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General Terms and Conditions

for the web store of the

cocoome e.U.

Status: November 2022

  • Scope of application

These general terms and conditions (hereinafter referred to as “GTC”) of the registered sole proprietorship, cocoome e.U., (hereinafter referred to as “COCOOME”) apply in the version valid at the time of the order for all contractual agreements concluded within the framework of the web store. www.cocoome.com between COCOOME and private and commercial customers.

By placing an order, the customer agrees to these GTC. These GTC shall apply to all future transactions, even without further express agreement.

Amendments and supplements to the GTC as well as verbal agreements that deviate from the content of these GTC shall only become effective with written confirmation by COCOOME. COCOOME expressly objects to any general terms and conditions of business or purchase of the customer. General terms and conditions submitted by the customer that deviate from these GTC shall not be valid unless their validity has been expressly agreed in writing.

  • Contract language

The contract language is German. All other information, customer services and complaint handling are offered in German.

  • Applicable law, place of jurisdiction and place of performance

These GTC and the contracts to be concluded under these GTC shall be governed by Austrian substantive law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). If the legal transaction is not concluded with a consumer, the parties agree that the competent court in Graz shall have exclusive jurisdiction. In this case, the place of fulfillment for performance and payment is the registered office of COCOOME.

  • Online dispute resolution platform

The EU Commission offers the possibility of online dispute resolution on an online dispute resolution platform operated by it. This dispute resolution platform can be accessed via the external link
http://ec.europa.eu/consumers/odr
reachable.

  • Data protection

The contracting party agrees that its personal data, namely name, address, e-mail address and telephone number, may be processed by cocoome e.U. for the purpose of fulfilling the order and sending advertising material.

This consent can be revoked at any time by providing the relevant contact details and proof of identity. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

  • Conclusion of contract

All offers from COCOOME are invitations to the customer to submit an offer. The offers from COCOOME are subject to change. The customer’s order constitutes a binding offer to conclude a contract. Orders can be placed online, by telephone or by e-mail. It is only possible to place an order if the customer details are provided in full.

The receipt of the order by COCOOME is displayed on the website, whereby this does not yet constitute acceptance of the contract by COCOOME. The contract shall only become effective with the order confirmation from COCOOME or by the actual provision of services to the customer.

  • Prices, shipping costs, due date and default

The shipping costs are shown separately during the ordering process. The product prices indicated by COCOOME at the end of the order process are final prices and include the statutory value added tax including shipping costs for customers who are consumers.

Unless a discount has been expressly agreed, the customer shall not be entitled to deduct a discount. Unless otherwise agreed, the purchase price is due immediately upon the customer placing the order.

COCOOME accepts the following payment methods:

  • Prepayment/bank transfer

The customer will receive the bank transfer details after placing the order.

  • PayPal

The customer will receive the details of the PayPal account to which payment is to be made after placing the order.

  • Credit card (VISA, Mastercard)

The amount is debited immediately after the order is placed.

In the event of late payment, default interest shall be charged at the statutory rate from the due date of the claim (for transactions between companies, however, expressly 9.2% above the respective base interest rate of the Austrian National Bank). Furthermore, in the event of late payment for transactions between companies, a lump sum of € 40.00 will be charged as compensation for collection costs. Any further (statutory) claims shall remain unaffected.

If the customer is not a consumer, any complaint about the goods does not entitle COCOOME to withhold the purchase price due. A set-off of own claims against claims of COCOOME is not permitted unless the claim is undisputed or has been legally established or is not related to the liability of the customer.

  • Delivery

COCOOME executes the order without unnecessary delay. If the ordered goods are in stock, they will generally be dispatched within one week of the order being placed. If the goods are not in stock, COCOOME will inform the customer of the expected delivery date by e-mail. However, deadlines and delivery dates are non-binding and shall only be regarded as a guideline unless they are expressly declared as binding in writing.

The delivery address specified by the customer is decisive for the delivery, unless otherwise agreed. If delivery to the customer is not possible because the customer does not accept the ordered goods or has not correctly specified the delivery address, the customer shall bear the costs for the unsuccessful delivery. If the customer is not a consumer, he undertakes to notify COCOOME as well as the forwarding agent, post office or other carrier of any transport damage immediately after it has been detected in writing or by e-mail.

COCOOME reserves the right, at its discretion, to send orders for multiple items either separately or collectively, especially if the quantities ordered are not available at once.

If the customer waives delivery and reserves the right to collect the ordered goods himself, COCOOME will only deliver the goods against prepayment/bank transfer.

  • Duty to inform

The client must truthfully provide COCOOME with all information and facts necessary for the provision of services.

COCOOME should be informed immediately of any changed circumstances, in particular changes to the client’s data (name, address, e-mail).

  • Cancellation policy

Customers who are to be regarded as consumers may withdraw from a distance contract or a contract concluded away from business premises within 14 days without giving reasons. The information on the conditions and consequences of revocation are set out in the following revocation instructions:

Right of withdrawalYou have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods or on which you or a third party named by you, who is not the carrier, have taken possession of the last goods, the partial shipment or the last item. To exercise your right of withdrawal, you must send us

cocoome e.U.

Hengsberg 64

8411 Hengsberg

Tel: 0650/7700793

E-mail: service@cocoome.com

of your decision to withdraw from this contract by an unequivocal statement (e.g. by e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Please note that you must return the item in the condition in which you received it. That means, the The article must also be new and unused as well as complete be complete.

Brand labels and hangtags must remain on the product if you wish to return it. The goods must also be returned in their original packaging.

