GENERAL TERMS AND CONDITIONS OF
Welcome to Cometa!
- 1 Scope and provider
(1) The General Terms and Conditions (hereinafter referred to as "GTC") regulate the sale of products by Cometa GmbH (hereinafter referred to as the provider) to you in the version valid at the time of the order.
(2) Deviating terms and conditions of the customer will be rejected.
(3) Please read these conditions carefully before you place an order with Cometa GmbH. By placing an order with Cometa GmbH, you declare that you agree to the application of these conditions of sale to your order.
(4) On Cometa we offer you the sale of the following products:
Mexican foods and drinks
- 2 Conclusion of the contract
(1) Contracts on this portal can only be concluded in German.
(2) The offers are aimed exclusively at end customers with an invoice and delivery address in:
In the case of individual bulky goods, the possible delivery addresses and the place of delivery may be limited; the restriction is shown in the respective list price.
(3) The customer must have reached the age of 18.
(4) The presentation of the goods in the online shop does not constitute a legally effective offer. By presenting the goods, the customer is only asked to make an offer.
(5) Your order represents an offer to Cometa to conclude a purchase contract. The customer submits a binding offer when he has gone through the online ordering process by entering the information requested there and in the last ordering step clicks on the "order subject to payment" button.
(6) The purchase contract between the provider and the customer only comes into existence through a declaration of acceptance by the provider. This takes place at the earlier of the two dates, either sending the goods or sending a dispatch confirmation by email. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.
(7) The validity of contracts for larger than normal household quantities as well as the commercial resale of the object of purchase requires the express confirmation on the part of the provider. This relates both to the number of products ordered as part of an order and to the placing of several orders for the same product, in which the individual orders comprise a quantity that is normal for a household.
(8) Your orders will be saved by us after the contract is concluded. Should you lose your documents for your orders, please contact us by email or phone. We will send you a copy of the order details.
- 3 Prices and shipping costs
(1) Our prices include the applicable statutory value-added tax and do not include a flat-rate shipping fee or surcharge for shipping costs. The shipping surcharges vary depending on the type of delivery and the nature of the article.
(2) Despite our best efforts, a small number of the products in our catalog may be incorrectly priced. We check prices when we process your order and before we charge payment. If a product is priced incorrectly and the correct price is higher than the price on the website, we will contact you before shipping the goods to ask you whether you want to buy the product at the correct price or cancel the order . If the correct price of a product is lower than the price we have stated, we will charge the lower amount and send you the product.
(3) The prices at the time of the order apply. If list prices are available, the prices of the list price valid at the time of the order apply.
- 4 Delivery and cancellation
(1) Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. On the website you will find information on the availability of products that are sold by Cometa (e.g. on the respective product detail page). We would like to point out that all information on availability, shipping or delivery of a product are only expected information and approximate guide values. They do not represent any binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options for the respective product.
(2) If Cometa determines while processing your order that the products you have ordered are not available, you will be informed separately by email or by message in your customer account. The legal rights of the customer remain unaffected.
(3) Insofar as delivery to the purchaser is not possible because the goods delivered do not fit through the entrance door, front door or staircase of the purchaser or because the purchaser is not found at the delivery address given by him, although the delivery time is reasonable for the purchaser Deadline has been announced, the customer bears the costs for the unsuccessful delivery.
(4) Delivery takes place depending on the customer's payment method. In the case of prepayment, delivery takes place after the payment order has been issued to the transferring bank. When paying by PayPal, credit card, gift card, direct debit, instant transfer or invoice, delivery takes place after the contract has been concluded.
(5) If your order is sent in more than one package, it is possible that you will receive a separate shipping confirmation for each package. In this case, a separate purchase contract is concluded between us for the products listed in the respective shipping confirmation for each shipping confirmation. Contract partner is Cometa GmbH. Regardless of your right of cancellation, you can cancel your order for a product at any time free of charge before sending the corresponding shipping confirmation.
