General terms and conditions of coolmobility GmbH (B to C)
§ 1 Scope
- Our following terms of sale 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 has to 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, according to the provisions of the special cancellation and return policy, cancel the purchase contract and return the goods. This will be sent to the buyer with the order confirmation.
§ 3 Terms of Payment
- Our prices apply ex warehouse Germany without packaging and without other costs, unless otherwise specified in the order confirmation. Our prices include the statutory VAT. We will show these separately in the invoice at the statutory rate on the day of invoicing.
- 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 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 goods value of 199.00 €
From a goods value of €200.00 €24.95
§ 5 Delivery and service time
Unless another period is specified in the respective offer, the delivery of the goods within Germany (Germany) usually takes place within 5 - 7 days, for deliveries abroad usually between 10 - 14 days after the conclusion of the contract (if advance payment has been agreed, after the date of your payment instruction). There may currently be delays in delivery due to the high volume of orders 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 ship the goods in one shipment, unless we have made any other agreements with you. In this case, the delivery time is determined by the item with the longest delivery time that you have ordered.
If you pick it up yourself, we will inform you by e-mail about the availability of the goods and the pick-up options. In this case, no shipping costs will be charged.
§ 6 Passing of Risk – Dispatch/Packaging
The goods are shipped uninsured at the risk of the buyer. We will endeavor to take into account the wishes and interests of the buyer with regard to the type of shipping. Any additional costs shall be borne by the buyer. If the customer is a consumer, the risk of deterioration or accidental loss passes to the customer upon delivery to the customer or if the customer is in default of acceptance.
§ 7 Warranty and Liability
- Insofar as there is a defect in the goods for which we are responsible, we are obligated to subsequent performance, excluding the buyer's rights to withdraw from the contract or to reduce the purchase price, unless we are entitled to refuse subsequent performance on the basis of statutory regulations. The buyer must grant us a reasonable period of time for supplementary performance. The supplementary performance can be carried out by eliminating the defect or by delivering new goods, at the buyer's option. In the event of a defect being remedied, we shall bear the necessary expenses. If the supplementary performance has failed, the buyer can choose to demand 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 a period of two weeks after receipt of the goods. Normal wear and tear does not justify any warranty claims.
- The statutory warranty period is two years from delivery.
- We are fully liable in accordance with the statutory provisions for damage to life, limb 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 damage that is covered by liability under the Product Liability Act. 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 intent by us, our legal representatives or our vicarious agents, we are liable according to the statutory provisions. In this case, the liability for damages is limited to the foreseeable, typically occurring damage, insofar as 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 breach of contract by the buyer, e.g. B. Default of payment, we have the right to take back the goods subject to retention of title after setting a reasonable deadline. If we take back the reserved goods or seize the reserved goods, this is a withdrawal from the contract. We are entitled to utilize the reserved goods after taking them back. After deducting an appropriate amount for the costs of exploitation, the proceeds of the exploitation are to be offset against the amounts owed to us by the buyer.
- If third parties access the goods subject to retention of title, in particular seizures, the buyer will be informed of our ownership and we will be informed immediately so that we can enforce our property rights. If the third party is not in a position to reimburse us for the court and out-of-court costs incurred in this connection, the buyer shall be liable for these.
§ 9 Place of Performance, Applicable Law, Miscellaneous
- Place of performance for deliveries from the sales 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 sales contracts for movable property is excluded.
- Should one or more of these provisions be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected.