1.1
The following general terms and conditions apply to all orders that the consumer, hereinafter referred to as “you” or “customer”, places with COOKVISION, hereinafter referred to as “Breathandmore”, “us” or “we”.
1.2
The orders include all binding purchase actions for the products displayed on our homepage, both via the desktop view and the mobile website.
1.3
A customer within the meaning of this business agreement is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.
1.4
By using our homepage or clicking the “Complete order” button, you accept the general terms and conditions listed here (hereinafter “Terms and Conditions”).
1.5
We reserve the right to change the Terms and Conditions from time to time without notice. The version of the Terms and Conditions applicable to your order will be the one published on https://cookvision.com at the time you place your order.
2.1
The following regulations regarding the conclusion of the contract apply to orders via our online shop https://cookvision.nl
2.2
The presentation of the goods in our online shop does not constitute a legally binding contractual offer on our part, but is only a non-binding invitation to the customer to order goods. By ordering the desired goods, the customer makes a binding offer to conclude a purchase contract.
2.3
When an order is received in our online shop, the following regulations apply:
The customer submits a binding contract offer by successfully completing the ordering procedure provided in our online shop.
The order takes place in the following steps:
1) Selection of the desired goods
2) Confirm by clicking the “Order” button
3) Checking the information in the shopping cart
4) Press the “Checkout” button
5) Registration in the online shop after registering and entering the registration details (email address and password)
6) Select one of the payment methods offered
7) Re-checking or correcting the respective data entered.
8) Binding dispatch of the order.
Before the order is bindingly sent, the customer can go back to the website on which the customer's information is recorded and correct any input errors by pressing the "Back" button in the Internet browser he is using and after checking his details Closing the internet browser will cancel the ordering process.
We confirm receipt of the order immediately by an automatically generated email (“order confirmation”). With this we accept your order.
2.4
We save the contract text and send you the order details and our general terms and conditions by email. You can view the terms and conditions at any time at https://cookvision.com/policies/terms-of-service. You can view your past orders in our customer area under My Account --> My Orders.
3.1
The prices stated include statutory sales tax and other price components. In addition, there are any shipping costs.
3.2
Information for customers with delivery and billing addresses outside the EU: The import sales taxes, commissions and customs duties levied by the respective country are levied by the respective customs depending on the value of the goods and the weight of the delivery and are to be borne by the recipient (customer) when accepting the package .
3.3
Unless we have clearly stated otherwise in the product description, all items we offer are ready for immediate dispatch.
3.4
Delivery takes place via Deutsche Post, DHL or DPD. You will receive your individual tracking number after dispatch by email, via your customer account or upon request via customer service.
3.5
In the event that orders cannot be delivered in full or have to be split into several deliveries, you will not incur any additional shipping costs.
3.6
The stated delivery time is not a binding information, but is only intended as a guide for the customer. Although we strive for quick processing and prompt shipping, we cannot rule out unforeseeable events.
4.1
The customer has the following payment options:
1) PayPal
2) Shopify Payments (Visa, Mastercard, American Express, Maestro, UnionPay, Shop Pay, Google Pay, Apple Pay, Klarna, Ideal)
3) Instant transfer
4.2
If you pay in advance, we will only send the goods after receipt of payment.
4.3
If you pay by credit card, your account will be debited when the order is completed.
5.1
We retain ownership of the goods until they have been returned in full
6.1
You have the right to cancel this contract within 30 days without giving reasons.
The cancellation period is 30 days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.
To exercise your right of withdrawal, you must contact us (Breathandmore, Wikkestraat 11, 2153CD, Nieuw-Vennep, NL, Tel.: +31 6 1001 12 11, email : cookvisionnesto@gmail.com) by means of a clear statement (e.g. a letter sent by post, or email) of your decision to withdraw from this contract. You can use the attached sample cancellation form, although this is not mandatory.
In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
6.2
Consequences of revocation
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within 30 days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than 30 days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the deadline of 30 days has expired.
You bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
6.3
The costs of returning the goods from NL can be borne by us upon request using a return slip sent by email. If a package is sent without a return label labeled by us, there is no subsequent right to a refund of the shipping fees. For shipping from abroad, a flat rate of €5 may be charged upon proof of postal receipt.
End of revocation.
7.1
Breathandmore grants the return of the returned items in accordance with the provisions in Section 6 (right of withdrawal), as well as a request for an exchange, provided that all items were returned in the condition in which they were when the goods were received.
7.2
Damage upon arrival of the goods
If goods are delivered with obvious transport damage, please complain about such errors immediately to the delivery person and contact us as quickly as possible. Failure to make a complaint or contact us has no consequences for the customer's legal warranty claims and only serves to support the provider in asserting his claims against the company commissioned to deliver the goods or the insurance company.
7.3
claim
A request for a complaint about the goods must be sent in writing to info@cookvision.com. The email must also contain a picture and a description of the defects.
8.1
The limitation period for warranty claims for consumer goods ordered via Breathandmore is 12 months. This limitation does not apply to claims due to damages resulting from injury to life, body, health or from the violation of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely, as well as to claims due to other damages that are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
8.2
For entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), the legal provisions apply with the following modifications:
Only our own information and the product description are binding regarding the quality of the goods, but not public praise and statements and other advertising by the manufacturer. You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to report any obvious defects to us within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to defects discovered later upon discovery. If the obligation to inspect and give notice of defects is violated, the assertion of warranty claims is excluded. In the event of defects, we will, at our discretion, provide a guarantee through repair or replacement delivery (supplementary performance). In the event of repair, we do not have to bear the increased costs that arise from moving the goods to a location other than the place of performance if the delivery does not correspond to the intended use of the goods. The warranty obligation is one year from delivery of the goods.
9.1
If parts of these terms and conditions are not permitted or are declared invalid by a court or regulatory authority, the validity of the remaining provisions will not be affected.
9.2
The only contractual language available is English. German law is exclusively applicable between us and you.
9.3
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a customer is involved. Breath and more is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Terms and conditions as of February 14, 2024
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