General Terms and Conditions

1. The offer is aimed exclusively at consumers within the meaning of Section 13 of the German Civil Code (BGB) who are not acting for purposes in connection with the exercise of commercial, industrial, craft or professional activities;
2. These General Terms and Conditions apply to the ordering of goods and services from the Coolblue range at www.coolblue.de
3. These General Terms and Conditions do not apply to the relationship between customers and third-party suppliers. In the case of orders from third-party suppliers, a contract is concluded directly between the customer and the third-party supplier under the terms and conditions applicable between them. Third-party offers are specifically marked on the offer page.

Coolblue GmbH Bonner Straße 203h 40589 Düsseldorf

Entered in the Commercial Register of the District Court of Düsseldorf under HRB 90144

Contactability:

• Monday to Friday from 08:00 to 23:59
• Saturday from 09:00 to 23:59
• Telephone number: (+49) 211 81973555
• Email address: kundendienst@coolblue.de

1. If an offer is valid for a limited period or is subject to certain conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is detailed enough so that the consumer can judge the offer well. If the contractor uses images, they are a true representation of the products, services and/or digital content offered. The contractor shall not be liable for obvious oversights or errors in the offer.
3. Each offer contains the information necessary to make it clear to the customer what rights and obligations are associated with accepting the offer.

• The customer places the selected products in the shopping cart. The customer can change the data and products entered at any time during the ordering process before a binding order is placed.
• A binding order by the customer for the products/services contained in the shopping basket is placed by clicking on the ‘Pay’ button.
• After submitting the order, the customer receives an automatically sent order confirmation. The order confirmation is not an acceptance of the customer’s offer of purchase. A contract is only concluded with the declaration of acceptance (in the form of an order confirmation or dispatch confirmation), which is sent in a separate email, at the latest when the goods are dispatched to the customer.
• If no declaration of acceptance is made by Coolblue within 30 days, the customer’s order has not been accepted. As long as the contractor has not confirmed receipt of the offer acceptance, the consumer can cancel the contract.
• Coolblue can ascertain - within the legal framework - whether the customer can meet their payment obligations, as well as all facts and factors that are important for a reasonable conclusion of the contract. If, on the basis of this examination, Coolblue has good reasons not to enter into the contract, Coolblue is entitled to refuse an order or enquiry, stating reasons, or to link it to the fulfilment of special conditions.

You have the right to cancel this contract within 30 days without giving any reason. The cancellation period is 30 days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods in the order. To exercise your right of cancellation, you must inform us

• Coolblue GmbH
• Bonner Straße 203h
• 40589 Düsseldorf
• Telephone number: (+49) 211 81973555
• Email address: kundendienst@coolblue.de

by means of a clear statement (e.g. by telephone, letter sent by post or email) of your decision to cancel this contract. You can use the attached cancellation form template, but this is not mandatory. To meet the cancellation deadline, you simply need to send your notification that you are exercising your right of cancellation before the cancellation period expires.

Consequences of cancellation

If you cancel this contract, we shall refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within 30 days from the day on which we receive notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. You must return the goods to

• Coolblue GmbH
• Am Westbahnhof 543
• 47798 Krefeld

or hand them over to us at any Coolblue branch in Germany immediately and in any case within 30 days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch or hand over the goods before the period of fourteen days has expired. We bear the costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

End of cancellation policy

The right of cancellation against Coolblue does not apply to the following contracts:

• (a) Contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
• (b) Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
• (c) Contracts for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature,
• (d) Contracts for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery,
• (e) Contracts for the supply of newspapers, periodicals or magazines with the exception of subscription contracts,
• (f) Contracts where the consumer has expressly requested that the contractor visit them to carry out urgent repair or maintenance work; This does not apply to other services provided during the visit that the consumer has not expressly requested, or to goods delivered during the visit that are not necessarily required as spare parts for maintenance or repairs.

In addition to the rights specified in this section, the customer also has the option of declaring and processing the cancellation of an order with Coolblue in person at any Coolblue branch in Germany within the cancellation period.

1. The prices offered are in euros including the applicable VAT.
2. During the period of validity indicated in the offer, the prices of the products and/or services offered will not be increased unless there are price changes due to changes in VAT rates.
3. Contrary to the previous paragraph, Coolblue may offer products or services whose prices are subject to fluctuations in the financial market over which the contractor has no influence, with variable prices. This variability and the fact that any prices quoted are indicative prices are mentioned in the offer.

