General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) These General Terms and Conditions apply to all contracts that you conclude with us as the seller (Oliver Dunkel) via the website www.cotonluv.com. Unless otherwise agreed, we object to the inclusion of any of your own terms and conditions.
(2) A consumer, within the meaning of the following provisions, is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
§ 2 Conclusion of Contract
(1) The subject of the contract is the sale of goods..
(2) With the placement of the respective product on our website, we submit a binding offer to you to conclude a contract via the online shopping cart system under the conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
(4) Inquiries from you regarding the creation of an offer are non-binding for you. We will make you a binding offer in text form (e.g., by email), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place by e-mail and is partly automated. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, is not blocked by SPAM filters.
§ 3 Term of Contract / Termination of Subscription Contracts
(1) The subscription contract concluded between you and us has an indefinite term. The contract can be terminated by both parties with a notice period of one month to the end of the month (unless otherwise specified in the respective offer).
(2) The right to terminate without notice for important reasons remains unaffected.
(3) Any termination must be justified and sent to us in writing (e.g., by e-mail) or via the cancellation button on our website ("Cancel order here" or similar designation).
§ 4 Special agreements on offered payment methods
(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Payment is made to Klarna:
Further information on Klarna and Klarna's terms of use for Austria can be found at cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/user and www.klarna.com/at/.
(2) Payment via "PayPal" / "PayPal Checkout"
If a payment method offered via "PayPal" / "PayPal Checkout" is selected, the payment processing is carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are shown to you under a correspondingly labeled button on our website and in the online ordering process. For payment processing, "PayPal" may use other payment services; insofar as special payment conditions apply, you will be informed individually. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 5 Right of Retention, Retention of Title
(1) You can only exercise a right of retention if the claims result from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following applies:
a) We reserve title to the goods until all claims arising from the ongoing business relationship have been fully settled. Pledging or transfer of ownership by way of security of the reserved goods before the transfer of ownership is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims that accrue to you from the resale, up to the invoice amount. We accept the assignment. You remain authorized to collect the assigned claim. If you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of combination or mixing of the reserved goods with other goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the invoice value of the other processed items at the time of processing.
d) We undertake to release the securities due to us at your request, insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.
§ 6 Statutory Warranty
(1) Statutory warranty rights apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will not affect your statutory warranty rights.
(3) If a characteristic of the goods does not meet the objective requirements, the deviation shall only be deemed to have been agreed if we have informed you of this deviation before the submission of your contractual declaration and the deviation has been expressly and separately agreed between the contracting parties.
(4)
(1) German law shall apply. For consumers, this choice of law applies only insofar as it does not override the protection afforded by mandatory provisions of the law of the state in which the consumer has his habitual residence (favorability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) are expressly excluded.
II. Customer Information
1. Identity of the Seller
Oliver Dunkel
Bergstr. 49
07639 Bad Klosterlausnitz
Germany
Phone: 03660190582
Email: shop@cotonluv.com
We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
2. Information about the Conclusion of the Contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the regulations "Conclusion of the contract" in our General Terms and Conditions (Part I).
3. Contract Language, Storage of the Contract Text
3.1 The contract language is French.
3.2 We do not store the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After receiving the order, we will send you the order data, the legally required information for distance contracts, and the General Terms and Conditions again by email.
3.3 For all offer requests submitted outside the online shopping cart system, you will receive all contract data as part of a binding offer in writing, for example by email, which you can print out or save electronically.
4. Codes of Conduct
4.1 We voluntarily adhere to the Käufersiegel quality criteria of Händlerbund Management AG, which can be found at this web address: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
4.2 We are subject to the quality criteria of Trusted Shops GmbH, available at the following link:
http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
5. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services are stated in the respective offer.
6. Prices and Payment Terms
6.1 The prices stated in the respective offers, as well as the shipping costs, constitute the total prices. They contain all price components, including all applicable taxes.
6.2 The necessary delivery costs are not included in the purchase price. You can view the delivery costs by clicking on a designated button on our website or in the respective offer. They will be displayed separately during the ordering process and are to be borne by you, unless free delivery has been agreed upon.
6.3 If delivery is made to countries outside the European Union, you may incur additional costs for which we are not responsible, e.g. customs duties, taxes, and money transfer fees (transfer or exchange rate fees of credit institutions).
6.4 You must bear the incurred money transfer fees even if delivery is made to an EU member state but payment was initiated outside the European Union.
6.5 The available payment options are indicated by clicking on a designated button on our website or in the respective offer.
6.6 Unless otherwise stated for the payment methods, claims from the concluded contract are due immediately.
7. Delivery Conditions
7.1 The delivery conditions, the delivery date, and any restrictions applicable to delivery are indicated by clicking on a designated button on our website or in the respective offer.
