AGB
General Terms and Conditions of cork mobility GmbH
are concluded between
Cork Mobility GmbH, represented by Managing Director Tanja Kattinger, Am Molkenbrunnen 4, D-64287 Darmstadt, +49 160
4439063, info@cork-mobility.com, VAT identification no.: DE360786931
– hereinafter referred to as „cork mobility“ –
and the client designated in Section 1 (2) of these terms and conditions
– hereinafter referred to as „client“
Section 1 Scope of application, contractual basis, definitions
(1) The purchase contract concluded between the client as buyer and cork mobility as seller for the delivery of goods is exclusively
subject to the following General Terms and Conditions (GTC) in their respective valid version at the time of the order. The GTC in
their current version are available on our website, accessible at www.cork-mobilty.com under „GTC“. We expressly reserve the
right to make changes and additions. Any deviating general terms and conditions of the client shall not be recognised. This applies
even if cork mobility does not expressly object to the inclusion of the client’s GTC.
(2) All agreements made between the client and cork mobility in connection with the purchase contract arise, in particular, from
these GTC, our confirmation of receipt of order and our order acknowledgement.
(3) The client is a consumer insofar as the purpose of the ordered deliveries and services/performances cannot be mainly
attributed to their commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal entity or
partnership with legal capacity that is acting in the exercise of their commercial or independent professional activity when
concluding the contract.
Section 2 Conclusion of contract
(1) For the purpose of initiating the contract, the client may request that cork mobility inform the client, by telephone, post or email, of the conditions under which cork mobility can offer the client the requested goods. Based on the information received, cork
mobility may inform the client, without obligation, of the conditions under which it can offer the client the requested goods.
(2) By placing an order, the client makes a binding offer to purchase the product in question. Immediately after receipt of the offer,
cork mobility will send the client confirmation via e-mail that the offer has been received (confirmation of receipt of order). The
confirmation of receipt of order does not constitute acceptance of the offer.
(3) cork mobility has until the end of the second working day following the day of the offer (acceptance period) to accept the client’s
offer. The client’s offer is only considered accepted by cork mobility as soon as cork mobility declares its acceptance to the client
via e-mail within the acceptance period (order acknowledgement). The purchase contract with the client is only concluded upon
acceptance by cork mobility. The contract text (consisting of the offer (order), GTC and order acknowledgement) will be sent to
the client by cork mobility on a permanent data carrier (e-mail or paper printout) in the order acknowledgement or in a separate e-mail, but at the latest upon delivery of the goods. The text of the contract shall be stored in compliance with data protection
regulations.
(4) Contracts for orders from Germany shall be concluded exclusively in German. Contracts for orders from outside Germany
shall be concluded exclusively in English.
(5) If there is an overriding legitimate interest to do so within the meaning of Art. 6 (1)(f) GDPR – for example in the case of
advance performance or continuing obligations (contract for recurring services) – cork mobility reserves the right to carry out a
credit check before accepting the order.
Section 3 Delivery and performance time
(1) Unless expressly agreed as binding between the client and cork mobility, the delivery dates or delivery periods stated by cork
mobility are exclusively non-binding information.
(2) If a non-binding delivery date or a non-binding delivery period has been exceeded by four weeks, the client may ask cork
mobility in text form to deliver within a reasonable period of time. If cork mobility culpably fails to meet a delivery date or delivery
period expressly agreed as binding, or if cork mobility is behind schedule for any other reason, the client must set a reasonable
grace period within which cork mobility is to carry out its performance. If cork mobility allows this grace period to expire without
result, the client shall be entitled to withdraw from the purchase contract.
(3) Subject to the restrictions under Section 4 of these contractual conditions, cork mobility is otherwise liable to the client pursuant
to the statutory provisions if the client is entitled to invoke the loss of their interest in the fulfilment of the contract due to a delay
in delivery for which cork mobility is responsible.
(4) cork mobility is entitled to partial deliveries and partial performances at any time, provided this is reasonable for the client
Section 4 Rights in the event of delay and defects; liability
(1) Insofar as the delivered goods fail to
a) meet the requirements, i.e. lack the quality agreed between the client and cork mobility, or are not suitable for the use assumed
pursuant to the contract concluded between the client and cork mobility, or lack the agreed accessories and instructions, such as
laying and installation instructions,
b) comply with installation requirements (if installation is to be carried out),
cork mobility is obligated to provide supplementary performance.
(2) Unless the information contained therein has been expressly designated by cork mobility as binding, illustrations or drawings
contained in brochures, advertisements and other offer documents from cork mobility are only approximate; in this respect,
deviations in the delivered goods do not constitute a lack of fulfilment of the requirements for the goods within the meaning of the
preceding paragraph. The same applies if a deviation from the requirements for the goods has been expressly and separately
agreed by cork mobility with the client.
