Terms and Conditions

for the Web-Shop of

cocoome e.U.

Status: July 2024

• Scope of Application

These general terms and conditions (hereinafter referred to as "T&C") of the registered sole proprietorship cocoome e.U. (hereinafter referred to as "COCOOME") apply in the version valid at the time of order for all contractual agreements concluded within the framework of the Web-Shop www.cocoome.com between cocoome and private and commercial customers.

By placing an order, the customer agrees to these Terms and Conditions. These Terms and Conditions apply to all future transactions, even without any further explicit agreement. 

Amendments and supplements to these Terms and Conditions as well as oral agreements that deviate from the content of these Terms and Conditions shall only become effective with written confirmation by cocoome. cocoome expressly rejects any general terms and conditions of business or purchase of the customer. General terms and conditions submitted by the customer that deviate from these Terms and Conditions have no validity unless their applicability has been expressly agreed to in writing.

• Contract Language

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

• Applicable Law, Jurisdiction and Place of Performance

These Terms and Conditions and the contracts to be concluded under these Terms and Conditions are governed by Austrian substantive law, excluding the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Law). Insofar as the legal transaction is not concluded with a consumer, the parties agree to the exclusive jurisdiction of the competent court in Graz. The place of performance for services and payment is in this case the registered office of cocoome.

• Online Dispute Resolution Platform

The EU Commission offers the possibility of online dispute resolution through 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 accessible.

• Privacy Policy

The contracting party agrees that their personal data, namely name, address, email address and telephone number, will be processed by cocoome e.U. for the purpose of fulfilling the order and sending promotional materials.

This consent can be withdrawn at any time by providing the appropriate contact information and proof of identity. The withdrawal does not affect the lawfulness of the processing carried out until that point.

• Contract Formation

All offers from cocoome are invitations for the customer to make an offer. The offers from cocoome are non-binding. Your order constitutes a binding offer to conclude a contract with us. Orders can be placed online, by phone, or by email. An order is only possible if you provide complete customer information. 

The receipt of your order at cocoome is displayed on the website, but this does not yet constitute acceptance of the contract by cocoome. The contract becomes legally binding only through the order confirmation from cocoome or through the actual performance of the service to you. 

• Prices, Shipping Costs, Due Date and Default

Shipping costs are shown separately during the ordering process. The product prices indicated by cocoome at the end of the ordering process are final prices and include statutory VAT and shipping costs for customers who are consumers. 

Unless a discount has been expressly agreed upon, the customer is not entitled to deduct a discount. The purchase price is generally due immediately upon the customer's order, unless otherwise agreed.

cocoome accepts the following payment methods:

• Advance payment/Bank transfer

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

• PayPal

After placing your order, you'll receive the details of which PayPal account the payment should be made to.

• Credit card (VISA, Mastercard)

The charge will be processed immediately after your order is placed.

In case of late payment, default interest at the statutory rate will be charged from the due date (for transactions between businesses, however, explicitly 9.2% above the respective base interest rate of the Österreichische Nationalbank). Furthermore, in case of late payment for transactions between businesses, a flat-rate compensation for collection costs of €40.00 will be charged. Any further (statutory) claims remain unaffected.

If the customer is not a consumer, any complaint about the goods does not entitle them to withhold the purchase price owed to cocoome. Set-off of own claims against cocoome's claims is not permitted unless the claim is undisputed or has been legally established or is directly related to the customer's obligation.

• Delivery

cocoome processes orders without unnecessary delay. Ordered goods are shipped – if they are in stock – generally within one week of the order. If the goods are not in stock, cocoome will notify the customer of the expected delivery date by email. However, delivery timeframes and delivery dates are non-binding and serve only as a guideline unless expressly declared as binding in writing.

The delivery address specified by the customer is decisive for delivery, unless otherwise agreed. If delivery to the customer is not possible because the customer does not accept the ordered goods or the delivery address is not correctly specified, the customer bears the costs of the failed delivery. Insofar as the customer is not a consumer, they agree to report any transport damage in writing or by email to cocoome, as well as to the freight company, Post AT, or any other carrier, immediately upon discovery.

cocoome reserves the right to ship multiple-item orders either separately or collectively at its discretion, particularly if the ordered quantities are not available all at once.

Should the customer waive delivery and reserve the right to pick up the ordered goods themselves, cocoome will only release the goods against prepayment/bank transfer.

• Information Obligations

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

Changed circumstances, in particular changes to customer data (name, address, email) should be communicated to cocoome without delay.

• Withdrawal Information

Customers who are considered consumers may withdraw from a distance contract or a contract concluded outside of business premises within 14 days without stating reasons. The information on the prerequisites and consequences of withdrawal is provided in the withdrawal information below:

Right of Withdrawal   You 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 designated by you, who is not the carrier, took possession of the goods, or from the day on which you or a third party designated by you, who is not the carrier, took possession of the last item, partial shipment or last piece. To exercise your right of withdrawal, must contact us cocoome e.U. Vitalplatz 1 / Top 8 8504 Preding Tel: 0676/ 944 4630 E-Mail: service@cocoome.com by means of a clear statement (e.g. by e-mail) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, but it is not mandatory. To meet the withdrawal deadline, it is sufficient that you send your notice of exercising the right of withdrawal before the withdrawal period expires. Please note that you must return the item in the condition in which you received it. This means, the item must also be returned new and unused as well as complete . Brand labels and hang tags (tags) must remain on the product if you wish to return it. Additionally, the goods must be returned in their original packaging. "Shop worry-free – but please shop mindfully!" If you're not happy with our product, you can return it to us within 14 days of receipt. Shopping with us is worry-free – but returns not only take time, they also consume valuable resources. 🌍 Consequences of withdrawal If you withdraw from this contract, we will refund all payments received from you (excluding shipping costs) immediately and in any case within fourteen days from the day the return is received by us.  We'll process your refund using the same payment method you used for your original purchase, unless we've agreed on something different. You won't be charged any fees for this refund. We can refuse the refund until we receive the goods back or until you provide proof that you've returned them, whichever comes first.  You must return or hand over the goods to us (cocoome e.U., Vitalplatz 1 / Top 8, A-8504 Preding) promptly and no later than fourteen days from receipt. The deadline is met if you send the goods before the fourteen-day period expires. The customer bears the shipping costs and risk for returning the exchange shipment. Parcels that are not sufficiently prepaid cannot be accepted for administrative reasons. You must cover any loss in value of the goods if this loss results from handling beyond what's 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 the ordering of the following goods:

• Goods manufactured according to customer specifications or clearly tailored to personal needs;
• Goods delivered sealed and unsuitable for return for reasons of health protection or hygiene, provided their seal is removed after delivery.

• Reservation of Title

The goods delivered remain the property of cocoome until all claims under the contract, including interest, any discounts improperly retained by customers, or deductions not recognized by cocoome, incurred costs and the like, from whatever legal basis, have been paid. 

As long as a reservation of title exists and not all claims have been paid in full, the customer undertakes to treat the goods carefully and to maintain ordinary diligence.

Pledging or transfer of title by way of security prior to full payment are excluded. Should the goods be pledged, seized, or accessed by third parties in any other manner, the customer must point out COCOOME's ownership, inform COCOOME immediately, and provide all information and documents required to enforce the ownership right to COCOOME.

• Warranty

To the extent that the customer is a consumer, the general statutory provisions of warranty law 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 arise at a later date are generally not covered by warranty. Warranty claims must be made within two years from delivery, whereby during the first six months from delivery cocoome must prove that the defect did not exist at the time of delivery. After the seventh month from delivery, the customer bears the burden of proof. In this case, cocoome is entitled to repair or replacement. Only if repair or replacement is impossible or would require disproportionate effort on cocoome's part, or if cocoome cannot meet the request for replacement or repair within a reasonable time, is the customer entitled to request a price reduction or rescission (complete termination of the contract).

To the extent that the customer is not a consumer, the customer must check the goods immediately upon receipt for completeness and conformity with the order. Obvious defects must be reported in writing immediately upon receipt, defects discoverable upon proper inspection must be reported within eight days of receipt, and other defects must be reported within one week of discovery, with a detailed description of the defect. If the notice is not given, acceptance is deemed to have occurred and all warranty is excluded. If notice is properly given, the provisions of warranty law apply. Between customers who are not consumers and cocoome, a warranty period of one year is agreed upon.

To the extent that a manufacturer has made a voluntary commitment that the goods will function properly for a specific period of time (manufacturer's warranty), the manufacturer's warranties apply accordingly. The conditions and limitations of the respective manufacturer warranties can be found in the respective warranty terms.

• Liability

To the extent that the customer is a consumer, the general statutory liability provisions apply. Liability for slight negligence is excluded. Claims for damages expire within 3 years from knowledge of the damage and the person responsible.

To the extent that the customer is not a consumer, cocoome is not liable for a specific result and in any case only for grossly negligent breaches of obligation and at most up to the ordinary value of the goods ordered by the customer. Liability for slight negligence is in any case excluded. Furthermore, cocoome is only liable for typical and foreseeable damages, that is, those with which it would be reasonable to expect upon conclusion of the contract given the circumstances known at that time. Claims arising from (defective) consequential damages as well as from damages for which the customer can obtain insurance coverage or which are manageable by the customer, from other indirect damages and losses or lost profits as well as generally pecuniary losses, in particular from defective, omitted or delayed performance, are expressly excluded. The claims for damages to which the customer, who is not a consumer, is entitled according to the above provisions expire within six months of knowledge of the damage and the person responsible; compensation according to the Product Liability Act is governed by the statutory limitation periods. Recourse liability within the meaning of § 12 PHG is excluded, unless the party entitled to recourse proves that the defect was caused in the sphere of cocoome and was at least grossly negligently caused.

• Force Majeure

To the extent that the customer is not a consumer, force majeure or other unforeseen obstacles in the sphere of COCOOME compliance with the agreed obligations. Force majeure in particular includes operational and traffic disruptions, improper performance by sub-suppliers, transport interruptions or production stoppages; for the duration of the aforementioned obstruction, COCOOME is relieved of the obligation to provide services, without the customer having any claims for price reduction or other damages.

• Severability Clause

The invalidity of any provision of these Terms and Conditions does not affect the validity of all other provisions. The invalid provision shall be replaced by an economically equivalent or similar, but permissible provision. 

• Final Provisions:

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

Sample Withdrawal Form 

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

To the attention of

cocoome e.U.

Vitalplatz 1 / Top 8

A-8504 Preding

Phone: 0676/ 944 4630

Email: 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): ………………………………………………………………………………………..

………………………………………………………………………………………..

………………………………………………………………………………………..

Consumer's signature ………………………………………………….. (only when notified on paper)

Date …………………………………………….

(*) Delete as applicable.