General terms and conditions
The rules for your purchase at MrCOLOMBO.
These terms and conditions govern the contractual relationship between you and MrCOLOMBO for orders via www.mrculombo.com - including ordering, payment, delivery and returns.
Table of Contents
- Scope of Application
- Conclusion of the Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Terms
- Retention of Title
- Liability for Defects (Statutory Warranty)
- Liability
- Applicable Law
- Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter “GTC”) of Janathan Rajakumar, trading as “MrCOLOMBO” (hereinafter “Seller"), shall apply to all contracts for the delivery of goods which a consumer or trader (hereinafter “Customer”) concludes with the Seller in respect of the goods presented by the Seller in his online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his self-employed professional activity.
1.3 A trader within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
2) Conclusion of the Contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after having placed the selected goods in the virtual shopping basket and having gone through the electronic ordering process, the Customer submits a legally binding contractual offer in respect of the goods contained in the shopping basket by clicking the button which concludes the ordering process. Furthermore, the Customer may also submit the offer to the Seller by e-mail or by telephone.
2.3 The Seller may accept the Customer’s offer within five days,
- by transmitting to the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer shall be decisive in this respect, or
- by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer shall be decisive in this respect, or
- by requesting the Customer to make payment after the Customer has placed his order.
If several of the aforementioned alternatives apply, the contract shall be concluded at the point in time at which one of the aforementioned alternatives first occurs. The period for acceptance of the offer shall commence on the day after the offer is sent by the Customer and shall end upon expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer 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 a payment method offered by PayPal is selected, payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal User Agreement, which can be viewed at https://www.paypal.com
2.5 If the payment method “Amazon Payments" is selected, payment shall be processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: “Amazon”), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://pay.amazon.de
2.6 When ordering via the Seller’s online order form, the text of the contract shall be stored by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer’s order has been sent. The Seller shall not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller’s online shop prior to sending his order, the order data shall be archived on the Seller’s website and can be accessed by the Customer free of charge via his password-protected user account by entering the corresponding login data.
2.7 Prior to the binding submission of the order via the Seller’s online order form, the Customer may identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors may be the browser’s enlargement function, with the help of which the display on the screen is enlarged. The Customer may correct his entries in the course of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button which concludes the ordering process.
2.8 The German language is available for the conclusion of the contract.
2.9 Order processing and contact generally take place by 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 by the Seller with order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers are, as a matter of principle, entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller’s instructions on withdrawal (Widerrufsbelehrung).
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include statutory value added tax. Any additional delivery and shipping costs that may be incurred are stated separately in the respective product description.
4.2 The payment option(s) will be communicated to the Customer in the Seller’s online shop.
4.3 If payment in advance by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.4 If a payment method offered via the payment service "Shopify Payments" is selected, payment shall be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller’s online shop. For the processing of payments, Stripe may make use of further payment services, for which special payment terms may apply, of which the Customer will be informed separately where applicable. Further information on "Shopify Payments" is available on the internet at https://www.shopify.com
5) Delivery and Shipping Terms
5.1 If the Seller offers to ship the goods, delivery shall be made 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 shall be decisive. Notwithstanding the foregoing, if the payment method PayPal is selected, the delivery address deposited by the Customer with PayPal at the time of payment shall be decisive.
5.2 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 shall not apply with regard to the costs of outbound shipping if the Customer effectively exercises his right of withdrawal. In the event of the effective exercise of the right of withdrawal by the Customer, the provision made in this respect in the Seller’s instructions on withdrawal shall apply to the costs of returning the goods.
5.3 If the Customer acts as a trader, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the Customer as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall, as a matter of principle, pass only upon handover of the goods to the Customer or to a person authorised to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the Customer, also in the case of consumers, as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment with its execution and the Seller has not previously named this person or institution to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This shall apply only in the event that the non-delivery is not attributable to the Seller and the Seller has, with due care, concluded a specific covering transaction with the supplier. The Seller shall make all reasonable efforts to procure the goods. In the event of the non-availability or only partial availability of the goods, the Customer shall be informed without undue delay and the consideration shall be refunded without undue delay.
5.5 If the Seller offers the goods for collection, the Customer may collect the ordered goods at the address specified by the Seller during the business hours specified by the Seller. In this case, no shipping costs shall be charged.
6) Retention of Title
If the Seller performs in advance, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for Defects (Statutory Warranty)
Unless otherwise provided in the following provisions, the provisions of statutory liability for defects shall apply. By way of derogation from this, the following shall apply to contracts for the delivery of goods:
7.1 If the Customer acts as a trader,
- the Seller shall have the choice of the type of subsequent performance;
- in the case of new goods, the limitation period for claims for defects shall be one year from delivery of the goods;
- in the case of used goods, rights arising from defects shall be excluded;
- the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.
7.2 The limitations of liability and shortenings of limitation periods set out above shall not apply
- to claims for damages and reimbursement of expenses of the Customer,
- in the event that the Seller has fraudulently concealed the defect,
- to goods which have been used for a building in accordance with their customary manner of use and have caused the defectiveness of that building,
- to any obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
7.3 Furthermore, for traders, the statutory limitation periods for any statutory right of recourse shall remain unaffected.
7.4 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he shall be subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification duties regulated therein, the goods shall be deemed to have been approved.
7.5 If the Customer acts as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller thereof. If the Customer fails to do so, this shall have no effect whatsoever on his statutory or contractual claims for defects.
8) Liability
The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:
8.1 The Seller shall be liable without limitation on any legal grounds
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, body or health,
- on the basis of a guarantee promise, unless otherwise provided in this respect,
- on the basis of mandatory liability, such as under the German Product Liability Act (Produkthaftungsgesetz).
8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited pursuant to the preceding clause. Material contractual obligations are obligations which the contract, according to its content, imposes on the Seller in order to achieve the purpose of the contract, the fulfilment of which is what makes the proper performance of the contract possible in the first place and on the observance of which the Customer may regularly rely.
8.3 In all other respects, liability of the Seller shall be excluded.
8.4 The above liability provisions shall also apply with regard to the Seller’s liability for his vicarious agents and legal representatives.
9) Applicable Law
All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law shall apply only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
10) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer dispute resolution body (Verbraucherschlichtungsstelle).
