General Terms and Conditions
Status: January 2022
- Scope of application and contractual partner for orders placed online at www.cotorra-store.com.de, the general terms and conditions of
Cotorra represented by Elias Balk
Passeig de Sant Gervasi 88, Local 3
1.1 All contracts concluded via the online shop www. cotorra-store.com and third parties (hereinafter referred to as "customer") are concluded, the following General Terms and Conditions apply exclusively in the version valid at the time of the respective order. We object to the inclusion of your own contractual conditions used by you, unless otherwise agreed.
1.2 Contractual partners for orders for goods (hereinafter also referred to as "products") from the above-mentioned shop are Cotorra and the customer.
1.3 Terms and conditions of customers that deviate from or contradict these General Terms and Conditions shall not apply.
1.4 These General Terms and Conditions shall also applyexclusively in the event that Cotorra carries out deliveries or services deviating from these General Terms and Conditions without reservation.
1.5 Working days are all days of the week with the exception of Saturdays, Sundays and public holidays.
- Registration and conclusion of contract
2.1 These General Terms and Conditions shall also apply exclusively in the event that Cotorra carries out deliveries or services deviating from these General Terms and Conditions without reservation.
2.2 The www.cotorra-store.com. the presented goods do not yet constitute a legally binding offer, but merely a non-binding online catalogue. Errors are reserved.
2.3 The order of products by the customer, which is made by clicking on the button "In den Warenkorb" and subsequently by further clicking on the button "Order with obligation to pay", constitutes a legally binding offer of the customer to conclude a purchase contract. Cotorra is not obliged to accept the customer's offer.
2.4 The confirmation that an order has successfully arrived in Cotorra's system takes place immediately after the order has been sent and does not yet constitute acceptance of the contract. Cotorra may accept an order by sending an order confirmation via e-mail or by delivering the products within two days.
2.5 The statutory liability for defects shall apply.
- Delivery period and exceeding of the delivery period
For orders within Europe, Cotorra delivers in the delivery time specified in the checkout. In the event that a delivery cannot be delivered within the specified delivery time, the customer will be informed.
- Retention of title
Until full payment of the purchase price, all delivered products remain the property of Cotorra.
- Prices and shipping costs
5.1 All prices of the Products shown on the Website www.cotorra-store.com. de are in euros and include the applicable statutory value added tax as well as other price components.
5.2 The shipping costs correspond to the table on the separate shipping costs page of Cotorra, accessible under the following link:
Cotorra reserves the right to deviations from the shipping costs in favour of the customer.
5.3 If there are any remaining deductibles of the shipping costs from the customer, these will be displayed in the shopping cart before completion of the purchase.
- Payment options
6.1 As part of the PayPal Plus payment service, several payment options are offered as PayPal services.
If the payment method is chosen PayPal, the customer must have a PayPal account or create a new PayPal account and identify himself with his access data to be able to pay the invoice amount. The customer is redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and confirm the payment instruction to PayPal. As a result, the payment transaction is carried out automatically by PayPal immediately after confirmation of the payment order.
If the payment method credit card is chosen, the customer does not need a PayPal account to pay the invoice amount. After the customer confirms the payment instruction and has legitimized himself as a legitimate credit card holder, the payment transaction is carried out directly by PayPal and the credit card is charged.
If the payment method direct debit is selected, the customer does not need a PayPal account to pay the invoice amount. By confirming the payment instruction, the customer PayPal a direct debit mandate. The customer will be informed below about the date of the account debit from PayPal. Immediately after confirming the payment order, PayPal requests its bank to initiate the payment transaction by submitting the direct debit mandate issued. Subsequently, the payment transaction is carried out and the customer's account is debited.
6.2 Cotorra shall not bear the costs of a monetary transaction.
6.3 In the event that a purchase contract is not concludedor is revoked and a payment to Cotorra has already been made, the purchase price paid will be refunded immediately. The refund will be made to the customer's account that was used for the original payment. In the event that a payment has been made via PayPal or credit card, the amount will be refunded to the associated PayPal or credit card account.
- Statutory right of withdrawal and voluntary Cotorra right of return
7.1 Statutory right of withdrawal
In the following, the customer is informed about the requirements and consequences of a revocation.
START OF THE CANCELLATION POLICY
7.1.1 Right of withdrawal and declaration of withdrawal for non-personalized products.
The customer has the right to revoke this contract within fourteen (14) days without giving reasons.
The revocation period is fourteen days from the day on which the customer or a third party named by him, who is not a carrier, has taken possession of the goods.
To exercise his right of withdrawal, the customer must cotorra (COTORRA); Passeig Sant Gervasi 88, Local 3; 08022 Barcelona; email@example.com) by means of a clear declaration (for example, a letter sent by post or an e-mail) about his decision to revoke this contract. The customer can use the attached model opposition form for this purpose, but this is not mandatory.
To comply with the revocation period, it is sufficient that the customer sends the notification of the exercise of the right of revocation before the expiry of the revocation period.
