Terms & Conditions

(1) These Terms & Conditions (hereinafter "T&C") of Cofana GmbH (hereinafter "Seller") apply to all contracts that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in its online shop.

(2) For entrepreneurs the following applies: Deviating, conflicting or supplementary general terms and conditions of the Customer shall only become part of the contract if and insofar as the Seller has expressly agreed to their validity.

(3) An entrepreneur within the meaning of these T&C is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.

(4) A consumer within the meaning of these T&C is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.

(1) The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.

(2) The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process.

(3) The Seller may accept the Customer's offer within five days,

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), or
• by delivering the ordered goods to the Customer, or
• by requesting payment from the Customer after the Customer has placed their order.

(4) The contract is concluded upon acceptance of the offer by the Seller. The automatic order confirmation does not yet constitute acceptance.

(1) Unless otherwise stated in the Seller's product description, the prices indicated are total prices (gross prices) that already include the statutory value added tax. Any additional delivery and shipping costs that may apply are stated separately in the respective product description.

(2) In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions or import duties and taxes.

(3) Payment is made by advance payment (bank transfer). No further payment methods are available to the Customer unless individually agreed otherwise.

(4) When the advance payment method is selected, the Seller provides the Customer with its bank details in the order confirmation and delivers the goods after receipt of payment.

(5) In the event of default in payment by the Customer, the Seller is entitled to charge default interest at a rate of 9 percentage points above the base interest rate towards entrepreneurs and 5 percentage points above the base interest rate towards consumers.

(1) Goods are delivered by shipping to the delivery address specified by the Customer, unless otherwise agreed.

(2) If the Seller delivers on the basis of the contract concluded with the Customer, the delivery time stated by the Seller is non-binding, unless a fixed delivery date has been bindingly promised.

(3) In the case of delivery by freight forwarder, delivery is made "kerbside", i.e. up to the kerb nearest to the delivery address that can be reached by truck.

(4) If the Customer provides incorrect information about their address, the costs of a renewed delivery shall be borne by the Customer.

(5) For entrepreneurs the following applies: The risk of accidental loss and accidental deterioration passes to the Customer as soon as the Seller has handed over the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment.

(1) The delivered goods remain the property of the Seller until full payment has been made.

(2) Towards entrepreneurs the following applies in addition: The Seller retains title to the goods until all claims arising from an ongoing business relationship have been settled in full.

(3) The Customer is obliged to treat the goods with care for the duration of the retention of title. In particular, the Customer is obliged to insure them adequately at their own expense against theft, fire and water damage at replacement value.

(4) The Customer may neither pledge the reserved goods nor assign them as security. In the event of seizures or other interventions by third parties, the Customer must notify the Seller immediately in writing.

(1) The statutory rights regarding defects apply.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage 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.

(3) For entrepreneurs the following applies by way of derogation: Obvious defects must be reported in writing within a period of two weeks from receipt of the goods; otherwise the assertion of the warranty claim is excluded. Timely dispatch is sufficient to meet the deadline.

(4) For entrepreneurs, the limitation period for claims for defects in the case of newly manufactured items is one year from the transfer of risk. The limitation period for claims for recourse pursuant to § 445a of the German Civil Code (BGB) remains unaffected.

(1) The Seller is liable to the Customer from all contractual, quasi-contractual and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:

(2) The Seller is liable without limitation on any legal grounds:

• in the case of intent or gross negligence,
• in the case of intentional or negligent injury to life, body or health,
• on the basis of a guarantee promise, insofar as nothing else is regulated in this respect,
• on the basis of mandatory liability such as under the Product Liability Act.

(3) If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless liability is unlimited under the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on whose compliance the Customer may regularly rely.

(4) In all other respects, liability of the Seller is excluded.

(5) The above liability provisions also apply with regard to the liability of the Seller for its vicarious agents and legal representatives.

(1) The following provisions apply additionally to contracts with entrepreneurs:

(2) There is no right of withdrawal for entrepreneurs. The statutory right of withdrawal only applies to consumers.

(3) The risk of accidental loss and accidental deterioration of the goods passes to the entrepreneur upon handover, or in the case of a sale by dispatch upon delivery of the item to the freight forwarder, the carrier or the person otherwise designated to carry out the shipment.

(4) Delivery dates and delivery periods are always deemed to have been agreed only approximately, unless a fixed date or a fixed period has been expressly promised.

(5) Partial deliveries are permissible insofar as they are reasonable for the entrepreneur.

(6) Offsetting against counterclaims of the entrepreneur or the retention of payments on account of such claims is only permissible if the counterclaims are undisputed or have been established by a final court ruling.

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) Towards a Customer who is an entrepreneur, the place of jurisdiction for all disputes arising from contractual relationships is Berlin.

(1) Should individual provisions of this contract be or become invalid, the validity of the remaining provisions shall not be affected thereby.

(2) The contract language is German.

(3) Version of these T&C: February 2026