General Terms and Conditions

1.     scope

1.1. The following terms and conditions apply to all orders placed through our online shop. Our online shop is aimed exclusively at consumers. Consumer is any natural person who concludes a legal transaction for purposes which cannot be attributed primarily to his commercial or self-employed professional activity. Entrepreneur is a natural or legal person or a partnership with legal rights which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.

1.2. These Terms and Conditions apply exclusively. Conflicting or deviating terms and conditions of the customer are not accepted, unless the seller has expressly agreed to their validity in writing. These General Terms and Conditions shall also apply if we sell in the knowledge of conflicting or deviating terms and conditions of the buyer.

1.3. Individual agreements made in individual cases (including ancillary agreements, additions and amendments) shall in any case take precedence over these GtC.

2.     Contractor, conclusion of contract

2.1. The purchase agreement is concluded with Smart Light Solutions GmbH, Linsenkamp 8b, 22175 Hamburg, Germany

2.2. By subsirising the products in the online shop, we make a binding offer to conclude the contract for these articles. You can first add our products to the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided for and explained in the order process. The contract is concluded by clicking on the order button to accept the offer for the goods contained in the shopping cart. Immediately after sending the order, you will receive a confirmation by e-mail.

2.4. By clicking on the button concluding the ordering process, the buyer makes a legally binding contract offer with respect to the items contained in the shopping cart. The Seller may accept the Customer's offer within seven days,

·         by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), wherein that the receipt of the order confirmation by the customer is decisive, or

·         by supplying the ordered goods to the customer, in so far as the receipt of the goods by the customer is decisive, or

·         by asking the customer to pay after placing his order.

If several of these alternatives are available, the contract shall be concluded at the time when one of the above alternatives first occurs. If the seller does not accept the customer's offer within the 7-day period, this shall be deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent. 

3.     Contract language, contract text storage

The language available for the conclusion of the contract is German and English. We do not store the text of the contract.

4.     terms of delivery

4.1. The delivery of goods shall be effected by shipping to the delivery address indicated by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing shall prevail. By way of derogation from this, the delivery address deposited by the customer at the time of payment at the time of payment with PayPal shall prevail when selecting the PayPal payment method.

4.2. Unless otherwise stated in the item description, the shipping company requires approx. 3 - 5 working days for delivery within Germany.

4.3. In addition to the stated product prices, shipping costs are added. You can find out more about the amount of shipping costs in the offers.

4.4. If the delivery to the customer fails because the customer has given the delivery address incorrectly or incompletely or is not reachable at the delivery time, the customer shall bear the reasonable costs incurred by us as a result. This does not apply with regard to the costs of the sending if the customer effectively exercises his right of withdrawal. In the event of an effective exercise of the right of withdrawal by the customer, the provisions made in the seller's revocation instructions shall apply to the return costs. A new delivery attempt will only take place if the customer assumes the costs for the re-shipment. The new shipping costs correspond to the shipping costs agreed at the time of conclusion of the contract. To this end, we will inform the customer of the necessary costs of re-delivery by e-mail. A new shipment will only take place after receipt of payment of these costs.

5.     Prices, payment

5.1. Our product prices are final prices and include the statutory value added tax. If necessary, additional delivery and shipping costs will be reported to the customer separately.

5.2. In our shop, the following payment methods are generally available to you:

a) Advance payment

If you select the payment method in advance, we will give you our bank details in separate e-mail and deliver the goods after receipt of payment.

b) PayPal PlusAs part of the PayPal Plus payment
service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and the payment order to PayPal. If you have chosen the payment method
PayPal,  you must be registered there or register and legitimize with your access data in order to be able to pay the invoice amount. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment order. If you have chosen the payment method
credit card, you do not have to be registered with PayPal in order to pay the invoice amount. The payment transaction will be carried out by your credit card company at the request of PayPal immediately after confirmation of the payment order and after your legitimation as a legitimate cardholder, and will be charged to your card. If you have chosen the direct
debit payment method, you do not need to be registered with PayPal in order to pay the invoice amount. By confirming the payment order, you issue a direct debit mandate to PayPal. PayPal will inform you about the date of the account charge (so-called prenotification). Submitting the direct debit mandate immediately after confirmation of the payment order, PayPal invites its bank to initiate the payment transaction. The payment transaction will be executed and your account will be debited. If you  
 have chosen the invoice payment method, you do not need to be registered with PayPal in order to pay the invoice amount. After successful address and credit check and placing of the order, we assign our claim to PayPal. In this case, they can only provide PayPal with debt-relieving effects. In addition to our Terms and Conditions, the Terms and Conditions and the data protection declaration of PayPal apply to payment processing via PayPal. Further information and the full terms and conditions of PayPal for the purchase of invoices can be found here:  https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE.

c) Invoice

You pay the invoice amount after receipt of the goods and the invoice by bank transfer to our bank account. We reserve the right to offer the purchase on account only after a successful credit check.  In the case of delivery on account, payment is due no later than 14 calendar days after invoicing.

5.3. If a customer is in default with his payment obligations, the seller may claim damages in accordance with the statutory provisions and / or withdraw from the contract.

6.     Ownership

The goods remain our property until full payment has been made.

7.     Damage

If goods are delivered with obvious transport damage, please complain to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance company.

8.     Warranty and guarantees

8.1. Unless expressly agreed otherwise below, the statutory liability for defects applies. In the case of used goods, the following applies: if the defect occurs after the expiry of one year from delivery of the goods, the claims for defects are excluded. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.

8.2 The following applies to commercial customers: The warranty for defects of goods shall be 12 months for new goods. For used goods, any warranty is excluded.

8.3 The following applies to commercial customers: The goods must be inspected by the buyer immediately upon receipt; if there is an obvious defect, this must be reported to us immediately. A hidden defect must be reported immediately after its discovery. Failure to notify us shall result in the exclusion of warranty rights.

8.4 The following applies to commercial customers: If goods are delivered with obvious transport damage, please report such defects to the deliverer immediately and contact us without delay. Failure to notify us will result in the exclusion of any existing warranty claims.

8.5. The above limitations and reductions in time limit do not apply to claims arising from damages caused by us, our legal representatives or vicarious agents

·         in the event of injury to life, body or health,

·         in the event of intentional or grossly negligent breach of duty as well as malice,

·         in the event of a breach of essential contractual obligations, the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations)

·         within the scope of a guarantee promise, insofar as agreed or

·         to the extent that the scope of the Product Liability Act is opened.

8.6. CUCKOO Rice and Multi-Cookers are exclusively for PRIVATE USE and are not intended for commercial purposes. Any commercial use may invalidate the warranty. Products intended for commercial use are exclusively the models SR-4600, CR-3021, CR-3055, and CR-3511E. These products can be used in restricted commercial facilities such as restaurants, hotels, or guesthouses. For commercial use, the warranty period is shortened to 1 year.

8.7. Information on any applicable additional warranties and their exact terms can be found in the product and on special information pages in the online shop.

Customer Service: You can contact our customer service for questions, complaints and complaints on weekdays from 9:00 a.m. to 5:00 p.m. by email at info@cuckoomall.de

9.     Loss of value due to contamination during return

Please avoid damage and contamination of the goods. They must pay for any loss in value of the goods if this loss in value is due to a handling that goes beyond the examination of the characteristics and functioning (i.e. beyond an examination as carried out in the shop). We have to charge you for the corresponding amount of work for the restoration of the value (cleaning, etc.).

10.   liability

10.1. We shall always be liable without limitation for claims arising from damages caused by us, our legal representatives or vicarious agents.

·         in the event of injury to life, body or health,

·         in the event of intentional or grossly negligent breach of duty,

·         in the case of warranty promises, if agreed, or

·         to the extent that the scope of the Product Liability Act is opened.

10.2. In the event of a breach of essential contractual obligations, the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely, (cardinal obligations) by slight negligence on the part of us, our legal representatives or vicarious agents, the liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. In addition, claims for damages are excluded.

11.   code of conduct

We have submitted the following codes of conduct:Trusted Shops quality criteria

http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf

12.   Final provisions

12.1. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the Sale of Goods. However, German law does not apply to consumers with permanent residence outside Germany, insofar as the national law of the consumer contains provisions from which cannot be deviated by contract to the detriment of the consumer.

12.2. Should individual provisions of these General Terms and Conditions prove to be ineffective or unenforceable, this shall not affect the validity of the remaining provisions.

13.   dispute settlement

13.1. The European Commission provides an online dispute resolution platform (ODR), which you can find here  https://ec.europa.eu/consumers/odr/.

13.2. We are ready to participate in an out-of-court arbitration before a consumer arbitration board. The General Consumer Arbitration Office of the Centre for Conciliation, Strasbourger Straße 8, 77694 Kehl am Rhein,  www.verbraucher-schlichter.de.