Terms and Conditions

Contractual Terms and Conditions within the framework of agreements concluded via the platform https://lindabra.com

between

Comfexy GmbH
Linienstr. 116
10115 Berlin
Phone: +49 30 5057 7557
Email: info@lindabra.com

– hereinafter referred to as the “Provider” –

and

the customers specified in section 2 of the present GTC (also referred to as “Customer”)

Section 1 Scope of Application

The business relationship between the Provider and the Customer shall be exclusively subject to the General Terms and Conditions specified below in their version applicable at the time when the order is placed. Any deviating terms and conditions of the Customer shall not be acknowledged, unless the Provider explicitly agrees to their application in writing.

Section 2 Conclusion of Agreements

(1) The Customer may select products via the website of the Provider and may collect them in a so-called ‘shopping cart’ using the “Add to the shopping cart” button. Using the “Buy now” button, the Customer shall be deemed to submit a binding application for the conclusion of an agreement with the respective contents of the shopping cart (order). Before submitting the order, the Customer may modify and access the data at any time.

(2) In response, the Provider shall send the Customer a confirmation of the order by e-mail, which shall specify once again the order placed by the Customer and may be printed out by the Customer using the “Print” feature. Once the aforementioned order confirmation has been received by the Customer, the Provider shall be deemed to accept the Customer’s application for the conclusion of an agreement. The confirmation of registration shall summarise the contents of the order. In this e-mail or in a separate e-mail, the text of the agreement (consisting of Purchase Order, GTC, Instructions on the Right of Revocation) shall be sent to the Customer. The text of the agreement shall be stored with due regard to data protection.

(3) The conclusion of the agreement shall take place in the following languages: German or English.

§ 3 delivery, product availability, payment methods

(1) Delivery times specified by us are calculated from the time of our order confirmation (§ 2 (2) of these GTC), provided that the purchase price has been paid in advance.

(2) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall inform the customer immediately as well. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. Incidentally, in this case, the provider is entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the customer.

(3) The customer can make the payment via PayPal, credit card, SOFORT-Überweisung (immediate bank transfer).

(4) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default by default of the appointment.

§ 4 Retention of ownership

Until the full payment of the purchase price, the delivered goods remain the property of the provider.

§ 5 prices and shipping costs

(1) All prices, which are indicated on the website of the offerer, are inclusive of the valid legal value added tax.

§ 6 Liability

(1) Claims of the customer for damages are excluded. This does not apply to claims for damages of the customer resulting from injury to life, limb, health or material contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the contractually typical, foreseeable damage, if this was simply caused by negligence, unless it concerns claims for damages of the customer resulting from injury to life, body or health.

(3) The limitations of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them.

(4) The provisions of the Product Liability Act remain unaffected.

§ 7 Notes on data processing

(1) The provider collects data from the customer as part of the processing of contracts. He pays particular attention to the provisions of the Federal Data Protection Act and the Telemedia Act. Without the consent of the customer, the provider will only collect, process or use the customer’s inventory and usage data, insofar as this is necessary for the execution of the contractual relationship and for the use and billing of telemedia.

(2) Without the consent of the customer, the provider will not use the customer’s data for advertising, market or opinion research purposes.

§ 8 Final Provisions

(1) Contracts between the provider and the customer shall be governed by the law of the Federal Republic of Germany, excluding the UN Sales Convention and international private law.

(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 contractual relationships between the customer and the provider is the domicile of the provider.

(3) The contract remains binding even in the case of legal ineffectiveness of individual points in its remaining parts. In place of the ineffective points, if available, the statutory provisions. To the extent that this would constitute an unreasonable hardship for one of the contracting parties, however, the contract as a whole becomes ineffective.

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.