(1) Our supplies, services and offers are exclusively based on these General Commercial Terms (hereinafter referred to as the "General Commercial Terms"). They form part of all agreements that Coral Club Deutschland GmbH (hereinafter referred to as "Coral Club Germany") concludes with its customers (hereinafter also referred to as "Buyers" or "Customers") for the products offered.
(2) Customer's general terms and conditions that are in conflict with or deviate from the following General Commercial Terms do not apply. The following General Commercial Terms are also exclusively applied if we supply and service without reservation, in the knowledge of the conditions of the Customer that contradict or deviate from these Terms.
(3) These Terms can be viewed on our website, printed, or saved.
(4) Your order data is stored by us and cannot be directly viewed for security and data protection reasons. Coral Club Germany GmbH offers password protected access to all our registered customers and trading partners. The customers and sales partners can view their saved data here after registration. Basically, these are: completed and open orders, address data, delivery addresses, accumulated bonus points, compensations, commissions, etc.
2. Party to the Agreement
Your party to the agreement is Coral Club Deutschland GmbH.
Legal address: Genshagener Str. 27, 14974 Ludwigsfelde.
Commercial register: Potsdam local court of general jurisdiction, Trade Register Number В: 28073 P/Amtsgericht Potsdam, HRB 28073 P.
Director: Nikolaj Josko.
The agreement language is exclusively German.
3. The user’s cancellation right
(1) Cancellation right
You have the right to cancel this agreement within fourteen days, without giving reasons.
In the case of a contract for the regular deliveries of goods within the specified period of time, the cancellation period begins on the day when you, or a third party specified by you, other than the carrier, received or took possession of the first goods.
The cancellation period is fourteen days from the day you, or a third party specified by you, other than the carrier, took possession of the goods. In the case of an agreement for several goods that you ordered as part of a single order and that are supplied separately, the cancellation period begins on the day when you, or a third party specified by you, other than the carrier, took possession of the last of the goods. In the case of an agreement for the regular supply of goods for a specified period of time, the cancellation period begins on the day when you, or a third party specified by you, other than the carrier, received or took possession of the first of the goods.
To exercise your right of cancellation, you shall inform us of your decision to cancel this agreement through an unequivocal declaration (for example, by mail, fax, or e-mail).
Your cancellation shall be sent to one of the following mailing addresses or telephone numbers:
You can use the attached sample form, which is optional.
To comply with the cancellation period, you just need to send a notice of the exercise of your right to cancellation before the cancellation period expires.
(2) Consequences of the cancellation
In the case that you cancel this agreement, we shall refund all payments that we have received from you, including shipping expenses (excluding additional costs arising if you choose a different type of shipping than the cheapest shipping standard offered by us), immediately and no later than fourteen days from the day we receive notification of the cancellation of this agreement. To return payments, we will use the same means of payment that you used to complete the original transaction, unless otherwise agreed directly with you; there is no charge for refunds.
We may refuse to refund the payment until we receive the goods back or until you provide proof that you have sent the goods back, whichever comes earlier.
You shall return or transfer the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is considered to be met if you send the goods prior to the expiration of fourteen days.
You are responsible for the direct costs of returning the goods.
You shall pay any loss of value of the goods only if this loss of value is associated with such handling of the goods, which does not require checking the condition, properties and functionality of the goods.
4. Conclusion of a contract
(1) The presentation of our products is not a binding offer on our part. According to §145 of the German Civil Code (BGB), only ordering the goods on your part is a binding offer.
(2) Your ordering of the desired products via our website, by email, through an order form, partner application or by fax is a legally binding offer for the conclusion of a sales contract. We shall immediately confirm receipt of your order. Confirming an order, as well as receiving an order by phone, is not considered a legal transaction on our part yet.
Acceptance of an offer from our side towards you results from:
Please note that we do not store the contract associated with your order and it will no longer be available after its conclusion.
(3) You order products from our web store or our distribution partners as follows: the order is placed using the so-called “double opt in” process. After completing the order form, the order is first confirmed on our website. You shall also confirm that you have read these Commercial Terms by clicking the appropriate field. You can check the data you entered during the ordering process by clicking the order button, and, if necessary, make changes.
