contractual relationship shall be the Provider's place of business. A merchant is a person who operates a commercial enterprise or who is classified as a merchant for other legal reasons in the German Commercial Code (HGB). However, the provider is also entitled to sue the customer at the court of his residence.
§ 15 Final clause
If any provision in these GTC is invalid, void or for any reason unenforceable, such provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
The purchase contract is concluded with:
[comfort zone] Germany GmbH
Managing director authorized to represent:
Paul Christian Siero
Phone: +49 (0) 211 2109070
Register court: Local court Essen
Registration number: HRB 26469
Sales tax identification number: DE 815143473