General terms and conditions of business

of PERVORMANCE international GmbH, Hörvelsinger Weg 66, 89081 Ulm

1. Scope
2. Contractual partner, formation of contract, options for corrections
3. Contract language, saving of the contract text
4. Subject of the Contract
5. Delivery conditions
6. Payment
7. Right to cancel
8. Retention of title
9. Usage agreement for marketing, image and advertising material
10. Damage during delivery
11. Warranty and guarantees
12. Liability
13. Dispute resolution
14. Final provisions

1. Scope

The following Terms and Conditions (Terms) 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.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.

2. Contractual partner, formation of contract, options for corrections

The contract is concluded with pervormance international GmbH.

By placing the products in the online shop, we make a binding offer on our part to enter into a contract regarding those items. You may place our products in the shopping basket without obligation and amend your entries at any time prior to submitting 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 products contained in the shopping basket. Confirmation of receipt of your order is sent by e-mail immediately after the order has been placed and does not constitute acceptance of your offer.

We accept your offer within two days by

• issuing a declaration of acceptance in a separate e-mail, or
• dispatching the goods.

Any payment authorisation or payment processing that may take place beforehand does not constitute acceptance.

The relevant alternative for you is the one that occurs first.

We are entitled to decline online orders prior to the conclusion of a contract for objective reasons. If we do not process an online order, we will notify the customer without undue delay. Any payment already received will be refunded without undue delay via the payment method originally used.

We are bound to specially prepared offers for 14 calendar days. Orders require our confirmation in order to be legally effective, either in writing, by e-mail or by delivery. The e-mail sent automatically after receipt of the order is not to be understood as an order confirmation in the aforementioned sense.

All agreements that deviate from the offer that are made between us and the customer for the purpose of executing this contract must be recorded in writing.

Please note:
In rare cases, there may be an overlap between two orders, i.e. an item is ordered by two customers at the same time. This may result in discrepancies in our stock levels and consequently lead to a longer delivery time for the requested item. In any such case, we will inform you as soon as possible and, if feasible, offer you an appropriate alternative or notify you of the revised delivery time.

3. Contract language, saving of the contract text

The language(s) available for concluding the contract: German, English

We save the text of the contract and forward the order data and our Terms and Conditions to you on a durable medium. For security reasons, the text of the contract cannot be accessed via the internet.

4. Subject Matter of the Contract

4.1 Product description

Reference is made to the applicability of the respective product description as an essential part of the contract.

4.2 Product pictures

Without prejudice to your statutory warranty rights, we would like to draw your attention to the following special provisions. If you have any uncertainties, please contact us.

Due to individual screen settings (e.g. resolution and brightness), minor deviations between the colors displayed and the actual product colors may occur.

5. Delivery conditions

Delivery options

We ship the products to the delivery address specified in the order process. We only dispatch goods en route; pick up by the customer is not possible. You can find out more about the shipping costs at /shipping-methods/ and in the offers.

We only dispatch goods en route; pick up by the customer is not possible.

Notice for business customers:
For business customers, a minimum order surcharge of €50 applies for orders placed by email or telephone below the minimum order value of €500. This will also be shown on the order confirmation. This surcharge does not apply when ordering via the online shop https://e-cooline.com/shop.

6. Payment

6.1 Prices

The prices stated at the time of the order shall apply. These prices are total prices and include statutory value added tax (VAT).

6.2 Due Date and Default of Payment

The price shall be due upon conclusion of the contract, unless a later due date results from the following payment terms.

For consumers, the following applies: In the event of default of payment, we reserve the right to charge a fee of EUR 1.50 for the second and each subsequent reminder. The consumer shall be entitled to prove that a lower amount of damage has been incurred. Further claims remain unaffected.

For businesses, the following applies: In the event of default of payment, we reserve the right to charge statutory default interest at a rate of nine percentage points above the base interest rate, as well as a flat fee of EUR 40. Further claims remain unaffected.

6.3 Payment methods

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
You provide your credit card details during the ordering process. Your card will be charged immediately after placing your order. Your card will be charged immediately after you place your order.

Amazon Pay
In order to pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A. 38 avenue J.F. Kennedy, L-1855 Luxembourg (“Amazon”), you must be registered with Amazon, legitimise yourself with your access data and confirm the payment instruction. The payment transaction will be processed within one banking day after the order is placed.

