General Terms and Conditions (Online Shop)

§ 1 Scope and provider

(1) These General Terms and Conditions apply to all orders you place with the online shop of ColdWaterBox/Einzelunternehmung Christian Hotop (coldwaterbox.com).

(2) The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18.

(3) Our deliveries, services and offers shall be made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions shall therefore also apply to all future business relations with companies, even if they are not expressly agreed again. The inclusion of a customer’s General Terms and Conditions which contradict our General Terms and Conditions is hereby already objected to.

(4) Contractual languages are German and English.

(5) You can access and print out the currently valid General Terms and Conditions here.

§ 2 Conclusion of contract

(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.

(2) By clicking on the button “Order subject to payment” you submit a binding offer to purchase (§ 145 BGB).

(3) After receipt of the purchase offer, you will receive an automatically generated e-mail with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not yet represent acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.

(4) A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer or when we dispatch the goods – without prior express declaration of acceptance – to you.

§ 3 Prices

The prices stated on the product pages include the statutory VAT and other price components and do not include the respective shipping costs.

§ 4 Terms of payment; Default

(1) Payment shall be made either by bank transfer (advance payment) or by PayPal.

(2) If you choose the payment method bank transfer, we will provide you with our bank details in the order confirmation. The invoice amount is to be transferred to our account within 14 days after receipt of the order confirmation, stating the order number. The goods will be dispatched after receipt of your payment. You will receive the invoice in a separate e-mail.

(3) If you are in default with a payment, you are obliged to pay the statutory interest on arrears in the amount of 5 percentage points above the base interest rate. You will be charged a reminder fee of EUR 2.50 for each reminder sent to you after the default has occurred, unless lower or higher damages are proven in individual cases.

§ 5 Offsetting / Right of Retention

(1) You shall only have a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or is in a close synallagmatic relationship to our claim.

(2) You may only exercise a right of retention insofar as your counterclaim is based on the same contractual relationship.

§ 6 Delivery; Retention of Title

(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address provided by you.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur within the meaning of § 14 BGB, the following shall apply in addition:

– We retain title to the goods until all claims arising from the current business relationship have been settled in full. Pledging or transfer of ownership by way of security of the reserved goods is not permitted prior to the transfer of title.

– You may resell the goods in the ordinary course of business. In this case, you already now assign to us all claims in the amount of the invoice amount accruing to you from the resale. We accept the assignment, but you are authorised to collect the claims. Insofar as you do not properly fulfil your payment obligations, we reserve the right to collect claims ourselves.

– If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

– We undertake to release the securities to which we are entitled upon request to the extent that the realisable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is incumbent upon us.

§ 7 Cancellation policy

(1) Consumers are entitled to the statutory right of cancellation as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of cancellation.

(2) Please avoid damage and contamination. If possible, please return the goods to us in the original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide adequate protection against transport damage with suitable packaging in order to avoid claims for damages due to defective packaging.

(3) Please note that the modalities mentioned in the above paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of withdrawal.

§ 8 Transport damage

(1) If goods are delivered with obvious transport damage, please complain about such faults immediately to the delivery company and contact us as soon as possible.

(2) Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

§ 9 Warranty

(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 ff. BGB).

(2) If you are a consumer within the meaning of § 13 of the German Civil Code (BGB), the limitation period for warranty claims for used goods shall be one year – in deviation from the statutory provisions. This limitation does not apply to claims for damages arising from injury to life, limb or health or from the breach of an essential contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as to claims for other damages based on an intentional or grossly negligent breach of duty by the user or its vicarious agents.

(3) In all other respects, the statutory provisions shall apply to the warranty.

(4) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the statutory provisions shall apply with the following modifications:

– Only our own specifications and the manufacturer’s product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.

– You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch shall suffice to comply with the deadline. This shall also apply to hidden defects discovered later from the time of discovery. The assertion of warranty claims is excluded in the event of a breach of the obligation to inspect and give notice of defects.

– In the event of defects, we shall, at our discretion, provide warranty by repair or replacement (subsequent performance). In the event of repair, we shall not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.

– If the supplementary performance fails twice, you can demand a reduction or withdraw from the contract at your discretion.

– The warranty period is one year from delivery of the goods.

§ 10 Liability

(1) Unlimited liability: We shall be liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We shall be liable for slight negligence in the event of damage resulting from injury to life, body and health of persons.

(2) In all other respects, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which you may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of the damages foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favour of our vicarious agents.

§ 11 Final provisions

(1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.

(2) Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”).

(3) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you shall be.

Copyright (GTC are based on a sample from): HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de Chausseestraße 13,10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4