Conditions

General Terms and Conditions of coolmobility GmbH (B to C)

§ 1 Scope

  1. Our terms and conditions of sale below 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. The contracts contain all agreements made between the buyer and us for the execution of the purchase contracts, which are set out in writing.

§ 2 Offer and conclusion of contract

  1. The buyer must register in our shop before placing an order.
  2. 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-binding and subject to change.
  3. Any buyer who is a consumer can cancel the purchase contract and return the goods in accordance with the provisions of the special cancellation and return policy. This will be sent to the buyer with the order confirmation.

    For deliveries to Switzerland, the purchase contract is concluded between the buyer and the
    MeinEinkauf AG, St. Gallen (CHE-331.561.017 VAT). This also assumes
    customs clearance, invoicing and delivery in Switzerland. This service is available in
    Purchase price and any shipping costs charged. To ensure a smooth
    To ensure delivery, MeinEinkauf GmbH in DE-Konstanz (DE285677365) is in
    the retail chain. This does not result in any additional costs for the buyer.

§ 3 Terms of Payment

  1. Our prices are ex warehouse Germany, excluding packaging and other costs, unless otherwise stated in the order confirmation. Our prices include statutory VAT. We will show this separately on 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 associated with 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 goods value of €199.00
From a goods value of 200.00 € 24.95

§ 5 Delivery and performance time

Unless a different deadline is specified in the respective offer, the goods are normally delivered within 5 - 7 days within Germany, and for international deliveries normally between 10 - 14 days after the conclusion of the contract (if advance payment has been agreed, after the time of your payment instruction). There may currently be delays in delivery due to the high order volume and staff shortages caused by the corona pandemic.

Please note that no deliveries are made on Sundays and public holidays.

If you have ordered items with different delivery times, we will send the goods in one shipment unless we have made different arrangements with you. In this case, the delivery time is determined by the item you ordered with the longest delivery time.

If you pick up the goods yourself, we will inform you by email about the availability of the goods and the collection options. In this case, no shipping costs will be charged.

§ 6 Transfer of Risk – Shipping/Packaging

The goods are shipped uninsured and at the buyer's risk. We will endeavor to take the buyer's wishes and interests into account with regard to the shipping method. Any additional costs resulting from this will 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

  1. If there is a defect in the goods for which we are responsible, we are obliged to provide 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 due to statutory regulations. The buyer must grant us a reasonable period of time for subsequent performance. The subsequent performance can be carried out by eliminating the defect or by delivering new goods, at the buyer's discretion. In the event of the defect being eliminated, we will bear the necessary costs. If subsequent performance fails, the buyer can, at his discretion, demand a reduction in the purchase price or declare withdrawal 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 two weeks of receiving the goods. Normal wear and tear does not constitute grounds for warranty claims.
  2. The statutory warranty period is two years from delivery.
  3. We are liable without limitation in accordance with the statutory provisions for damage to life, body 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 damage that is not covered by sentence 1 and that is based on intentional or grossly negligent breach of contract and fraudulent intent by us, our legal representatives or our vicarious agents, we are liable in accordance with the statutory provisions. In this case, liability for damages is limited to the foreseeable, typically occurring damage, provided that we, our legal representatives or our vicarious agents have not acted intentionally or with gross negligence.

§ 8 Retention of Title

  1. The delivered goods remain our property until all claims that we have against the buyer now or in the future have been met. In the event of the buyer's breach of contract, e.g. default in payment, we have the right to take back the reserved goods 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 sell the reserved goods after taking them back. After deducting a reasonable amount for the costs of sale, the proceeds from the sale are to be offset against the amounts owed to us by the buyer.
  2. In the event of third parties accessing the reserved goods, in particular in the event of seizure, the buyer will be informed of our ownership and notified immediately so that we can enforce our ownership rights. If the third party is unable to reimburse us for the legal and extrajudicial costs incurred in this connection, the buyer will be liable for these.

§ 9 Place of performance, applicable law, other

  1. The place of performance for deliveries from the purchase contracts concluded between us is Bielefeld.
  2. The relationship between the contracting parties is governed exclusively by the law applicable in the Federal Republic of Germany. The application of the uniform law on the international sale of movable goods and the law on the conclusion of international sales contracts for movable goods is excluded.
  3. Should one or more of these provisions be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected.