Terms of service
OVERVIEW
This website is operated by Cumoli. Throughout the site, the terms “we”, “us” and “our” refer to Cumoli. Cumoli offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy: [LINK TO REFUND POLICY]
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Cumoli, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Cumoli and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Germany.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@cumoli.com.
Our contact information is posted below:
Cumoli Winter & van Dieken GbR
info@cumoli.com
Waldstraße 40, 69245 Bammental
+49 162 5634408
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER] OVERVIEW
This website is operated by Cumoli. Throughout the site, the terms “we”, “us” and “our” refer to Cumoli. Cumoli offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
§ 2 CONCLUSION OF CONTRACT
The presentation of the products in our online store is not a legally binding offer, but an invitation to order (invitatio ad offerendum).
To place an order, you must be at least 18 years old. You can select the products in our online store for purchase by first placing them in the shopping cart without obligation by clicking on the corresponding button. If you want to complete the order, go to the shopping cart, where you will be guided through the rest of the ordering process. After selecting the product in the shopping cart and entering all necessary order and address data in the following step, clicking the "Next" button will open a page on which the essential product details, including any costs incurred, are summarized once again. Up to this point, you can correct your information or withdraw from the contract. Only by clicking the "Pay now" button, a binding offer to conclude a contract with us is submitted.
We will then send you an order confirmation by e-mail, in which your order is listed again. The order confirmation represents the acceptance of the order, so that a contract is concluded upon receipt of the order confirmation by you.
The order processing and contacting usually takes place electronically via e-mail and automated order processing. You must ensure that the e-mail address you provide for order processing is free of errors so that the e-mails sent by us can be received at this address. In particular, when using "spam" filters, you must ensure that all e-mails sent by us or by third parties commissioned by us to process the order can be delivered.
§ 3 PRICES AND TERMS OF PAYMENT
For orders, the prices listed for the products at the time of the order apply. Unless otherwise stated in our product description, the prices quoted are total prices including the statutory value added tax. Any additional delivery and shipping costs will be listed and charged separately.
The full invoice amount of the order is always due immediately at the time of the conclusion of the contract.
For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which we are not responsible and which are to be borne by you. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees). Such costs may also arise in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but you make the payment from a country outside the EU. This does not apply to import duties such as taxes or customs duties.
You are entitled to offset only if your counterclaims are undisputed or legally binding. You are only entitled to assert rights of retention on the basis of counterclaims arising from the same contractual relationship.
§ 4 PAYMENT OPTIONS
The payment options will be communicated to you in our online store. The offer of the respective payment options may change under certain circumstances. As a rule, however, the following payment options are available to you:
CREDIT CARD (VISA, MASTERCARD, AMERICAN EXPRESS)
When you place your order, you also transmit your credit card data to us. After your legitimation as a legitimate cardholder, we will request the credit card company to initiate the payment transaction immediately after the order. The payment transaction is automatically carried out by the credit card company and charged to your card.
SOFORT
If you choose the payment method "SOFORT", the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", you must have an online banking account that has been activated for participation in "SOFORT", identify yourself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction will be carried out immediately afterwards by "SOFORT" and your bank account will be debited. You can find more information about the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/.
KLARNA
If you choose a payment method offered by the payment service "Klarna", the payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). More detailed information as well as the terms and conditions of Klarna in this regard can be found in our payment information, which can be viewed at the following Internet address: https://b2b.nayla.me/pages/zahlungen-via-klarnad.
SHOPIFY PAYMENTS
When selecting a payment method offered via the payment service "Shopify Payments", payment processing is carried out via the payment service provider Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter "Shopify"). The individual payment methods offered via Shopify will be communicated to you in our online store. To process payments, Shopify may use other payment services, for which special payment terms may apply, to which you may be informed separately. Further information on Shopify Payments is available on the Internet at https://www.shopify.de/payments.
