General Terms and Conditions (GTC)
of
Gebr. Elmer & Zweifel GmbH & Co. KG
Auf dem Brühl 1-9
72658 Bempflingen
Germany
Telephone: +49 7123 93 80-0
Fax: +49 7123 93 80-11
Email: info@cotonea.de
(hereinafter referred to as ‘Elmer Zweifel’)
As of: 01.03.2022
For buyers in the online shop: www.cotonea.de
§ 1 Scope of application, general information
- These General Terms and Conditions apply to all goods offered by Elmer & Zweifel in the online shop ‘www.cotonea.de&ldquo’ (hereinafter referred to as ‘online shop’). These General Terms and Conditions do not apply to the ‘Retailer Shop’ at ‘business.cotonea.de’.
- Elmer & Zweifel does not recognise any terms and conditions of the buyer that deviate from or contradict these General Terms and Conditions. nbsp;Zweifel does not recognise any terms and conditions of the buyer that deviate from or contradict these General Terms and Conditions.
§ 2 Prerequisites for concluding a contract
Elmer & Zweifel only supplies buyers if they are based in one of the following countries and provide a delivery address in one of the following countries: Germany, France, Denmark, Netherlands, Luxembourg, Belgium, Great Britain, Republic of Ireland, Italy, Switzerland, Slovenia, Spain, Portugal, Austria, Finland, Poland, Estonia, Lithuania, Latvia, Hungary).
§ 3 Notification and information
- The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalogue. By clicking on the ‘Place order’ button, you are placing a binding order for the goods contained in your shopping basket. Confirmation of receipt of your order will be sent immediately by e-mail. This e-mail confirmation does not constitute acceptance of your order by Elmer & Zweifel; acceptance will be confirmed in a separate e-mail within 1-3 working days.
- The contract text will not be stored by Elmer & Zweifel in a form accessible to the buyer after conclusion of the contract. However, the contract text will be sent to the buyer in the confirmation of receipt by e-mail.
- The buyer can identify and correct input errors before finally submitting the order by checking the order details on a separate confirmation page.
- The languages available for the conclusion of the contract are German or English.
- There are no relevant codes of conduct.
- The essential characteristics and total price of the goods, as well as the validity period of limited-time offers from Elmer & Zweifel, can be found in the detailed descriptions of the individual goods in the online shop and in these General Terms and Conditions.
- The exact reproduction of the colours of the products in the online shop depends on the technical conditions at the buyer's premises (e.g. monitor settings). The colours reproduced in the online shop may therefore differ slightly from the actual colours of the products.
§ 4 Purchase price to be paid, shipping, return costs in case of cancellation
- All prices include the value added tax applicable in Germany.
- An invoice is enclosed with the delivery of goods.
- For deliveries to Switzerland and the United Kingdom, the buyer shall bear any costs incurred for customs clearance and taxes.
- In the event of cancellation, the buyer shall bear the direct costs of returning the goods.
§ 5 Means of payment, terms of payment, offsetting
- 1. Unless otherwise specified for the respective item, payment can be made by bank transfer, credit card (MasterCard or VISA), PayPal or cash on delivery. The payment methods available for each country can be found in the following table:
| Country | Credit card (MasterCard + Visa) | PayPal | Prepayment (bank transfer) | Cash on delivery |
| Belgium |
✓ |
✓ |
✓ |
x |
| Denmark |
✓ |
✓ |
✓ |
x |
| Germany |
✓ |
✓ |
✓ |
✓ |
| Estonia |
✓ |
✓ |
✓ |
x |
| Finland |
✓ |
✓ |
✓ |
x |
| France |
✓ |
✓ |
✓ |
x |
| Ireland |
✓ |
✓ |
✓ |
x |
| Italy |
✓ |
✓ |
✓ |
x
|
| Lithuania |
✓ |
✓ |
✓ |
x |
| Luxembourg |
✓ |
✓ |
✓ |
x |
| Netherlands |
✓ |
✓ |
✓ |
x |
| Austria |
✓ |
✓ |
✓ |
x
|
| Poland |
✓ |
✓ |
✓ |
x |
| Portugal |
✓ |
✓ |
✓ |
x
|
| Switzerland |
✓ |
✓ |
✓ |
x
|
| Slovenia |
✓ |
✓ |
✓ |
x |
| Spain |
✓ |
✓ |
✓ |
x
|
| Hungary |
✓ |
✓ |
✓ |
x
|
| United States |
✓ |
✓ |
✓ |
x
|
- If the buyer chooses to pay by bank transfer, payment must be made in advance and is only considered complete once it has been credited to the Elmer & Zweifel account.