Amazon Pay may offer additional payment options in the customer account to registered Amazon Pay customers selected according to their own criteria. We have no influence on the offering of such additional options; any further individually offered payment options are part of your contractual relationship with Amazon Pay. For further information, please refer to your Klarna account.

Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”) we offer you the following payment options. Unless otherwise specified below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information is provided with the respective payment option and in the ordering process.

Purchase on account via Klarna
The invoice amount is due 30 days after shipping the goods and receipt of the invoice. Purchasing on account can only be used by consumers.

Klarna may offer additional payment options in the customer account to registered Klarna customers selected according to Klarna’s own criteria. We have no influence on the offering of such additional options; any further individually offered payment options are part of your contractual relationship with Klarna. For further information, please refer to your Klarna account.

Credit card via Klarna
You enter your credit card details in the ordering process. Your card will be charged by Klarna immediately after placing the order. An address and credit check does not take place.

Financing via Klarna
You can pay the invoice amount in up to 36 monthly installments. For some orders, a down payment may be required. The due dates are determined according to Klarna’s payment schedule. The installment payment option via Klarna can only be used by consumers.

Klarna may offer registered Klarna customers, selected according to its own criteria, additional payment options in their customer account (e.g., interest-free installment plans). We have no influence on the offering of such additional options; any further individually offered payment options are part of your contractual relationship with Klarna. Further information can be found in your Klarna account.

Sofort/ Sofortüberweisung über Klarna
In order to pay the invoice amount via Sofort/ Sofortüberweisung through Klarna, you must have a Klarna account and a bank account enabled for online banking, verify your identity accordingly, and confirm the payment instruction. When paying via Sofortüberweisung, Klarna does not perform a credit check. Your account will be debited immediately after the order is placed. Further instructions are provided during the checkout process.

PayPal, PayPal Express
In order to be able to pay the invoice amount via the PayPal payment option, you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction will be processed by PayPal immediately after placing the order.

PayPal may offer registered PayPal customers further payment modalities in the customer account selected according to its own criteria. However, we have no influence on the offering of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You can find more information on this in your PayPal account.

PayPal
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), we offer you the following payment options as PayPal services. Unless otherwise specified below, payment via PayPal does not require registration with PayPal. You will find further information within the respective payment option and in the ordering process.

PayPal, PayPal Express
In order to be able to pay the invoice amount via the PayPal payment option, you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction will be processed by PayPal immediately after placing the order.

PayPal may offer registered PayPal customers further payment modalities in the customer account selected according to its own criteria. However, we have no influence on the offering of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You can find more information on this in your PayPal account.

Credit card via PayPal
Your card will be charged by PayPal after the goods have been sent out.

Direct debit via PayPal
Precondition for payment by direct debit via PayPal is an address and credit check, the payment is made directly to PayPal. By confirming the payment order, you give PayPal a direct debit mandate. You will be informed by PayPal about the date your account is charged (so-called prenotification). The account will be charged before the goods are sent out.

Invoice payment via PayPal and Ratepay
Precondition for the invoice payment via PayPal is an address and credit check, the payment is made directly to Ratepay GmbH, Franklinstraße 28-29, 10587 Berlin („Ratepay“).

Invoice (only for business customers)

Unfortunately, we can currently only offer purchase on account (via our online shop) for our business customers and not for private customers.

The invoice amount is due 7 days upon receipt of the invoice and the goods by bank transfer to our bank account. We reserve the right to allow payment by invoice only after we verify your credit rating.

7. 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.

8. Retention of title

The products shall remain our property until full payment is made.

For businesses, the following applies additionally: We reserve ownership of the products until complete settlement of all claims arising from a current business relationship. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance – regardless of whether the reserved goods are combined or mixed with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We will release the securities to which we are entitled at your request insofar as the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

9. Usage agreement for marketing, image and advertising material

9.1. As a dealer, you are entitled to use the original E.COOLINE marketing, images and advertising material provided by pervormance international free of charge.

9.2. Any other use of the E.COOLINE logo and images and/or corporate identity by the retailer, including in particular any use of the name “E.COOLINE” as a company name, when registering a domain or a social media account (e.g. Facebook, Twitter , XING or LinkedIn), in advertisements, address or company entries, as Google AdWords, regardless of whether this is in connection with a place name or another name or another description, is not permitted.

