Scope of Application
The following General Terms and Conditions (GTCs), as amended and valid at the time of the order, shall apply exclusively to the business relationship concluded between COOLkombinat (Philipp Vacano) and the customer. Differing conditions, modifications, or additions to the contract shall only be effective after their written confirmation by Philipp Vacano. Should an individual provision of the following GTCs become ineffective, the validity of the other provisions shall remain unaffected.
The product range is aimed exclusively at commercial customers with a German billing and delivery address.
We also deliver to many EU countries, Switzerland, and Liechtenstein.
All offers by COOLkombinat are non-binding and subject to alteration regarding the availability of the products.
Conclusion of contract
The contract language is German.
The presentation of the products in the online shop does not represent a legally binding offer, but rather a non-binding online catalogue. By clicking on the “Submit order” button, you will place a binding order for the goods in the shopping cart. The confirmation of order receipt shall be sent together with the order acceptance via an automated e-mail, immediately after placing the order. The purchase contract is concluded through this e-mail confirmation. We confirm order receipt from our side by sending an e-mail to the e-mail address provided by you on the order form. This e-mail contains a short overview of the products ordered, their individual and overall costs, any applicable shipping costs, and the overall order amount.
We reserve the right to reject orders; we will immediately inform you of our decision to exercise this right.
The prices quoted on our website and in the online shop are in euro (EUR or €), exclusive of the statutory VAT (19%) and exclusive of packaging and shipping costs, ex stock Stuttgart.
The offer is non-binding. Typing and printing errors, as well as miscalculations and extraordinary price changes, are reserved.
The goods are generally delivered after account settlement through PayPal, direct debit, or credit card payment or payment in advance. We offer a 2% discount in the case of “payment in advance”. Payment in cash is possible when picking up the goods in Stuttgart, for a 3% discount. No obligation exists for delivery against invoice.
We offer delivery against invoice to our regular customers; in this case, the invoice amount(s) shall be settled within ten (10) days of receipt of the goods, without deductions. In case of payment default, the purchaser is obligated to pay default interests to the amount of 8% above the base rate annually. COOLkombinat additionally reserves the right to withhold delivery of items from other orders—to an appropriate degree and scope—and only fulfil orders against advance payment, without notice.
Delivery will be made following receipt of payment. Partial deliveries are possible and will be agreed separately.
Delivery shall take place as fast as possible, with standard delivery times of 3–4 working days from receipt of payment. Any specifications provided for delivery times are non-binding, as we cannot guarantee any delivery times of the transport companies. We reserve the right to select the type of shipment and means of transport. Please inform us of your desire to have the invoice sent to an address other than the delivery address when placing your order.
The purchaser shall inform the transport company and COOLkombinat of any transport damages immediately on receipt of the goods. Obvious defects must be recorded on the delivery note when receiving the goods.
You can inform us of said defects via telephone (+49 (0) 711-66480300) or e-mail (email@example.com).
We only accept returns of goods if they are made in full and in the original packaging.
Information on any additional shipping costs can be found under order and shipping information. We draft an individual shipping cost quotation for larger orders. The customer shall bear the costs for deliveries to countries that are not listed.
Retention of title
Goods delivered to the seller shall remain the property of COOLkombinat until the purchase price has been settled in full and all claims arising from the transaction have been met.
If the customer is in default of payment or is liable for failing to meet other essential contractual obligations, COOLkombinat is entitled to withdraw from the contract subject to the regulations in §§ 323, 440 BGB [German Civil Code] and to claim the surrender of the goods subject to retention or, where appropriate, demand the customer’s claims of possession against third parties.
Offsetting and withholding
The customer shall only have the right to offset after the legally binding determination of their counterclaims, or if these counterclaims are undisputed by COOLkombinat. Moreover, they are only entitled to exert the right of retention if their counterclaim results from the same contractual relationship.
Right of revocation and revocation instructions
You have the right to withdraw from the purchase contract within 14 calendar days of receipt of the delivery and without providing reason. The exercise of this right must be made in writing, via e-mail, or by returning the goods. To comply with the notice period, timely dispatch of the goods or notification of the intention to return the goods is sufficient.
The right of revocation shall not apply to goods that have already been used, unless the deterioration of the goods is the sole result of their inspection, as is possible in a retail outlet for example.
The customer shall bear the costs for returns within the 14-day notice period.
The notification of revocation shall be sent in writing to:
Philipp Vacano, COOLkombinat
We shall reimburse you within 30 days of receiving your notification of revocation and the goods in our warehouse for any payments made. Philipp Vacano reserves the right to lower the reimbursement amount in case of damage to the packaging or depreciation due to use.
The right of revocation shall not apply to goods that serve your commercial or independent professional purposes.
Swiss law does not currently provide any right of revocation for online trade. However, we still offer a 14-day right of revocation with the following limitations: the costs incurred by returning the goods shall be borne by the customer; The reimbursement amount shall be limited to the purchase amount (without shipping costs).
If there is a defect in the purchased goods, the legal warranty regulations shall apply*.
COOLkombinat offers a warranty of 24-months from delivery on defects that are the result of production or material flaws. For used equipment and showroom models, the warranty period is limited to one year from delivery.
The correction of defects, necessary spare parts, as well as replacement delivery (if necessary) are free of charge. The rejected goods shall be sent to the seller in the original packaging if available, or in alternative, suitable packaging.
*“Under the obligation to remind the consumer of the legal guarantee, the seller should specify that, under EU law, he is liable for any lack of conformity that becomes apparent within a minimum of two years from delivery of the goods and that national laws may give the consumer additional rights.”
COOLkombinat assumes no liability for cases of improper use, excessive wear, incorrect assembly, use of unsuitable operating supplies and materials (electricity, detergents, etc.) by the buyer or third parties. Furthermore, COOLkombinat assumes no liability for damages that arise from the use of the delivered object; we are especially not liable for any loss of profit or other financial losses of the customer.
The warranty does not apply to normal wear and tear or consumable parts. Defects that are obvious on delivery shall be reported immediately after receipt; if no notification of this defect is given, the goods shall be considered accepted without fault (refer also to the sections on delivery conditions / transport damages).
If the Internet offering includes the possibility to provide personal or commercial data (e-mail addresses, names, postal addresses), these data are provided by the user on an expressly voluntary basis.
The customer consents that COOLkombinat collects, stores, and processes personal data in connection with their order. The order data can be printed immediately after placing the order. Registered users can access these data again at a later time. The customer’s personal data may be, to the extent necessary, forwarded to the transport company or credit institutions responsible for processing the data. In no way shall data be made available to other third parties.
Place of fulfilment and jurisdiction
The legal relationships between COOLkombinat (Philipp Vacano) and the customer are solely subject to the laws of the Federal Republic of Germany. The Uniform Law on the International Sale of Goods shall not apply. The place of jurisdiction and fulfilment for all claims and disputes arising from the contract shall be Stuttgart, Germany.