(1) The following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to all sales concluded via the online store of the website www.coolscollection.com between the provider "COOLS - Contemporary Objects of Love GbR", Inh. Maria Francesca Staehle & Stefania Andorlini, Maybachufer 21, 12047 Berlin, Germany, (hereinafter "Provider" or "we") and the customer (hereinafter "Customer"). The product range in our online store is aimed equally at consumers and entrepreneurs, but only at end users. Deviating general terms and conditions of the customer are not recognized, unless the provider expressly agrees to their validity in writing.
(2) The Customer is (i) a consumer within the meaning of Section 13 of the German Civil Code (BGB), insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. On the other hand, (ii) an entrepreneur according to § 14 BGB is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
CONCLUSION OF CONTRACT
(1) The Customer can select from the range of products offered and add a product selection to a so-called shopping cart by clicking the "Add to Cart" button. By clicking the button "Order now" he makes a binding request for the purchase of goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. By clicking the button "Order now", the customer agrees to the validity of the General Terms and Conditions and the provisions on the right of withdrawal.
(2) After receipt of the offer, the Provider shall immediately send the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out. The automatic confirmation of receipt merely documents that the order of the customer has been received by the provider and does not represent an acceptance of the request. The contract is only concluded with the submission of the provider's declaration of acceptance, which is sent with a separate e-mail (order confirmation) within three working days or by sending the goods. In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, terms and conditions and order confirmation) will be sent to the customer by e-mail (contract confirmation). The contract text will be stored in compliance with data protection according to GDPR.
(3) The language available for the conclusion of the contract is English, consequently the English terms and conditions apply. In case of dispute about the interpretation of a provision of these Terms and Conditions in the English version, the German version shall prevail
PRICES, SHIPPING COSTS AND PAYMENT
(1) All prices stated on the website of the Provider are in Euro and include the applicable statutory value added tax. Shipping costs as well as customs duties and taxes for international shipping, if applicable, shall be borne by the customer. Shipping costs as well as duties and taxes will be stated to the customer on the occasion of the order and shown separately in the invoice. From an order value of 1200 Euro the delivery within Europe is free of charge. The order value for free shipping can be changed by the provider at any time.
(2) The provider accepts only the payment methods displayed to the customer during the order process (Paypal and credit card payment via Stripe).
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, he has to pay the provider for the year default interest in the amount of 5 percentage points above the prime rate. The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the provider. The customer has no right of set-off or retention, unless the counterclaim is undisputed or legally established.
SHIPPING, DELIVERY AND AVAILABILITY OF GOODS
(1) If the customer is a consumer, we shall bear the shipping risk in any case, regardless of the shipping method. If the customer is an entrepreneur, the risk is transferred to the customer as soon as we hand over the goods to the commissioned carrier, freight forwarder or other delivery agent designated to carry out the shipment.
(2) Delivery times stated by the supplier are calculated from the time of order confirmation, prior payment of the purchase price provided. The periods and dates stated by us for the dispatch of the goods and all delivery periods stated or otherwise agreed by us are always only approximate and are therefore non-binding.
(3) Products of the supplier are small series products, which are individually manufactured for the customer. In the event that the stock of materials required for the manufacture of the products is partially or completely depleted after confirmation of the order by the supplier, or products are temporarily unavailable, the supplier reserves the right to withdraw from the contract. In this case, the Provider undertakes to inform the Customer immediately by email and to refund any payments already made without delay or to negotiate an alternative delivery date with the Customer.
(4) It is possible to pre-order products. The stated delivery times for a pre-order may change. The customer will be informed about this.
(5) Unless expressly agreed otherwise, we shall determine the mode of shipment and the transport company at our reasonable discretion.
(6) We only owe the timely and proper delivery of the goods to the transport company and are therefore not responsible for delays caused by the transport company. A shipping time stated by us is therefore non-binding.
(7) Delivery shall be made to the delivery address provided by the customer. The delivery address may differ from the billing address. If no delivery address is given, delivery will be made to the billing address.
(8) Prior to any order or purchase, the Customer shall check, on the basis of the specified product dimensions and the information contained on the product data sheet, whether each ordered product is suitable for the local conditions of its dwelling (elevators, stairs, corridors, landings, room concerned,...) and can be delivered to the dwelling without any problems by the usual means of furniture transport (house entrance, staircase). The Customer shall take all necessary precautions for the proper handling of the delivery.
(9) The delivered products are accompanied by the delivery bill. The customer shall check their conformity with his order.
(10) If difficulties in the delivery of the Products for which the Customer is responsible or his absence on the agreed delivery date make a new delivery necessary, the Customer shall bear the costs thereof in the amount of € 50, - unless the Customer proves that the Supplier has incurred no or lower costs as a result.
RIGHT OF TITLE
We retain title to the goods delivered by us until the customer has paid the purchase price and any shipping costs in full.
Consumers who conclude a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity, have a statutory right of withdrawal as follows.
(1) Right of revocation
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. To exercise your right of withdrawal, you must inform us (COOLS - Contemporary Objects of Love GbR, Maybachufer 21, 12047 Berlin, DE, Tel +49 30 47059806, e-mail hello@coolscollection.com) by means of a clear declaration (e.g. a letter or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
(2) Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
(3) Special notes
The right of withdrawal does not apply to contracts for the supply of goods that are made to customer specifications or clearly tailored to personal needs.
(If you want to revoke the contract, you can fill out this form and send it back to us).
- To
COOLS - Contemporary Objects of Love GbR
Maybachufer 21
12047 Berlin
Letter/E-mail:
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/ items
about the purchase of the following goods (*)/
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of paper communication)
- Date(s)
(*) Please delete where not applicable
WARRANTY
We are liable for material defects in accordance with the applicable statutory provisions.
DATA PROTECTION
We collect, process or use personal data only in accordance with the provisions of data protection law. For details, please refer to our data protection declaration, which you can access at www.coolscollection.com/privacy or request from us at any time.
DISPUTE RESOLUTION
(1) The EU platform for out-of-court online dispute resolution can be reached at the following Internet address: https://ec.europa.eu/consumers/odr/
(2) The provider is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
FINAL PROVISIONS
(1) Contracts between the provider and customers are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction shall be the registered office of the Provider, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to also call upon the court at another legal place of jurisdiction shall remain unaffected by this.
(3) If the customer is a merchant as defined by. §(1) of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts in Berlin shall have exclusive jurisdiction for all disputes arising from or in connection with the contractual relationship in question. In all other cases, we or the customer may bring an action before any court having jurisdiction based on statutory provisions.
(4) The remaining parts of the contract shall remain binding even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become invalid.
(5) In the event of any discrepancies between the German and English versions of the GTC, the German version shall prevail.