By clicking the “Buy Now” button, you are placing a binding order for the goods in your shopping cart. Confirmation of receipt of the order follows automatically right after sending the order. Confirmation of receipt does not mean acceptance of your order, but only informs you that we have received your order.
(4) If we do not accept an order, in particular, due to the fact that the ordered product is no longer available, we will inform you immediately. Payments already made shall be refunded as soon as possible. If the ordered product is no longer available for delivery after we have accepted the order and this is not our fault, for example, in the event of destruction as a result of force majeure, actions of third parties or as a result of theft, we reserve the right to refuse all possible agreements regarding this product. In this case, we shall immediately inform you of the unavailability of the product and refund the payments already made.
(5) The buyer guarantees that he or she is of legal age and legal capacity.
(6) The buyer confirms that all the data provided by him/her during registration and specified in the order form are correct and complete. The buyer undertakes to immediately notify us of any changes to his/her data by e-mail, indicating his/her client number, or immediately correct the relevant data on our website by himself/herself.
5. Prices and payment
(1) For the fulfillment of orders, including in our online store, the prices indicated in the corresponding offer at the time of order are available. In the case of outside Germany shipping, additional costs may arise when imported into a third country (customs duties, import turnover tax). These additional costs shall be borne by the customer.
(2) Prices are inclusive of statutory value added tax.
(3) When placing an order on our online store, Coral Club Germany shall charge a certain amount to cover the shipping costs when the order is shipped. The actual amount of the shipping cost can be seen in the order form, where you can also choose the shipping method and the corresponding cost.
The following payment options are available:
(1) Advance payment:
The email you receive to confirm your order shall include the total amount of your order and our bank account number.
The goods shall only be shipped after full payment has been received. You shall receive an invoice for your documents.
(2) Payment by direct debiting SEPA
When choosing direct debiting SEPA as your payment option, you authorize Coral Club Germany GmbH to charge the invoiced amount from the specified bank account plus the total shipping cost.
In the event of a reverse debit, the corresponding commission shall be charged to the customer.
(3) Payment by credit card
When paying by credit card Coral Club Germany GmbH accepts the following cards:
When placing an order, you shall indicate the card number, card expiration date, cardholder name and card validation code. The card validation code is located on the back of the credit card in the signature field; these are the last three digits.
(4) PayPal payment
When registering with PayPal, you shall save your bank details, and from now on you shall pay only based on your email address and password.
Each time you make a purchase, you have an option of paying by bank account or credit card. Therefore, paying with PayPal is especially secure as you do not need to enter any bank details when making a purchase.
When fulfilling orders from other European countries, you shall have the following payment options:
7. Shipment and delivery time
(1) Coral Club Germany GmbH strives to process orders within the shortest time possible. Unless a different delivery date has been agreed, shipping usually takes 1-4 business days. We inform you of any deviations in the delivery time on the corresponding product page.
(2) If the agreed delivery date for our part is not complied with, the buyer shall set a reasonable additional period for us, which in no case may be less than two weeks.
(3) Passage of risk
For end consumers (non-sellers), the risk of accidental loss and accidental damage to the sold goods quality in the case of mail orders passes to the end consumer or the recipient specified by him/her when handing the goods over.
In all other cases, the risk of accidental loss or accidental damage to goods when purchasing by mail passes to the buyer at the moment when the goods are handed over to the carrier or another person appointed to carry out the shipment.
(1) In the event of defects in the delivered goods, a statutory warranty period applies to end consumers.
(2) Guarantee claims in respect of the sellers are limited to a period of one year from delivery. § 377 of the German Commercial Code applies to the sellers.
(3) The special provisions of § 9 of these General Commercial Conditions apply in all cases to the buyer's claims for damages.
9. Indemnification liability
(1) Claims for indemnification against us, including our representatives and authorized persons, for any legal reason, suggesting slight negligence, are only possible if a substantial contractual/core obligation has been breached. In this case, claims for indemnification are limited to the amount of typically predictable damage.
(2) Claims related to injury to life, limb or health, as well as property loss in accordance with the Act on Liability for Products resulting from wrongful intentional conduct or gross negligence, as well as regarding guaranteed characteristics, are not affected by the above limitations of liability.
10. Feedback and ratings
(1) We will be glad if our products convince you. We publish such feedback, in whole or in part, from time to time on our website and, if necessary, on other advertising media.
(2) If you disagree or no longer agree with the publication of your statements, you can contact us at any time by emailing at email@example.com.
(3) Coral Club Germany GmbH distances itself from any statements or such promises made by sales partners or third parties and is in no way responsible for their statements. Only statements in official media and publications that are issued, prepared, and approved by Coral Club Germany GmbH are valid.
11. Title to goods
(1) We retain the title of ownership of the delivered goods until the purchase price has been paid in full. During the validity of the title to goods, the buyer has no right to sell the goods (hereinafter: goods with a retention of title by the seller) or otherwise dispose of the title to it.
(2) In the event that third parties, in particular law enforcement officers, gain access to goods that retain the title by the seller, the buyer shall indicate the existence of third-party ownership and immediately notify us so that we can enforce our property rights.
(3) If the buyer acts in breach of the contract, in particular in the event of a delay in payment, we have the right to demand the return of the goods with the title retained by the seller if we have decided to terminate the contract.
12. Alterations to the General Commercial Terms
Alterations to the General Commercial Terms will be brought to the client’s notice. Alterations are considered accepted if, within one month after notification, there is no written objection to them. In the event of an objection, each contracting party has the exclusive right to terminate this agreement. Alterations notices are sent to the e-mail address provided during registration.
13. Data protection
(1) Data collection principles
As part of the contractual provision of services, the personal data of registered users is collected, stored, processed and used to process orders and optimize the offer by Coral Club Distribution LTD, Agapinoros 52, 2n floor, Flat / Office 1, 8049, Paphos, Cypern. Coral Club Germany GmbH does not store any personal data unless the client has provided it voluntarily or automatically during his/her visit to the page (cookies). Automatically collected data is information in web server log files that is transmitted by the browser. They are the following:
This data is anonymous. It shall not be merged with other data sources; besides, this data shall be deleted after performing the statistical analysis. If consent is required for the collection, storage, processing and use in accordance with legal provisions, it shall be obtained by Coral Club Germany GmbH.
(2) Data collection: When registering for entering into arrangements, the client provides us with data that we shall store. The data includes:
The client can request us to update, delete or block his/her data at any time. To do this, you can contact us by emailing at firstname.lastname@example.org.
Objection to the collecting, using or processing of involuntarily provided data means that Coral Club Germany GmbH can no longer provide the services offered and it is therefore considered a termination of the agreement. The deletion of the data necessary for the processing of the agreement is carried out only after the complete processing of the agreement, and statutory data storage requirements do not contradict this.
(4) Data communication:
Coral Club Germany GmbH shall only communicate the collected data if third parties, in particular suppliers, process the data on our behalf, if this is required by law or authorized public authority, or if the customer concerned has given his/her consent to do so.
(5) Federal Data Protection Act
According to the Act, you have the right to receive information about your stored data free of charge and, if necessary, the right to update, block or delete this data.
Questions regarding the collection, processing or use of personal data, information, updating, blocking or deletion of data shall be directed to:
14. Offsetting counterclaims
(1) The customer is only entitled to offset if his counterclaims were legally justified or not in dispute.
(2) The customer has the right to exercise retention only if his/her counterclaim is based on the same contractual arrangements.
15. Final clauses, Salvatorian clause
(1) If individual provisions of these General Commercial Terms are or become invalid, this will not affect the validity of the remaining provisions of these Terms.
(2) If the buyer is a seller, a legal entity of public law or a special public law fund, or if the buyer does not have jurisdiction in Germany, the seat of jurisdiction for all disputes arising out of the contractual arrangements between the buyer and us is Potsdam.
(3) The law of Germany, except for the private international law and the law of the United Nations Convention on Contracts for the International Sale of Goods, adopted into German law, shall apply.
Coral Club Deutschland GmbH,
As of: October 16, 2020.