§ 1 Contractual subject, contractual partners and Providers, scope of validity
These General Terms and Conditions of Business shall regulate the sale of new merchandise from the cooling technology area through the Online Shop of the Provider (hereinafter also referred to as such),
va-Q-tec AG
represented by its Management Board Dr. Joachim Kuhn (Management Board Chairman) and Stefan Döhmen
Address: Alfred-Nobel-Strasse 33 in 97080 Würzburg
Tel: +49 (0) 931 35 942 0
Fax: +49 (0) 931 35 942 10
Email address: info@QOOL-products.com
Commercial register: Würzburg
Commercial Register Number: HRB 7368
VAT Identification Number: DE 211 420 322,
These General Terms and Conditions of Business shall be valid for all orders realised through the Provider's Online Shop and consequently for all related deliveries, services and offerings. A contract between the Customer and the Provider shall arise exclusively based on, and according to, these General Terms and Conditions of Business. Please refer to the product description on the offering page for details about the respective offering.
The contractual language shall be exclusively German.
Electronic communications: You agree that contractually-related communication shall occur exclusively in electronic form.
§ 2 Conclusion of contracts
(1) The contract is concluded in e-commerce via the shop system. The offers presented do not constitute a binding application for the conclusion of a purchase contract, but a non-binding invitation to submit an offer by the customer, which the provider can then accept, but does not have to.
(2) The ordering process until the conclusion of the contract in the shop system shall comprise the following main steps:
- – Selection of the offering in the desired specification (size, colour, number)
- – Placing of the offering in the shopping basket
- – Activating the "Checkout" button
- – Entry of the billing and delivery address
- – Selection of the payment method
- – Reviewing and processing the order and all entries as well as an option to make corrections
- – Activating the button "Confirm payment for order/purchase". You thereby submit a binding purchase offer pursuant to § 145 of the German Civil Code (BGB).
- – You are then forwarded to PayPal to realise your payment
- – An effective purchase contract arises when the order confirmation is shipped
(3) Erst mit der ausdrücklichen Erklärung des Anbieters, dass dieser das Kaufangebot annimmt (Auftragsbestätigung) und deren Zusendung an den Kunden kommt der Vertrag zustande. Die Entscheidung, ob das Kaufangebot angenommen und daraufhin der Auftrag bestätigt wird, bleibt allein dem Anbieter vorbehalten. Die automatisch erstellte und versandte Bestellbestätigung stellt keine entsprechende rechtsverbindliche Erklärung dar.
Der Vertrag kommt auch durch die Zusendung der Ware an den Kunden – dann ohne vorherige Annahmeerklärung – zustande.
§ 3 Reservation of title
The delivered merchandise shall remain the Provider's property until it has been paid for in full.
§ 4 Other reservations, shipping restrictions
The Provider shall retain the right to render a service that is equivalent in terms of quality and price. The service presented in the shop represents an example and is not the individual service that forms the subject of the contract. The Provider shall retain the right and is entitled not to render this in the instance that the promised service is unavailable.
At present, ordered merchandise can be delivered only to delivery addresses located within Germany.
§ 5 Prices, shipping costs, return shipping costs
The prices referred to on the product pages comprise statutory value-added tax and other price components, to which any shipping costs, which can vary according to the type of shipping, are to be added. Further information about shipping can be found on our website under the heading "Help & Services".
If a right of revocation exists, and if such a right is utilised, the Customer shall bear the costs for the return shipping.
§ 6 Payment terms
(1) The Customer shall exclusively have the following payment options:
– Payment by credit card via the PayPal payment service provider
– Payment on account via the PayPal payment service provider
Further payment types are not offered and shall be rejected. The offer of the payment methods available in each case shall be the sole responsibility of the Provider. Above and beyond this, the Provider shall reserve the right to terminate individual payment methods at any time and without prior announcement, or to offer other payment methods.
(2) If the Customer has selected the credit card payment type, the Customer is not required to be registered with PayPal in order to pay the invoiced amount. In the case of payment by credit card, the Customer must be the cardholder. In the case of purchase by means of credit card, the Customer's credit card account will be debited when the Provider ships the order.
(3) If the Customer has selected the "on account" payment type, the Customer is not required to be registered with PayPal in order to pay the invoiced amount. Once the address and credit status have been successfully reviewed, we assign our receivable to PayPal. In this case, Customers can only discharge their liabilities by rendering payments to PayPal. The invoiced amount shall fall due from the date of the invoice without discount. The invoiced amount is to be rendered to the payment service provider within the period specified on the invoice.
(4) The general terms and conditions of business and the data protection statement of PayPal shall be valid for payment processing via PayPal – thereby supplementing our General Terms and Conditions of Business. Further information and the complete general terms and conditions of business of PayPal are presented here: Paypal terms and conditions
(5) A right of retention for the Customer, which is not based on the same contractual relationship, shall be excluded.
(6) Offsetting with the Customer's receivables shall be excluded unless they are uncontested or legally effective, or they are connected with our receivable in a close mutual contractual relationship.
§ 7 Delivery terms
(1) Following confirmed receipt of payment, the merchandise shall be shipped according to this paragraph to an address within the domestic region of the Federal Republic of Germany as specified by the Customer.
(2) Information about product availability can be found in the Online Shop (e.g. on the respective product detail page).
(3) Partial shipments shall be permitted to the extent you accept.
(4) The Customer shall be informed about any delays and the prospective delivery date.
(7) If the Provider is responsible for a long-term hindrance to its deliveries, especially force majeure, or a failure by its own suppliers to deliver – despite a corresponding covering transaction having been realised in good time – the Provider shall be entitled to this extent to withdraw from a contract with the Customer. The Customer shall be informed immediately concerning this, and performances received, especially payments, shall be reimbursed.
§ 8 Warranty
(1) Unless expressly agreed otherwise, the Customer's warranty entitlement shall be based on the statutory provisions of purchasing law (§§ 433 ff. BGB).
(2) If the Customer is a company owner in the meaning of § 14 BGB, the warranty period for new merchandise shall be restricted to one year from delivery of the merchandise. Liability pursuant to § 10 of these General Terms and Conditions of Business shall be hereby unaffected.
(3) If the Customer is a company owner in the meaning of § 14 BGB, [it] shall be obligated to immediately investigate the merchandise with the requisite care for quality and volume deviations and to notify the Provider of evident defects within 7 days from receipt of the merchandise. Shipment in good time shall be sufficient for compliance with the warranty period. This shall also be the case for hidden defects subsequently determined, applicable from the time of their disclosure. If the obligation to make immediate investigation is infringed, the assertion of warranty claims shall be excluded.
(4) If the Customer is a company owner in the meaning of § 14 BGB, and in the instance of defects, the Provider shall fulfil its warranty at its option through either subsequent improvement or replacement delivery (subsequent fulfilment). In the instance of subsequent improvement, the Provider shall not be required to bear the higher costs incurred through transferring the merchandise to a location other than the place of fulfilment, to the extent that the transfer does not correspond to the intended utilisation of the merchandise.
(5) If the Customer is a company owner in the meaning of § 14 BGB and if the subsequent fulfilment fails on a second occasion, the Customer shall be entitled to opt between demanding a reduction or withdrawing from the contract.
§ 9 Note relating to product characteristics
For production-related reasons, slight whitish areas can arise on the blue plastic inlay. However, these do not negatively affect the stability or installation performance of the box, and consequently do not represent a defect.
§ 10 Liability for damages
(1) We are liable on an unrestricted basis for intention and gross negligence as well as in accordance with the German Product Liability Act (ProdHaftG). In the case of slight negligence, we shall be liable for damages arising from damage to life, limb or health of the Customer.
(2) The following restricted liability shall otherwise apply: In the case of slight negligence, we shall be liable only in the case of the infringing of a significant contractual obligation, whose fulfilment first enables the proper implementation of the contract at all, and on whose compliance you may normally rely (so-called cardinal obligation). In terms of level, the liability for slight negligence shall be restricted to the losses predictable when the contract is concluded, which it can be expected will be typically incurred. This restriction of liability shall also be valid in favour of our vicarious agents.
(3) To the extent that liability for loss compensation is excluded or restricted in relation to the Provider, this shall also apply for the personal loss compensation liability of salaried employees, wage-earning employees, co-workers, representatives and vicarious agents of the Provider.
§ 11 Bearing of risk
If the Customer is a company owner in the meaning of § 14 BGB, the risk of the chance loss and/or chance deterioration of the merchandise shall transfer to the Customer with the transfer, and in the case of shipping with the delivery of the merchandise to the service provider selected for this purpose.
§ 12 Transportation damage
(1) In the instance that merchandise is delivered to the Customer with evident transportation damage, the Customer shall be required to immediately lodge a complaint with the delivering party concerning such defects and to contact the Provider as soon as possible.
(2) A delay in lodging a complaint or in making contact shall have no consequences for the Customer's statutory warranty rights, however. It nevertheless assists the Provider in asserting its own claims in relation to the freight forwarder, and in relation to any relevant transportation insurance.
§ 13 Revocation instructions, revocation right
Start of the revocation instructions
In the instance that you are consumer in the meaning of § 13 BGB – in other words, you realise the purchase for purposes that can be predominantly attributed to neither your commercial nor your independent professional activity – you shall have a right of revocation according to the following provisions.
Right of revocation
You shall be entitled to revoke this contract within a 14-day period, without stating reasons. The revocation period shall amount to 14 days from the date on which either you, or a third party you nominate which is not the conveying party, acquired possession of the merchandise. In order to exercise your right of revocation, you must inform us,
va-Q-tec AG
represented by its Management Board Dr. Joachim Kuhn (Management Board Chairman) and Stefan Döhmen
Address: Alfred-Nobel-Str. 33 97080 Würzburg
Tel: +49 (0) 931 35 942 0
Fax: +49 (0) 931 35 942 10
Email address: info@QOOL-products.com
by means of an unequivocal statement (e.g. a letter sent by post, telefax or email) concerning your decision to revoke this contract. For this, you can utilise the attached template revocation form, although this not required. To comply with the revocation period, it is sufficient that you send the statement concerning the exercising of the revocation right before the expiry of the revocation period.
Consequences of revocation
If you revoke this contract, we are required to repay to you all payments we have received from you, including delivery costs (apart from additional costs deriving from the fact that you selected another type of delivery than the most favourable standard delivery we offer), immediately and at the latest within 14 days from the date on which we receive the statement concerning your revocation of this contract. For this repayment, we shall utilise the same means of payment which you utilised for the original transaction, unless agreed otherwise expressly with you; in no instance will you incur charges in relation to such repayment.
We can refuse repayment until we have received the merchandise again, or you have provided proof that you have returned the merchandise, depending on which is the earlier date.
You are required to immediately return or transfer the merchandise to us at the latest within 14 days from the date on which you inform us concerning the revocation of this contract. The period shall have been complied with if you send merchandise before the expiry of the period of 14 days.
You shall bear the direct costs for the return of the merchandise.
You shall only be required to reimburse any loss of value in relation to the merchandise if such loss of value is attributable to handling of the merchandise that is not required in order to examine the condition, characteristics and functionality of the merchandise.
Template revocation form
If you wish to revoke the contract, please fill out this form and return it to us.
End of the revocation instructions
(1) The right of revocation does not exist in the case of
- - the delivery of merchandise that is not pre-produced and for whose manufacture an individual selection or determination by the consumer is critical, or which are clearly customised to the consumer's personal requirements,
- - the delivery of sealed merchandise which is inappropriate for return for reasons of health protection or hygiene, if its seal was removed after delivery.
(2) The Customer is requested to refrain from or prevent damages or contamination to the merchandise. Furthermore, it is requested that the merchandise be returned to the Provider as far as possible in the original packaging with all accessories and with all packaging components, potentially utilising protective surrounding packaging. If the original packaging is no longer available, the Customer is requested to ensure sufficient protection against transportation damages with its own packaging, in order to avoid loss compensation claims due to damages as a consequence of deficient packaging.
(3) The Customer is requested to call the telephone number +49 (0) 931 35 942 - 1883 before returning the merchandise to the Provider in order to notify it of the return dispatch. This enables the products to be allocated as quickly as possible.
(4) The modalities specified in paragraphs 2 and 3 above are not – and also not partially – a precondition for the effective exercising of the right of revocation.
§ 14 Prohibition on assignment and pledging
The Customer's claims and rights in relation to the Provider may not be assigned or pledged without its consent, unless the Customer has proved an entitled interest in assignment or pledging.
§ 15 Form of statements
Relevant statements and notifications that the Customer has to submit to the Provider or a third party shall require at least textual form. This paragraph shall not in any manner affect the statutory right of revocation and the related remarks and instructions in § 13 of these General Terms and Conditions of Business.
§ 16 Language, place of jurisdiction and applicable law
(1) Exclusively the law of the Federal Republic of Germany shall be applied to the contract and all relationships between the Provider and the Customer. For consumers in the meaning of § 13 BGB, this shall apply only to the extent that this does not restrict any statutory provisions of the state in which the Customer has its domicile or usual place of abode.
(2) The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention") shall not be applicable.
(3) In the case of litigation affecting this agreement, or relationships between the Provider and the Customer, with Customers that are merchants, public-law legal persons or public-law special assets, the place of jurisdiction shall be the Provider's place of business.
§ 17 Alternative dispute resolution
The EU Commission has provided the platform for out-of-court dispute resolution. This gives consumers the opportunity to first clarify disputes in connection with their online order without involving a court. The dispute resolution platform is available at the external link http://ec.europa.eu/consumers/odr/ .
We endeavour to amicably resolve potential differences of opinion arising from our contract. Above and beyond this, we are not obligated to participate in dispute resolution proceedings, and unfortunately we are also not able to offer you our participation in such proceedings.
§ 19 Severability clause
The inefficacy of one or several provisions of these General Terms and Conditions of Business shall not affect the efficacy of the remaining provisions.
