General terms and conditions for the online store at www.cocoon.net

§ 1 General

(1) These terms and conditions apply to all contracts, deliveries and other services from Cocoon Music Event GmbH, Hanauer Landstrasse, 196 , 60314 Frankfurt am Main, (hereafter: "seller") concerning the online store www.cocoon.net/shop and all sub-domains belonging to the domain. Differing specifications from the customer do not apply unless the seller confirms as such in writing. Individual agreements between the seller and the customers always take priority. 

 

(2) The terms and conditions between the seller and the customers are subject to the law of the Federal Republic of Germany. For consumers, this choice of law only applies insofar as consumers are not deprived of the guaranteed protection provided by obligatory legal provisions of the state in which the consumer has his ordinary residence. The UN Convention of the International Sale of Goods does not apply. 

 

(3) The language of the contract is German.

 

(4) The place of jurisdiction is Frankfurt, provided that the customer is a trader or a body corporate organised under public law or separate assets under public law. The same applies if a customer has no general jurisdiction in Germany or the domicile or ordinary residence at the time the claim is raised are not known.

 

(5) The commercial resale of goods is forbidden. 

 

 

§ 2 Subject matter of contract and conclusion of contract 

(1) The seller offers the customer new goods to purchase at the online store www.cocoon.net/shop.

 

(2) In order to make purchases using our website, you must register as a customer with us. You can register by clicking the “LOGIN” and “Register” buttons. We will save your personal information and use this only to process your orders. For more detail please see our data privacy statement. 

 

(3) When purchasing at the online store, a contract of sale is concluded when the seller takes an order from the customer. Prices marked on the online shop do not constitute an offer in the legal sense. The customer will receive confirmation of the receipt and the taking of the order by email. 

 

 

§ 3 Prices, shipping costs, VAT and payment 

(1) For orders from the online store, the prices listed there apply, plus VAT. 

 

(2) The prices do not include shipping and packaging costs, which the customer shall be informed about before being charged for the order and can be viewed here: LINK

The amount of the shipping costs depends on the weight and the dimensions of the goods as well as the requested destination. 

 

(3) Delivery is made by the seller to the customer once payment is made through one of the following methods, as chosen by the customer: PayPal, credit card or Giropay.

If payment is made by credit card, PayPal and / or Giropay, the end user concludes a contract with the seller.

 

(4) If a customer defaults on its payment obligations, the seller can claim compensation for damages under the statutory provisions and / or rescind the contract. 

 

(5) The seller will always issue the customer with an invoice which shall be handed over upon delivery of the goods or received otherwise in text form.

 

 

§ 4 Delivery and transfer of risk 

(1) The ordered goods shall be delivered to the address submitted by the customer, provided that nothing different is agreed contractually. The delivery will be made from the seller’s storage. 

 

(2) The availability of individual goods is stated in the item descriptions. Goods available at storage will be dispatched by the seller within 5 working days after conclusion of the contract, provided that nothing else is expressly agreed. If the goods are marked as not in stock when sold through the online store, the seller endeavours to deliver the goods as quickly as possible. Statements made by the seller regarding the date of delivery are not binding, provided that the delivery date was not exceptionally agreed as binding by the seller. 

 

(3) The seller reserves the right to make a part delivery, provided that this appears advantageous for efficiently processing the order and the part delivery is not exceptionally unreasonable for the customer. The customer will not be charged for additional expenses incurred by part deliveries. 

 

(4) The seller reserves the right to release itself from the duty to fulfil the contract if the goods are to be delivered by a supplier on the day of dispatch and the delivery does not take place in whole or in part. This reservation of delivery therefore only applies if the seller is not responsible for the delivery not taking place. The seller is not responsible for the delivery not taking place, insofar as a so-called congruent covering transaction was concluded in good time with the supplier to fulfil the contractual obligations. If the goods are not delivered, the seller shall inform the customer about this fact and refund the purchase price as well as shipping costs already paid. 

The risk of accidental loss and accidental deterioration of the goods transfers when they are handed over to the customer. If the customer is a company, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay transfers, in the case of delivery by carrier, with the delivery of the goods to the carrier, the freight contractor or another person appointed to deliver.

 

 

§ 5 Reservation of title

The delivered goods remain the property of the seller until all claims arising from the contract are fulfilled; if the customer is a body corporate organised under public law or separate assets under public law or a company carrying out its commercial or independent professional activity, it is also to settle claims from the current business relationship until all claims which the seller is entitled to in connection with the contract are settled. 

 

 

§ 6 Offsetting, right of retention

(1) The customer only has the right to offset if its counterclaims are acknowledged by the seller or established legally as final and absolute.

 

(2) The customer is only authorised to exercise a right of retention insofar as its counterclaim is based on the same contractual relationship

 

 

§ 7 Liability for material defects and defects of title

(1) If defects exist, the customer is entitled to statutory warranty rights as stipulated in the following provisions. 

If only traders are involved in the contract, §§ 377 ff. HGB (German Commercial Code) apply in addition. 

 

(2) Damages which are brought about through the customer’s improper actions in assembling, attaching, servicing or storing the goods provide no grounds for claims under warranty against the seller. 

The customer can find information on proper usage in the manufacturer’s instructions. 

 

(3) Customers are to report defects to the seller within a warranty period of two years for new goods or one year for used goods. 

If the customer is a company, the warranty period is one year for new goods. There is no warranty for used goods for companies. 

The above limitations on liability do not apply if the seller fraudulently concealed a defect or undertook a guarantee of the properties and condition of the goods. The above limitations on liability also do not apply for claims for compensation for damages by the customer which seek compensation for injury to body or health caused by a defect for which the seller is responsible or which are underpinned by the intentional or grossly negligent fault of the seller or persons assisting in the performance of its obligations. 