7.2 If you are a consumer, it is stipulated by law that the risk of accidental loss and accidental deterioration during the shipment of the sold goods is transferred to you at the moment the goods are handed over to you, regardless of whether the shipment is insured or not. This does not apply if you have independently commissioned a transport company named by us or a person designated for the execution of the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
8. Warranty Rights for Defects
Liability for defects depends on the "Statutory Warranty" provision in our General Terms and Conditions (Part I).
9. Contract Duration / Termination
Please find information on the contract duration and termination conditions in the "Contract Duration / Termination of Subscription Contracts" regulation in our General Terms and Conditions (Part I), as well as in the respective offer.
These General Terms and Conditions and the customer information were created by IT law specialists of Händlerbund (online merchants' association) and their legal compliance is constantly checked. Händlerbund Management AG guarantees the legal security of the texts and stands guarantor in case of cease and desist letters. Further information can be found on the website https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: 22.10.2024
I. General Terms and Conditions
§ 1 Basic Provisions
(1) These General Terms and Conditions apply to all contracts that you conclude with us as the seller (Oliver Dunkel) via the website www.cotonluv.com. Unless otherwise agreed, we object to the inclusion of any of your own terms and conditions.
(2) A consumer, within the meaning of the following provisions, is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
§ 2 Conclusion of Contract
(1) The subject of the contract is the sale of goods..
(2) With the placement of the respective product on our website, we submit a binding offer to you to conclude a contract via the online shopping cart system under the conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods you intend to purchase are placed in the "shopping cart". You can access the "shopping cart" at any time via the corresponding button in the navigation bar and make changes there.
After clicking the "Checkout" or "Proceed to Order" button (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method, you will either be redirected to the order overview page in our online shop or to the website of the instant payment system provider.
If you are redirected to the corresponding instant payment system, please make the appropriate selection or enter your data there. Finally, on the website of the instant payment system provider or after being redirected back to our online shop, the order details will be displayed as an order overview.
Before submitting the order, you have the option to review the order details again, change them (also via the "back" function of the internet browser), or cancel the order.By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order subject to charge", "pay" / "pay now" or similar designation), you declare your legally binding acceptance of the offer, which leads to the conclusion of the contract.(4) Inquiries from you regarding the creation of an offer are non-binding for you. We will make you a binding offer in text form (e.g., by email), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place by e-mail and is partly automated. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, is not blocked by SPAM filters.
§ 3 Term of Contract / Termination of Subscription Contracts
(1) The subscription contract concluded between you and us has an indefinite term. The contract can be terminated by both parties with a notice period of one month to the end of the month (unless otherwise specified in the respective offer).
(2) The right to terminate without notice for important reasons remains unaffected.
(3) Any termination must be justified and sent to us in writing (e.g., by e-mail) or via the cancellation button on our website ("Cancel order here" or similar designation).
§ 4 Special agreements on offered payment methods
(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Payment is made to Klarna:
- Invoice ("Pay Later"): Klarna's invoice terms and conditions for Germany are available at https://cdn.klarna.com/1 .0/shared/content/legal/terms/0/fr_fr/invoice; terms for the payment extension option are available on the website: https://cdn.klarna.com/1 .0/shared/content/legal/terms/0/fr_fr/due_date_extension. Klarna's invoice terms and conditions for Austria are available at https://cdn.klarna.com/1 .0/shared/content/legal/terms/0/fr_at/invoice; terms for the payment extension option are available on the website: https://cdn.klarna.com/1 .0/shared/content/legal/terms/0/fr_at/due_date_extension.
- Installment purchase ("Financing"): For more information on installment purchase, including general terms and conditions and standard European consumer credit information for Germany, please visit https://cdn.klarna.com/1 .0/shared/content/legal/terms/0/fr_fr/account; for the terms of the "Pay in 3 installments" payment option, please visit the website: https://cdn.klarna.com/1 .0/shared/content/legal/terms/0/fr_fr/paylaterin3. For more information on installment purchase, including general terms and conditions and standard European consumer credit information for Austria, please visit the website: https://cdn.klarna.com/1 .0/shared/content/legal/terms/0/fr_at/flex_account; the terms of the "Pay in 3 installments" payment option are available at https://cdn.klarna.com/1 .0/shared/content/legal/terms/0/fr_at/paylaterin3.
- Immediate bank transfer ("Pay Now")
Further information on Klarna and Klarna's terms of use for Austria can be found at cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/user and www.klarna.com/at/.
(2) Payment via "PayPal" / "PayPal Checkout"
If a payment method offered via "PayPal" / "PayPal Checkout" is selected, the payment processing is carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are shown to you under a correspondingly labeled button on our website and in the online ordering process. For payment processing, "PayPal" may use other payment services; insofar as special payment conditions apply, you will be informed individually. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 5 Right of Retention, Retention of Title
(1) You can only exercise a right of retention if the claims result from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following applies:
a) We reserve title to the goods until all claims arising from the ongoing business relationship have been fully settled. Pledging or transfer of ownership by way of security of the reserved goods before the transfer of ownership is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims that accrue to you from the resale, up to the invoice amount. We accept the assignment. You remain authorized to collect the assigned claim. If you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of combination or mixing of the reserved goods with other goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the invoice value of the other processed items at the time of processing.
d) We undertake to release the securities due to us at your request, insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.
