Terms and Conditions (version dated: June 2016)
1. General Scope
Our following general terms and conditions shall apply exclusively for business relations between our online shop and consumers or businessmen.
Consumer is every person concluding a legal transaction not predominantly in his or her commercial or self-employed occupational activity. Businessman is a legal entity or individual person or non-incorporated company acting in her, his or its commercial or self-employed occupational activity.
These terms and conditions shall apply for future business relationships, too, without any necessity to refer to them again. If a businessman applies contradictory or supplementary terms and conditions, they will not be applied; they will only become integral part of the contract with our explicit consent.
2. Contractual partners, Conclusion of ContractThe purchase contract is concluded with Cookmal Gesellschaft zur Förderung des Beratungshandels mbH & Co. KG.
The presentation of the products in the online shop is no legally binding offer, but represents an online catalogue without engagement.
By clicking the button (Place order) you place a legally binding order of the articles contained in the shopping cart. Confirmation of receipt of the order is effected by automated e-mail, directly after placing the order, but does not constitute acceptance of a contract. We can accept your order by sending a separate order confirmation by e-mail or by delivery of the merchandise within two days.
A binding contract also may result before like this:
If you have chosen the payment method PayPal, the contract already is concluded with your payment confirmation transmitted to PayPal.
If you have chosen the payment method SOFORT Überweisung, the contract is concluded your payment confirmation transmitted to SOFORT GmbH.
You have the possibility to conclude the contract in German and English language.
We record the wording of the contract and are sending you data of the order and terms and conditions by e-mail. In case you have registered as a client, you can review former orders in your customer account.
In addition to the prices of the products you may have to pay forwarding charges. Further information concerning the forwarding charges are given with the offers.
We only dispatch the merchandise. It is not possible to pick up the merchandise yourselves. We do not dispatch to “Packstationen".
The following payment methods are provided in our shop:
If you choose advance payment, you will receive an order confirmation showing our bank data. We ship the merchandise on receipt of the payment.
Cash on delivery
If you choose cash on delivery, you will have to pay 6 Euro to the forwarder additionally to the forwarding charges.
Payments by credit card are processed by PayPal. You do not need any PayPal account to pay by credit card. More information will be given during the order processing and here: here.
PaypalYou pay the invoiced amount via PayPal and have to be registered or have to register there, authorize with you data and confirm the payment to us (exception guest login if indicated). More information will be given during the order processing.
Direct debitPayments by direct debit (accordant SEPA) are processed by PayPal. You do not need any PayPal account to pay by direct debit. More information will be given during the order processing and here: here.
Payment on receipt of invoiceYou pay on receipt of the merchandise. The invoice will be enclosed in the parcel. Payments on receipt of invoice are processed by PayPal. You do not need any PayPal account to pay on receipt of invoice. More information will be given during the order processing and hier.
We also offer the payment method SOFORT Überweisung. Due to the immediate credit the order transaction is accelerated like this. You only need the account number, BIC, PIN and TAN. By means of the secure payment form, that is not visible for to the retailer, SOFORT GmbH transmits the remittance automatically and directly to your online banking account. The amount is transmitted immediately to the retailer’s account. If you choose SOFORT Überweisung a prefilled form will turn up at the end of the order processing showing your bank data, the amount and the purpose. You have to choose the country of your banking account and enter the BIC. Then you enter the same data as used for online-banking log-in (account no. and PIN). Confirm your order by a TAN, then the transaction will be confirmed. Every internet user can use the payment method SOFORT Überweisung if he has a online-banking-account with PIN/TAN procedure. There are a few banks not offering SOFORT Überweisung actually. For further information please click here.
Credit financing with SWK Bank (only Germany)
If you have chosen the payment method financing, SCHUFA and avarto infoscore will be enquired. Important note: a SCHUFA enquiry will not change your personal scoring from SCHUFA. You will find further information about a SCHUFA enquiry and the Bundesatenschutzgesetz here
The „gesetzliches Mängelhaftungsrecht“ applies. Information about potential additional warranties and their conditions are indicated at the products and on special information pages in our online shop. Additional warranties do not impact your legal claims on the basis of deficiencies. Cookmal gerally tries to solve problems in collaboration with the customer. For this purpose please contact our service hotline under no. 0049 (0)6781 – 5678980 from Monday to Friday 8:00 a. m. – 5:00 p. m.
6. Reservation of Title
All our deliveries are conducted under reservation of title. For businessmen applies: all our deliveries are conducted under reservation of title until all debts are settled. If a businessman alienates the goods to a third party, his claims deriving from the resale of the merchandise up to the invoiced amount, will be conveyed to Cookmal until all claims of Cookmal are repaid. Cookmal accepts this assignment. You still may collect receivables yourselves, but we may collect receivables ourselves if you do not fulfill your payment obligation.
7. Right of Revocation
Consumers have the right of revocation within 14 days. The right of revocation is not conceded to businessmen.
