Terms & Conditions

General terms and conditions of coolmobility GmbH (B to C)

  • 1 scope

(1) Our following conditions 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.

(2) In the contracts, all agreements made between the buyer and us for the execution of the purchase contracts are set out in writing.

§ 2 offer and conclusion of contract

 

(1) The buyer has to register in our shop before placing an order.

(2) We can accept an order from the buyer that 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.

(3) Every buyer who is a consumer can, in accordance with the provisions of the special cancellation and return instructions, cancel the purchase contract and send the goods back. This will be sent to the buyer with the order confirmation.

  • 3 Terms of Payment

(1) Our prices apply ex warehouse in Germany without packaging and without other costs, unless otherwise specified in the order confirmation. The statutory value added tax is included in our prices. We will show this separately in the invoice at the statutory rate on the day of invoicing.

(2) 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.

(3) Transport / shipping costs (including statutory VAT)

Shipping within Germany:
Free shipping from 59,00 € value of goods
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 € 49,95

  • 4 Delivery and performance time

Unless otherwise specified in the respective offer, the delivery of the goods in Germany (Germany) usually takes place within 5 - 7 days, for international deliveries usually between 10 - 14 days after conclusion of the contract (with agreed advance payment after the time of your payment instruction). Currently, there may be delays in delivery due to the high order volume and staff shortfalls caused by the corona pandemic.

Note that on Sundays and public holidays no notification is made.

Have you ordered items with different delivery times, we will ship the goods in a common mission, unless we have made no agreements with you. The delivery time is determined in this case according to the article with the longest delivery time you have ordered.

In case of self-collection, we will inform you by e-mail about the delivery of the goods and the possibilities of taking off. In this case, no shipping costs will be charged.

  • 5 Transfer of Risk - Shipping / Packaging

The dispatch of the goods is not insured 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 shipment. Any additional costs shall be borne by the buyer. The risk of deterioration or accidental loss - if the customer is a consumer - is transferred to the customer upon delivery to the customer or if the customer is in default of acceptance.

 

  • 6 Warranty and liability

 

(1) If there is a defect in the goods for which we are responsible, we are obliged to perform subsequent performance, excluding the buyer's rights to withdraw from the contract or to reduce the purchase price, unless we are obliged to refuse subsequent performance due to the statutory provisions are entitled. The buyer has to grant us a reasonable period of time for supplementary performance. At the buyer's option, supplementary performance can be carried out by eliminating the defect or by delivering new goods. In the event of a defect being rectified, we shall bear the necessary expenses. If the supplementary performance has failed, the buyer can choose to either 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 notify the defect within two weeks of receiving the goods. Wear and tear to the normal extent do not justify any warranty claims.

(2) The statutory warranty period is two years from delivery.

(3) We are fully liable in accordance with the statutory provisions for damage to life, body and health based on a negligent or willful breach of duty by us, our legal representatives or our vicarious agents, as well as for damage covered by liability under the Product Liability Act . For damages that are not covered by sentence 1 and that are based on willful or grossly negligent breaches of contract as well as malice on the part of us, our legal representative or our vicarious agents, we are liable in accordance with the statutory provisions. In this case, the liability for damages is limited to the foreseeable, typically occurring damage, unless we, our legal representatives or our vicarious agents have acted willfully or with gross negligence.

 

  • 7 retention of title

(1) The delivered goods remain our property until all claims to which we are entitled against the buyer now or in the future have been met. In the event of breach of contract by the buyer, e.g. B. default in 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 goods subject to retention of title or if we seize the goods subject to retention of title, this is a withdrawal from the contract. We are entitled to dispose of the reserved goods after they have been taken back. After deducting an appropriate amount for the disposal costs, the proceeds from the disposal must be offset against the amounts owed to us by the buyer.

(2) If third parties access the reserved goods, in particular seizures, the buyer will be informed of our ownership and notify us immediately so that we can enforce our property rights. If the third party is unable to reimburse us for the judicial and extrajudicial costs incurred in this connection, the buyer shall be liable for them.

  • 8 Place of performance, applicable law, other

(1) The place of performance for deliveries from the sales contracts concluded between us is Bielefeld.

(2) 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 as well as the law on the conclusion of international sales contracts for movable property is excluded.

(3) Should one or more of these provisions be or become ineffective or unenforceable, the validity of the remaining provisions shall not be affected.