GENERAL TERMS & CONDITIONS
COCOON SPORTBEKLEIDUNG GMBH
§ 1 SCOPE
For the business relationship between COCOON and the purchaser, the following terms and conditions apply exclusively in their version valid at the time of the order unless compulsory statutory provisions contradict them.
COCOON does not accept deviating conditions of the customer, unless COCOON has expressly agreed to their validity in writing.
§ 2 CONCLUSION OF CONTRACT, DEFECTS AND WITHDRAWAL
COCOON undertakes to accept the order of the customer on the terms of the website. COCOON is entitled to withdraw from the order in the event of typing, printing or calculation errors. All offers are subject to the availability of the ordered goods and valid while stocks last.
The consumer has the right to exchange goods in case of defects. For the exchange of goods, the consumer must send them to COCOON within 30 days of receipt. The date of the postmark applies. COCOON can satisfy legitimate warranty claims by exchange or by improvement or price reduction. Minor deviations, e.g. in the processing, the masses or colors do not entitle to the complaint. If the complaint is not made in time, the goods are considered approved.
From receipt of the goods, the customer has a 30-day right of return if the goods are in unused condition. The date of the postmark applies. The purchase price of the goods will be refunded to the customer as soon as the goods have been received by COCOON. At customer request the purchase price can also be credited to other goods. The refund of the purchase price is usually made using the same means of payment chosen for the original purchase, unless another form of repayment has been expressly agreed with the customer.
The return of goods can be carried out via the service for returns offered by COCOON. If the goods are returned according to the specifications, there will be no costs for the consumer. The service offered for returns only applies to certain countries and can be revoked at any time by COCOON.
If the returned goods are not sent via COCOON‘s service for returns, but by another parcel or postal service, the parcel must always be returned franked and postpaid sufficiently. Non-franked consignments will not be accepted by COCOON and automatically returned to the customer.
If shipping costs were charged to the customer during the order, these will be refunded by COCOON to the customer if the delivery was a mistake by COCOON or the goods were damaged.
§ 3 DELIVERY
Unless otherwise agreed, delivery is carried out from the warehouse (AT-8410 Wildon) to the delivery address specified by the customer. The risk passes to the purchaser as soon as the delivery is handed over to the customer by the delivering parcel or postal service. The specified delivery times are not binding and there is no claim for compensation on the part of the customer in case of exceeding the specified or communicated delivery time. Partial deliveries are also permissible, whereby in the case of incurred shipping costs, these may only be charged once per order to the customer.
The delivery times for standard consignments in Austria are usually 48 hours, in the European Union up to 7 working days and in countries outside the European Union up to 14 working days.
These delivery times apply to orders received before 12:00 (CET). Delivery times for shipments to countries with customs regulations are subject to the time required for customs clearance in the country of destination.
Force majeure or interruptions of operations occurring for COCOON or its suppliers, for example by strike or lock-out, which temporarily prevent the seller without fault of his own to deliver the object of purchase within the time limits specified in clause 3.1, will change these periods by the duration of these malfunctions caused by the stated circumstances.
§ 4 PACKAGING, SHIPPING AND TRANSPORT INSURANCE
The customer will be charged the shipping costs specified during the ordering process.
Costs for packaging and transport insurance are included in the shipping costs. For certain destination countries, the shipping costs are dispensed for orders over a certain order amount. The information given at the time of the order applies.
§ 5 MATURITY AND PAYMENT, DELAY
The purchase price is due immediately upon ordering. The customer can pay the purchase price by credit card, PayPal or advance payment.
If the purchaser is in default of payment, COCOON is entitled to charge interest at the rate of 4% above the base interest rate p.a. announced by the Austrian National Bank. If COCOON has demonstrably incurred a higher damage caused by default, COCOON is entitled to assert it.
§ 6 SETTLEMENT, RETENTION
The purchaser is only entitled to offset if his counterclaims have been legally established as final and absolute or have been recognized by COCOON. Furthermore, he is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
§ 7 RESERVATION OF TITLE
The delivered goods remain the property of COCOON until the complete settlement of all claims existing against the customer.
§ 8 WARRANTY FOR DEFECTS AND LIABILITY
If COCOON is responsible for a defect in the purchased item, COCOON is entitled to choose whether to remedy the defect or to replace it. If COCOON is not prepared or unable to remedy the defect or if it is delayed beyond reasonable deadlines for reasons for which COCOON is responsible, or if the remedy of defects / replacement fails in any other way, the customer is entitled to withdraw from the contract or to demand a corresponding reduction of the purchase price. Unless otherwise stated in the information below, further claims of the purchaser - for whatever legal reasons - are excluded. COCOON is therefore not liable for damage that has not occurred to the delivered item itself. In particular, COCOON is not liable for lost profits or other pecuniary losses of the customer. If the liability of COCOON is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
The above limitation of liability does not apply if the cause of damage is based on intent or gross negligence. If COCOON negligently violates a contractual obligation, the obligation to pay compensation for damage to property or personal injury is limited to the typically occurring damage.
The warranty period is twenty-four months, calculated from the transfer of risk. This period is a period of limitation and also applies to claims for compensation for consequential damages, as far as no claims are made in tort.
§ 9 PROTECTION OF DATA PRIVACY
The purchaser has been informed in detail about the nature, extent, location and purpose of the collection, processing and use of personal data required for the execution of orders, the registration for the e-mail notification service and the transmission by COCOON. Personal data is all data that personally identifies you. The customer expressly agrees to the collection, processing and use of personal data. Detailed information on how personal data is handled when the customer visits COCOON‘s website or places an order via the COCOON webshop is provided separately in the privacy statement on this website. The customer is expressly advised of this information.
§ 10 APPLICABLE LAW AND JURISDICTION
Austrian law applies with exclusion of the UN Convention on Contracts for the International Sale of Goods (CISC).
The exclusive place of jurisdiction for all claims arising from the conclusion of the contract is Leibnitz. COCOON is also entitled to sue at the general place of jurisdiction of the customer.
COCOON SPORTBEKLEIDUNG GMBH
SANKT GEORGENER STRASSE 4A
AT-8410 WILDON AUSTRIA
Tel: +43 (0)3182 525 05 Fax: +43 (0)3182 525 05 15 firstname.lastname@example.org www.cocoonsports.com