Shipping only within Germany
Close

T&C

General Terms and Conditions

Version August 2016

 

1. Introduction

The regulations below as well as the specified documents represent the General Terms and Conditions for all orders generated by you in the context of the L.O.V. online shop ("Online Shop") at Cosnova GmbH, Am Limespark 2, 65843 Sulzbach / TS, Germany.

Please read these conditions carefully before sending an order to Cosnova GmbH. In the context of an order, you are requested to declare your consent to the validity of these General Terms and Conditions for your order.

Cosnova GmbH reserves the right to perform changes to its website, its rules and regulations and conditions including these General Terms and Conditions at all times. The General Terms and Conditions valid at the time of your order apply to your order, unless a change of these conditions is legally or officially required (in this case, they also apply to your prior orders) or a different version of General Terms and Conditions was negotiated with you. Cosnova GmbH is entitled to present special offers to you, which are subject to different conditions.

These General Terms and Conditions are available in German and English language.

 

2. Formation of the agreement

(a) Goods available at the Online Shop

You may purchase the products of Cosnova GmbH presented at the Online Shop.

(b) Contractual declaration when activating an order

To effect an order, you have to add the desired products to your virtual shopping cart, comply with the instructions during the ordering process and provide the requested information (e.g. your address, alternate delivery address, means of payment, type of dispatch) and confirm that you agree with the General Terms and Conditions for this website and the data protection regulations. Ultimately, you have to declare that you acknowledge the instructions regarding revocation of Cosnova GmbH. By clicking on the button "Zahlungspflichtig bestellen" (order subject to payment) or "Kaufen" (purchase) at the end of the ordering process, you are issuing a legally binding offer for the conclusion of a purchase agreement pertaining to the goods in your shopping cart (your "contractual declaration").

The illustration of the L.O.V online shop is optimised for mobile devices with a displayed resolution from 375 pixels (CSS width). If your mobile device has a lesser resolution, please conduct the order process in landscape format, as only this format allows the correct display of all contents.

By displaying goods in the Online Shop, Cosnova GmbH does not yet provide a binding offer for the conclusion of purchase agreements. The agreement between you and Cosnova GmbH after receipt of your contractual declaration at Cosnova GmbH is only formed with the order confirmation by Cosnova GmbH. This order confirmation occurs either with the dispatch of the goods or the dispatch confirmation via email, whereby the first event is decisive. The confirmation regarding the receipt of your order does not constitute an order confirmation.

(c) Assistance for your order

If you encounter difficulties with the lodging of your order via the Online Shop, please contact our customer service (see Item 8), which will assist you in lodging your order.

(d) Further regulations

These General Terms and Conditions are available in German and English language. Contracts can be concluded in German and English language.

Cosnova shall not store the text of the agreement (order data and General terms and conditions). However, it will be dispatched to you via email. Our General Terms and Conditions are also available in the Online shop at all times and can be printed via your Internet browser or saved on your computer.

 

3. Prices and payment conditions

(a) Prices

All prices are including statutory VAT. Any resulting shipping costs shall be displayed prior to issuing your order. Delivery is free of charge for orders of at least 25 EUR.

 (b) Payment conditions

You can pay for your order by credit card, Visa or MasterCard, direct transfer or PayPal.

 (c) Types of payment

Cosnova GmbH reserve the right to omit certain types of payment in individual cases. According to the payment conditions specified in this Item 3, the following types of payment are available:

(aa) Payment by credit card

Payment is possible with the following credit cards: Visa and MasterCard. In case of payment by credit card, your card is debited upon dispatch of the goods.

(bb) Payment via PayPal

For payments via PayPal, you are directly linked with PayPal.

(cc) Payment by direct transfer

In case of payment via direct transfer, you are linked directly with our service provider, Heidelberger Payment GmbH ("heidelpay"). 

(d) Default of payment

In the event of default of payment, we reserve the right to charge default interest according to the statutory regulations (currently five percentage points above base interest rate annually). Further statutory rights remain unaffected.

(e) Reservation of title

The supplied products remain the property of Cosnova GmbH up to complete payment.

(f)  Invoices

With your order, you declare your consent that the invoice for your order is transmitted electronically.

 

4. Terms of delivery

Unless otherwise agreed the delivery is performed to the address provided by you. During the ordering process, you receive information regarding the availability of the individual products (e.g. at the respective product detail page). Unless specified otherwise in the Online Shop, the delivery period is approx. 3-5 working days. The delivery period is calculated from the date of our dispatch confirmation.

We point out that all information regarding availability, dispatch or delivery of a product is merely anticipatory statements and approximate standard values. They do not constitute binding and/or guaranteed dispatch or delivery dates, unless explicitly determined as binding dates in the dispatch options of the respective product. Should Cosnova GmbH determine during the processing of your order that products you have ordered are not available, you shall be informed separately via email. Statutory claims remain unaffected.

If a delivery to you is not possible, i.e. because a delivery at the delivery address specified by you is not possible even though you were informed of the delivery time in due time or because you have specified an incorrect delivery address, you are responsible for the costs of the unsuccessful delivery attempt.

Please observe that a delivery can only be made to natural persons within the Federal Republic of Germany.

 

5. Prohibition of commercial on-selling

(a) Private usage and prohibition of commercial on-selling

The sale of the products occurs exclusively for private usage; any commercial on-selling of the products is strictly prohibited. Commercial on-selling of your customer account is also prohibited. 

(b) Sanctions in case of commercial on-selling

In the event of one or several breaches of the regulation in Item 5 (a) of these General Terms and Conditions, Cosnova GmbH is entitled to deactivate or delete your customer account.

 

6. Instruction on withdrawal

The following instruction on withdrawal applies if you order only one or several products from Cosnova GmbH in the context of a purchase agreement, which are delivered to you together:

 

INSTRUCTIONS ON WITHDRAWAL

Right of withdrawal 

You have the right to withdraw from this contract within 14 days without giving any reason. 

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. 

To exercise the right of withdrawal, you must inform us (Cosnova GmbH, Am Limespark 2, 65843 Sulzbach, Email: service@lov.eu) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. 

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. 

Effects of withdrawal 

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. 

You shall send back the goods or hand them over to us or, Cosnova GmbH

c/o docdata e-business GmbH

Kesslerweg 6

48155 Münster

without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us.

The deadline is met if you send back the goods before the period of 14 days has expired. We will bear the cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.  

END OF INSTRUCTION ON WITHDRAWAL

 

Model withdrawal form 

(complete and return this form only if you wish to withdraw from the contract) 

- To

Cosnova GmbH

Am Limespark 2

65843 Sulzbach

Email: service@lov.eu 

- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*), 

- Ordered on (*)/received on (*), 

- Name of consumer(s), 

- Address of consumer(s), 

- Signature of consumer(s) (only if this form is notified on paper), 

- Date 

___________

(*) Delete as appropriate. 

 

The following instruction on withdrawal applies if you have ordered several products from Cosnova GmbH in the context of one uniform order, which are delivered to you separately:

 

INSTRUCTIONS ON WITHDRAWAL

Right of withdrawal 

You have the right to withdraw from this contract within 14 days without giving any reason. 

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. 

To exercise the right of withdrawal, you must inform us (Cosnova GmbH, Am Limespark 2, 65843 Sulzbach, Email: service@lov.eu) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. 

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. 

Effects of withdrawal 

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. 

You shall send back the goods or hand them over to us or 

Cosnova GmbH 

c/o docdata e-business GmbH

Kesslerweg 6

48155 Münster

without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We will bear the cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. 

END OF INSTRUCTION ON WITHDRAWAL

 

Model withdrawal form 

(complete and return this form only if you wish to withdraw from the contract) 

- To

Cosnova GmbH

Am Limespark 2

65843 Sulzbach

Email: service@lov.eu 

- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*), 

- Ordered on (*)/received on (*), 

- Name of consumer(s), 

- Address of consumer(s), 

- Signature of consumer(s) (only if this form is notified on paper), 

- Date 

___________

(*) Delete as appropriate. 

 

 Information regarding the right of withdrawal

The right of withdrawal is excluded in case of agreements pertaining to the delivery of sealed products which are not suitable for return due to health protection reasons or hygiene, if their seal has been removed after delivery.

For the remainder, the statutory exceptions according to § 312 g (2) BGB (German Civil Code) apply.

For the simplification and acceleration of the processing of returns, we request that you use the returns form, which shall be sent to you via email from our customer service (service@lov.eu) upon enquiry. However, the utilisation of the returns form is not a prerequisite for the execution of your right of withdrawal and the assumption of the return costs by Cosnova.

 

7. Cosnova GmbH warranty for sold products

For all defects of the purchased goods occurred during the statutory warranty period, you entitled to the statutory warrant claims. If Cosnova GmbH has granted a seller's guarantee, the details are stipulated in the warranty conditions, which are respectively attached to the supplied goods. If you have been given a warranty pledge by Cosnova GmbH in the context of a registration, you shall be informed of the warranty conditions in the context of the registration. Your statutory claims and rights exist regardless of the warranty claims from any seller's warranty.

 If the subsequent fulfilment has occurred by way of replacement delivery, you are obligated to return the initially supplied goods to customer service of Cosnova GmbH at our expense within 30 days (see Item 8 below) or any other address specified by customer service. The return of the defect goods has to occur according to the legal regulations. Cosnova GmbH may also decide to have the goods picked up at your location at the expense of Cosnova GmbH.

Please observe that, in case of a partial withdrawal, a partial reimbursement of the copayment amount only occurs in the event of an actual amendment of the statutory copayment amount. This may not always be the case, depending on the respective value of the retained and the returned products.

 

8. Cosnova GmbH customer service

Please direct questions regarding our service and the supplied products to:

Cosnova GmbH

Am Limespark 2,

65843 Sulzbach,

Germany

Email: service@lov.eu

Phone: 00800 – 26766820, Monday to Friday 09:00 to 17:00 h

 

9. Data protection

In the context of processing the agreements concluded with you, Cosnova GmbH shall raise personal data pertaining to you. You have agreed to the collection, processing, storing and usage of this data by agreeing with the underlying online Privacy Policy of Cosnova GmbH.

You have the option to amend this data or revoke further usage of the stored data pertaining to your person under service@lov.eu at any time.

 

11. Liability limitation

Cosnova GmbH is unrestrictedly liable if the cause of damage is based on the intentional or gross negligent breach of duty by Cosnova GmbH, a legal representative or vicarious agent of Cosnova GmbH.

Cosnova GmbH is further liable for slightly negligent breaches of obligations essential to the agreement, the violation of which jeopardises the achievement of the contractual purpose or the fulfilment of which would generally enable the proper execution of the agreement and in which you may regularly trust. However, in this case, Cosnova GmbH is only liable for the foreseeable damage typical to the agreement. Cosnova GmbH is not liable for slightly negligible breach of other obligations not specified in the sentences above.

The liability limitations above do not apply in case of violation of life, limb and health, in case of the assumption of warranty and in case of fraudulently undisclosed defects. Liability according to the Product Liability Act remains unaffected. 

In as far as the liability of Cosnova GmbH is excluded or limited, this also applies for the personal liability of employees, representatives and organs as well as vicarious agents of Cosnova GmbH.

 

13. Final conditions

(a) Complaints / Arbitration

The EU Commission provides a platform for extrajudicial arbitration. This provides consumers with the opportunity to initially clarify disputes in connection with your online order without the involvement of a court. The arbitration platform is available under the external link http://ec.europa.eu/consumers/odr/. We do not participate in dispute resolution procedures. You are also welcome to contact us under service@lov.eu.

(b) Applicable law

The laws of the Federal Republic of Germany under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) apply.