(3) If cork mobility is entitled to refuse supplementary performance on the basis of the statutory regulation, cork mobility shall not
be subject to the obligation of supplementary performance.
(4) If the client is a consumer, supplementary performance shall be effected at the client’s discretion by remedying the defect
(rectification) or delivery of new goods (subsequent delivery). In this case, the client who is a consumer must make the goods
available to cork mobility for the purpose of the supplementary performance. Furthermore, the client who is a consumer must
grant cork mobility a reasonable period for supplementary performance. The client who is a consumer is not entitled to reduce the
purchase price or withdraw from the contract during the supplementary performance. If cork mobility has attempted to rectify the
defect twice to no avail, this attempt shall be deemed to have failed. If the supplementary performance has failed, the client who
is a consumer shall be entitled, at their discretion, to reduce the purchase price or withdraw from the contract.
(5) If the client is an entrepreneur, cork mobility’s liability extends to the products delivered by cork mobility being free from defects
in accordance with the state of the art. The liability of cork mobility shall be excluded:
a) if the products delivered by cork mobility are not stored, installed, commissioned or used properly by the client or third parties;
b) in the event of natural wear and/or weathering;
c) if improper maintenance/care is carried out;
d) if unsuitable operating materials are used;
e) in the event of damage caused by repairs or other work (by the client or third parties) to which cork mobility has not granted its
express consent.
(6) If the client is an entrepreneur, they must inspect the product immediately upon receipt. Recognisable defects must be reported
to cork mobility in writing within one week of receipt of the product. Otherwise, the client shall deem the product to be approved.
Section 377 HGB [German commercial code] additionally applies.
(7) If the client is an entrepreneur, cork mobility may initially choose whether to provide supplementary performance by remedying
the defect (rectification) or by delivering a defect-free item (replacement delivery). If the client who is an entrepreneur deems the
type of supplementary performance chosen by cork mobility to be unreasonable in an individual case, the entrepreneur may reject
it.
(8) For clients who are entrepreneurs, the warranty period for items delivered by cork mobility is 12 months.
(9) The client may only assert claims for damages due to a defect if supplementary performance has failed. This shall not affect
the client’s right to assert further claims for damages in accordance with the paragraphs that follow.
(10) In accordance with statutory provisions, cork mobility is liable for damages to life, body and health which are caused by a
culpable breach of duty on the part of cork mobility, its legal representatives or its vicarious agents. Furthermore, in accordance
with statutory provisions, cork mobility is liable for other damages that are caused by intentional or grossly negligent breaches of
contract as well as fraudulent intent on the part of cork mobility, its legal representatives or its vicarious agents. If the scope of
application of the Produkthaftungsgesetz [Product Liability Act] is opened, cork mobility shall have unlimited liability in accordance
with its provisions.
Insofar as cork mobility has granted a quality and/or durability guarantee with regard to the delivered goods, cork mobility is also
liable within the scope of such a guarantee. If damage occurs that, although based on the absence of the quality or durability
guaranteed by cork mobility, does not occur directly on the goods delivered by cork mobility, the latter shall only be liable for this
if the risk of such damage is clearly covered by its own quality and durability guarantee.
(11) If damage due to a delay or defect is based on the simple negligent breach of a material contractual obligation, i.e. the simple
negligent breach of an obligation whose fulfilment is essential for the proper execution of the contract and on whose fulfilment the
client as buyer may regularly rely (such as the timely delivery of the goods), cork mobility’s liability shall be limited to the damage
which was foreseeable and typical for the contract at the time when it was concluded. The same applies if the client is entitled to
claims for damages instead of the performance.
(12) No further liability claims against cork mobility exist, regardless of the legal nature of the claims asserted by the client against
cork mobility. This shall not affect cork mobility’s liability pursuant to paragraph 10 above.
Section 5 Prices and shipping costs
(1) Prices communicated by cork mobility to clients who are entrepreneurs are net prices. The applicable statutory VAT is shown
separately. Prices communicated by cork mobility to the client who is a consumer show the total price (net price, VAT, gross price).
(2) Any freight, delivery or shipping costs incurred shall be communicated to the client by cork mobility during contract initiation
pursuant to Section 2 (1) sentence 2 of these GTC, insofar as these costs can reasonably be calculated in advance by cork
mobility at this time. If these costs cannot reasonably be calculated in advance by cork mobility at this time, cork mobility will
inform the client of these costs immediately after it becomes aware of the costs incurred. The corresponding costs are to be borne
by the client who is an entrepreneur. If the client is a consumer, the costs are to be borne by them, unless they exercise their right
of cancellation or an individual agreement that the delivery is free of shipping costs is made.
(3) The goods shall be dispatched by post or via a forwarding agent. If the client is a consumer, the shipping risk is borne by cork
mobility.
