for Online-Private Customers of Cookmal GFB mbH & Co. KG (Download PDF)

for Online-Business Customers of Cookmal GFB mbH & Co. KG (Download PDF)

for Online-Private Customers of Cookmal GFB mbH & Co. KG

Version dated: December 2005

§ 1 General Scope

cookplanet.com is the online shop of Cookmal GFB mbH & Co. KG.

Our following general terms and conditions shall apply exclusively for business relations between Cookmal GFB mbH & Co. KG (subsequently called „Cookmal“) and the private Customer (subsequently called „Customer“). Regulations or conditions differing from or conflicting with these general terms and conditions are valid only after written confirmation by Cookmal.

§ 2 Conclusion of Contract

The presentation of the products in the online shop or in other media is an invitation without obligation to order merchandise from Cookmal.

By ordering via the online shop, in writing by fax, mail, e-mail or by telephone, the Customer gives an offer to conclude a contract on the merchandise desired by him.

We accept the Customer’s offer within a period of 14 days at the latest, by sending a confirmation of the order or by dispatching the merchandise by Cookmal.

The offers of Cookmal are without engagement; information by telephone by members of Cookmal staff do not represent any warranted properties or a lifetime warranty.

§ 3 Delivery

Dates of delivery are kept as far as possible, but they are without engagement. The commencement of the delivery time indicated by us is based on clarification of all technical questions as well as compliance with all obligations by the Customer in time and in proper form. We reserve the right of defence of lack of performance of the contract.  

Force majeure releases us from the obligation to supply. Circumstances rendering a supply unacceptably difficult or impossible are of equal rank as force majeure, notwithstanding, whether these circumstances arise on supplier’s or Customer’s side. After abolition of the estoppel we are entitled still to effect delivery. In case of a delay in delivery exceeding 3 months, caused by force majeure, the Customer is entitled to withdraw from the contract.

Partial deliveries are permitted. In case partial delivery is caused by us, the forwarding charges disclosed to the Customer, hereby caused, will not be increased. If partial delivery, however, is made on explicit request of the Customer, we are entitled to charge the forwarding charges disclosed to the Customer for each partial delivery.

Cookmal bears the full risk for damage or loss during transport of the merchandise to the Customer. If the merchandise arrives damaged or does not arrive at all, the Customer will be obliged to inform Cookmal promptly.

§ 4 Prices and Payment

The prices of our general price list valid on the date of order are applicable. The prices are to be understood in EURO including German value-added tax.

You are informed about the relative forwarding charges in connection with your order.

When paying with credit card the order of the Customer is handled immediately with cover granted by the credit-card company, and the ordered products will be dispatched immediately on availability.

§ 5 Warranty

In principle Cookmal strives to solve arising problems in collaboration with the Customer. In case the merchandise supplied by Cookmal is faulty or does not correspond to the described property, Cookmal is obliged to amend the faulty merchandise (this means to effect an appropriate amendment) or to effect a delivery of replacement. Cookmal is entitled to amendment, if a delivery of replacement causes costs to Cookmal, which are out of scale. In case amendments should fail or if a delivery of replacement should not arrive in adequate time, the Customer is entitled to demand an abatement of the purchase price (reduction) or to withdraw from the contract. In order to enable that the Customer receives amendment and/or a delivery of replacement without delay, the fault has to be reported immediately in writing.

Faults not recognizable even on careful control, have to be reported in writing immediately when detected, but at the latest within two years after delivery. However, you can claim indemnification instead of replacement/corrective course only, if Cookmal has acted grossly negligent or has violated a law or has deceived guilefully.

Cookmal grants a warranty of two years on purchased new goods. In order to avoid legal disputes you are obliged first to place the claimed article at our disposal for inspection of the fault, according to our choice either in your house or by sending the article to us or a third party destined by us.

For this purpose please contact our service hotline under no. 0049 (0)6781 – 969830 in order to arrange the further proceedings. If you reject a respective co-operation, we are released from our liability of warranty. With regard to goods supplied by Cookmal, you certainly will understand that we cannot be responsible for faults caused by external influence or wrong handling.

Warranty claims do expire as well, if the Customer has not followed directions for use or maintenance guidelines of the products or if an unauthorized third party has effected alterations or has used expendable materials which do not comply with producers’ specifications of the single products supplied by us. The same applies to such damage caused, if products delivered by us are operated in combination with other apparatus, if compatibility is not ensured.

In case we should exchange single components of the delivered goods by the means of amendment we acquire property in the components dismounted. In case of a delivery of replacement Cookmal acquires property in the exchanged parts and/or components, once the exchanged merchandise is in possession of the contracting party. Finally we reserve the right, in case faults at products supplied by us are not recognizable, to invoice a flat service charge according to our costs, however, at a maximum of 60,00 EUR.

§ 6 Reservation of Title

All our deliveries are conducted under reservation of title. The Customer will not gain ownership of the goods until complete payment. If the Customer alienates the goods to a third party, his claims deriving from the resale of the merchandise, will be conveyed to Cookmal until all claims of Cookmal  are repaid. Cookmal accepts this assignment.

If the Customer of Cookmal is partly or completely in a default with one ore more payments, or if he stops his payments or is in insolvency proceedings, he must not dispose of the merchandise having been delivered by Cookmal. In this case Cookmal is entitled to withdraw from the contract, to take back the merchandise being at the Customer’s or to cancel the authorization of resale.

Furthermore Cookmal is entitled to request information concerning the recipient of the merchandise still belonging to Cookmal, to disclose the assignment of receivables or to collect the receivables itself.

§ 7 Right of Revocation

You have the right to revoke your contractual statement in writing e. g. letter, fax, e-mail within 1 month, without stating reasons or by returning the goods. The period shall begin after the receipt of the goods by you and the receipt of detailed written instructions. The revocation period shall be deemed observed if the goods are returned or notice of revocation is given within this period. The revocation or the return of the merchandise shall be addressed to:

cookplanet.com (Lager)
Harald-Fissler-Str. 10
D-55768 Hoppstädten-Weiersbach
Germany
international@cookplanet.com

§ 8 Consequences of Revocation

In the event of an effective revocation the consideration received by both parties shall be restituted and any benefits received (e. g. benefit of use) shall be returned. If the Customer cannot return the merchandise received, either totally or partly or only in a deteriorated condition, the Customer shall be obliged to effect respective compensation for lost value to Cookmal.

This shall not apply, if the deterioration of the merchandise is exclusively to be put down to an examination by Customer such as would have been possible, for example in a shop. Apart from this, Customer can avoid the obligation of compensation by not putting the object into use like an owner and omitting everything impairing its value.

The Customer has to take care of a complete return of the merchandise - including all accessories, instructions for use etc. – and in original packaging as well as outer packaging being adequate for transport.

The Customer has to pay the return charges in case of a merchandise value up to 40,00 €. The packet has to be returned sufficiently prepaid to Cookmal with the completed form “Service Request” (see “service/return & claims”). Parcels not postpaid cannot be accepted by Cookmal.

From a merchandise value above 40,00 € Cookmal bears the expenses for return. Cookmal offers 2 possibilities for return:

a.    The Customer will return the sufficiently postpaid parcel to Cookmal, including the completed form “Service Request”. Return charges will naturally be reimbursed by Cookmal. Parcels not prepaid cannot be accepted by Cookmal.

b.    The Customer will contact the Customer service of Cookmal by e-mail to international@cookplanet.com or by phone no. 0049(0)6781-969830 and Cookmal will organize collection of the merchandise. The specifications required by Cookmal can be learnt from the Service Request (please see “Service/Return & Customer Complaint”).

Cookmal will not take over transport costs for return deliveries from abroad.

 § 9 Protection of Data

As far as personal data are demanded on our website (for instance name, address or e-mail address), this is – as far as possible – always done on voluntary basis. The use of the offers and services is – as far as possible – generally possible without indication of personal data.

The data given by the Customer on the occasion of his registration - and only these data - are required and used by Cookmal exclusively for implementation of the contract. The Customer gives his respective agreement by the registration. Personal data of the Customer can always be reviewed, edited and changed by using the button “My account”. Besides, Cookmal uses these data internally for statistical purposes, in order better to be able to comply with Customer’s requests. The Customer determines in the course of his registration, whether Cookmal is allowed to use the Customer’s data for their own marketing purposes. In case the Customer does not agree to such use, he will not receive unsolicited advertising.

In order to be able to comply with Customer’s requirements in an optimal way, Cookmal is using so-called “cookies”. These are set, when visiting our website and they contain a “Session-ID”, which authenticates the user during his active use of the website. The purchase of goods is only possible in connection with “cookies”. The visit of our website, of course, is also possible without “cookies”.

By the aid of technologies of the etracker GmbH, data are collected and registered in anonymized form on this website, for marketing and optimisation purposes. From these data profiles of use are compiled under a pseudonym. For this purpose, cookies can be used, which, however, collect and register data only in pseudonymous form. The data are not used to identify the user of this website personally and are not connected with data of the user of the pseudonym.  It is possible at any time to contradict to collection and registration of the data for the future.
http://www.etracker.de/privacy?et=nmgsJ3

§ 10 Supplier Identification

cookplanet.com is the online shop of

Cookmal Gesellschaft zur Förderung des Beratungshandels mbH & Co. KG (Commercial Registry Bad Kreuznach HRA 11651)
Address: Hauptstrasse 30 – 32, D-55743 Idar-Oberstein, Germany
Managing Director: Thomas Metzger
General Partner: Cookmal Beteiligungsgesellschaft zur Förderung des Beratungshandels mbH
(Commercial Registry Bad Kreuznach HRB 10971)

§ 11 Exemption of Liability

Liability for contents

The contents of our website have been compiled with utmost care. However, we cannot warrant the correctness, completeness and actuality of the contents.

As a service company we are responsible for our own contents on this website, according to
§ 6, clause 1 MDStV and § 8 clause 1 TDG, according to general laws. Service companies, however, are not obliged to control external information distributed and registered by them or to research for circumstances indicating an illegal activity.

Obligations of removing or blocking the use of information according to general laws remain unaffected thereof. A respective liability, however, is only possible from the date of knowledge of a concrete infringement. When becoming aware of respective infringements, we will immediately remove these contents.

Warranty for Links

Our offer contains links to external websites of third parties, whereby we do not have influence on their contents. Thus we cannot warrant these external contents. With regard to the contents of linked websites, the respective party making offer respectively provider of these websites is responsible. At the time of linking these websites, the linked websites were checked with regard to possible infringements. At the time of linking such infringements were not evident. A permanent control of contents of the linked websites, however, is not just and reasonable without concrete evidence of an infringement. When becoming aware of infringements, we will immediately remove such links.

§ 12 Final Clause

The contract concluded with the Customer is subject to German law. The application of Uniform Law on the International Sale of Goods (CISG) is excluded.

If single regulations of these General Terms and Conditions or of the contract concluded with the Customer become in part or in full void or ineffective, in order to maintain the contract, it will be considered to have been agreed on a valid regulation, which is in a legally valid way the closest to the economic purpose of the invalid regulation.

Cookmal reserves the right to change these General Terms and Conditions at any time and without indication of reasons. Such alterations do not apply to orders already effected.

for Online-Business Customers of Cookmal GFB mbH & Co. KG

Version dated: December 2005

§ 1 General Scope

cookplanet.com is the online shop of Cookmal GFB mbH & Co. KG.

Our following general terms and conditions shall apply exclusively for business relations between Cookmal GFB mbH & Co. KG (subsequently called „Cookmal“) and the Business Customer (subsequently called „Customer“). Regulations or conditions differing from or conflicting with these general terms and conditions are valid only after written confirmation by Cookmal.

§ 2 Conclusion of Contract

The presentation of products in the online shop or in other media is an invitation without obligation to order merchandise from Cookmal.

By ordering via the online shop, in writing by fax, mail, e-mail or by telephone, the Customer gives an offer to conclude a contract on the merchandise desired by him.

We accept the Customer’s offer within a period of 14 days at the latest, by sending a confirmation of the order or by dispatching the merchandise by Cookmal.

The offers of Cookmal are without engagement; information by phone by members of Cookmal staff do not represent any warranted properties or a lifetime warranty.

§ 3 Delivery

Dates of delivery are kept as far as possible, but they are without engagement. The commencement of the delivery time indicated by us is based on clarification of all technical questions as well as compliance with all obligations by the Customer in time and in proper form. We reserve the right of defence of lack of performance of the contract.  

Force majeure releases us from the obligation to supply. Circumstances rendering a supply unacceptably difficult or impossible are of equal rank as force majeure, notwithstanding, whether these circumstances arise on supplier’s or Customer’s side. After abolition of the estoppel we are entitled still to effect delivery. In case of a delay in delivery exceeding 3 months, caused by force majeure, the Customer is entitled to withdraw from the contract.

Partial deliveries are permitted. In case partial delivery is caused by us, the forwarding charges disclosed to the Customer, hereby caused, will not be increased. If partial delivery, however, is made on explicit request of the Customer, we are entitled to charge the forwarding charges disclosed to the Customer for each partial delivery.

Cookmal bears the full risk for damage or loss during transport of the merchandise to the Customer. In case the merchandise arrives damaged or does not arrive at all, the Customer is obliged to inform Cookmal promptly.

§ 4 Prices and Payment

The prices of our general price list valid on the date of order are applicable. The prices are to be understood in EURO including German value-added tax.

You are informed about the relative forwarding charges in connection with your order.

When paying with credit card the order of the Customer is handled immediately with cover granted by the credit-card company, and the ordered products will be dispatched immediately on availability.

§ 5 Warranty

In principle Cookmal strives to solve arising problems in collaboration with the Customer. In case the merchandise supplied by Cookmal is faulty or does not correspond to the described property, Cookmal is obliged to amend the faulty merchandise (this means to effect an appropriate amendment or to effect a delivery of replacement. Cookmal is entitled to amendment, if a delivery of replacement causes costs to Cookmal, which are out of scale. In case amendments should fail or if a delivery of replacement should not arrive in adequate time, the Customer is entitled to demand an abatement of the purchase price (reduction) or to withdraw from the contract. In order to enable that the Customer receives amendment or a delivery of replacement without delay, the fault has to be reported immediately in writing.

Faults not recognizable even on careful control, have to be reported immediately when detected, but at the latest within two years after delivery. However, you can claim indemnification instead of replacement/corrective course only, if Cookmal has acted grossly negligent or has violated a law or has deceived guilefully.

Cookmal grants a warranty of two years on purchased new goods. In order to avoid legal disputes you are obliged first to place the claimed article at our disposal for inspection of the fault, according to our choice either in your house or by sending the article to us or a third party destined by us.

For this purpose please contact our service hotline under no. 0049 (0)6781 – 969830 in order to arrange the further proceedings. If you reject a respective co-operation, we are released from our liability of warranty. With regard to goods supplied by Cookmal, you certainly will understand that we cannot be responsible for faults caused by external influence or wrong handling.

Warranty claims do expire as well, if the Customer has not followed directions for use or maintenance guidelines of the products or if an unauthorized third party has effected alterations or has used expendable materials which do not comply with producers’ specifications of the single products supplied by us. The same applies to such damage caused, if products delivered by us are operated in combination with other apparatus, if compatibility is not ensured.

In case we should exchange single components of the delivered goods by the means of amendment we acquire property in the components dismounted. In case of a delivery of replacement Cookmal acquires property in the exchanged parts and/or components, once the exchanged merchandise is in possession of the contracting party. Finally we reserve the right, in case faults at products supplied by us are not recognizable, to invoice a flat service charge according to our costs, however, at a maximum of 60,00 EUR.

§ 6 Reservation of Title

All our deliveries are conducted under reservation of title. The Customer will not gain ownership of the goods until complete payment. If the Customer alienates the goods to a third party, his claims deriving from the resale of the merchandise, will be conveyed to Cookmal until all claims of Cookmal are repaid. Cookmal accepts this assignment.

The customer is obliged to insure the merchandise in a sufficient manner at his own costs against destruction or damage, particularly by fire, water, burglary or theft. On request of Cookmal he will allow inspection of the certificate of insurance. Such insurance claims as well will be assigned to Cookmal already now.

If the Customer of Cookmal is partly or completely in default with one ore more payments, or if he stops his payments or is in insolvency proceedings, he must not dispose of the merchandise having been delivered by Cookmal. In this case Cookmal is entitled to withdraw from the contract, to take back the merchandise being at the Customer’s or to cancel the authorization of resale.

Furthermore Cookmal is entitled to request information concerning the recipient of the merchandise still belonging to Cookmal, to disclose the assignment of receivables or to collect the receivables itself.

§ 7 Revocation

In case the Customer should not be satisfied with the bought merchandise, he has the right to return it, if he informs Cookmal respectively within 1 month since date of delivery and if he returns the merchandise within afore-mentioned period. The information regarding return can be effected without stating reasons, in writing e. g. letter, fax, e-mail or by returning the goods.

The period shall begin after receipt of the goods by the Customer and receipt of detailed written instructions. The revocation period shall be deemed observed if the goods are returned or notice of revocation is given within this period. The revocation or the return of the merchandise shall be addressed to:

cookplanet.com (Lager)
Harald-Fissler-Str. 10
D-55768 Hoppstädten-Weiersbach
Germany

international@cookplanet.com

In the event of an effective revocation the consideration received by both parties shall be reimbursed and any benefits received (e. g. benefit of use) shall be returned. If the Customer cannot return the merchandise received, either totally or partly or only in a deteriorated condition, the Customer shall be obliged to effect respective compensation for lost value to Cookmal.