- 5 payment
(1) The customer can pay for the goods using the following payment methods:
- Credit card
- Gift card
- direct debit:
In the case of a return debit for which the customer is responsible, Cometa GmbH will levy flat-rate damages of € 8 (eight euros). The customer can prove that the damage did not occur at all or that it is significantly lower than the flat rate. The above regulations apply accordingly to payments of the purchase price of goods that are sold by third parties.
- Instant bank transfer
(2) Certain payment methods can be excluded by the provider in individual cases.
(3) The customer is not permitted to pay for the goods by sending cash or checks.
(4) If the customer chooses an online payment method, the customer authorizes the provider to collect the amounts due at the time of the order.
(5) If the provider offers payment in advance and the customer chooses this type of payment, the customer must transfer the invoice amount to the provider's account within five calendar days of receipt of the order. The provider reserves the goods accordingly for five calendar days.
(6) If the provider offers payment by credit card and the customer chooses this type of payment, he expressly authorizes the provider to collect the amounts due after the partial deliveries or deliveries of goods have been dispatched.
(7) If the provider offers payment by direct debit and the customer chooses this type of payment, the customer grants the provider a SEPA basic mandate. If, when paying by direct debit, a payment transaction is reversed due to insufficient funds in the account or due to incorrectly transmitted bank details, the customer must bear the costs.
(8) If the provider offers payment in advance and the customer chooses this type of payment, the customer undertakes to pay the invoice amount within 14 days of dispatch of the goods without any deduction of any discount.
(9) If the purchaser is in default of payment, the provider reserves the right to assert the damage caused by default.
- 6 Offsetting and right of retention
(1) The customer only has the right to offset if the customer's counterclaim has been legally established or has not been disputed by the provider.
(2) The customer can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
- 7 Retention of title
Cometa GmbH retains ownership of the goods until they have been paid for in full.
- 8 Transport damage
(1) If the customer receives the goods with obvious transport damage, the provider asks him to make a complaint as soon as possible.
(2) Should the purchaser fail to submit a complaint, this has no consequences for the statutory warranty rights. The purpose of the complaint is that the provider can assert his own claims against the carrier.
- 9 Right of defects
(1) If the customer is a consumer, the warranty and liability for defects of the delivered object of purchase is based on the statutory provisions: Accordingly, customers in the European Union have warranty rights in addition to their 30-day return guarantee for a period of two years from delivery of the goods and can request the repair or replacement of the products purchased on Cometa if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you can request a refund or a reduction in the purchase price.
(2) In the case of used goods, the warranty period can be shorter than two years.
(3) If the customer is not a consumer, the defect will be remedied by a new delivery or a new performance.
(4) If the customer is not a consumer, the limitation period is one year. This does not apply to any claims for damages or reimbursement of expenses which are asserted for compensation for damage to body and health or for willful intent or gross negligence.
- 10 Limitation of Liability (Products)
(1) The provider is liable for claims for damages by the purchaser from injury to life, limb, health or from the breach of essential contractual obligations, as well as for other damage resulting from their willful or grossly negligent breach of duty or one of the legal representatives or vicarious agents of Provider based.
(2) Essential contractual obligations are obligations the fulfillment of which is necessary to achieve the objective of the contract.
(3) The provider is liable for breaches of essential contractual obligations that are based on contract-typical, foreseeable damage, provided that the damage was caused simply by negligence. This limitation does not apply to claims for damages by the customer that are based on injury to life, limb or health.
(4) The provisions of the Product Liability Act remain unaffected.
(5) Insofar as Cometa's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
- 11 Right of withdrawal
(1) If the customer is a consumer, he has a right of withdrawal in accordance with the following provisions:
(2) Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, the goods (or the last goods, partial shipment or piece in the case of a contract for several goods of a single order or the delivery of a Goods in several partial shipments or pieces) have taken possession of without giving reasons.
