General Terms and Conditions

1. Scope and Seller Information

1.1 These General Terms and Conditions apply to all contracts concluded through the online shop at www.cool-down.online between

cool down germany
Owner: Michael Senn
Graubergen 9
21218 Seevetal
Germany

Phone: +49 151 540 78 990
Email: m.senn@cool-down.online
Customer service: info@cooldowngermany.com

– hereinafter referred to as the “Seller” – and the respective customer.

1.2 Our products are offered to both consumers and businesses.

A consumer is any natural person who enters into a legal transaction primarily for purposes that cannot be attributed to their commercial or self-employed professional activity.

A business customer is a natural or legal person or a partnership with legal capacity that enters into a legal transaction in the course of its commercial or self-employed professional activity.

1.3 In relation to business customers, any conflicting or supplementary terms and conditions of the customer shall apply only if we have expressly agreed to them.

2. Conclusion of the Contract

2.1 The presentation of products in the online shop does not constitute a legally binding offer. It is an invitation to the customer to submit an order.

2.2 The customer may place the desired products in the shopping cart. Before submitting the binding order, the customer may review and correct their entries using the functions provided during the ordering process.

2.3 By clicking the final order button, the customer submits a binding offer to purchase the products contained in the shopping cart.

2.4 We may accept the customer’s offer within two business days by:

– sending an express order confirmation by email,
– sending a shipping confirmation by email,
– dispatching the ordered goods, or
– requesting or collecting payment.

The contract is concluded when the first of these events occurs.

2.5 An automatically generated confirmation that the order has been received does not, by itself, constitute acceptance of the customer’s offer unless the message expressly states that the order has been accepted.

2.6 If we do not accept the offer within the period specified in Section 2.4, no contract is concluded. Any payments already collected will be refunded without undue delay.

2.7 After submitting the order, the customer will receive the order details by email. These General Terms and Conditions may be accessed, saved and printed before the order is submitted.

2.8 We store the contract text after the contract has been concluded. The order details and the contractual terms applicable at the time of conclusion will be sent to the customer by email. If the customer has created a customer account, the order details may also be viewed there.

2.9 The contract may be concluded in German or English. If German is selected, the German version of the contractual terms shall apply. If English is selected, the English version shall apply.

3. Prices and Shipping Costs

3.1 All prices displayed in the online shop are total prices and include statutory value-added tax.

3.2 Any additional shipping costs will be displayed in the online shop and no later than before the customer submits the binding order.

3.3 The prices displayed in the online shop at the time the order is submitted shall apply.

3.4 Subsequent price changes shall not affect contracts that have already been concluded.

4. Payment Terms

4.1 The customer may use the payment methods displayed in the online shop and during the checkout process.

4.2 The available payment methods include, in particular, PayPal and the payment methods offered through Shopify Payments during the respective checkout process.

4.3 The payment methods available in each individual case may depend on factors such as the order value, the device used and the requirements of the respective payment service provider.

4.4 The purchase price is due for payment upon conclusion of the contract unless a different due date is specified for the selected payment method.

4.5 When using a payment service provider, the additional contractual terms and privacy policies of that provider may apply.

5. Delivery and Shipping

5.1 Delivery is currently available only to delivery addresses within Germany.

5.2 The applicable delivery time is stated on the relevant product page or during the checkout process.

5.3 Orders received and fully paid by 12:00 noon from Monday to Friday on a regular business day are generally dispatched on the same day.

5.4 Orders received after 12:00 noon, on a weekend or on a public holiday at our place of business are generally dispatched on the next business day.

5.5 The information in Sections 5.3 and 5.4 relates to the usual dispatch time and does not constitute a guarantee of delivery on a particular date.

5.6 If delivery of an order is delayed, we will inform the customer without undue delay.

5.7 In the case of consumers, the risk of accidental loss of or accidental damage to the goods generally passes only when the goods are handed over to the consumer or to a recipient designated by the consumer.

5.8 In the case of business customers, the risk of accidental loss of or accidental damage to the goods passes when the goods are handed over to the carrier commissioned to transport them.

6. Retention of Title

The goods remain our property until the purchase price has been paid in full.

7. Right of Withdrawal for Consumers

7.1 Consumers generally have a statutory right of withdrawal.

7.2 Details regarding the right of withdrawal, the withdrawal period, the consequences of withdrawal and the costs of returning the goods are set out in our separate Right of Withdrawal Policy.

7.3 Business customers do not have a statutory right of withdrawal.

8. Statutory Rights in Respect of Defects

8.1 The statutory rights in respect of defects apply.

8.2 If the goods delivered are defective, the customer is entitled in particular to the statutory right to supplementary performance and, where the statutory requirements are met, to withdraw from the contract, reduce the purchase price or claim damages.

8.3 An additional guarantee exists only if it has been expressly provided for a particular product. Any additional guarantee does not restrict the customer’s statutory rights in respect of defects.

8.4 If the customer is a merchant and the purchase constitutes a commercial transaction for both parties, the statutory inspection and notification obligations apply.

The customer must inspect the goods without undue delay after delivery and notify us without undue delay of any apparent defects. Defects that become apparent later must be reported without undue delay after their discovery.

8.5 Section 8.4 does not apply to consumers or to business customers who are not merchants within the meaning of the German Commercial Code.

9. Medical Devices and Instructions for Use and Safety

9.1 For products labelled as medical devices, the intended purpose and the instructions relating to use, safety, warnings, storage and contraindications stated on the product, its packaging and in the accompanying instructions for use must be observed.

9.2 Medical devices may only be used in accordance with their intended purpose and the applicable instructions for use.

9.3 Damaged products must not be used. Unauthorised modifications to the products are not permitted.

9.4 If there is any uncertainty regarding use, pre-existing medical conditions or unusual symptoms, qualified medical advice should be obtained.

9.5 Product defects, quality problems or possible adverse incidents may be reported to the following email address, including the product name, batch number, a description of the incident and, where available, relevant photographs:

m.senn@cool-down.online

9.6 The provisions above do not restrict the customer’s statutory rights in respect of defects or our statutory liability.

10. Liability

10.1 We shall be liable without limitation:

– in cases of intent and gross negligence,
– for damage resulting from injury to life, body or health,
– where a defect has been fraudulently concealed,
– where an express guarantee has been provided,
– under the provisions of the German Product Liability Act, and
– in all other cases in which liability is mandatory under applicable law.

10.2 In the event of a slightly negligent breach of an essential contractual obligation, our liability shall be limited to the foreseeable damage typical for this type of contract.

Essential contractual obligations are obligations whose fulfilment is necessary for the proper performance of the contract and on whose fulfilment the customer may regularly rely.

10.3 Liability for the slightly negligent breach of non-essential contractual obligations is excluded to the extent permitted by law.

10.4 The liability provisions above apply accordingly to our legal representatives, employees and agents.

11. Data Protection

Information regarding the collection, processing and use of personal data is provided in our separate Privacy Policy.

12. Consumer Dispute Resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

13. Applicable Law and Place of Jurisdiction

13.1 The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods.

13.2 In the case of consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection provided by mandatory provisions of the law of the country in which the consumer has their habitual residence.

13.3 If the customer is a merchant, a legal entity under public law or a special fund under public law, our place of business shall, to the extent permitted by law, be the place of jurisdiction for all disputes arising from the contractual relationship.

14. Amendments to these General Terms and Conditions

14.1 The version of these General Terms and Conditions made available to the customer at the time of the order shall apply to the respective contract.

14.2 Subsequent amendments to these General Terms and Conditions shall not affect contracts already concluded unless separately agreed.

15. Final Provisions

If any provision of these General Terms and Conditions is or becomes wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The applicable statutory provisions shall replace the invalid provision.

Last updated: July 2026