§ 6 Statutory Warranty
(1) Statutory warranty rights apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will not affect your statutory warranty rights.
(3) If a characteristic of the goods does not meet the objective requirements, the deviation shall only be deemed to have been agreed if we have informed you of this deviation before the submission of your contractual declaration and the deviation has been expressly and separately agreed between the contracting parties.
(4)
If you are an entrepreneur, the following provisions apply in deviation from the aforementioned warranty regulations:
a) Only our own information and the manufacturer's product description shall be deemed to be agreed as the quality of the goods, to the exclusion of any other advertising, public promises and statements by the manufacturer.
b) In the event of defects, we shall, at our discretion, provide a warranty by means of repair or replacement delivery. If the rectification of the defect fails, you may choose to demand a reduction in price or withdraw from the contract. Rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless something else arises, in particular from the nature of the goods or the defect or other circumstances. In the case of rectification, we are not obliged to bear the additional costs incurred by shipping the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
c) The warranty period is one year from the date of delivery of the goods. The shortening of the period does not apply to:
- damages attributable to us due to injury to life, body or health and other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or given a guarantee for the quality of the item;
- in the case of items that have been used for a building in accordance with their usual use and have caused its defectiveness;
- in the case of statutory recourse claims that you have against us in connection with rights arising from the notification of a defect.
§ 7 Choice of Law(1) German law shall apply. For consumers, this choice of law applies only insofar as it does not override the protection afforded by mandatory provisions of the law of the state in which the consumer has his habitual residence (favorability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) are expressly excluded.
II. Customer Information
1. Identity of the Seller
Oliver Dunkel
Bergstr. 49
07639 Bad Klosterlausnitz
Germany
Phone: 03660190582
Email: shop@cotonluv.com
We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
2. Information about the Conclusion of the Contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the regulations "Conclusion of the contract" in our General Terms and Conditions (Part I).
3. Contract Language, Storage of the Contract Text
3.1 The contract language is French.
3.2 We do not store the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After receiving the order, we will send you the order data, the legally required information for distance contracts, and the General Terms and Conditions again by email.
3.3 For all offer requests submitted outside the online shopping cart system, you will receive all contract data as part of a binding offer in writing, for example by email, which you can print out or save electronically.
4. Codes of Conduct
4.1 We voluntarily adhere to the Käufersiegel quality criteria of Händlerbund Management AG, which can be found at this web address: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
4.2 We are subject to the quality criteria of Trusted Shops GmbH, available at the following link:
http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
5. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services are stated in the respective offer.
6. Prices and Payment Terms
6.1 The prices stated in the respective offers, as well as the shipping costs, constitute the total prices. They contain all price components, including all applicable taxes.
6.2 The necessary delivery costs are not included in the purchase price. You can view the delivery costs by clicking on a designated button on our website or in the respective offer. They will be displayed separately during the ordering process and are to be borne by you, unless free delivery has been agreed upon.
6.3 If delivery is made to countries outside the European Union, you may incur additional costs for which we are not responsible, e.g. customs duties, taxes, and money transfer fees (transfer or exchange rate fees of credit institutions).
6.4 You must bear the incurred money transfer fees even if delivery is made to an EU member state but payment was initiated outside the European Union.
6.5 The available payment options are indicated by clicking on a designated button on our website or in the respective offer.
6.6 Unless otherwise stated for the payment methods, claims from the concluded contract are due immediately.
7. Delivery Conditions
7.1 The delivery conditions, the delivery date, and any restrictions applicable to delivery are indicated by clicking on a designated button on our website or in the respective offer.
7.2 If you are a consumer, it is stipulated by law that the risk of accidental loss and accidental deterioration during the shipment of the sold goods is transferred to you at the moment the goods are handed over to you, regardless of whether the shipment is insured or not. This does not apply if you have independently commissioned a transport company named by us or a person designated for the execution of the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
8. Warranty Rights for Defects
Liability for defects depends on the "Statutory Warranty" provision in our General Terms and Conditions (Part I).
9. Contract Duration / Termination
Please find information on the contract duration and termination conditions in the "Contract Duration / Termination of Subscription Contracts" regulation in our General Terms and Conditions (Part I), as well as in the respective offer.
These General Terms and Conditions and the customer information were created by IT law specialists of Händlerbund (online merchants' association) and their legal compliance is constantly checked. Händlerbund Management AG guarantees the legal security of the texts and stands guarantor in case of cease and desist letters. Further information can be found on the website https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: 22.10.2024