(A) The following standard contract terms shall apply to all deliveries and offers by COMINO HOLDING LTD. (together with its affiliates, "Comino" or "we"). Any counter-communications or confirmations of a customer with reference to its own standard or sales terms and conditions are hereby objected to and shall not apply to any purchase contract which is subject to these standard contract terms.
(B) Consumer in terms of these standard contract terms is individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.
(C) These standard contract terms do not affect a customer's statutory rights where such customer is a consumer.
2. Offer and Conclusion of the Contract
The order by a customer is an offer to enter into a purchase contract subject to these standard contract terms. The confirmation by us of the receipt of the order and any following status reports shall be no acceptance of the offer. The purchase contract is concluded with either the payment by the customer for the good or, if applicable, delivery of the goods and a confirmation of dispatch.
3. Prices, Postage and Packaging, Reshipment Charges, Partial Delivery
(A) Generally, our prices are set out in our product basket on our website at the time of the respective order. Prices that deviate from this, which may be seen on websites of our partners and counterparties, including those which may be downloaded through our website, may not be current and are thus invalid. In the absence of any express agreement in writing to the contrary, our prices shall be effective from the respective distribution center, excluding any packaging, freight or possible cash on delivery charges. All prices on our websites are shown exclusive of statutory VAT, which may be calculated and added to a respective price upon our acceptance of the customer's order (and which will be displayed on the respective invoice or payment link) depending on the customer's status as a natural person, a company, a merchant or a public utility or on the jurisdiction of the country of delivery.
(B) Packaging materials shall become the property of the customer.
(C) Costs for postage and packaging are to be borne by the customer. They will depend on the form of shipment, form of payment, weight and shipping destination. They will be calculated and displayed on the respective online invoice or through a payment link following our acceptance of the online order or, in the event of an order by telephone, they shall be quoted and shown separately on the invoice. The mode of shipment shall be chosen by the customer or, in the absence thereof, by us according to the most feasible arrangement. An overview of the applicable shipment and payment options as well as the relevant prices shall be published on our websites.
(D) In the event of partial shipments or shipment of specific lots, any follow-up or additional shipments shall also be made subject to the applicable shipping charges to be borne by the customer.
4. Delivery Period
The estimated delivery periods are dependent on the products and we do not undertake to display the delivery periods on our website. In the event that a delay of the estimated delivery occurs after an order has been made, we may, in our discretion, inform the Customer to that effect by e-mail or by other adequate means of communication by using his contact details provided at the time of the order. Any cancellation or modification by a customer of the delivery period or method requires our prior approval.
5. Passage of Risk and Warranties
(A) If the customer picks up the goods from our distribution center, then the risk of accidental loss or damage to the goods shall pass from Comino to the customer at the time when the goods are transferred to the customer. Where Comino ships the goods to the customer that risk shall pass to that customer when the goods are handed over to the carrier. Comino shall not be responsible for non-performance by the carrier during shipment of the goods to the customer. We advise the customer to purchase adequate insurance against the risk of loss or damage of the goods during shipment. Comino shall select only reputable carriers to effect delivery of the goods to the customer. We may agree, in our discretion, to the use of a carrier selected by the customer and notified to us in writing.
(B) The warranty period shall begin at the time when the goods are delivered. Subject to any applicable overriding statutory warranty provisions, the periods of limitation for statutory claims for defects shall be one year. Any obvious defects in the products or the performance rendered by Comino must be notified by the customer in writing immediately, but not later than the expiry of fourteen days after receipt of the goods. If such defects are not notified in time, the goods are deemed to have been approved and accepted, with all inherent warranty rights expiring.
(C) Where the customer is a consumer or a business, Comino has the option to choose between curing the defects and delivering a defect-free good as subsequent performance. Where the customer is a consumer, the customer may revoke the respective purchase contact in accordance with section 10 hereof.
(D) We shall not be liable for normal wear and tear of the goods or defects which are a result of incorrect or negligent handling or treatment or those which are caused by unusual conditions of use.
(E) Out of warranty repair:
· If the product breaks down after the warranty period expiration, Comino will generate a quotation of the repair fee.
· The faulty product returned to us will be dismantled and diagnosed for its specific fault.
· The repair fee of the defective product may equal to the total price of a single unit or the current market price of the part. Each repair fee will be calculated according to the specifications of its case.
· Comino will complete the maintenance and/or repair of the faulty product in the process of dismantling and diagnosing the product; you agree to the terms of this Out of warranty repair, which means that you understand that we cannot suspend repair process, and you will agree to the repair fee stated in the quotation.
· Comino will not return the faulty product to you if you decide not to pay the repair fee.
· Comino strives to serve the customers fairly and diligently, and quote the repair fee as reasonably and accurately as possible. You shall pay the repair fee within 30 days upon receiving quotation of the repair fee, and Comino will ship the repaired or replaced product after receiving the full required fee.
6. Limitation of Liability
(A) The limitation of liability shall not apply to damage which occurs as a result of Comino's intentional acts or gross negligence or damage to life, body or health resulting from events which are within Comino's reasonable control.