APPLE PAY & GOOGLE PAY
When using Apple Pay, Google Pay or Amazon Pay, payment processing is carried out via the respective providers. You can find more information on the corresponding websites:
Apple Pay: https://www.apple.com/de/apple-pay/
Google Pay: https://pay.google.com/intl/de_de/about/
PREPAYMENT
If prepayment by bank transfer is agreed (only in exceptional cases), payment is due immediately upon receipt of the invoice, unless we have agreed with you a later due date. The bank details for a manual bank transfer are as follows:
Account holder:
IBAN:
BIC:
Bank:
If you select a payment method offered via the payment service "mollie", the payment will be processed via the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, The Netherlands (hereinafter: "mollie"). The individual payment methods offered via mollie will be communicated to the Customer in the Seller's online store. For the processing of payments, mollie may use other payment services, for which special payment conditions may apply, to which the Customer may be informed separately. Further information on "mollie" is available on the Internet at https://www.mollie.com/de/.
ALMA PAY
If a payment method offered via the payment service "Alma" is selected, the payment will be processed via the payment service provider Alma SAS with registered office at 176 Avenue Charles de Gaulle, 92200 Neuilly-sur-Seine (hereinafter: "Alma"). The individual payment methods offered via Alma will be communicated to the Customer in the Seller's online store. For the processing of payments, Alma may use other payment services, for which special payment conditions may apply, to which the customer may be informed separately. Further information on "Alma" is available on the Internet at https://almapay.com/de-DE.
PAYPAL
When paying via PayPal, the time of payment corresponds to the time of the order. If the payment service provider "PayPal" is used, the payment will be processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, available at www.paypal.com. This requires, among other things, that the customer opens a PayPal account or already has such an account.
§ 5 REDEMPTION OF PROMOTIONAL VOUCHERS
Vouchers that are issued by us free of charge within the scope of promotions with a certain period of validity and that cannot be purchased by you (hereinafter "promotion vouchers") can only be redeemed in our online store and only during the specified period.
Promotion vouchers can only be redeemed by you.
Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
Promotion vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
Only one promotional voucher can be redeemed per order.
The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by us.
If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by us can be chosen to settle the difference.
The credit of a promotional voucher is neither paid out in cash nor does it earn interest.
The promotion voucher will not be refunded if you return the product paid for in whole or in part with the promotion voucher within the scope of your statutory right of withdrawal as a consumer:in.
§ 6 REDEMPTION OF GIFT VOUCHERS
Vouchers that can be purchased through our online store (hereinafter "gift vouchers") can only be redeemed in our online store, unless otherwise stated in the voucher.
Gift Vouchers and remaining balances of Gift Vouchers are redeemable within three years. The period begins at the beginning of the following year after the gift certificate purchase.
Gift certificates can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
Only one gift certificate can be redeemed per order.
Gift certificates can only be used to purchase products and cannot be used to purchase additional gift certificates.
If the value of the gift certificate is not sufficient to cover the order, one of the other payment methods we offer may be chosen to pay the difference.
The balance of a gift voucher is neither paid out in cash nor does it earn interest. If you return the product paid for in whole or in part with the gift voucher under your statutory right of withdrawal as a consumer:in, you will receive back your gift voucher with the same credit as before.
§ 7 TERMS OF DELIVERY
The delivery time of the individual products is indicated on the respective product pages in our online store. The dates and deadlines stated there are generally non-binding, are to be understood as approximate deadlines and are subject to timely self-delivery, unless otherwise expressly agreed in writing.
The dispatch takes place within the delivery areas indicated by us. These are located in Germany, Austria and Switzerland. The delivery will be made to the delivery address specified by you. Unless otherwise agreed, the delivery address specified in the order processing is decisive. Excluded from this are packing stations.
If delivery or shipping costs are incurred, they will be listed and charged separately as described in § 3 para. 1.
We are entitled to partial deliveries and partial services. We shall bear any costs incurred in this connection.
If the delivery of the products fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply with regard to the costs for the delivery if you exercise your right of withdrawal as a consumer. If you as a consumer:in exercise your right of withdrawal after delivery of the products, you have to bear the cost of return shipping itself.
If the products are not available due to force majeure or product discontinuation or if we cannot procure the ordered products under reasonable conditions and if these circumstances occur after the conclusion of the contract and are not our responsibility, we shall be released from the obligation to deliver. Should events occur which make delivery considerably more difficult or impossible for us - for example pandemics, disrupted supply chains, strikes, lockouts, official orders or similar - we shall not be responsible for delays even in the case of bindingly agreed deadlines and dates.
It is not possible to pick up the products at our business location.
You are asked to check the received products for completeness within seven days. If any items from the order are missing, please notify us immediately. You will receive in this case a free subsequent delivery.
§ 8 TRANSPORT DAMAGE
If you are a consumer and you notice obvious transport damage when your products are delivered, we ask you to complain about such defects directly to the delivery person and to contact us quickly.
Failure to make this complaint or contact us will have no consequences for your legal claims and their enforcement, especially the warranty rights.
As an entrepreneur, you are obliged to properly fulfill the inspection and complaint obligations owed according to § 377 HGB (German Commercial Code).
§ 9 RETENTION OF TITLE AND RISK
Towards you as a consumer:in we reserve the ownership of the delivered products until full payment of the purchase price owed. Ownership is transferred to you as soon as the products are delivered to you. This also applies if a delivery permit has been given or the delivery is to be made to a third party named by you as the consumer. We assume no liability in case of unforeseeable loss.
In relation to you as a businessman:in, we retain ownership of the delivered products until full settlement of all claims arising from an ongoing business relationship. However, you are entitled to resell the products subject to retention of title in the ordinary course of business. In this case, you hereby assign to us all claims arising from such resale, irrespective of whether such resale takes place before or after any processing of the products delivered under retention of title. Notwithstanding our right to collect the claim ourselves, you shall remain authorized to collect the claim even after the assignment. In this context, we undertake not to collect the claim as long as and insofar as you meet your payment obligations, no application for the opening of insolvency or similar proceedings has been filed and there is no cessation of payments.
As soon as the products have been delivered to you or to another person named by you, the risk and responsibility for them lies exclusively with you.
§ 10 RIGHT OF WITHDRAWAL AND CANCELLATION POLICY
If you order from us as a consumer, you have a right of withdrawal in accordance with the statutory provisions.
If you, as a consumer, make use of your right of revocation according to clause 1, you have to bear the regular costs of the return.
In addition, the regulations apply to the right of withdrawal, which are reproduced in detail in the following
Cancellation policy
Right of withdrawal & voluntary right of return (satisfaction guarantee)
We grant you a voluntary 14-day right of return, without prejudice to your statutory rights.
In the case of a purchase contract from the day on which you or a third party named by you, who is not the carrier, has taken possession of the products.
In the case of a contract for several products ordered as part of a single order and delivered separately, from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last product.
To exercise the right of withdrawal, you as a consumer must:in us (Cumoli Winter & van Dieken GbR, Waldstraße 40, 69245 Bammental, info@cumoli.com) by means of a clear statement (e.g. a letter sent by mail, or e-mail) of the decision to revoke this contract. To comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you are a consumer:in the contract revoked, we have all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and no later than within fourteen days from the day on which the notification of revocation of the contract is received by us. For this repayment, the same means of payment that was used in the original transaction will be used, unless expressly agreed otherwise; In no case will fees be charged because of this repayment. We may refuse the repayment until we have received the products back.
As a consumer:in you have to return the products immediately and in any case no later than within fourteen days from the day on which you have informed us of the revocation of this contract to the following address
Cumoli Winter & van Dieken GbR
Waldstraße 40
69245 Bammental
Germany
to send back, or to hand over. The deadline is met if the products are sent before the expiry of the period of fourteen days.For any loss of value of the products you have to pay as a consumer:in only if this loss of value is due to a handling by you not necessary for the examination of the condition, characteristics and functioning of the products.According to § 7 para 4 sentence 3 you have to bear the costs for the return shipment yourself as a consumer:in, provided that you have made use of your right of withdrawal.
- End of the cancellation policy -
General information for the return shipment
Based on our satisfaction guarantee, you as a consumer:in have the right to return your order to us within 30 days of receipt or delivery.
The return shipment has to be made in the original packaging of the products including all accessories and all packaging components. If you are no longer in possession of the original packaging, the return shipment must be made in a protective outer packaging. For the exchange of the packaging we reserve the right to deduct 50 € from the refund amount.
If upon arrival of your return we find that the items are disproportionately worn, damaged or in an unacceptable condition, we reserve the right to make a deduction from the refund amount.
It may take up to 14 days for your return to be posted in our systems and for the refund to be made. Once the refund is processed, you will receive a notification.
The refund will be made to the payment method you originally used. The amount will usually be credited to your account within 10 days.
If your refund is still not received within 30 days, please contact us at the following email address: info@cumoli.com. Be sure to include proof of shipment and bank account information for the refund in your message.
Please note that the aforementioned points a-b are not a prerequisite for the effective exercise of the right of withdrawal.
Example template: Complaint about a refund that has not yet been received
Dear Cumoli Team,
I would like to inform you (NAME) that I have not yet received the money for the return of my order (ORDER NUMBER) sent on (DATE).
The shipment number of my return shipment is (SENDUNGSNUMMER). You can find the corresponding receipt in the attachment.
As a precaution, I hereby inform you of my IBAN for the refund (IBAN).
Thank you very much and best regards
(NAME]
§ 12 LEGAL LIABILITY FOR DEFECTS
As far as nothing else is determined in the following, the general legal regulations of the liability for defects are valid.
For consumers, the limitation period for statutory claims for defects is two years and begins with the delivery of the products.
For entrepreneurs, the limitation period for warranty claims for the delivered products - except in the case of claims for damages - is twelve months from receipt of the products.
If you are an entrepreneur, we can, in the case of a timely notification that the goods are defective, at our discretion, repair or replace the goods.
The warranty is excluded in case of defects caused by you. This is especially the case with improper handling, incorrect operation or unauthorized repair attempts.
The warranty period for used products is one year. Warranty claims therefore only exist for such defects that occur within one year after delivery of the products.
Any claims must be addressed directly to us. You are asked to use the claim form. Repairs that have already been carried out, including the replacement of spare parts, cannot be claimed retroactively.
As an entrepreneur:in you must properly fulfill all inspection and complaint obligations owed under § 377 HGB for any warranty rights.
§ 13 VOLUNTARY WARRANTY OF THE SUPPLIER
We grant you a voluntary vendor warranty.
The warranty conditions are also made available on the following website and can be permanently viewed by you there: www.sushi-bikes.com/pages/garantie.
In addition to the voluntary dealer warranty, the statutory warranty claims in accordance with § 12 of these terms and conditions remain unaffected.
§ 14 LIABILITY
We are liable without limitation if the cause of damage is based on an intentional or grossly negligent breach of duty by us or our legal representatives or agents.
Furthermore, we shall be liable for the slightly negligent breach of essential obligations. Essential obligations are obligations whose violation endangers the achievement of the purpose of the contract or whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance you regularly rely. In this case, however, we are only liable for the foreseeable, contract-typical damage. We are not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected.
Insofar as our liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. In this respect, we are not liable for the constant and uninterrupted availability of our online store.
§ 15 OUT-OF-COURT ONLINE DISPUTE RESOLUTION
The European Commission provides a platform for out-of-court online dispute resolution (OS), which you can find under the link to the platform of the European Commission: https://ec.europa.eu/consumers/odr/.
We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
§ 16 COPYRIGHTS
We have copyrights and/or rights of use to all images, films and texts published in our online store. A use of the images, movies and texts, is not permitted without our express consent.
§ 17 APPLICABLE LAW
All legal relations between you and us are governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
§ 18 FINAL PROVISIONS
We reserve the right to make changes to our website, rules, conditions including these GTC at any time.
If you violate these Terms and Conditions and we do nothing about it, we are still entitled to exercise our rights on any other occasion in which you violate these Terms and Conditions.
If any provision of these Terms and Conditions is found to be invalid, the validity of the remaining provisions shall not be affected thereby.