General terms and conditions of sale, delivery and payment

General terms and conditions for consumers as of 10.July.2023

 

  • Conclusion of contract / possibility of correction

The customer's order represents an offer. A contract comes about only after acceptance on our part. An order is only possible if all mandatory fields specified in the order form have been filled out. If information is missing or if The cool tool GmbH cannot fulfil the order for other reasons, the customer will receive an error message. Before the final submission of the order, the customer is given the opportunity to correct the order. The customer receives supporting detailed information directly during the ordering process. As soon as the order process has been completed, the customer will be notified of this through an information window “Your order has been completed and has been successfully sent to us”. This does not yet constitute an acceptance of the customer's offer on the part of the company represent.

  • Acknowledgment of receipt

When the order has been received by The cool tool GmbH, the customer will be informed of the receipt of his order via the email address provided. This notification does not yet represent an acceptance of the customer's offer on the part of the company.

  • Contract storage

The sales contract is saved by The cool tool GmbH and can be called up by the customer via the link / button in the order confirmation with the wording (view order).

The text of the contract is saved and the order data and the terms and conditions are sent to the customer in text form.

  • Contract language

The contract language is English.

  • Delivery restrictions

The webshop is aimed at the following countries: Austria, Belgium, Bulgaria, Germany, Estonia, France, Finland, Italy, Ireland, Croatia, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary.

The cool tool GmbH only delivers to addresses in the above stated countries

            Self-pickup

The purchased goods can be picked up at the following address: The cool tool GmbH, Fabriksgasse 15/2340 Moedling Austria, current opening times are available at https://www.thecooltool.com

As soon as the goods are ready for collection, we will notify the customer via e-mail.

  • Delay of acceptance


If the goods are not picked up within the collection period, the customer will be informed again by e-mail and pointed out that The cool tool GmbH can withdraw from the purchase contract after the grace period of 14 days has expired. The customer will be informed of this withdrawal by e-mail and in this case will receive a credit note in the amount of the payment made. On request, this credit can be converted into an amount of money that is returned in the same way as the original payment was made.

  • Transport damage

If goods are delivered with obvious transport damage, The cool tool GmbH asks you to report such defects to the deliverer immediately and to contact The cool tool GmbH. Failure to submit a complaint or contact has no consequences for legal claims, in particular warranty rights. By reporting this to The cool tool GmbH you can help increase the cooperation with the carriers.

  • Liability:
    The liability of "The cool tool GmbH" is limited to the repair or replacement of the purchased items. All further claims, in particular for compensation for damage that did not occur to the purchased items themselves, including compensation for direct or indirect damage of any kind, are excluded to the extent permitted by law.
    The cool tool GmbH's liability for damages is limited to intentional or grossly negligent acts.

 

  • Clarification that the webshop is not yet legally an offer

The presentation of the goods in the web shop does not constitute a binding offer in the legal sense. It is merely a request to the customer to make an offer.

  • Conclusion of contract

The customer's order represents an offer. A contract is only concluded after acceptance by The cool tool GmbH. The customer will be informed of the acceptance by email.

  • Loyalty of the customer to his offer

The customer is bound to his order for two days from receipt of this order. The statutory right of withdrawal (right of withdrawal) remains unaffected.

  • Receipt of the order

The customer will be notified of the day of receipt of the order as part of the confirmation of receipt.

  • All prices are total prices. They understand each other including all taxes, in particular sales tax. All prices are given in EURO an include taxes. The delivery fee is added to the prices shown.
  • Payment Methods

The following payment methods are accepted:

Shopify Payments:

                Credit card (Visa, Mastercard)

                Sofortüberweisung (EPS)

                Google Pay

                Apple Pay

                Shop Pay

Pay Pal

  • Due date / advance payment

If no other payment method has been agreed, the customer undertakes to pay the purchase price in full when the contract is concluded. The goods will only be delivered after the amount has been credited to The cool tool GmbH's account

  • Right of withdrawal / right of withdrawal

The term "right of withdrawal" used in Austria corresponds to the term "right of withdrawal" which is customary in Germany and used in the consumer rights directive. We therefore use the synonymous pair of terms "right of withdrawal (right of withdrawal)". In the cancellation policy, only the term "right of cancellation" is used. This is synonymous with the Austrian term “right of withdrawal. Details can be found in the right of withdrawal. https://shop.thecooltool.com/pages/retouren-und-ruckendung

  • Implied warranties

Complaints based on statutory warranty claims
or other complaints can be found under the imprint
mentioned contact details are asserted.

The statutory provisions of the warranty apply, whereby the warranty period is shortened to six months for transactions that are not subject to the KschG.
Warranty claims are excluded in any case if the object of purchase has been changed or improperly handled, if the manufacturer's instructions for operating the device have not been followed or if third parties have made changes to the object of purchase without the express permission of The cool tool GmbH.
 
Warranty and guarantee claims can only be asserted against The cool tool GmbH by the buyer. Any warranty / guarantee going beyond the above provision is expressly excluded.

  • Delivery period

Unless otherwise agreed, The cool tool GmbH delivers within 2-5 working days within Austria and within 3-21 working days to EU countries outside of Austria after the contract has been confirmed.

The cool tool GmbH will endeavour to meet promised delivery dates. If the delivery is delayed due to circumstances for which The cool tool GmbH is not to blame, in particular due to non-compliance with the deadlines on the part of its sub-suppliers, force majeure, traffic disruption or similar events, the delivery time is in any case extended by the time of the hindrance.

 

  • Retention of title

The goods remain our property until full payment.