(4) In the event of cancellation of their declaration of intent to conclude the purchase contract, the client shall bear the direct costs
of returning the goods
Section 6 Terms of payment
(1) Unless otherwise agreed in writing, effective from the invoice date, payments shall be made free of charge to the bank account
specified by us at the conditions stated on the invoice without any further deductions. Payments shall only be deemed to have
been made when we have received the credit entry from the bank.
(2) If the client who is a consumer defaults on payment, cork mobility shall be entitled to charge the client who is a consumer
interest on arrears for the year at a rate of 5 percentage points above the respective key interest rate of the European Central
Bank (ECB).
(3) If the client who is an entrepreneur is in default of payment, cork mobility is entitled to charge the client who is an entrepreneur
interest on arrears for the year at a rate of 9 percentage points above the respective key interest rate of the European Central
Bank (ECB).
(4) The client’s obligation to pay interest on default does not exclude cork mobility’s assertion of further damages caused by the
default.
Section 7 Offsetting; right of retention
The client is only entitled to offset against claims of cork mobility if the client’s claims have been legally established or have been
recognised by cork mobility, or are undisputed. The client is also entitled to offset against claims of cork mobility if the client asserts
notices of defects or counterclaims from the same purchase contract. The client may only exercise a right of retention if the client’s
counterclaim is based on the same purchase contract.
Section 8 Retention of title
The delivered goods (reserved goods) shall remain the property of cork mobility until all claims arising from the business
relationship have been paid in full.
Section 9 Cancellation policy
(1) Clients who are consumers have a statutory right of cancellation when concluding a distance selling transaction. Below, cork
mobility provides information in accordance with the statutory provisions. The exceptions to the right of cancellation are regulated
in paragraph (2). A sample cancellation form is provided in paragraph (3).
Right of cancellation
Cancellation policy
You have the right to cancel this contract within fourteen days without stating any reason.
The cancellation period is fourteen days effective from the day on which you, or a third party appointed by you who is
not the carrier, has taken possession of the goods.To exercise the right of cancellation, you must inform us (cork mobility GmbH, represented by Managing Director Tanja
Kattinger, Am Molkenbrunnen 4, D-64287 Darmstadt, +49 160 4439063, info@cork-mobility.com) of your decision to
cancel this contract by means of a clear statement (e.g. a letter sent by post or via e-mail). You may use the attached
sample cancellation form, but this is not mandatory.To uphold the cancellation period, it is sufficient for you to send your notification of exercising your right of cancellation
before the cancellation period expires.Consequences of cancellation
If you cancel this contract, all payments received from you shall be reimbursed, 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 fourteen days from the day on
which we are informed of your decision to cancel this contract. The reimbursement shall be carried out using the same
means of payment used by you for the original transaction, unless expressly agreed otherwise with you; you will not be
charged any fees for this reimbursement under any circumstances. We may withhold the reimbursement until we have
received the goods back or until you have provided proof of having returned the goods, whichever is the earliest.You must return the goods to us or transfer them to us immediately and in any case at the latest within fourteen days of
the day on which you inform us of the cancellation of this contract. This period is deemed to be upheld if you dispatch
the goods before the fourteen-day period has expired.The direct costs of returning the goods shall be borne by you.
You will only be liable for any loss in value of the goods if this loss in value is due to any unnecessary handling of the
goods by you for the purpose of checking their condition, properties and functionality.(2) The following contracts are not subject to the right of cancellation:
a) contracts for the supply of goods which are not prefabricated and whose manufacture requires an individual selection or
determination by the consumer, or which are clearly tailored to the consumers‘ personal needs,b) contracts for the delivery of goods which, due to their nature, have been inseparably mixed with other goods following delivery.
(3) The following information relating to the sample cancellation form is provided by cork mobility in accordance with the applicable
statutory provisions:Sample cancellation form
(If you wish to cancel the contract, please complete and return this form.)
— To: cork mobility GmbH, represented by Managing Director Tanja Kattinger, Am Molkenbrunnen 4, D-64287
Darmstadt, info@cork-mobility.com
— I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/service
(*)
— Ordered on (*)/received on (*)
— Reason for cancellation
— Consumer name(s)
— Consumer address(es)
— Date
— Consumer signature(s)(*) Delete as appropriate
Section 10 Final provisions
(1) Contracts between cork mobility and the client shall be subject to the laws of the Federal Republic of Germany, excluding the
UN Convention on Contracts for the International Sale of Goods. This shall not affect the statutory provisions on the restriction of
the choice of law and the applicability of mandatory provisions, in particular those of the state in which the client as a consumer
habitually resides.
(2) If the client is an entrepreneur, a legal entity under public law or a special fund under public law, the place of jurisdiction for all
disputes arising from contractual relationships between the client and cork mobility shall be the headquarters of cork mobility.
(3) Even if individual points of the contract are legally ineffective, its remaining points shall remain binding. The ineffective points
shall be replaced by the applicable statutory provisions, if available. If, however, this would represent an unreasonable hardship
for one of the contracting parties, the contract as a whole shall become invalid.