7.1.2 Consequences of revocation
If the Customer withdraws from this Agreement, Cotorra shall reimburse the Customer for all payments received from the Customer, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheap standard delivery offered by us), immediately and at the latest within fourteen days from the day, on which we have received the notification of your revocation of this contract. For this repayment, we use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer; in no case will the customer be charged fees for this repayment. Cotorra may refuse reimbursement until Cotorra has received the goods again or until the customer has provided proof that the goods have been returned, whichever is the earlier. The Customer shall return or hand over the Goods to Cotorra immediately and in any case at the latest within fourteen days from the day on which the Customer has informed Cotorra of the revocation of this Contract. The deadline is met if the customer sends the goods before the expiry of the period of fourteen days. The customer bearsthe direct costs of returning the goods. The customer must only pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary to check the nature, characteristics and functioning of the goods.
In the event that the Customer withdraws from the Contract, Cotorra shall immediately repay all payments received by Cotorra from the Customer, including delivery costs (with the exception of the additional costs resulting from the Customer choosing a different type of delivery than the cheapest standard delivery offered by Cotorra), and at the latest within fourteen (14) days from the day, on which Cotorra has received the notification of the revocation of this contract. For this repayment, Cotorra will use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer; in no case will the customer be charged fees for this repayment.
Cotorra may refuse reimbursement until Cotorra receives the goods back or the customer has provided proof that the goods have already been returned, whichever is the earlier.
The Customer shall immediately and in any case at the latest within fourteen (14) days from the day on which the Customer informs Cotorra of the revocation of this Contract to:
Passeig Sant Gervasi 88, Local 3
to be returned or handed over. The deadline shall be deemed to have been met if the Customer dispatches the goods before the expiry of the period of fourteen (14) days.
The customer bears the direct costs of returning the goods. The customer must only pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary to check the nature, characteristics and functioning of the goods.
END OF THE CANCELLATION POLICY
7.1.3 Withdrawal form of the customer
(If the customer wants to cancel the contract, he can fill out this form and return it.)
To COTORRA Passeig Sant Gervasi 88, Local 3, 08022 Barcelona, Spain, firstname.lastname@example.org
Ordered on ____ _
Name of consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of notification on paper)
* Please cross out as appropriate.
7.1.4 Exclusion of the right of withdrawal
The right of revocation does not apply to distance contracts
- for the delivery of goods that are prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery
- for the delivery of goods if they have been inseparably mixed with other goods due to their nature.
7.2 Damage and contamination should be avoided by the customer. If possible, the goods should be returned to Cotorra in their original packaging with all packaging components and all accessories in a protective outer packaging, if necessary. In the event that the customer has already disposed of the original packaging, he should provide sufficient protection against transport damage with suitable packaging in order to avoid claims for damages due to damage due to defective packaging. If a product is returned, the customer should enclose a return slip with the delivery. The modalities mentioned in this paragraph are not a prerequisite for the effective exercise of the statutory right of withdrawal in accordance with Section 7.1.
- Gift Vouchers
8.1 The customer can purchase gift vouchers. These gift vouchers can only be used for the purchase of items www.cotorra-store.com. except for the purchase of other Cotorra gift vouchers.
8.2 The balance on a gift certificate cannot be paid out in cash.
8.3 The crediting of a voucher after the purchase of a product is not possible. Gift vouchers can only be redeemed before completion of the order process.
8.4 In the event that the balance of a gift voucher is not sufficient for an order, the customer can choose the difference with an offered payment option.
8.5 The purchase of a Gift Voucher can only be cancelled if ithas not yet been redeemed. A gift voucher is considered redeemed if it has been offset against an order.
8.6 In the event of loss, theft, illegibility of voucher cards, or typographical errors in the e-mail address of the voucher recipient, which Cotorra is not responsible for, Cotorra assumes no liability for the damage.
8.7 Different or additional terms and conditions may apply that are depicted on the Gift Voucher or were sent or issued together with it.
- Warranty Liability
9.1 The warranty is based on the statutory provisions.
9.2 Cotorra's liability is excluded, with the exception of liability for damages due to breach of contractual obligations that are indispensable for achieving the purpose of the contract (cardinal obligations), from injury to life, limb or health resulting from a negligent breach of duty by Cotorra, due to defective products under the Product Liability Act or a negligent or intentional breach of duty by a legal representative or vicarious agent of Cotorra, and for other damages based on a grossly negligent breach of duty by Cotorra or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Cotorra.
9.3 In the event of a breach of essential contractual obligations, the obligation to pay compensation shall be limited to the foreseeable damage.
- Changes to the General Terms and Conditions
10.1 Cotorra reserves the right to unilaterally amend or extend these Terms and Conditions at any time, if this appears necessary and does not adversely affect the Customer in bad faith. A change may be necessary in particular in order to make adjustments to a change in the legal situation or to make further development-related changes to the scope of services of www.cotorra-store.com. de. Newly issued court decisions shall also be deemed to be changes in the legal situation within the meaning of this clause.
10.2 As a rule, reference to changes to the GTC is made by notification by e-mail or on the Cotorra website. The customer's consent shall be deemed to have been given and the change shall therefore become an integral part of the contract, unless the customer objects to our inclusion in the contractual relationship in writing or text form within six weeks of receipt of the notification of change.
- Contract language, applicable law and place of jurisdiction, severability clause
11.1 The contract language is English.
11.2 Spanish law applies to the conclusion and execution of all contracts. The validity of the UN Convention on Contracts for the International Sale of Goods is excluded.
11.3 Should one or more provisions of these General Terms and Conditions be invalid, this shall not entail the invalidity of the entire contract. The invalid provision shall be replaced by the relevant statutory provision.