Table of Contents

1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Applicable Law
9. Jurisdiction
10. Alternative Dispute Resolution

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1. Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Cobrasa GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller concerning the goods displayed by the Seller in its online shop. The inclusion of the Customer’s own conditions is hereby excluded, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2. Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller but serve as an invitation to the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. By placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer concerning the goods contained in the shopping cart by clicking the button that completes the order process. Alternatively, the Customer may also submit the offer by email to the Seller.

2.3 The Seller may accept the Customer's offer within five days by:

• Sending a written order confirmation or an order confirmation in text form (fax or email), with the access of the order confirmation to the Customer being decisive, or
• Delivering the ordered goods to the Customer, with the access of the goods to the Customer being decisive, or
• Requesting payment from the Customer after the order has been placed.

If multiple of the above alternatives occur, the contract is concluded at the time when one of the above alternatives occurs first. The deadline for accepting the offer starts on the day after the Customer has sent the offer and ends with the expiration of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this is considered a rejection of the offer, resulting in the Customer no longer being bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing will be carried out through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to PayPal’s user agreement, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or - if the Customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal during the online ordering process, the Seller’s acceptance of the Customer’s offer is already declared at the time the Customer clicks the button that completes the order process.

2.5 When placing an offer via the Seller’s online order form, the text of the contract will be stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer has sent their order. The Seller will not make any further accessible provision of the contract text. If the Customer has set up a user account in the Seller’s online shop before sending their order, the order data will be archived on the Seller’s website and can be retrieved by the Customer through their password-protected user account using the appropriate login details.

2.6 Before binding submission of the order via the Seller’s online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. A useful technical means for better recognition of input errors may be the zoom function of the browser, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the order process.

2.7 The contract language is German.

2.8 The order processing and communication typically occur via email and automated order processing. The Customer must ensure that the email address provided for order processing is accurate so that emails sent by the Seller can be received. In particular, the Customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller for order processing are delivered, especially when using SPAM filters.

3. Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal is provided in the Seller’s withdrawal instructions.

4. Prices and Payment Terms

4.1 Unless otherwise stated in the product description of the Seller, the prices quoted are total prices that include the statutory VAT. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 The payment options will be communicated to the Customer in the Seller’s online shop.

5. Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, delivery will be made within the delivery area specified by the Seller to the address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing is decisive for the execution of the transaction.

5.2 If the delivery of the goods fails due to reasons for which the Customer is responsible, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply to the costs of shipping if the Customer effectively exercises their right of withdrawal. For return shipping costs, the provisions made in the Seller’s withdrawal instructions apply in the event of effective exercise of the right of withdrawal by the Customer.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has handed over the goods to the carrier, freight forwarder, or any other person or institution designated to execute the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon delivery of the goods to the Customer or to a recipient authorized to receive the goods. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to consumers as soon as the Seller has handed over the goods to the carrier, freight forwarder, or any other person or institution designated to execute the shipment, if the Customer has commissioned the carrier, freight forwarder, or other person or institution with the execution and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not the Seller’s fault and the Seller has concluded a specific cover transaction with the supplier with the necessary care. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately, and the consideration will be refunded promptly.

5.5 If the Seller offers the goods for collection, the Customer may collect the ordered goods at the address specified by the Seller during the Seller’s business hours. In this case, no shipping costs will be charged.

6. Retention of Title

If the Seller performs in advance, they retain ownership of the delivered goods until full payment of the purchase price owed.

7. Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the statutory provisions on liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

• The Seller has the choice of the type of subsequent performance;
• The limitation period for defects in new goods is one year from the delivery of the goods;
• The rights and claims due to defects are excluded for used goods;
• The limitation period does not start anew if a replacement delivery is made as part of the liability for defects.

7.2 The aforementioned limitations and reductions in the limitation period do not apply

• To claims for damages and reimbursement of expenses by the Customer,
• In the event that the Seller has fraudulently concealed the defect,
• For goods that, according to their usual use, are used for a building and have caused the building’s defectiveness,
• To any obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.3 Additionally, for entrepreneurs, the statutory limitation periods for any statutory recourse claims remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of § 1 HGB (Commercial Code), they are subject to the commercial duty to inspect and give notice of defects according to § 377 HGB. If the Customer fails to comply with the notification obligations, the goods are deemed to have been approved.

7.5 If the Customer acts as a consumer, they are requested to report any visible transport damages to the carrier and notify the Seller. Failure to do so does not affect their statutory or contractual claims for defects.

8. Applicable Law

For all legal relationships of the parties, the law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.

9. Jurisdiction

If the Customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller’s place of business. If the Customer has their registered office outside the territory of the Federal Republic of Germany, the Seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. However, in these cases, the Seller is also entitled to bring action before the court at the Customer’s place of residence.

10. Alternative Dispute Resolution

10.1 The EU Commission provides an online platform for dispute resolution at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

10.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.