Terms and Conditions for a cuckoo moment… – a mail order company
1 Scope of application
2 Legal notice regarding right of cancellation
Right of cancellation
a cuckoo moment…
Fax: +49 (0) 211 / 30 197 586
Consequences of cancellation:
If the agreement is effectively cancelled, both parties are to return the contractual performance each has respectively received and each must hand over to the other any benefits accrued (e.g. interest). If you are unable to return deliveries received from us or can only return the delivery partially or in a deteriorated condition, you will be liable to repay the reduction in value. This does not apply where goods are handed over and the depreciation in the value of the goods is wholly due to the examination of these said goods – as would be possible in a shop, for example. You are not required to compensate the loss in value due to deterioration caused through the intended use of the article.
The following applies for customers in Germany and Austria:
Goods consignable by package are to be returned at our risk. You will bear the costs of the return consignment if the delivered goods conformed to the order and the price of the goods to be returned does not exceed 40 Euro or if – where the price of the goods exceeds this amount – you have not yet paid the contractual price or a part payment in respect thereof at the time of the cancellation. Otherwise the return consignment can be made at no charge to you. Goods that are not consignable in package form will be collected from your address. Obligations in respect of reimbursement of payments must be fulfilled within 30 days. The period begins to run for you with the dispatch of your cancellation notice or the return consignment of the goods. The period relevant for us begins with the receipt of same.
Return deliveries from abroad (excluding Austria) are only free-of-charge in the event that goods are being exchanged.
End of the legal instruction on cancellation
3 Cost allocation agreement
In the event that you exercise your right of cancellation, you will bear the regular costs of the return consignment where the delivered goods conformed to the order.
4 Offer and conclusion of contract
(2) By clicking the Order button, you are submitting a binding order for the goods listed on the order page. You place the order by entering all details required during the order process and then, in the Order summary page, by finally clicking on the Order button to send the order form to us.
(3) You will receive an email confirming that we have received your order. However, the agreement is only formed once the confirmation of order is sent to you by email.
5 Storage of contract text
6 Prices and shipping costs
(2) In addition to the listed price, we also charge € 7.00 (excl. VAT) per order for delivery within Germany. Deliveries to Austria and Benelux are subject to a charge of € 15.00 (excl. VAT) per order. For Italy, Poland, Czech Republic, France, UK and Denmark we charge 20,00 € (excl. VAT) per order. Spain and Sweden € 25.00 (excl. VAT) per order. Switzerland and all other countries as agreed with UPS or FedEx.
(2) In the event that we state the delivery periods and these delivery periods form the basis upon which the order is placed, these delivery periods will be extended in the event of industrial action and force majeure, the extension being equal to the time of the delay caused. The same applies in the event that you fail to satisfy any duties of cooperation.
(3) We are entitled to cancel the agreement if the order item is not available. We will contact you promptly in such an event to suggest, where appropriate, the delivery of an equivalent item. If no comparable item is available or if you do not want to receive a comparable item, we will promptly return to you any counter-performance (purchase price) already paid.
(4) If three attempts are made to deliver the goods without success, we may cancel the agreement. We will promptly reimburse to you any payments already made, less the costs incurred for the shipment.
(4) You only may exercise a right of retention with respect to claims arising from the same contractual arrangement.
9 Retention of Title
(2) With respect to the delivery of new goods, claims in respect of defects are limited to a period of two years, starting from the time that risk passes. This does not apply in the case of compensation claims asserted in respect of faults. Compensation claims in respect of faults are governed by the provisions contained in Paragraph 11.
(3) We do not extend any legally binding warranties to the customer.
(4) We point out that the colours and quality of the goods as depicted on our website may deviate from actual colours and quality. It is possible that your computer system presents colours that deviate from the actual colours, and we have no influence over this discrepancy. Such discrepancies are not to be regarded as faults.
11 Liability for damage
(2) The aforementioned exclusion of liability likewise applies with regard to slightly negligent breaches of duties on the part of our vicarious agents.
(3) In the event that liability for damage is not excluded with respect to slight negligence, and does not concern death or personal injury suffered by the customer, such claims are subject to a limitation period of one year starting from the time that the claim is established.
(2) If you are dealing commercially, or are a public law corporation or a public law special fund, the court with jurisdiction to hear matters regarding this agreement will be that court with jurisdiction for our registered address.