(B) Irrespective of their legal basis claims for damages which are directed either against us or our agents shall be limited to the amount which Comino reasonably expected to receive at the conclusion of the respective purchase contract. Where the damage does not result from the violation of an essential contractual obligation, which is such an obligation that is necessary for the fulfilment of that contract and on which fulfilment the customers regularly rely and may rely, the amount of damages shall be limited to a maximum amount of three times the contractual value. The customer shall be responsible for the safe storage of its data. We are only liable for those expenses, which are necessary for the recovery of data presuming regular backups undertaken by the customer.
(A) Unless otherwise agreed, all our invoices (whether issued online or otherwise) shall be payable immediately without any deductions or withholdings.
(B) Comino shall fill the order only against payment in advance. In the event that a bank or an offeror of the respective payment mode has rejected payment, the customer shall be entitled to accept or revoke his/her order.
(C) Costs which arise as a result of reversing a payment transaction for lack of funds or as a result of data transmitted incorrectly by the customer shall be charged to the customer.
(D) Bank cheques are not accepted.
(E) Any set-off of counterclaim shall not be permitted unless proven at law or if undisputed. The retention of payments by the purchaser for counterclaims resulting from unrelated contracts shall be excluded.
8. Contractual Partner
The seller under a respective purchase contract and consequently your contractual partner is COMINO HOLDING LTD. with an address at 1 Fore Street, London, England, EC2Y 9DT. With regard to your questions concerning your order or our websites, please contact [email protected] The contact details can be found on our websites.
9. Reservation of Title
All items delivered by us remain our property until such items have been paid in full and all claims resulting from the respective transaction have been met. This shall also apply to conditional claims. Seizures by third parties of items owned or co-owned by Comino must be notified by the customer immediately. Any costs arising in relation to judicial proceedings or settlement out of court which Comino undertakes to secure its rights shall be borne by the customer. The customer hereby assigns to Comino as a security all claims (including all claims for balances under the current account) related to the items sold hereunder which arise in connection with such items being further sold on or on any other legal grounds. The customer is hereby irrevocably authorised to collect on behalf of and for the account of Comino all claims assigned to Comino. This direct debit authorisation may be revoked if the customer does not meet its payment obligations in an orderly manner.
10. Consumer revocation rights & complaints
If you are Consumer, you have following right granted by the Consumer Contracts Regulation 2013 with effect from 13th June 2014.
(A) Revocation Right. You may cancel the respective purchase contract without giving any reason only if you are a consumer. The revocation period is fourteen days from the day on which you, or a third party stated by you who is not the carrier, have taken possession of the last goods. To exercise your revocation right you need to inform us, COMINO HOLDING LTD.. on the following address: 1 Fore Street, London, England, EC2Y 9DT or on the following e-mail: [email protected], by way of an unequivocal written declaration (e.g. a letter sent by post, facsimile or an e-mail) of your decision to cancel the respective purchase contract. Sending the notification of exercising the revocation right prior to expiry of the revocation period is deemed sufficient with regard to honouring the revocation period.
(B) Revocation Right. You may cancel the respective purchase contract without giving any reason only if you are a consumer. The revocation period is fourteen days from the day on which you, or a third party stated by you who is not the carrier, have taken possession of the last goods. To exercise your revocation right you need to inform us, COMINO HOLDING LTD.. on the following address: 1 Fore Street, London, England, EC2Y 9DT or on the following e-mail: [email protected], by way of an unequivocal written declaration (e.g. a letter sent by post, facsimile or an e-mail) of your decision to cancel the respective purchase contract. Sending the notification of exercising the revocation right prior to expiry of the revocation period is deemed sufficient with regard to honouring the revocation period.
(C) The right to complain. If you have a complaint about our services, please contact us COMINO HOLDING LTD. on the following address: 1 Fore Street, London, England, EC2Y 9DT or on the following e-mail: [email protected]
11. Assignment of Claims
The customer shall not be entitled to assign or transfer any of his/her/its rights, obligations or claims under this contract.
12. Data Protection
(A) Our data protection procedures are in conformity with the applicable data privacy laws. We shall not forward any personal customer data to any third parties. An exemption hereto exists for such service partners which require the transfer or data to process its orders. In these cases, the scope of the transmitted data shall be restricted to the necessary minimum.
(B) Comino shall use the customer´s e-mail address only for information letters which accompany the orders and, if desired by the customer, for its own newsletters. Additionally, Comino sends to the customers via e-mail regularly diligently chosen offers of similar products of its product range. The customer is entitled to object to the use of his/her e-mail address for marketing purposes by sending a respective e-mail request.
(C) The customer shall be informed about and be given the opportunity to correct, block and delete his/her personal data. If judicial or contractual keeping obligations exist or any other judicial reasons oppose to a deletion, the data will be blocked.
(A) These standard terms and conditions contain all rights and obligations of the contract parties.
(B)The laws of England and Wales shall exclusively apply and govern these standard contract terms (including any contractual matters and obligations arising therefrom or associated with).
(C) The laws of the Republic of Cyprus shall exclusively apply and govern this contract. The provisions of the UN Convention on the International Sale of Goods shall not apply. Regarding commerce with end-consumers within the European Union, the relevant laws of that country may also be applicable only to the extent they concerns obligatory consumer rights provisions
(D) In the event that one or several of the above provisions is or becomes invalid, the validity of the remaining provisions shall not be affected. The parties will try to replace invalid provisions by such provisions which are valid and come closest to the commercial purpose intended by the parties.
COMINO HOLDING LTD.
1 Fore Street, London, England, EC2Y 9DT