Instructions concerning Revocation
Right of Revocation
You have the right to revoke this contract within 14 days without stating reasons.
The period of revocation is 14 days from the day you or a third party, named by you, who is not the carrier, has taken possession of the last merchandise.
In order to exercise your right of revocation you have to inform us (Cookmal-Gesellschaft zur Förderung des Beratungshandels mbH & Co. KG, Hauptstrasse 30 – 32, D-55743 Idar-Oberstein, Tel. +49(0)6781-56789813, Fax: +49(0)6781-56789888, firstname.lastname@example.org)
by an explicit declaration (for instance by a letter sent by post, by telefax or e-mail) about your decision to revoke this contract. For this purpose you can use the enclosed specimen form of revocation, which, however, is not compulsory.
The revocation period shall be deemed observed if the notice of revocation is sent before expiration of the period of revocation.
Consequences of Revocation
In the event of an effective revocation, we have to restitute all payments received from you, including delivery expenses (except for additional costs, resulting from the fact that you have chosen another kind of delivery than the most favourable standard delivery offered by us), without delay and by the latest within fourteen days from the day when we have received information about revocation of this contract. We will use the same means of payment for the back-payment, which was used by you for the original transaction, unless something else explicitly was agreed with you; in no case we will charge fees for the back-payment. We can refuse back-payment until we will have received the returned goods or until you will have furnished proof for the return of goods, depending on what is the earlier date.
You have to return or deliver the goods without delay, at any rate at the latest within fourteen days from the date you inform us about revocation of the contract, to us or to cookplanet.com (Lager), Harald-Fissler-Str. 10, 55768 Hoppstädten-Weiersbach.
The revocation period shall be deemed observed, if you dispatch the goods before expiration of the period of fourteen days. You have to bear the direct costs for return of the goods, unless the price of the goods to be returned exceeds the amount of 40,00 €.
You have to pay for an eventual loss in value of the goods only, if this loss in value is due to a handling of goods, not necessary to examine the condition, properties and functionality of the goods.
Specimen Form of Revocation
(In case you want to revoke the contract, please complete this form and return it.)
To Cookmal-Gesellschaft zur Förderung des Beratungshandels mbH & Co. KG
Hauptstrasse 30 – 32
Herewith I/we (*) revoke the contract concluded by me/by us (*) about the purchase of following goods (*)/ the supply of the following service (*).
Ordered on (*)/received on (*)
Name of consumer/consumers
Address of consumer/consumers
Signature of consumer/consumers (only in case of information on paper)
(*) Please delete where inapplicable.
If you refinance this contract by means of a loan you revoke afterwards, you are not bound to the loan agreement any more if both contracts are an economical unity. This can be assumed if we are your loaner or if your loaner uses our involvement concerning the funding.
If the loan has already accrued to us by the time of revocation or return of goods, your loaner takes over our rights and duties resulting from the financed contract concerning the legal consequences of the revocation or return. The latter is not valid if the contract serves the purchase of financial instruments (e. g. of stocks, currencies or derivatives). Make use of your right of revocation to revoke the loan contract if you have the right to do so, in order to avoid a contractual obligation as far as possible.
End of Instructions concerning Revocation
8. Transport damages
the forwarder if possible and to inform Cookmal promptly. The omission of complaints or contacting does not impact your legal claims and their enforcement and in particular your legal claims on the basis of deficiencies. You just help us to enforce our claims towards the forwarder or the transport insurance. For businessmen apply: Perils in accidental perishing or accidental deterioration are transferred to you as soon as we have delivered the merchandise to the shipper, the forwarder or any other person or institution assigned to shipping. § 377 HGB applies among businessmen concerning the obligation of inspection and objection. If you omit the notification being regulated there, the merchandise is presumed as being approved, unless the damage had not been visible during the inspection. This shall not apply, if we have concealed a deficiency maliciously.
9. Supplier identification
cookplanet.co.uk 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)
We are fully liable for claims due to damages caused by us, our legal agents or vicarious agents
in the case of injury of life, body or health
in the case of malicious or grossly negligent breach of duty
in the case of warranty bonds insofar as contracted
as far as the scope of application of the product liability act is commenced.
In the case of breach of substantial contractual obligations, whose performance only allow the transaction of the contract and on whose compliance the contracting party regularly may rely on (material contractual obligation) by our, our legal agent’s or vicarious agent’s slight negligence, the level of liability is restricted to the general damages being predictable when the contract is concluded. For the rest claims for damages are excluded.
11. Code of conduct
We subject to the Trusted Shop’s code of conduct (http://www.trustedshops.de/guetesiegel/einzelkriterien.html).
12. Final clause
German law shall apply. The Uniform Law on the International Sale of Goods (CISG) does not apply. If you are merchant as defined by the commercial code (HGB), a corporate body under public law or public special assets, the only court of jurisdiction for all disagreements from the contractual relationship between us and you is our place of management.