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General terms and conditions

of pervormance international GmbH, Mühlsteige 13, 89075 Ulm, Germany

1. Scope

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

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

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, conclusion of contract, correction options

The purchase contract is concluded with performance international GmbH.

The presentation of the products in the online shop does not represent a legally binding offer, but rather a non-binding online catalog. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. By clicking the order button, you submit a binding offer for the goods contained in the shopping cart. The receipt of your order will be confirmed by e-mail immediately after the order has been sent.

We accept your offer within two days by

we issue a declaration of acceptance in a separate e-mail or
if applicable, the payment transaction is carried out by our service provider or the selected payment service provider. The execution time of the payment transaction depends on the selected payment method (see under “Payment”).

The alternative that is relevant to you depends on which of the listed events occurs first.

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 it can happen that two orders overlap, i.e. an item is ordered by two customers at the same time. This can lead to overlaps in our inventory and result in the desired item having a longer delivery time. In any case, we will inform you of this as quickly as possible and (if possible) offer you a suitable alternative or inform you of the new delivery time.

3. Contract language, contract text storage

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. You may also view the text of the contract in our customer login area.

4. Delivery conditions

We ship the products to the delivery address specified in the order process. Shipping costs will be charged in addition to the stated product prices. You can find out more about the shipping costs at /shipping-methods/ and in the offers.

You are entitled to collect your order from pervormance international GmbH, Mühlsteige 13, 89075 Ulm, Germany during the following hours of business: Monday til Friday from 8am until 5pm except on holidays. Please inform us at least 4 working days before your collection so that we can have your order ready. You can pay in cash on pickup.

For business customers:
When ordering by email or telephone below the minimum order value of €500, a small quantity surcharge of €50 applies. 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.

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.

Cash on pickup
You pay the invoice amount in cash upon collection.

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

. . .

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. Payment via Klarna is only available to consumers. 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 dispatch of the goods and receipt of the invoice.

. . .

Credit card via Klarna PayNow
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 monthly instalments of at least 1/24 of the total amount. The amount of the minimum instalment is 6.95 EUR.

. . .

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.

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 instruction, you grant 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
Precondition for the invoice payment via PayPal is an address and credit check, the payment is made directly to PayPal.

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“).

Sofort by Klarna
In order to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, Germany, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be charged immediately after placing the order. You will receive further instructions in the ordering process.

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

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

The invoice amount is due 7 days after receipt of the invoice and the goods by bank transfer to the bank account specified in the invoice. We reserve the right to offer purchase on account only after a successful credit check.

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.
If cancellation is approved, restocking fees will apply.

7. 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 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. We shall release the securities to which we are entitled at your request to the extent that the realisable value of the securities exceeds the value of the open claims by more than 10%.

8. Usage agreement for marketing, image and advertising material

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

8.2. 8.2. 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.

8.3. 8.3. The dealer may not assign the rights to third parties.

8.4. 8.4. 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.

8.5. 8.5. 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.

8.6. 8.6. 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.

8.7. 8.7. 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.

8.8. 8.8. 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.

8.9. 8.9. pervormance international can revoke the user agreement at any time without giving reasons.

9. 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.

10. Warranty and guarantees

10.1 Liability for defects

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

The following applies to the purchase of used goods by consumers: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. 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 restrictions and shortening of deadlines do 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 case of intentional or grossly negligent breach of duty as well as fraudulent intent
in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
within the scope of a voluntary guarantee, 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.

10.2 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 can reach our customer service for questions, complaints and objections on weekdays from 8:30 a.m. to 4:30 p.m. on the telephone number +49 (0) 731 140 71 0 and by email at info@pervormance.de .

11. 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.

In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount foreseeable at the time the contract was concluded Damage limited, the occurrence of which must typically be expected.
Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.

12. 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/ or HERE

https://ec.europa.eu/consumers/odr/

In order to settle disputes arising from a contractual relationship with a consumer or from whether such a contractual relationship exists at all, we will participate in dispute settlement proceedings before a consumer dispute resolution body.
Consumers can contact their national European Consumer Centre in this regard. The respective contact details of the individual ECCs can be found at https://www.evz.de/en/alternative-dispute-resolution/adr-in-europe/. The competent body in this matter is: Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany, www.verbraucher-schlichter.de.

13. 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.

16th January 2024
General terms and conditions created with the Trusted Shops legal copywriter