Terms & Conditions

1 Scope of application

These terms and conditions of sale and delivery apply with respect to all agreements made between a cuckoo moment and the customer regarding the sale and delivery of items offered via shop.a-cuckoo-moment.de.


2 Legal notice regarding right of cancellation
Right of cancellation

You are entitled, within two weeks and without the requirement of stating reasons, to cancel the agreement in writing (e.g. letter, fax, email) or – if the goods had already been delivered to you within this period – by returning the said goods. This period starts to run after receipt of this written legal notice, but not however prior to receipt of the goods by the recipient (nor prior to the receipt of the first delivery where there is a repeated delivery of goods similar in type) and not before the fulfilment of the duty to provide information pursuant to 312c para. 2 German Civil Code in conjunction with Section 1 para. 1, 2 and 4 BGB-InfoV (German Civil Code Regulation on provision of information) as well as our obligations pursuant to 312 e para. 1 Sentence 1 German Civil Code in conjunction with Section 3 BGB-InfoV. The cancellation period is satisfied if the withdrawal notice or the goods are returned within the specified time. The cancellation notice should be addressed to:

a cuckoo moment…
Lia Fallschessel
Eichenbruch 1a
40468 Dusseldorf
email: shop@a-cuckoo-moment.de
Fax: +49 (0) 211 / 30 197 586

Consequences of cancellation:
If the agreement is effectively cancelled, both parties are to return the contractual performance each has respectively received and each must hand over to the other any benefits accrued (e.g. interest). If you are unable to return deliveries received from us or can only return the delivery partially or in a deteriorated condition, you will be liable to repay the reduction in value. This does not apply where goods are handed over and the depreciation in the value of the goods is wholly due to the examination of these said goods – as would be possible in a shop, for example. You are not required to compensate the loss in value due to deterioration caused through the intended use of the article.
The following applies for customers in Germany and Austria:
Goods consignable by package are to be returned at our risk. You will bear the costs of the return consignment if the delivered goods conformed to the order and the price of the goods to be returned does not exceed 40 Euro or if – where the price of the goods exceeds this amount – you have not yet paid the contractual price or a part payment in respect thereof at the time of the cancellation. Otherwise the return consignment can be made at no charge to you. Goods that are not consignable in package form will be collected from your address. Obligations in respect of reimbursement of payments must be fulfilled within 30 days. The period begins to run for you with the dispatch of your cancellation notice or the return consignment of the goods. The period relevant for us begins with the receipt of same.
Return deliveries from abroad (excluding Austria) are only free-of-charge in the event that goods are being exchanged.

End of the legal instruction on cancellation 


3 Cost allocation agreement
In the event that you exercise your right of cancellation, you will bear the regular costs of the return consignment where the delivered goods conformed to the order.


4 Offer and conclusion of contract

(1) The presentation of products in the Online Shop does not constitute a binding offer, but is instead only an invitation to place an order.

(2) By clicking the Order button, you are submitting a binding order for the goods listed on the order page. You place the order by entering all details required during the order process and then, in the Order summary page, by finally clicking on the Order button to send the order form to us.

(3) You will receive an email confirming that we have received your order. However, the agreement is only formed once the confirmation of order is sent to you by email.


5 Storage of contract text

Your order and the order data entered by you will be stored in your personal customer account. By entering your log-in data, as selected by you at the time of your initial registration, you can access your customer account at any time and have the option of printing your order, including all the data entered for it. You can also print out your order from the order confirmation page directly after you have completed the order. We will also send you a confirmation of order containing all information to the email address specified by you upon placement of the order.


6 Prices and shipping costs

(1) The prices displayed on the product pages include statutory VAT.

(2) In addition to the listed price, we also charge € 7.00 (excl. VAT) per order for delivery within Germany. Deliveries to Austria and Benelux are subject to a charge of € 15.00 (excl. VAT) per order. For Italy, Poland, Czech Republic, France, UK and Denmark we charge 20,00 € (excl. VAT) per order. Spain and Sweden € 25.00 (excl. VAT) per order. Switzerland and all other countries as agreed with UPS or FedEx.


7 Delivery

(1) Deliveries within the EU are carried out by DHL. Deliveries to all other countries will be performed as agreed (UPS or FedEx).

(2) In the event that we state the delivery periods and these delivery periods form the basis upon which the order is placed, these delivery periods will be extended in the event of industrial action and force majeure, the extension being equal to the time of the delay caused. The same applies in the event that you fail to satisfy any duties of cooperation.

(3) We are entitled to cancel the agreement if the order item is not available. We will contact you promptly in such an event to suggest, where appropriate, the delivery of an equivalent item. If no comparable item is available or if you do not want to receive a comparable item, we will promptly return to you any counter-performance (purchase price) already paid.

(4) If three attempts are made to deliver the goods without success, we may cancel the agreement. We will promptly reimburse to you any payments already made, less the costs incurred for the shipment.


8 Payment

(1) Payment may be made in advance (2% discount), by direct transfer (payment partner is the Sofort AG), by Paypal or Paypal Express (Paypal payment system for customer with no Paypal account).

(2) With the payment in advance option, we will provide you with our bank account details in the order confirmation and will deliver the goods after payment has been received.
(3) You only have a right of set-off, if your counterclaims have been established by a final legal judgement, are not in dispute or have been acknowledged by us in writing.

(4) You only may exercise a right of retention with respect to claims arising from the same contractual arrangement.


9 Retention of Title

The goods delivered remain our property until complete payment has been made. Prior to the transfer of ownership, it is not permitted to make the goods the subject of a lien, to use them for the purposes of providing collateral security or to transform them without our consent.


10 Guarantee

(1) We are liable in accordance with the statutory provisions with respect to any faults, unless limitations on this liability are imposed below.

(2) With respect to the delivery of new goods, claims in respect of defects are limited to a period of two years, starting from the time that risk passes. This does not apply in the case of compensation claims asserted in respect of faults. Compensation claims in respect of faults are governed by the provisions contained in Paragraph 11.

(3) We do not extend any legally binding warranties to the customer.

(4) We point out that the colours and quality of the goods as depicted on our website may deviate from actual colours and quality. It is possible that your computer system presents colours that deviate from the actual colours, and we have no influence over this discrepancy. Such discrepancies are not to be regarded as faults.


11 Liability for damage

(1) Our liability for breaches of contractual duties, as well as in tort, is limited to deliberate acts and gross negligence. This does not apply with respect to death, personal injury, claims in respect of breaches of cardinal duties and compensation for losses caused by delay (Section 286 German Civil Code). In this respect we are liable for every degree of culpability.

(2) The aforementioned exclusion of liability likewise applies with regard to slightly negligent breaches of duties on the part of our vicarious agents.

(3) In the event that liability for damage is not excluded with respect to slight negligence, and does not concern death or personal injury suffered by the customer, such claims are subject to a limitation period of one year starting from the time that the claim is established.

(4) In the event that liability to pay compensation is excluded or limited with regard to ourselves, this will also apply with respect to the personal liability of our employees, representatives and vicarious agents.


12 Miscellaneous

(1) The contractual relationship is governed by German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

(2) If you are dealing commercially, or are a public law corporation or a public law special fund, the court with jurisdiction to hear matters regarding this agreement will be that court with jurisdiction for our registered address.


Valid as of: 01.12.2013