General terms and conditions of coolmobility GmbH (B to C)
§ 1 Scope
- Our conditions of sale below apply to all contracts concluded between the buyer and us for the delivery of goods. They also apply to all future business relationships, even if they are not expressly agreed again.
- All agreements made between the buyer and us for the execution of the purchase contracts are set out in writing in the contracts.
§ 2 Offer and conclusion of contract
- The buyer must register in our shop before placing an order.
- We can accept the buyer's order, which qualifies as an offer to conclude a purchase contract, within two weeks by sending an order confirmation or by sending the ordered products within the same period. Our offers are non-committal and non-binding.
- Any buyer who is a consumer can revoke the purchase contract and return the goods in accordance with the provisions of the special cancellation and return instructions. This will be sent to the buyer with the order confirmation.
§ 3 Payment conditions
- Our prices apply ex warehouse in Germany without packaging and without other costs, unless otherwise specified in the order confirmation. Our prices include statutory VAT. We will show this separately in the invoice at the statutory rate on the day the invoice is issued.
- We offer the following payment methods: PayPal, credit card (VISA, Mastercard, American Express, Maestro), SOFORT, EPS, ideal, Bancontact, Google Pay, Apple Pay.
Any costs of a money transaction are to be borne by you.
§ 4 Transport/shipping costs (including statutory VAT)
Shipping within Germany:
Free shipping costs for orders over €59.00
€4.95 flat rate up to €58.99 value of goods
Shipping to EU countries:
Flat rate shipping costs: €9.95 up to a value of €199.00
From a goods value of 200.00 € 24.95
§ 5 Delivery and service time
Unless a different deadline is specified in the respective offer, delivery of the goods within Germany (Germany) usually takes place within 5 - 7 days, for deliveries abroad usually between 10 - 14 days after conclusion of the contract (if advance payment has been agreed, after the time of your payment instruction). There may currently be delays in delivery due to the high order volume and staff shortages caused by the corona pandemic.
Please note that there is no delivery on Sundays and public holidays.
If you have ordered items with different delivery times, we will send the goods in one shipment, unless we have made different agreements with you. In this case, the delivery time is determined by the item with the longest delivery time that you ordered.
If you collect the goods yourself, we will inform you by email about the availability of the goods and the collection options. In this case, no shipping costs will be charged.
§ 6 Transfer of risk – shipping/packaging
The goods are shipped uninsured at the buyer's risk. We will endeavor to take the buyer's wishes and interests into account regarding shipping methods. Any additional costs shall be borne by the buyer. The risk of deterioration or accidental loss passes to the customer - if the customer is a consumer - upon delivery to the customer or if the customer is in default of acceptance.
§ 7 Warranty and liability
- If there is a defect in the goods for which we are responsible, we are obliged to provide subsequent performance, excluding the buyer's rights to withdraw from the contract or reduce the purchase price, unless we are entitled to refuse subsequent performance due to legal regulations. The buyer must grant us a reasonable period of time for subsequent performance. At the buyer's discretion, supplementary performance can be carried out by eliminating the defect or by delivering new goods. If the defect is eliminated, we will bear the necessary expenses. If subsequent performance fails, the buyer can, at his discretion, request a reduction in the purchase price or withdraw from the contract. Claims for damages due to obvious material defects in the delivered goods are excluded if the customer does not report the defect within two weeks of receipt of the goods. Normal wear and tear do not constitute warranty claims.
- The statutory warranty period is two years from delivery.
- We are fully liable in accordance with the legal provisions for damage to life, body and health that is based on a negligent or intentional breach of duty by us, our legal representatives or our vicarious agents, as well as for damages that are covered by liability under the Product Liability Act. We are liable in accordance with the statutory provisions for damages that are not covered by sentence 1 and that are based on intentional or grossly negligent breaches of contract as well as fraudulent behavior on the part of us, our legal representatives or our vicarious agents. In this case, liability for damages is limited to the foreseeable, typically occurring damage, provided that we, our legal representatives or our vicarious agents have not acted intentionally or with gross negligence.
§ 8 Retention of title
- The delivered goods remain our property until all claims to which we are entitled against the buyer now or in the future have been fulfilled. In the event of the buyer's behavior in breach of contract, e.g. B. Delay in payment, we have the right to take back the reserved goods after setting a reasonable deadline. If we take back the reserved goods or seize the reserved goods, this constitutes a withdrawal from the contract. We are entitled to use the reserved goods after they have been taken back. After deducting an appropriate amount for the costs of exploitation, the proceeds of exploitation must be offset against the amounts owed to us by the buyer.
- If third parties access the reserved goods, in particular seizures, the buyer will point out our ownership and notify us immediately so that we can enforce our ownership rights. If the third party is unable to reimburse us for the legal and extrajudicial costs incurred in this context, the buyer is liable for this.
§ 9 Place of performance, applicable law, other
- The place of fulfillment for deliveries from the purchase contracts concluded between us is Bielefeld.
- The relationships between the contracting parties are governed exclusively by the law applicable in the Federal Republic of Germany. The application of the uniform law on the international purchase of movable property and the law on the conclusion of international purchase contracts for movable property is excluded.
- Should one or more of these provisions be or become invalid or unenforceable, the effectiveness of the remaining provisions will not be affected.