General terms and conditions for end consumers
Notes according to §§ 312c, 312g BGB in conjunction with Art. 246 §§ 1, 2 and 3 EGBGB (GTC July 1, 2016)
The following provisions regulate the contractual relationships between KooKoo GmbH (hereinafter "KooKoo") and the customer in addition to the statutory provisions, provided that it this is a consumer within the meaning of § 13 BGB. The version valid at the time of the order applies. In these general terms and conditions are also the according to §§ 312d, 312f, 312 i, 312 j. BGB in conjunction with Art. 246a §§ 1, 4 EGBGB contain prescribed instructions and information. You have the option of downloading and/or printing out these general terms and conditions and consumer protection notices on the Internet by clicking on the field provided.
(1) The products we offer and their essential features can be found on the product pages of our homepage.
(2) Our offers are subject to change. The presentation of the range on the product pages does not yet represent a legally binding offer. All previous offers lose their validity when the internet offer is updated. If the ordered goods are not available, KooKoo reserves the right to refuse the customer's order. In this case we will inform the customer about the non-availability. Any payments already made will be refunded to the customer immediately.
§3 Contractual partner and conclusion of the contract
(1) Your contractual partner is KooKoo GmbH with its registered office at Lilienthalstr. 19, 85399 Hallbergmoos. Managing Director is Edgar Michaelles. The registration number is HRB 1728 30 (Munich District Court). Order taking, shipping and billing is performed by a service company called ProChannel and on behalf of KooKoo. The warehouse is located at Sterzinger Str. 4 in 86167 Augsburg. Customer service can be reached by telephone on 0811 99899 575 from Monday to Friday from 9 a.m. to 12 p.m. or by e-mail email@example.com . Our provider identification according to § 5 TMG can be found on our homepage under the link "Imprint".
(2) The contract between the customer and KooKoo comes about through an order from the customer and its acceptance by KooKoo. You can order by telephone or online via the KooKoo web shop. A binding contract is formed when the order confirmation is sent, but no later than when the ordered goods are delivered.
§4 Recognition and correction of input errors in the online shop
You can send us electronic orders via www.kookoo.eu via the “KooKoo‐WebShop”. By clicking on the "Add to basket" button, you place products in the shopping basket. The content of the shopping cart is displayed on the right edge of the screen. If you want to buy the products in the shopping cart, click on "Checkout". On the following page, enter your delivery and billing address and select the desired payment method. You can change the number of products to order again or delete products by clicking on the red "x". In order to proceed with the order, you must agree to our general terms and conditions (GTC). If you click on the "Continue" button, the selected payment method and the total amount of the order are displayed again. You can now click on the appropriately labeled button "Order for a fee" or "Change the order again". You can also correct input errors by "navigating" backwards in the browser or canceling the ordering process and starting from the beginning.After "Order with costs" you will receive an order number and an order confirmation by e-mail
§5 Storage of the text of the contract
KooKoo saves the order data entered by the customer and sends the customer an order confirmation by e-mail with the order data. The customer also has the option of printing out the order before sending it.
§6 Prices and shipping costs
The prices and shipping costs stated on our homepage at the time the order is placed apply. The amounts stated there represent the final prices, which include all taxes (in particular VAT) and other price components. There are no further delivery and shipping costs.
(1) Deliveries are made via a freight forwarder, within Germany and the neighboring countries within 3-5 days.
(2 ) The correct specification of the delivery address is the responsibility of the customer. In the event of non-delivery, KooKoo reserves the right to claim the damage incurred.
(1) KooKoo accepts the following payment methods: invoice (bank transfer, 15 days), credit card, PayPal or PayPalPlus. An advance payment is required from a goods value of €150 (domestic) and for all orders from abroad. The payment method must be clearly specified by the customer when placing the order.
(2) In the case of purchase on account, payment is due within 15 days of receipt of the invoice. When paying with PayPal, you will be directed (in the web shop) directly from the ordering process to the PayPal payment page to make the payment. In the case of prepayment, please send the invoice amount to KooKoo GmbH, Deutsche Bank AG, account 0211 300 00 / BLZ 670 700 24 or IBAN: DE10 6707 0024 0021 1300 00 / BIC: DEUDEDBMAN.
(3) within 7 days after conclusion of the contract. If payment is not made on time, KooKoo will charge EUR 5.00 for each reminder. After the third reminder, KooKoo hands over the claim to a collection agency or a lawyer.
(4) The customer bears the costs for any damage caused by default and is obliged to pay the statutory default interest of 5 percentage points above the respective base rate (§§ 288 Para . 1, 247 BGB). KooKoo reserves the right to withdraw from the contract in accordance with the statutory provisions. The customer must reimburse KooKoo for any damage resulting from the customer's default in payment. In the event of default, KooKoo reserves the right to withdraw from the contract in accordance with the statutory provisions.
§9 Cancellation policy
(1) Right of cancellation You have the right to cancel the contract within fourteen days without giving a reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of cancellation, you must tell us clearly about your decision to to revoke this contract. KooKoo GmbH, Lilienthalstraße 19, 85399 Hallbergmoos, E: firstname.lastname@example.org
You can use the attached model cancellation form, but this is not mandatory. You can also electronically fill out and submit the model cancellation form or any other clear declaration on our website "www.kookoo.eu". If you make use of this option, we will immediately (e.g. by e-mail) send you confirmation of receipt of such a revocation. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
(2) Consequences of withdrawal
If you withdraw from this contract, we will owe you all payments that we have received from you, including delivery costs (except for the additional costs resulting from the fact that you choose another type of delivery other than the cheap standard delivery offered by us) immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment we use the same means of payment that you used for of the original transaction, unless expressly agreed otherwise with you; no fees will be charged for the repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is earlier. You must return the goods or hand them over to us immediately and in any case no later than 14 days from the day on which you inform us of the cancellation of this contract. You bear the immediate freight costs of returning the goods, up to a maximum of €10. You must pay for any loss in value of the returned goods if this loss in value is due to the handling other than what is necessary to establish the nature, properties and functionality of the goods.
(4) Exclusion of a right of withdrawal
The right of withdrawal is excluded in the case of the delivery of custom-made products that are not prefabricated and for the production of which an individual selection or determination by you is decisive or which are clearly tailored to your personal needs.
(1) The statutory warranty regulations apply.
(2) Complaints and warranty rights can be asserted against: KooKoo GmbH, Lilienthalstr. 19, 85399 Hallbergmoos (by post), by phone 0811 99899 575 (Mon-Fri from 9 a.m. to 12 p.m.) or by email at email@example.com.
§11 Retention of title
The delivered goods remain the property of KooKoo GmbH until the purchase price has been paid in full.
§12 Applicable law
The substantive law of the Federal Republic of Germany applies exclusively, excluding the UN Convention on the International Sale of Movable Goods, even if the customer has his registered office abroad.
§13 Contract language
The contract language is German.