Conditions of Use

Please note that the colours shown can differ from the original as far as the natural brilliance of colours is concerned due to technical reasons.


General Terms and Conditions


§ 1 Applicability
Any service given by Cooltúre Fashion (in the following COOLTÚRE Fashion) to the customers applies exclusively to these General Terms and Conditions.

§ 2 Conclusion of contract
(1) The description of our range of products on the Internet just serves to inform the customer and should be an incentive to purchase products from our Cooltúre Fashion shop.
(2) By sending an online order the customer offers to conclude a contract.
(3) Cooltúre Fashion is authorised to accept this order when receiving an order confirmation within ten calendar days. The order confirmation will be sent via e-mail. The offer is turned down after an unsuccessful circulation of a ten day deadline.

§ 3 Payment, Maturity and Delayed Payment
(1) Payment of goods can be effected either by payment in advance or cash on delivery (COD). COD is only possible for shipments within Germany. Cooltúre Fashion keeps the right of accepting and excluding certain terms of payment in an individual case.
(2) When choosing payment in advance the customer commits to pay the purchase price immediately after the conclusion of contract. With COD the buyer has to pay when the goods are delivered.
(3) If the customer experiences a delayed payment he has act for negligence in the meantime. We cannot assume any liability for a delay in delivery to Acts of God or any other circumstances beyond our control.
(4) If the customer is in delay of payment Cooltúre Fashion is entitled to charge interest on the purchase price. Per year the default charges rate is five percentage points above the base interest rate. In the case of a transaction in which the customer is not involved, the interest rate is eight percentage points above the base interest rate.
(5) The possibility of further claims can not be ruled out.

§ 4 Delivery
(1) Delivery of goods can only be effected as long as supplies last.
(2) Delivery of the goods will be shipped EXW to the address given by the customer. As far as delivery on payment in advance is agreed, time of delivery is usually 2 – 3 business days after receipt of the purchase price. This data are nonbinding unless otherwise agreed.
(3) With an Internet order delivery will be effected against stipulated packaging and delivery charges. Unless otherwise agreed, the price for packaging and delivery to a foreign country has to be charged separately by weight. If the customer prefers another special kind of shipment, which would cause higher costs, additional costs are also at his expense.

§ 5 Title retention
The goods remain property of Cooltúre Fashion until complete settlement of payment.
Without explicit acceptance of Cooltúre Fashion pledging, chattel mortgage, processing or reconfiguration before transfer of ownership are not permissible.

§ 6 Prices
(1) With the updating of Cooltúre Fashion´s homepage all former prices and other indications are invalid.
(2) The price when placing the order is relevant for billing.

§ 7 Rescission
(1) COOLTÚRE Fashion is entitled to cancel a contract as far as open price of a delivery or service is concerned, when false statements regarding the creditworthiness of a customer were given or objective reasons with respect to solvency of the customer were occurred and therefore the customer neither is able to effect advance payment nor performs suitable security before delivery. The contract will be cancelled if there are insolvency proceedings on the customer’s fortune or an application for starting insolvency proceedings for lack of cost covering fortune is rejected.
(2) Without limiting compensation claim of Cooltúre Fashion in the case of a partial cancellation partial performance, which was already adduced, has to be contractually deducted and paid.

§ 8 Warranty
(1) The warranty period is two years. The warranty period for transactions in which the customer is not involved and for selling of used goods is one year.
(2) If the goods are inadequate the customer has the right to demand the correction of the default or the delivery of flawless goods. According to § 275 paragraph 2 and 3 German Civil Code, Cooltúre Fashion can deny the chosen type of supplementary performance if it is only possible with disproportional costs. The value of the flawless goods, the consequence of the default and the issue if the other type of supplementary performance can be used without significant disadvantage for the customer are to be considered. In this case the customer’s right restricts to the different kind of supplementary performance; the right of Cooltúre fashion, under the understandings that sentence one is denied, will remain unchanged.
(3) If the purchase is a transaction for both parties, the customer has to check the goods immediately after receipt, to the extent to which the general run of business consider this feasible. If there can be ascertained a default, the customer has to inform the seller promptly. If not, the products are regarded as accepted, unless it is a default which can not be seen when checking. If such a default occurs later on, the complaint has to be registered quickly after discovery, otherwise the goods are regarded as accepted – despite the fault. These regulations do not deem, when the default has been fraudulently kept secret. The customer keeps his rights the punctual complaint is enough.
(4) When Cooltúre Fashion delivers flawless goods for the purpose of the supplementary performance, Cooltúre Fashion is entitled to deny the return of faulty goods (§§ 346 – 348 German Civil Code).
(5) Damages which occurred through improper or contrary to agreement measures of the customer, for example through exposition, operating or storage, are no reason to hold Cooltúre Fashion responsible for these damages.

§ 9 Cost carrying agreement
If you make use from your right of revocation, you have to bear the regular cost of the return, if the supplied commodity corresponds to the ordered and if the price of the thing which can be sent back does not exceed an amount of 40 euros or if with a higher price of the thing at the point in time of the revocation yet the return or a contractually agreed upon partial payment did not furnish you. Otherwise the return for you is free.

§ 10 Limitation of Liability
(1) For any other damages occurred than infringement of lives, body and health Cooltúre Fashion is only liable unless theses damages based on wilful or grossly negligent conduct or culpable violation of a significant contractual commitment of COOLTÙRE fashion or its performing agents. Any other liability in compensation can be ruled out. Any regulation of the product liability law remains hereof unaffected.
(2) Data communications via internet can not be granted as faultless and or always available. Therefore COOLTÚRE Fashion is not liable for anytime availability of the online COOLTÚRE Fashion Shop.

§ 11 Privacy
All personal information of our customers will be treated confidentially and are stored in a machine-readable form. The necessary data such as name and address are only given to the suppliers for the processing of the delivery.

§ 12 Place of Jurisdiction
These General Terms and Conditions are governed by the laws of the Federal Republic of Germany, to the exclusion of the CISG (United Nations Convention on the Contracts for the International Sale of Goods). If the contracting parties are business people the court, where Cooltúre Fashion is based, is responsible, unless an exclusively legal domicile is named as a reason for the dispute.

§ 13 Severability Clause
If any regulation of this contract be invalid or not enforceable, the remaining regulations of this contract remain unaffected.