General Terms and Conditions with Information

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Reservation of Title
7. Liability for Defects (Warranty)
8. Special Conditions for the Processing of Goods according to Customer Specifications
9. Applicable Law
10. Jurisdiction
11. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of COCOBEE (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer's own conditions is objected to, unless otherwise agreed.

1.2 For the purposes of these GTC, a consumer is any natural person who concludes a legal transaction for purposes that predominantly are outside their trade, business, or profession. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity, who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop.

In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

Furthermore, the Customer can also submit the offer to the Seller by telephone, email, or via an online contact form.

2.3 The Seller can accept the Customer's offer within 7 days,
• by sending the customer a written order confirmation or an order confirmation in text form (e-mail), in which case the receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
• by asking the customer for payment after placing their order. If several of the aforementioned alternatives occur, the contract is concluded at the moment when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the seventh day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 When submitting an offer via the seller's online order form, the text of the contract is stored by the seller after the conclusion of the contract and sent to the customer in text form (e.g., e-mail, telephone, letter) after the customer's order has been sent. The seller does not make the text of the contract available beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be
retrieved by the customer via his password-protected user account, specifying the corresponding login data, free of charge.

2.5 Order processing and contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, the customer must ensure that all e-mails sent by the seller or by third parties commissioned with the order processing can be delivered with the use of SPAM filters.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 More detailed information on the right of withdrawal can be found in the seller's withdrawal instruction.

3.3 The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address at the time of the conclusion of the contract are outside the European Union.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the product description of the seller, the prices indicated are prices including VAT. Any additional delivery and shipping costs that may arise are separately indicated in the respective product description.

4.2 For deliveries to countries outside the European Union, further costs may arise in individual cases which the seller is not responsible for and which must be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the Seller's online shop.

4.4 If advance payment by bank transfer is agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.

5) Delivery and Shipping Conditions

5.1 Delivery of goods is made via shipping to the delivery address specified by the customer, unless otherwise agreed. The delivery address stated in the Seller's order processing is decisive for the transaction.

5.2 For goods delivered by a forwarding agency, delivery is made "free kerbside," i.e., up to the public kerbside closest to the delivery address, unless otherwise stated in the shipping information in the Seller's online shop and unless otherwise agreed.

5.3 If the delivery of the goods fails for reasons attributable to the customer, the customer bears the reasonable costs incurred by the seller as a result. This does not apply with respect to the costs for the outbound shipment if the customer effectively exercises his right of withdrawal. The regulation made in the seller's withdrawal instruction applies to the costs of return shipment if the customer effectively exercises his right of withdrawal.

6) Reservation of Title

6.1 If the seller makes an advance payment, he reserves the right to retain ownership of the delivered goods until the owed purchase price is paid in full.

7) Liability for Defects (Warranty)

7.1 If the customer acts as a consumer, they are requested to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller of this. If the customer fails to do so, this has no effect on his statutory or contractual claims for defects.

8) Applicable Law

8.1 Austrian law applies to all legal relationships between the parties.

8.2 Furthermore, this choice of law concerning the statutory right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time of the conclusion of the contract

and whose sole residence and delivery address at the time of the conclusion of the contract are outside the European Union.

9) Jurisdiction
The business location of the seller is the exclusive place of jurisdiction for all disputes arising from this contract.