1. The contractor is responsible for ensuring that the products and/or services are in conformity with the contract as well as the specifications mentioned in the offer, the reasonable requirements of suitability and/or usability and the legal provisions and/or official regulations existing on the day the contract is concluded.
2. An additional guarantee offered by the contractor, its supplier, manufacturer or importer does not diminish the rights and claims that the consumer can assert against the contractor on the basis of the contract if the contractor does not fulfil its part of the contract.
3. An additional guarantee is a guarantee provided by the contractor’s supplier, importer or manufacturer. In the case of an additional guarantee, the consumer can assert certain rights or claims that go beyond the legal obligations if the contractor does not fulfil its part of the contract.

1. Consumer claims for damages are excluded. Excluded from this are claims for damages of the consumer arising from the injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as the liability for other damages, which are based on an intentional or grossly negligent breach of duty by the contractor, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
2. In the event of a breach of material contractual obligations, the contractor shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless it involves claims for damages by the consumer arising from injury to life, limb or health.
3. The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the contractor if claims are asserted directly against them.
4. The limitations of liability resulting from paragraphs 1 and 2 shall not apply if the contractor has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the contractor and the consumer have reached an agreement on the nature of the matter. The provisions of the Product Liability Act remain unaffected.

1. The contractor shall exercise the greatest possible care when receiving and fulfilling product orders and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has communicated to the contractor.
3. Delivery with DHL is free of charge. The following costs are charged for the delivery of large products with CoolblueLiefert:

• Delivery between 07:30 and 17:00: €25
• Delivery in the morning between 07:30 and 12:00: from €39, depending on the day selected.
• Delivery in the afternoon between 12:00 and 17:00: from €39, depending on the day selected.

4. We only supply large appliances to consumers in the Rhine-Ruhr metropolitan region and the greater Frankfurt am Main area. If the consumer orders before 21:00, large appliances can be delivered the next working day.
5. When the consumer orders, their parcel will be delivered free of charge within the next 1-2 working days, except on Sundays and public holidays. Coolblue reserves the right to deliver goods within 30 days at the latest, unless a different delivery time has been agreed. If delivery is delayed or if an order cannot be fulfilled or can only be fulfilled in part, the customer will be notified of this no later than 30 days after placing the order. In this case, the customer has the right to cancel the contract at no cost.
6. Following cancellation in accordance with the previous paragraph, the contractor will immediately refund the amount paid by the customer.
7. The risk of products being damaged or lost shall be borne by Coolblue until the moment of delivery to the customer or to a representative appointed in advance by the customer and notified to Coolblue, unless expressly agreed otherwise.
8. More information about our delivery conditions can be found under Delivery service.

The goods remain the property of Coolblue until full payment has been received.

1. The customer can choose from the payment methods displayed at the end of the order process. More information can be found under Payment options.
2. The data entered may be stored by the selected payment provider, but not by Coolblue. The respective data protection regulations of the selected payment provider apply.

1. Coolblue shall bear the costs of returning the goods.
2. The customer can decide whether to exchange, repair or return the goods. In order to assert their claims, the online return form must be completed. The customer then receives their return label by email.
3. If the customer has received their goods by DHL, the customer can request a return label by email. If the goods were delivered by Coolblue, Coolblue will collect the goods from the customer.
4. Software, cartridges and toners whose seal and/or film has been removed are excluded from returns and exchanges, as are gift cards and vouchers, even if they have not been used yet.5. We do not refund money for services correctly provided by postmen and technicians. This includes installation and set-up costs as well as redeemed vouchers for set-up and/or installation.

1. Provisions that deviate from or supplement these General Terms and Conditions may not be interpreted to the detriment of the customer and must be set out in writing or in such a way that they can be stored on a permanent data carrier to which the customer has access.
2. Contracts between the contractor and the consumer are governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the country in which the consumer has their habitual residence as a consumer, remain unaffected.
3. The contract shall remain binding in its remaining parts even if individual points are legally invalid. Where available, the legal provisions shall replace the invalid points. Insofar as this would be an unreasonable hardship for a contracting party, the contract as a whole will become ineffective.

Online dispute resolution pursuant to Article 14(1) of the Regulation on consumer ODR: The European Commission provides a platform for online dispute resolution (ODR), which can be found at //ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.