General terms and conditions

of pervormance international GmbH, Mühlsteige 13, 89075 Ulm

1. Scope

The following Terms and Conditions apply to all orders placed via our online shop.

These Terms also apply to businesses for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business.

2. Contractual partner, formation of contract

The contract is concluded with pervormance international GmbH.

The presentation of the products in the online shop and in brochures is not a legally binding offer, but a non-binding offer. In our online-shop you may first place our products in the shopping basket without obligation and amend your entries at any time before sending your binding order, by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in the shopping basket. Once you have sent your order you will immediately receive a confirmation via e-mail.

Alternatively, you can also place your order by email.
We are bound to specially prepared offers for 30 calendar days. Orders require our confirmation to be legally effective, either in writing, by email or by delivery. The e-mail sent automatically after receipt of the order about the receipt of the order is not to be understood as an order confirmation in the aforementioned sense.
All agreements deviating from the offer, which are made between us and the customer for the purpose of executing this contract, must be set down in writing.

When the contract is concluded with us depends on the payment method you have selected:

Invoice (business customers)

We accept your order by sending a declaration of acceptance in a separate email or by delivering the goods within two days.

SEPA direct debit

We accept your order by sending a declaration of acceptance in a separate email or by delivering the goods within two days.

Payment in advance

We accept your order by sending a declaration of acceptance in a separate email within two days, in which we give you our bank details.

Credit card

We accept your order by sending a declaration of acceptance in a separate email or by delivering the goods within two days.

PayPal

In the ordering process, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After placing the order in the shop, we ask PayPal to initiate the payment transaction and thereby accept your offer.

Paydirekt

After placing the order, you will be redirected to the website of the online provider paydirekt, where you can confirm the payment instruction to paydirekt. After placing the order, we ask paydirekt to initiate the payment transaction and thereby accept your offer.

Instant bank transfer

After placing the order, you will be redirected to the website of the online provider SOFORT GMBH (part of the Klarna Group since 2014), where you can confirm the payment instruction by entering your online banking data. This data is transmitted to your bank in encrypted form. You confirm your transfer, as usual, by entering a TAN. After placing the order, we ask SOFORT GmbH to initiate the payment transaction and thereby accept your offer. You can find more information about the Sofortüberweisung payment procedure here: https://www.klarna.com/sofort/

Amazon Pay

In the ordering process, you will be redirected to the website of the online provider Amazon before completing the ordering process in our online shop. There you can choose the delivery address and payment method saved at Amazon and confirm the payment instruction to Amazon. You will then be redirected to our online shop, where you can complete the ordering process. After placing the order, we ask Amazon to initiate the payment transaction and thereby accept your offer.

3. Contract language, saving of the contract text

The languages available for contract formation are German and English.

We save the text of the contract and forward the order data and our Terms and Conditions to you on a durable medium. You may also view the text of the contract in our customer login area.

4. Delivery conditions

Delivery costs are added to the product prices as displayed. Delivery charges are explained within individual product offers.

5. Payment

The following payment methods are basically available in our online shop.

Advance payment
If you select advance payment we provide you with our bank details in a separate e-mail and deliver the goods on receipt of funds.

Credit Card
With the submission of the order, you provide your credit card details. After your identification as the legal cardholder, directly after the formation of the contract, the payment transaction is automatically carried out and charged to your card.

SEPA direct debit
With the placement of the order, you are granting us a direct debit mandate. We will inform you separately about the date of debiting the account in an advance notification (pre-notification). With the submission of the direct debit, we request our bank to initiate the payment transaction. The payment transaction is automatically carried out and your account is debited.Debiting the account takes place prior to shipping the goods.The time limit for pre-notification regarding the date for debiting the account (pre-notification period), is 1 days.

PayPal
During the ordering process you will be forwarded to PayPal's online website. To pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. After submitting your order in the shop we instruct PayPal to initiate the payment transaction.Directly afterwards, the payment transaction is carried out automatically by PayPal. You will receive additional information during the ordering process.

Paydirekt
After submitting your order, you will be forwarded to the online Paydirekt website. In order to pay the invoice amount via Paydirekt, you must have an online banking account that is activated for participation in Paydirekt, be registered there or register yourself first, identify yourself with your access data and confirm the payment instructions to us.Directly after the order, we request Paydirekt to initiate the payment transaction. The payment transaction is carried out automatically by Paydirekt. You will receive additional information during the ordering process.

Amazon Pay
During the ordering process you will be forwarded to the online provider Amazon's website before completing the ordering process in our online shop. In order to process the ordering process via Amazon and pay the invoice amount, you must be registered there or register first and identify yourself with your access data. There, you may confirm the delivery address and payment method stored with Amazon and confirm the use of your data by Amazon and the payment instructions to us. After this, you will be returned to our online shop, where you may complete the ordering process.Directly after the order, we request Amazon to initiate the payment transaction. The payment transaction is carried out automatically by Amazon. You will receive additional information during the ordering process.

Invoice (business customers)
We currently only offer purchase on account (via online-shop) for our business customers and not for our private customers.

You pay the invoice amount by bank transfer to our bank account after receiving the invoice.

Sofortüberweisung
After placing the order, you will be redirected to the website of Sofort GmbH (part of the Klarna Group since 2014). You can pay there with your online banking data. For this purpose, your data will be encrypted and transferred to your bank. You confirm by entering a TAN. Immediately after placing the order, we request Sofort GmbH to initiate the payment transaction. The payment transaction is carried out automatically by Sofort GmbH. You'll get more information during the ordering process.

6. Right to cancel

Consumers are entitled to the statutory right to cancel, as described in the instructions on the right to cancel. Businesses are not granted any voluntary right to cancel.

7. Retention of title

The goods shall remain our property until full payment is made.
For businesses, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations.

8. Damage during delivery

For consumer the following applies: If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.

Applicable to businesses: The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment. "Kaufleute" as defined by the German Commercial Code (HGB) are subject to the inspection and notification requirements set out in § 377 HGB: The purchaser must examine the goods immediately after their delivery by the vendor, as far as this is practicable in the ordinary course of business, and upon the discovery of any defect must immediately give notice thereof to the vendor. Should you fail to comply with the instructions set out therein; the goods will be deemed to have been approved unless the defect was not detectable on inspection. This shall not apply if a given defect has been concealed by us deceitfully.

9. Warranty and guarantees

We are under a legal duty to supply products that are in conformity with this contract.
For consumers, statutory warranty rights governed by the law of the country where the consumer has his habitual residence apply. Information on any additional guarantees and their precise conditions that may apply can be found next to the product and on specific information pages in the shop, if applicable. Complaints can be submitted by consumers and businesses to our contact details given in the supplier identification.

When you exercise your warranty rights and we deem it necessary to receive the goods back in order to examine your complaint, you must send back the goods at our cost to the address given above. We are committed to respond to any complaint immediately, but no later than within 14 days of its submission.

Please follow the instructions included with the product so that you can enjoy your purchased product for a long time. Improper handling can result in loss of function that is not a material defect within the meaning of §434 BGB. Our customer service will advise you free of charge on the correct handling of our products.

Customer service: You can reach our customer service for questions, complaints and complaints on weekdays from 08:30 to 16:30 clock under the telephone number +49 (0) 731 140 71 0 and by e-mail at info@e-cooline.de

10. Liability

We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents
• for injury to life, limb or health
• for deliberate or grossly negligent breach of duty
• for guarantee commitments, where agreed
• towards consumer.
Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.

11. Online dispute resolution

The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/. We are ready to participate in extra-judicial dispute settlement proceedings before a consumer dispute resolution body.The competent body in this matter is: Allgemeine Verbraucherschlichtungsstelle (from January 1st, 2020: Universalschlichtungstelle) des Zentrums für Schlichtung e.V., Straßburgerstraße 8, 77694 Kehl am Rhein, Germany, https://www.verbraucher-schlichter.de.

12. Final provisions

If you are a business, German law applies, to the exclusion of the UN Sales Convention.

If you are a "Kaufmann" within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.

AGB erstellt mit dem Trusted Shops Rechtstexter in Kooperation mit Wilde Beuger Solmecke Rechtsanwälte.

Date: 06.04.2020

Your

Pervormance International GmbH

Alternative dispute resolution pursuant to Art. 14 para. 1 ODR -VO and § 36 VSBG:

The European Commission provides a platform for online dispute resolution (OS) available at http://ec.europa.eu/consumers/odr/. We are ready to participate in an out-of-court dispute resolution.

Responsible is the General Consumer Arbitration Center of the Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de.