All deliveries, services and offers by Como Corporate Fashion exclusively underlie these Terms and Conditions and the Terms and Conditions for the COMO Premium Card. This also applies in case of deviating terms of purchase by the purchaser. By placing your order the General Terms and Conditions are deemed accepted.
Every customer who is a tradesperson can become a Premium Customer with Como Corporate Fashion. Requirement for the status of Premium Customer is SEPA direct debit 10 days after billing with 3% discount, for which the Premium Customer is awarded an additional 5% premium discount with every order (except finishing costs) and delivery free of shipping costs starting at a value of goods of € 100.00.
a. For New Customers and Initial Purchasers:
- advance payment, minus 3% discount
- cash on delivery (only possible for Germany and Austria), minus 3 % discount + cash on delivery fee (Germany: €7.50 per parcel, Austria: €15.00 per parcel)
b. For Existing Customers:
- SEPA direct debit, minus 2 % discount, 10 days after billing date (only applicable for Germany)
- Bill 10 days net, without deductions
c. For Premium Customers:
- New customers: SEPA direct debit at order confirmation, 3 % discount
- Customers: SEPA direct debit 10 days after billing with 3% discount
d. If goods are shipped abroad, payment shall be made in advance, as far as not otherwise agreed
e. For special orders and custom-made articles advance payment generally applies
f. Billing date is the date goods are dispatched.
g. Receipt of payment has to be made within the term stated on the bill.
h. If the period allowed for payment is exceeded, the customer is automatically in arrears. In case of failure to pay on due date, default interest in the amount of 2 % above the respective market rate of the Central Bank of Germany become payable. This does not affect the assertion of a further damage caused by delay. Additionally, from the 2nd payment reminder charges in the amount of €10.00 apply.
i. If the purchaser's financial condition considerably deteriorates or it becomes only subsequently known that the purchaser's financial condition is bad, the seller is entitled to change the terms of payment accordingly or to withdraw from the contract.
j. The delivered goods remain in the ownership of the company Como Fashion until complete payment has been effected and only pass into the purchaser's ownership after payment has been received. In case of insolvency, we are entitled to right of separation. In case of disposition, the resulting claims are transfered to us as a precaution. The purchaser shall assign the claims to us and inform us about it anytime on request. He is entitled to revocably collect the claim that has been assigned to us. If the purchaser does not fulfil his obligations towards us, he is obliged on request to inform the debtors about the assignment.
k. The pledging or assignment of our delivery, respectively assignment of our claim to third parties is not permissible.
a. All non-binding offers are exclusively intended for tradespersons.
b. All prices are – as far as not stated otherwise – net prices per item plus the respective statutory VAT and shipping costs.
c. All offers and price lists are non-binding and subject to change. They only become binding upon order confirmation by the supplier.
d. Upon publication of a new catalogue all former offers lose their validity.
e. Samples are principally charged and credited at return. Offer samples made available can be returned within 14 days in the original state, after that period only after prior agreement. Delivery free of charge, we principally do not accept freight forward returns. Custom-made articles are principally charged. A return of such articles is impossible. For the processing of all sample deliveries and returns we charge a handling fee of 10 % of the respective value of the goods.
f. Costs that incur as a result of subsequent changes (after approval for manufacturing) at the instigation of the purchaser are borne by the purchaser, including a possible resulting means of production downtime.
Returns are only possible after prior agreement. Custom-made articles, special orders, articles that have become unusable due to wrong treatment, embroidered or printed goods are principally not returnable. Shipping of returns free of charge. We principally do not accept freight forward returns.
a. Shipping Costs:
- Germany: We charge € 6.90 plus VAT per parcel for postage and packaging.
- Austria: We charge € 12.90 per parcel for postage and packaging.