9.3. The dealer may not assign the rights to third parties.

9.4. By downloading the marketing, image and advertising material, the dealer under no circumstances acquires any rights of any kind to intellectual property, industrial property rights, objects and/or content of the E.COOLINE marketing system, the corporate identity or other trademark rights, utility models or elements of E .COOLINE or pervormance international GmbH.

9.5. To the extent that non-digital advertising materials (photos, brochures, etc.) are provided to the retailer, these are legally protected by copyright and/or personal rights in favor of E.COOLINE or the users of E.COOLINE. Unless expressly stated otherwise, the dealer is only granted a limited, simple and non-transferable right of use for the duration of this user agreement to use these advertising materials in connection with the E.COOLINE products. This right of use expires automatically before the end of the specified period of use if the retailer no longer offers E.COOLINE products.

9.6. In the case of digital advertising materials, E.COOLINE offers images and logos via its website for the retailer to copy. These are also legally protected by copyright and/or personal rights in favor of E.COOLINE or the users of E.COOLINE and the retailer is also only granted limited usage rights in accordance with the following conditions: The retailer is entitled to remove the digital advertising material in question from the website from E.COOLINE. Unless expressly stated otherwise, the dealer is only granted a limited, simple and non-transferable right of use for the duration of the sale of E.COOLINE products to use these advertising materials in connection with the products or in the dealer’s E.COOLINE sales area use. This right of use expires automatically if the retailer does not offer E.COOLINE products.

9.7. The dealer acknowledges that the licensing does not make him the owner of any industrial property rights or intellectual property and that his rights may not be transferred, encumbered, (sub)licensed or otherwise disposed of by him.

9.8. The dealer must immediately inform E.COOLINE of any violation of the rights of E.COOLINE or pervormance international GmbH, in particular trademarks and copyrights, by third parties that he becomes aware of. The defense of these rights is the sole responsibility of E.COOLINE.

9.9. pervormance international can revoke the user agreement at any time without giving reasons.

10. 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.

11. Warranty and guarantees

11.1 Liability for defects

Unless expressly agreed otherwise below, the statutory guarantee provisions (liability for defects) shall apply.

With respect to consumers, the staturory guarantee provisions of the country of their respective habitual residence shall apply. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.

The following limitations and reductions of time periods with respect to businesses/merchants shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents

• in the event of injury to life, limb or health
• in the event of intentional or grossly negligent breach of duty or fraudulent intent
• in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
• as part of a guarantee promise, if agreed, or
• within the scope of application of the Product Liability Act (Produkthaftungsgesetz).

Restrictions in relation to businesses
In relation to businesses, only our own specifications and the manufacturer’s product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not accept any liability for public statements made by the manufacturer or other advertising statements. For businesses, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its customary use and has caused the building to be defective.

The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB (German Civil Code) remain unaffected.

Note to merchants (“Kaufleute” in accordance with HGB – German Commercial Code)
Among merchants (“Kaufleute”), the obligation to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.

11.2 Guarantees and customer service

Information on any additional voluntary guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop, if applicable.

Customer service: You may reach our customer service for inquiries, complaints or concerns on weekdays from 8:30 AM to 4:30 PM at the phone number +49 (0) 731 140 71 0 or via email at info@pervormance.de

12. 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
• within the scope of application of the Product Liability Act (Produkthaftungsgesetz).

Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.

For the purchase of used goods by consumers, the following applies: if a defect occurs after one year from the date of delivery, claims for defects shall be excluded. Defects that occur within one year from the date of delivery may be asserted within the statutory limitation period of two years from the date of delivery.

13. Dispute resolution

In order to settle disputes arising from a contractual relationship with a consumer or from whether such a contractual relationship exists at all, we are willing to participate in dispute settlement proceedings before a consumer dispute resolution body.

Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V. is responsible for providing you with information and referring you to the appropriate entity for alternative dispute resolution.

Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V.
Straßburger Straße 8
77694 Kehl am Rhein
Germany
https://www.universalschlichtungsstelle.de/
mail@universalschlichtungsstelle.de

14. 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.

Should individual provisions of these Terms and Conditions be wholly or partially invalid, the remaining provisions of the contract shall remain unaffected. To the extent that individual provisions are invalid, the content of the contract shall be governed by the statutory provisions.

Ulm, 9.12.25

General terms and conditions created with the Trusted Shops legal copywriter