The above reductions do not apply to defects in a structure or a thing which was applied to a structure in a manner corresponding to its normal manner of use and caused its defectiveness. The above reductions also do not apply insofar as the seller fraudulently concealed a defect or undertook a guarantee of the properties and conditions of the goods and do not apply for claims for compensation for damages by the customer which seek compensation for injury to body or health caused by a defect for which the seller is responsible or which are underpinned by the intentional or grossly negligent fault of the seller or persons assisting in the performance of its obligations. 

 

(4) If defects exist and were claimed in good time, the seller is authorised to cure the defects. If the cure fails, the customer is authorised to reduce the sale price or to rescind the contract. Furthermore, the statutory provisions apply.

 

 

§ 8 Obligation to inform about damage in transit

If goods are delivered with obvious damage to the packaging or the contents, the customer should complain about this immediately to the carrier/freighter, without prejudice to its rights under guarantee (§ 7) and immediately get in contact with the seller by email or another way (fax/post), so that these rights can be protected when dealing with the carrier/freighter. 

 

 

§ 9 Exclusion of liability 

(1) Except for liability for material defects and defects in title, the seller has unlimited liability insofar as the cause of the damage is based on intent or gross negligence. It is also liable for negligent breaches of material duties (duties, the breach of which endangers the achievement of the contract aim) as well as for the breach of cardinal duties (duties, the fulfilment of which is not made possible at all until the contract is properly carried out and the customer constantly relies on their being adhered to), but in each case only for foreseeable damages typical to the contract. The seller is not liable for negligent breaches other than breaches of the above duties.

 

(2) The restrictions on liability in the above paragraph do not apply to injury to life, body and health, for a defect following the acceptance of a guarantee of the property and conditions of the product and for fraudulently concealed defects. Liability under the “Produkthaftungsgesetz” (the German law of product liability) remains unaffected. 

 

(3) If the seller’s liability is excluded or limited, this also applies for the personal liability of its personnel, representatives and persons assisting in the performance of its obligations.

 

 

§ 10 Data protection

(1) The customer knows and agrees that personal information required by the seller to process the order shall be saved on data carriers. The customer expressly agrees to the collection, processing and use of its personal information. The saved personal information shall of course be treated by the seller with confidentiality. The collecting, processing and use of the customer’s personal information will be done taking into account the “Bundesdatenschutzgesetz” (BDSG) (the German federal law on data protection) and the “Telemediengesetz” (TMG) (the German law on broadcast media). The customer has the right to revoke its agreement at any time with future effect. The seller is in this case obligated to delete the customer’s personal information immediately. For current order transactions, deletion will occur after the transaction is concluded. For more detail, please see our data privacy statement.

 

§ 11 Appellant Procedure

The European Commission offers an online platform for settlement of disputes at  http://ec.europa.eu/consumers/odr/. Please contact us directly for questions and issues.

 

 

Instructions on cancellation

(1) Right to cancel

You can revoke your declaration of agreement within 14 days without providing reasons in text form (e.g. letter, fax, e-mail) or – if the thing is delivered to you before the deadline – also by returning the thing.
The period begins after receipt of these instructions in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before the receipt of the first part delivery) (X) and also not before our duties to inform according to Article 246 § 2 in connection with § 1 paragraphs 1 and 2 EGBGB [Introductory Law to the German Civil Code] as well as our obligations under § 312g paragraph 1 sentence 1 BGB [German Civil Code] in connection with Article 246 § 3 EGBGB.

In order to adhere to the cancellation period, it is sufficient to send the cancellation or the thing on time.

 

Cancellation by means of returning the goods is to be sent to:

Cocoon Music Event GmbH
Hanauer Landstrasse, 134
60314, Frankfurt am Main
Email: shop@cocoon.net

(2) Consequences of cancellation

In the case of an effective cancellation, the benefits received by both sides are to be returned and, if necessary, advantages gained (e.g. interest) are also to be returned. If you cannot return or release the benefit as well as uses (e.g. use and enjoyment) received, or can only return these in part, or only in an impaired condition, you must in this respect provide (X) compensation for lost value.
This can lead to the situation where you must nevertheless fulfil the contractual payment conditions for the period up to the cancellation. For the deterioration in value of the thing and for uses drawn, you must only compensate value insofar as the uses or the deterioration in value are attributed to contact with the thing which goes beyond testing the qualities and functionality. “Testing the qualities and functionality” means testing and sampling the particular goods as is possible and common in the retail shop.
Things eligible for shipping are to be returned at our risk. You are to carry the routine costs of return if the delivered goods are what was ordered and if the price of the thing to be returned does not exceed 40 Euro, or if, in the case of the price of the thing being higher at the time of the cancellation, you have not yet provided the consideration or made a contractually agreed part payment. Otherwise the return does not cost you anything. Things that are not eligible for shipping shall be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your statement cancelling the contract or the thing and begins for us with its receipt.

Special note:

In the case of performance of a service, your right of cancellation lapses ahead of time if the contract between you and Cocoon is completely fulfilled at your express request before you have exercised your right of cancellation. There is no right of cancellation if you download a music recording which you purchased from the Cocoon MP3 store.

 

End of instructions on cancellation

 

Exclusion of cancellation
The right to cancel does not apply to distance selling contracts.
- for the delivery of goods which shall be produced according to customer specifications or are clearly tailored to personal requirements or are not suitable to return because of their composition or can deteriorate quickly or their expiry date would be exceeded,
- for the delivery of audio or video recordings or of software, provided that the data carriers delivered have been unsealed by the consumer.