This shall not apply, if the deterioration of the merchandise is exclusively to be put down to an examination by Customer such as would have been possible, for example in a shop. Apart from this, Customer can avoid the obligation of compensation by not putting the object into use like an owner and omitting everything impairing its value.

The Customer has to take care of a complete return of the merchandise - including all accessories, instructions for use etc. – and in original packaging as well as outer packaging being adequate for transport.
Return is at Customer’s expense and Customer’s risk. Cookmal will not take over transport costs for return deliveries.

§ 8  Protection of Data

As far as personal data are demanded on our website (for instance name, address or e-mail address), this is – as far as possible – always done on voluntary basis. The use of offers and services is – as far as possible – generally possible without indication of personal data.

The data given by the Customer on the occasion of his registration - and only these data - are required and used by Cookmal exclusively for implementation of the contract. The Customer gives his respective agreement by the registration. Personal data of the Customer can always be reviewed, edited and changed by using the button “My account”. Besides, Cookmal uses these data internally for statistical purposes, in order better to be able to comply with Customer’s requests. The Customer determines in the course of his registration, whether Cookmal is allowed to use the Customer’s data for their own marketing purposes. In case the Customer does not agree to such use, he will not receive unsolicited advertising.

In order to be able to comply with Customer’s requirements in an optimal way, Cookmal is using so-called “cookies”. These are set, when visiting our website and they contain a “Session-ID”, which authenticates the user during his active use of the website. The purchase of goods is only possible in connection with “cookies”. The visit of our website, of course, is also possible without “cookies”.

By the aid of technologies of the etracker GmbH, data are collected and registered in anonymized form on this website, for marketing and optimisation purposes. From these data profiles of use are compiled under a pseudonym. For this purpose, cookies can be used, which, however, collect and register data only in pseudonymous form. The data are not used to identify the user of this website personally and are not connected with data of the user of the pseudonym.  It is possible at any time to contradict to collection and registration of the data for the future.
http://www.etracker.de/privacy?et=nmgsJ3

§ 9 Supplier Identification

cookplanet.com is the online shop of

Cookmal Gesellschaft zur Förderung des Beratungshandels mbH & Co. KG (Commercial Registry Bad Kreuznach HRA 11651)
Address: Hauptstrasse 30 – 32, D-55743 Idar-Oberstein, Germany
Managing Director: Thomas Metzger
General Partner: Cookmal Beteiligungsgesellschaft zur Förderung des Beratungshandels mbH
(Commercial Registry Bad Kreuznach HRB 10971)

§ 10 Exemption of Liability

Liability for contents

The contents of our website have been compiled with utmost care. However, we cannot warrant the correctness, completeness and actuality of the contents.

As a service company we are responsible for our own contents on this website, according to
§ 6, clause 1 MDStV and § 8 clause 1 TDG, according to general laws. Service companies, however, are not obliged to control external information distributed and registered by them or to research for circumstances indicating an illegal activity.

Obligations of removing or blocking the use of information according to general laws remain unaffected thereof. A respective liability, however, is only possible from the date of knowledge of a concrete infringement. When becoming aware of respective infringements, we will immediately remove these contents.

Warranty for Links

Our offer contains links to external websites of third parties, whereby we do not have influence on their contents. Thus we cannot warrant these external contents. With regard to the contents of linked websites, the respective party making offer respectively provider of these websites is responsible. At the time of linking these websites, the linked websites were checked with regard to possible infringements. At the time of linking such infringements were not evident. A permanent control of contents of the linked websites, however, is not just and reasonable without concrete evidence of an infringement. When becoming aware of respective infringements, we will immediately remove such links.

§ 11 Final Clause

The contract concluded with the Customer is subject to German law. The application of Uniform Law on the International Sale of Goods (CISG) is excluded.

For all contracts concluded with the Customer, Idar-Oberstein is place of performance and exclusive court of jurisdiction.

In case single regulations of these General Terms and Conditions or of the contract concluded with the Customer become in part or in full void or ineffective, in order to maintain the contract, it will be considered to have been agreed on a valid regulation, which is in a legally valid way the closest to the economic purpose of the invalid regulation.

Cookmal reserves the right to change these General Terms and Conditions at any time and without indication of reasons. Such alterations do not apply to orders already effected.