General terms and conditions and customer information
I. General terms and conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a supplier (FoodConnection GmbH) via the www.cosnem.de website. Unless otherwise agreed, the inclusion of your own terms and conditions that may have been used by you is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their independent professional or commercial activity.
§ 2 Conclusion 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 your personal data as well as the terms of payment and shipping, all of the order data will then be displayed again on the order overview page.
Before submitting the order, you have the option here to check all the details again, to change them (also via the "back" function of the Internet browser) or to cancel the purchase.
By submitting the order using the "order subject to payment" button, you are submitting 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 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. In this case, any services already rendered will be reimbursed immediately.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, 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 exist.
(2) As a consumer, you are requested to check the item for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the freight forwarder of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.
§ 5 Choice of law, place of performance, place of jurisdiction
(1) German law applies. In the case of consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).
(2) The place of performance for all services from the business relationships 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 place of residence or habitual residence is not known at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN sales law expressly do not apply.