- Switzerland: We charge € 14.90 per parcel and packaging, the lump sum for customs is € 20.00 up to a value of goods of € 1,000, € 45.00 up to a value of goods of € 2,500; from a value of goods of € 2,500 the customs clearance charges are borne by us
- Other countries: depending on expenses
- Express delivery and delivery by airmail are charged separately.
b. Shipping route and means of delivery are left to the choice of the supplier, if not stated otherwise in the respective order and confirmed.
c. Shipping is made on the purchaser's account and risk, also in case of "free or charge“ deliveries. The risk passes to the purchaser as soon as the shipped goods have been handed over to the person or company in charge of the transport. If dispatch is delayed due to the purchaser's conduct, the risk is passed to the purchaser at notice of readiness for shipping.
d. Default of Delivery
In case of force majeure and otherwise unforeseen,unusual circumstances that occur without anyone's fault, e.g. difficulties in procurement of materials, operational breakdowns, strikes, lack of means of transport, interferences by authorities, difficulties regarding energy supply etc., even if they occur with persuppliers, the terms of delivery stated are nonbinding and must be negotiated again. This especially applies for the arrangement of fixed dates.
a. If the purchaser delays or defaults taking delivery, the laws of the BGB (German Civil Code) shall apply.
b. If after completion of manufacturing, respectively after notification of dispatch the purchaser does not promptly take delivery of the goods within a reasonable period or if shipment has become impossible for a longer period of time due to circumstances the supplier is not responsible for, the supplier is entitled to either stock the delivered goods himself or with a carrier or another company on account and risk of the purchaser.
a. The purchaser shall immediately check the correctness of the order confirmation. If a possible mistake is not reported within 24 hours such an order confirmation is deemed accepted, even if the delivery therefore does not come off as originally requested.
b. Defects and wrong amounts must be reported within 24 hours after the articles have been handed over at the delivery address, hidden defects must be reported within 2 days after noticing them, however, at the latest within 6 months after receipt of the goods. This especially applies in case of outturn patterns, if the goods have been sent in his or her name to a third party. In case of drop shipment the obligation to check the goods remains with the purchaser.
c. With the approval for manufacturing the risk of possible mistakes passes to the purchaser, as far as such mistakes have only occurred in the manufacturing process following the approval.
d. Defects at parts of the shipment do not entitle to a complaint concerning the whole shipment.
e. The supplier initially has the right to subsequent improvement or substitute delivery within a reasonable period of time. In case of delayed, omitted, impossible or failed subsequent improvement or substitute delivery the purchaser can demand a reduction in remuneration. An extended warranty and liability of damages, especially in case of failed subsequent improvement due to default or defective performance of the obligations to subsequent improvement as well as consequential harms caused by a defect is excluded. This does not comprise an exclusion or a limitation of liability for damages resulting from death, bodily harm or damage to health based on a negligent breach of duty by the user or a deliberate or negligent breach of duty by a legal representative or agent of the user, as well as an exclusion or a limitation of liability for other damages based on a gross negligent breach of duty by a user or on a deliberate or gross negligent breach of duty by a legal representative or agent of the user.
f. Customary and technically unpreventable deviations in colour, quality, material, weight and other features are no reason for complaints on the part of the purchaser.
g. Slight tone fluctuations, if occuring during press-on or at the subsequent shipment, are always possible and unpreventable in textile printing. This especially applies for 4c-photo halftone printing in offset quality and is no reason for complaints.
a. For embroidered articles a minimum order quantity of 10 items per article and colour applies, 30 items total, sizes can be freely allotted.
b. In case of follow-up orders with embroidery service the minimum order quantity is 10 items per model, in case of falling below the minimum order quantity 15% extra charge applies.
c. In case of embroidering or printing we reserve an excess or short delivery of 10 %.
d. Costs for embroidery card and silk screens: onetime initial costs of € 69 net for one logo in size 10 cm (max. 5,000 stitches). All further embroidery cards and embroideries on demand. In case of silk screens film and screen costs per colour € 38.50 up to size DIN A4, at formats up to DIN A3 € 44.50, larger formats on demand.
e. Patterns for the embroidery and print service: For logos and special typefaces etc. we require files in jpg, eps or Corel Draw formats or reproductible samples such as films, letterheads, business cards, fine-drawings, respectively photocopies. The embroidering is made in reasonable size and optimal colour at a suitable spot. Email address for logos: email@example.com
f. Graphic editing for the finishing: for certain logos that cannot be used 1:1 for creating an embroidery card, editing of the logo is necessary. The editing of the logo is charged according to effort at an hourly rate of € 60.00.
Proof copies and samples subject to approval must be checked for correctness by the purchaser and must immediately be made available to Como Corporate Fashion. The supplier is not liable for mistakes overlooked by the purchser.
The supplier is entitled to depict products produced by him in his own catalogues and in other print media, ads etc., to present them on exhibitions or fairs, as well as to make them available to other customers and to provide them with their respective addresses .
a. In case of commissioning us with work on an item, especially when ordering reproductions and other redesigning of an item, the purchaser guarantees that he holds the copyright for the respective item. Thus, he keeps us imnified against any liability resulting from a possibly existing copyright or other IP right. By transfer of the ownership of a piece of work produced by us – original or duplication piece – the copyright is not conveyed.
b. We reserve property rights and copyrights on our estimates of costs, drawings, pictures and other records. The records must not be made accessible to third parties.
a. Como Premium Card is issued by Como Corporate Fashion, Bahnhofstraße 2, 83059 Kolbermoor, Germany. It remains property of Como Corporate Fashion, is non-transferable and may only be used by the card holder.
b. Como Premium Card entitles the cardholder to use the stated direct discount and other benefits, especially discount benefits from Como Corporate Fashion for selected classes of goods as well as to benefits on occasion of special events. Discounts and other benefits apply to catalogue prices exclusively.
c. The validity is unlimited.
d. In case the card holder loses his/her card or the card holder notices fraudulent use of it by third parties, he or she must immediately inform Como Corporate Fashion and arrange the blocking of the card. Como Corporate Fashion is liable for damages that incur as a result of a culpably omitted or delayed reporting only in case of malice or gross culpability on the part of Como Corporate Fashion. In case of loss of the Como Premium Card the customer can request a substitute card from Como Corporate Fashion.
e. Como Corporate Fashion can effect amendments or additions to these terms and conditions at their equitable discretion, as long as those amendments or additions correspond to the equitability.
f. Data Protection – The card holder hereby agrees that his/her personal data are saved, processed and, as the case may be, transferred by Como Corporate Fashion, as far as this is necessary for fulfilling the purpose connected with the issuing of the card with due regard to the principles of data avoidance and data minimisation. Furthermore, the card holder agrees that his/her personal data may be used by Como Corporate Fashion for statistical purposes in order to supply the card holder with information on further offers by Como Corporate Fashion as well as its affiliates and other cooperating companies. A once given consent can be revoked towards Como Corporate Fashion at any time.
Place of delivery and payments is Kolbermoor, Germany. As far as the contracting party is a businessperson, a legal entity under public law or separate assets governed by public law, place of jurisdiction for all disputes arising over contractual relationships between the customer and the user shall be the seat of the user.
a. The legal relationship between the purchaser and the supplier is exclusively governed by German law. This especially applies to legal relationships with foreign business partners.
b. In case some articles are currently or no longer available, we reserve the right to offer alternatives, maybe also at deviating prices. Printing mistakes and errors reserved.
In the event any terms hereof, including these provisions, are or shall become invalid entirely or in part, or in the event this contract contains an omission, the validity of the other terms or parts thereof shall remain unaffected. In lieu of the invalid or omitted terms the respective legal provisions shall come into effect.
COMO Corporate Fashion – Owner: Giacomo Rugiano - Bahnhofstrasse 2 - 83059 Kolbermoor - Germany
The EU Commission provides on its website the following link to the ODR platform: http://ec.europa.eu/consumers/odr/
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.