Consequences of revocation

If you withdraw from this contract, we must refund all payments we have received from you (excluding delivery costs) immediately and at the latest within fourteen days from the day on which we receive the return shipment.

For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us (cocoome e.U., Hengsberg 64, A-8411 Hengsberg) immediately and in any case within fourteen days of receipt at the latest. The deadline is met if you send the goods before the period of fourteen days has expired.

The customer shall bear the transport costs and the risk for the return transport of the exchange shipment. For administrative reasons, consignments that have not been sufficiently franked cannot generally be accepted.

You must pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check their condition, properties and functionality or if the goods are returned in a used condition.

Exceptions to the right of withdrawal

The right of withdrawal does not apply in particular to orders for the following goods:

  • Goods that are manufactured according to customer specifications or are clearly tailored to personal requirements;
  • Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that the seal has been removed after delivery.
  • Retention of title

The delivered goods remain the property of COCOOME until all claims arising from the contract, including interest, discounts unjustifiably withheld by customers or deductions not recognized by COCOOME, costs incurred and the like, for whatever legal reason, have been paid.

As long as a retention of title exists and not all claims have been settled in full, the customer undertakes to treat the goods with care and to comply with the proper duty of care.

Pledging or transfer of ownership by way of security prior to full payment is excluded. Should the goods be seized or confiscated or otherwise seized by third parties, the customer must point out COCOOME’s ownership, inform COCOOME immediately and provide COCOOME with all information and documents necessary to enforce the ownership right.

  • Warranty

If the customer is a consumer, the general statutory provisions of warranty law shall apply. Warranty is the statutory liability of COCOOME for defects that the purchased goods have at the time of delivery to the customer. Defects that only occur at a later date are not covered by the warranty. Warranty claims must be asserted within a period of two years from handover, whereby COCOOME must prove within the first six months from handover that the defect did not exist at the time of handover. After the seventh month from handover, the customer is then obliged to provide evidence. In this case, COCOOME is entitled to rectification or replacement. Only if the improvement or replacement is impossible or would involve a disproportionately high effort for COCOOME or COCOOME cannot comply with the request for replacement or improvement or cannot comply within a reasonable period of time, the customer is entitled to demand a price reduction or rescission (complete annulment of the contract).

If the customer is not a consumer, the customer must check the goods for completeness and conformity with the order immediately upon receipt. Obvious defects must be reported in writing immediately upon receipt, defects recognizable upon proper inspection within eight days of receipt, and other defects within one week of their discovery, with a detailed description of the defect. If no complaint is made, acceptance shall be deemed to have taken place and any warranty shall be excluded. In the event of a proper complaint, the provisions of warranty law shall apply. A warranty period of one year is agreed between customers who are not consumers and COCOOME.

Insofar as a manufacturer has given a voluntary promise that the goods will function properly for a certain period of time (manufacturer’s warranty), the manufacturer’s warranties in this regard shall apply. The conditions and limitations of the respective manufacturer warranties can be found in the respective warranty conditions.

  • Liability

If the customer is a consumer, the general statutory liability provisions shall apply. Liability for slight negligence is excluded. Claims for damages lapse within 3 years of knowledge of the damage and the damaging party.

If the customer is not a consumer, COCOOME is not liable for a specific result and in any case only for grossly negligent breaches of duty and at most up to the fair market value of the goods ordered by the customer. Liability for slight negligence is excluded in any case. In addition, COCOOME is only liable for typical and foreseeable damages, i.e. for those that could reasonably be expected to occur at the time of conclusion of the contract according to the circumstances known at that time. Claims arising from (consequential) damages as well as from damages for which the customer can obtain insurance cover or which are controllable by the customer, from other indirect damages and losses or loss of profit and generally financial losses, in particular from defective, omitted or delayed provision of services, are expressly excluded. The claims for damages to which the customer, who is not a consumer, is entitled in accordance with the above provisions shall become statute-barred within six months of becoming aware of the damage and the party causing the damage; damages under the Product Liability Act shall be governed by the statutory limitation provisions. A recourse liability in the sense of § 12 PHG is excluded, unless the party entitled to recourse proves that the error was caused in the sphere of COCOOME and was at least grossly negligent.

  • Force Majeure

If the customer is not a consumer, force majeure or other unforeseen obstacles in the sphere of COCOOME them from complying with the agreed obligations. Force majeure also includes, in particular, operational and traffic disruptions, improper performance by subcontractors, transport interruptions or production stoppages; for the duration of the aforementioned hindrance, COCOOME is released from the obligation to provide services without the customer being entitled to a price reduction or other compensation.

  • Severability clause

The invalidity of any provision of these GTC shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by an economically equivalent or similar but permissible provision.

  • Final provisions:

All images, logos and photos used on this website and on the website www.cocoome.com are protected by copyright and may only be used (e.g. reproduced, edited, made publicly available, distributed, etc.) with the express prior consent of Julia Pötsch to the extent permitted by such consent. The same applies to texts contained on this website and on www.cocoome.com, insofar as these constitute works within the meaning of the Copyright Act.

Sample withdrawal form

(If you wish to cancel the contract, please fill out this form and send it back to us)

To the

cocoome e.U.

Hengsberg 64

A-8411 Hengsberg

Tel: 0650/7700793

E-mail: service@cocoome.com

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)

Name of the consumer(s): ………………………………………………………………………………………..

Address of the consumer(s): ………………………………………………………………………………………..

………………………………………………………………………………………..

………………………………………………………………………………………..

Signature of the consumer(s) …………………………………………………. (only for communication on paper)

Date ……………………………………………..

(*) Delete as appropriate.

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