Terms and Conditions and Customer Information
I. Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to the contracts, which you conclude with us as a supplier (FoodConnection GmbH) via the www.cosnem.de website. Unless otherwise agreed, the inclusion of any terms you may have used is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Formation of the contract
(1) Subject of the contract is the sale of goods.
Our offers on the Internet are non-binding and not a binding offer to conclude a contract.
The goods intended for purchase are stored in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data are then displayed again on the order overview page.
Before sending the order, you have the option of checking all the information again, changing it (also using the "back" function of the internet browser) or canceling the purchase.
By submitting the order via the "Order with obligation to pay" button, you submit a binding offer to us.
You will first receive an automatic e-mail about the receipt of your order, which does not yet lead to the conclusion of a contract.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. e-mail), in which the execution of the order or the delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message, you are no longer bound to your order. Any services already provided will be reimbursed immediately in this case.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Right of retention, retention of title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 4 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are asked to check the item for completeness, obvious defects and transport damage immediately upon delivery and to inform us and the carrier of any complaints as soon as possible. If you do not comply, this has no effect on your statutory warranty claims.
§ 5 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual abode is not known at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply.