General Terms and Conditions (AGB)

Status: 31.01.2022

COOL TOOLS GMBH (hereinafter: COOL TOOLS) offers customers via the online store under the domains

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1. Scope of application / General provisions
2. Conclusion of the contract / contract language / contract text storage
3. Right of withdrawal and instructions
4. Contractual right of return
5. Prices / Terms of payment
6. Delivery and shipping conditions
7. Retention of title
8. Notification of transport damage
9. Rights in the event of defects in the item (warranty)
10. Liability provisions
11. Place of jurisdiction
12. Online dispute resolution / OS platform
13. Consumer arbitration
14. Provider identification

1. Scope of application / General provisions
   1.1 The following General Terms and Conditions (GTC) apply to contracts concluded between COOL TOOLS and the customer via the online store.
   1.2 Customers within the meaning of these GTC are both consumers and entrepreneurs.
   1.2.1 A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity.

1.2.2 An entrepreneur within the meaning of these GTC is any natural or legal person or partnership with legal capacity with whom a business relationship is entered into and who acts in the exercise of a commercial or independent professional activity.
1.3 The law of the Federal Republic of Germany shall apply. The contract language is German.
1.3.1 In the case of consumers who do not conclude the contract for professional or commercial purposes, the choice of law in accordance with section 1.3 of these GTC shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
1.3.2 The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

2. Conclusion of the contract / contract language / contract text storage
   2.1 The products and services listed in the online store do not constitute binding offers by COOL TOOLS; rather, they are an invitation to the Customer to submit a binding offer by placing an order.
   2.2 By sending the order from the virtual "shopping cart", the Customer places a binding order for the items contained therein. COOL TOOLS will immediately confirm receipt of this order to the Customer in text form by e-mail.
   2.3 COOL TOOLS is entitled to accept the Customer's contractual offer within three working days of receipt of the order. The contract with the Customer only comes into effect with the express acceptance of the order by COOL TOOLS.
   2.4 The contract language is German.
   2.5 The text of the contract will be saved by COOL TOOLS. The order data together with the contractual provisions including these GTC will be sent to the Customer separately in text form. The GTC can also be accessed via the website in the online store and downloaded in PDF format.
   
   3. right of withdrawal and instructions
   Consumers have a right of withdrawal from distance selling contracts in accordance with § 355 BGB. As a consumer, you therefore have the right to revoke your contractual declaration in accordance with the following revocation instructions:

Cancellation policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

To exercise the right to cancel, you must inform us (Cool Tools GmbH) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

Sample withdrawal form

pursuant to Annex 2 to Art. 246a § 1 para. 2 sentence 1 no. 1 and § 2 para. 2 no. 2 EGBGB

(If you want to cancel the contract, please fill out this form and send it back to us).
- To: Cool Tools GmbH, Rechbergstraße 7, 73344 Gruibingen, [email protected]
- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Date(s)
______

(*) Delete as appropriate

Note:

All returned goods must be sent to our logistics center:

Cool Tools GmbH
Rechbergstrasse 7
73344 Gruibingen

4. Contractual right of return
   4.1 Notwithstanding the right of withdrawal regulated in Clause 3, COOL TOOLS offers the Customer in his capacity as a consumer the opportunity to return purchased items within 30 days of receipt of the goods in accordance with the following provisions.
   4.2 The Customer must register for the purpose of returning the goods. The deadline stated in section 4.1 is met if the return is registered in good time by e-mail to info@Cool Tools.de.
   4.3 The possibility of return does not exist for reduced goods and otherwise only for unused and undirty goods.
   4.4 Deliveries of goods must be returned using a reputable transportation service provider (e.g. DHL). Although freight collect shipments for the purpose of return will be accepted, the customer shall bear the costs of the return shipment. However, the customer has the option of returning parcels free of charge, provided that he proceeds in accordance with Clause 4.5 of these GTC.
   4.5 COOL TOOLS will bear the costs of returning parcels in connection with a return to the extent that the Customer has used the free parcel stamp (DHL) previously sent by COOL TOOLS for the return.
5. Prices / Terms of payment
   5.1 All prices are final prices, i.e. they include all price components including applicable VAT.
   5.1.1 In individual cases, further taxes (e.g. in the case of an intra-Community acquisition) and/or duties (e.g. customs duties) may be payable by the customer in the case of cross-border deliveries.
   5.1.2 Unless otherwise agreed in individual cases, the purchase prices plus delivery and shipping costs apply; their amount or further details on their calculation can be called up directly via the online store.
   5.2 COOL TOOLS accepts the payment methods listed on the website and made available to the Customer for selection. The Customer chooses his preferred payment method from the payment methods available.
   5.2.1 In the case of payment by bank transfer or PayPal, the Customer undertakes to pay the purchase price plus any delivery and shipping costs incurred no later than seven days after receipt of the payment request communicated to him without deduction. The account details will be communicated together with the request for payment.
   5.2.2 In the case of cash on delivery, payment of the purchase price plus any delivery and shipping costs incurred shall be made at the time of delivery to the transport company carrying out the shipment.
   5.3 The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.
6. Delivery and shipping conditions
   6.1 Unless otherwise agreed with the customer, the goods shall be delivered by dispatch to the delivery address provided by the customer. It is possible for the customer to collect the goods himself; in this respect, it is requested that a collection date be agreed.
   6.1.1 In the case of payment by bank transfer or PayPal, the items purchased by the customer shall be dispatched within five working days of receipt of payment, unless a longer delivery period is expressly indicated in connection with the item offer.
   6.1.2 In the case of cash on delivery, the purchased items will be dispatched within five working days of the contract being concluded, unless a longer delivery period is expressly stated in connection with the item offer.
   6.2.1 The risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer upon delivery to the customer or a person authorized to receive the goods, or in the case of sale by dispatch upon delivery of the goods to a suitable carrier.
   6.2.2 In the case of deliveries to consumers, the risk of accidental loss and accidental deterioration of the goods sold shall always pass to the consumer when the goods are handed over to the consumer.
   6.2.3 With regard to the transfer of risk, if the customer is in default of acceptance, this shall be deemed equivalent to handover.
7. Retention of title
   COOL TOOLS retains title to the items sold until the purchase price has been paid in full.
8. Notification of transport damage
   The Customer shall support COOL TOOLS to the best of its ability in the event of transport damage, insofar as claims are asserted against the relevant transport company or transport insurance company.
   transport company or transport insurance company. Any rights and claims of the Customer, in particular the Customer's
   rights in the event of defects in the item, remain unaffected by the provisions of Sections 8.1 and 8.2 of these GTC; these therefore also do not include any
   exclusion period for the customer's rights pursuant to Section 9 of these GTC.
   8.1 The customer shall inspect the delivered goods upon receipt. In the event of externally recognizable transport damage, the damage must be noted on the respective shipping documents and acknowledged by the deliverer upon acceptance of the delivery in the event that the delivery is nevertheless accepted; the packaging must be retained by the customer.
   8.2 If the (partial) loss or damage is not externally recognizable, the Customer must report this to COOL TOOLS within five days of delivery or to the transport company within seven days of delivery in order to ensure that any claims against the transport company can be asserted in good time.
9. Rights in the event of defects in the goods (warranty)
   When purchasing goods, customers are entitled to statutory warranty rights for the goods. As a customer, you therefore have the right to assert warranty rights in the event of defects in the goods, subject to the following provisions.
   9.1 There is no warranty for damage caused by improper use or handling of the item. The same applies to so-called intentional wear and tear.
   9.2 If the purchased item is defective, the customer is entitled to subsequent performance if and insofar as the requirements of the statutory provisions on rights in the event of defects are met.
   9.2.1 In this respect, consumers have the choice of whether subsequent performance is to take the form of either rectification or replacement delivery. However, COOL TOOLS remains entitled to refuse the type of subsequent performance chosen if it is only possible at disproportionate cost and the other type of subsequent performance is without significant disadvantages for the consumer.
   9.2.2 In the case of entrepreneurs, COOL TOOLS will initially provide warranty for defects in the goods at its own discretion by repairing or replacing the goods.
   9.3 Claims and rights of an entrepreneur due to defects expire one year after delivery of the goods to the Customer; claims and rights of a consumer due to defects expire two years after delivery of the goods to the Customer. These periods of limitation do not apply if COOL TOOLS is liable in accordance with Section 9 of these GTC or if it concerns the right in rem of a third party, on the basis of which the surrender of the delivery item can be demanded.
   9.4 The rights of recourse of entrepreneurs set out in Sections 478, 479 BGB remain unaffected by the provisions of Sections 9.1 to 9.3 of these GTC.
   9.5 Obvious defects must be reported by merchants within a period of two weeks from receipt of the goods using the above contact details; otherwise the assertion of the warranty claim is excluded. Timely dispatch of the notification of defects shall suffice to meet the deadline.

10. Liability provisions
    10.1 In accordance with the statutory provisions, COOL TOOLS is liable without limitation for damages resulting from injury to life, body or health which are based on an intentional or negligent breach of duty as well as for other damages which are based on an intentional or grossly negligent breach of duty as well as fraudulent intent. In addition, COOL TOOLS is liable without limitation for damages that are covered by liability under mandatory statutory provisions, such as the Product Liability Act, and in the event of the assumption of guarantees.
    10.2 For such damages which are not covered by clause 10.1 and which are caused by simple or slight negligence, Cool Tools,
    insofar as this negligence concerns the breach of contractual obligations, the fulfillment of which makes the proper execution of the contract
    and on the fulfillment of which the customer may regularly rely (so-called cardinal obligations). The liability of
    liability of COOL TOOLS is limited to the foreseeable damage typical of the contract
    10.3 In the event of slightly negligent breaches of such contractual obligations that are not covered by Section 10.1 or Section 10.2 (so-called insignificant contractual obligations)
    contractual obligations), COOL TOOLS is liable to consumers - this is limited to the foreseeable damages typical of the contract.
    10.4 Any further liability is excluded.
11. Place of jurisdiction
    If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of COOL TOOLS. The same applies if the Customer is an entrepreneur and does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is unknown at the time the action is brought. This does not affect COOL TOOLS's right to appeal to the court at another legal place of jurisdiction.
12. Online dispute resolution / OS platform

In accordance with Regulation (EU) No. 524/2013, the European Commission provides a European platform for the settlement of disputes between consumers residing in the European Union and traders established in the European Union arising from the online sale of goods or the online provision of services (so-called ODR platform / URL: http://ec.europa.eu/odr) via an interactive website that can be accessed electronically in all official languages of the institutions of the European Union.

In order to submit a complaint on this so-called ODR platform, consumers must complete an electronic complaint form. The individual pieces of information that must be provided when submitting a complaint are listed in the Annex to Regulation (EU) No. 524/2013.

13. Consumer arbitration

COOL TOOLS is generally not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

14. Provider identification

COMPANY HEADQUARTERS
Cool Tools GmbH
represented by the managing director: Martin Moll
Rechbergstrasse 7

73344 Gruibingen

Phone: 07335-181-0
E-Mail: [email protected]
Local court Ulm: HRB 731850
Sales tax identification number: DE299281586