- If the buyer chooses to pay by PayPal, payment shall be deemed to have been made upon receipt in the PayPal account of Elmer & Zweifel.
- If the buyer chooses to pay by credit card (MasterCard or VISA), the amount shall be deemed to have been paid once Elmer & Zweifel has successfully debited the credit card account.
- If the buyer chooses to pay by cash on delivery, the purchase price plus a cash on delivery fee of EUR 5.10 must be paid in cash to the parcel service upon receipt of the goods.
- Elmer & Zweifel's claims for payment may only be offset against undisputed or legally established claims.
§ 6 Delivery date depending on the choice of payment method
- Unless otherwise stated or regulated for individual goods in the online shop or below, delivery shall take place
- for deliveries to Germany: within up to 5 working days
- for deliveries to Switzerland: within up to 11 working days
- for deliveries to other countries listed in § 2: within up to 7 working days
beginning in the case of
- payment by bank transfer: from the proper submission of the payment order to the transferring credit institution;
- payment by PayPal: from the proper issuance of the buyer's order to PayPal to initiate payment to the PayPal account of Elmer & Zweifel;
- payment by credit card: upon conclusion of the contract, provided that the details provided for the credit card account to be debited are correct;
- payment by cash on delivery: upon conclusion of the contract.
- Working days are Monday to Friday, excluding public holidays at the registered office of Elmer & Zweifel and at the registered office of the purchaser.
§ 7 Retention of title
- Elmer & Zweifel retains title to the goods delivered by Elmer & Zweifel until all claims arising from the purchase contract have been settled.
- The purchaser must inform us immediately of any enforcement measures by third parties against the goods subject to retention of title, handing over the documents necessary for intervention; this also applies to encumbrances of any other kind.
§ 8 Liability of Elmer & Zweifel
- The existing statutory liability for defects applies to the goods.
- Outside the statutory liability for defects, the purchaser may only claim damages:
- 2.1. for damages resulting from injury to life, limb or health caused by an intentional or negligent breach of duty by Elmer & Zweifel Zweifel or an intentional or negligent breach of duty by a legal representative or vicarious agent of Elmer & Zweifel;
- 2.2. for damages resulting from an intentional or grossly negligent breach of duty by Elmer & Zweifel or from an intentional or grossly negligent breach of duty by a legal representative of Elmer & Zweifel, a senior employee or vicarious agent;
- 2.3. for damages based on the intentional or negligent breach of essential contractual obligations (cardinal obligations) by Elmer & Zweifel, a legal representative of Elmer & Zweifel, a senior employee or vicarious agent. Essential contractual obligations (cardinal obligations) are obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the purchaser regularly relies;
- 2.4. for damages that fall within the scope of protection of a guarantee or assurance expressly given by Elmer & Zweifel.
In the event of a simple negligent breach of a material contractual obligation, Elmer & Zweifel's liability shall be limited to the amount of damage typically expected and foreseeable at the time of conclusion of the contract, assuming Elmer & Zweifel exercised due care. This does not apply to damage resulting from injury to life, limb or health.
Claims for damages by the customer in the event of a simple negligent breach of a material contractual obligation shall become time-barred one year after the start of the statutory limitation period. This does not apply to damages resulting from injury to life, limb or health.
Claims for damages by Elmer & Zweifel arising from mandatory statutory liability, for example under the Product Liability Act, remain unaffected by the above provisions and shall exist to the extent permitted by law within the statutory limitation periods.
§ 9 Applicable law
German law applies. Insofar as mandatory consumer protection regulations in individual countries stipulate otherwise, these regulations shall take precedence.
§ 10 Severability clause
If one or more provisions of these General Terms and Conditions are or become invalid in whole or in part, or if these General Terms and Conditions contain a loophole, this shall not affect the validity of the remaining provisions.