To exercise your right of withdrawal, you must inform us:
by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the model withdrawal form on our website for this or send us another clear statement. If you make use of this option, we will immediately send you a confirmation (e.g. by email) of the receipt of such a cancellation.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired and for you to have sent the goods back via our online return center within the deadline defined below.
(3) Consequences of the withdrawal
If you withdraw from this contract, we will have given you all the payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within 14 days from the date on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent back the goods, whichever is earlier.
You have the goods immediately and in any case no later than 14 days from the day on which you inform us of the cancellation of this contract
to be returned or handed over. The deadline is met if you send the goods before the period of 14 days has expired. You bear the direct costs of returning the goods.
(4) Exceptions to the right of withdrawal
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
The right of withdrawal does not exist or expires in the case of the following contracts:
- for the delivery of goods that are unsuitable for return for reasons of health or hygiene and whose seal was removed after delivery or which were inseparably mixed with other goods after delivery due to their nature;
- for the delivery of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery;
- for the delivery of goods that are manufactured according to customer specifications or that are clearly tailored to personal needs
- for the delivery of goods that can spoil quickly or whose expiry date would quickly be exceeded;
- in the case of services, if Cometa has provided these in full and you have taken note of and expressly consented to the fact that we can start providing the service and you lose your right of withdrawal if the contract has been fully fulfilled;
- for the delivery of newspapers, magazines or magazines, with the exception of subscription contracts; and
- for the delivery of alcoholic beverages, the price of which was agreed when the purchase contract was concluded, but the delivery of which can only take place after 30 days and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence.
- 12 Exclusion of the right of withdrawal
(1) The right of withdrawal does not apply to contracts
- for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- for the delivery of goods that can spoil quickly or whose expiry date would quickly be exceeded;
(2) The right of withdrawal expires prematurely in the case of contracts
- for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
- for the delivery of goods if they were inseparably mixed with other goods after delivery due to their nature;
- for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
- 13 privacy
(1) Should personal data (e.g. name, address, e-mail address) be collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.
(2) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) can have security gaps. Accordingly, an error-free and trouble-free protection of third party data cannot be fully guaranteed. Our liability is excluded in this regard.
(3) Third parties are not entitled to use contact data for commercial activities, provided that the provider has given the data subjects prior written consent.
(4) You have the right at any time to receive information from Cometa in full and free of charge about your data.
(5) Furthermore, there is a right to correction / deletion of data / restriction of processing for the user.
(6) Further information on data protection can be found in the separate data protection declaration.
- 14 Cookies
(4) We would like to point out that some of these cookies are transferred from our server to your computer system, most of which are so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called permanent cookies).
(5) You can object to the storage of cookies; a banner is available to you to object to / accept.
(6) You can of course set your browser so that no cookies are stored on the hard drive or cookies that have already been stored are deleted. The instructions for preventing and deleting cookies can be found in the help function of your browser or software manufacturer.
- 15 Place of jurisdiction and applicable law
(1) For differences of opinion and disputes on the occasion of this contract, the law of the Federal Republic of Germany applies exclusively, excluding the UN sales law.
(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the provider.
- 16 Final provisions
(1) The contract language is German.
(2) We do not offer any products or services for sale to minors. Our products for children can only be purchased by adults. If you are under 18, you may only use Cometa with the assistance of a parent or legal guardian.
(3) If you violate these terms and conditions and we do not take action against this, we are still entitled to make use of our rights on any other occasion in which you violate these terms of sale.
(4) We reserve the right to make changes to our website, rules and conditions including these terms and conditions at any time. The terms of sale, contractual conditions and general terms and conditions that are in force at the time of your order apply to your order, unless a change to these conditions is required by law or by official order (in this case they also apply to orders that You have previously done). If a regulation in these sales conditions is ineffective, void or unenforceable for any reason, this regulation is considered separable and does not affect the validity and enforceability of the remaining regulations.
(5) The ineffectiveness of a provision does not affect the effectiveness of the other provisions of the contract. If this should occur, the meaning and purpose of the provision should be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.