terms and conditions

1. Scope

These general terms and conditions (hereinafter “GTC”) apply to all orders placed via the order form as well as to orders placed in in another form at Cooper Colors GmbH. Deviating conditions of the customer will only be recognized in the event of explicit written confirmation by Cooper Colors GmbH. The present provisions of the terms and conditions correspond to the current version. In the event of a change to these terms and conditions, the version published on the Internet at the time of the order applies.

2. Contractual partner

The owner of this website and contract partner for online orders is:
Cooper Colours GmbH
Johann-Steinböck.Str. 5, 2345 Brunn am Gebirge
Commercial register number 385221 b,
Commercial Register Court LG Wiener Neustadt

3. Conclusion of contract

The customer’s order constitutes a binding offer to conclude a purchase contract with Cooper Colors GmbH for the goods ordered. Orders can be placed on our website www.coopercolours.com or in writing (mail: office@coopercolours.com or fax: 0043 2236311260). The purchase contract is concluded when Cooper Colors GmbH either explicitly accepts the order or actually complies with it by sending the ordered goods within 14 days of the order being received by Cooper Colors GmbH. After this period, the customer is no longer bound to his offer to conclude a contract.
Cooper Colors GmbH only concludes contracts with fully legally competent natural persons or with legal persons domiciled or domiciled in Austria or Germany. Contracts are only concluded with customers from third countries after prior separate agreement.
The contract, order and business language is German.

4. Delivery / performance reservation for non-deliverable goods

Cooper Colors GmbH carries out orders without an unnecessary delay, at least within 30 days. The goods will only be dispatched after the customer has paid in advance. The goods are delivered at the cost and risk of the customer to the address specified by the customer. In the event of incomplete or unclear information provided by the customer, the customer bears all costs arising therefrom.
Cooper Colors GmbH is entitled to deliver the order in reasonable partial deliveries – this does not apply if the customer is a consumer.
Excess or short deliveries of up to 10% are considered approved.
If the ordered goods cannot be delivered within 30 days or are no longer available, Cooper Colors GmbH can declare the contract to be withdrawn, even if the contract has been confirmed beforehand. In the event of withdrawal, Cooper Colors GmbH will inform the customer immediately of the unavailability and will immediately refund any consideration already paid by the customer.
Your Cooper Colors order will be delivered to your door by a supplier. As a rule, our deliveries are made by DPD Direct Parcel Distribution Austria GmbH. We would like to point out that the conditions stated there apply to the deliveries (https://www.dpd.com/at/de/agb/). If, by way of exception, the delivery is carried out by another parcel delivery service, the respective delivery conditions apply.

We make every effort to process your order within 24 hours so that your delivery within Austria takes place within 3-4 working days and within Germany within 4-6 working days.
Deliveries are made Monday to Friday from 8:00 a.m. to 6:00 p.m., not on weekends or public holidays.
Within Vienna, orders are also delivered by us personally.
Information about specific delivery times is non-binding and we cannot guarantee that a specific delivery date will be met, as this is beyond our control.

Deliveries are made exclusively in Austria and Germany. If you have a request for a different destination, please contact us by email at office@coopercolours.com.

5. Purchase price

The purchase price stated on the Cooper Colours GmbH website shall be deemed to have been agreed. The prices quoted include Austrian value added tax but exclude shipping costs. Shipping costs are shown separately for each order during the ordering process.
Deliveries outside the EU may be subject to import duties and taxes. Any additional fees associated with customs clearance shall be borne by the customer.
Payment for ordered goods shall be made by credit card or similar e-commerce payment methods. The goods remain the property of Cooper Colours GmbH until full payment has been received.
The offsetting of claims is excluded. If the customer is a consumer, the right to offset claims only exists if the claim is undisputed, legally established or related to the consumer’s liability.
In the event of late payment, Cooper Colours reserves the right to charge reminder fees and interest on arrears.

6. Right of withdrawal

If the customer is a consumer, he may withdraw from a contract concluded by distance selling or from a declaration made by distance selling without giving reasons in accordance with § 5e KSchG (Austrian Consumer Protection Act).

The withdrawal period is seven days, whereby Saturday does not count as a working day. For goods, the period begins on the day of their arrival at the consumer’s premises. If the business information obligations under Section 5d (1) and (2) of the Austrian Consumer Protection Act (KSchG) are not fulfilled, the withdrawal period is three months from the aforementioned date. If Cooper Colours GmbH fulfils its information obligations within this three-month period, the seven-day period shall commence on the date on which Cooper Colours GmbH provides the information. Withdrawal does not require any specific form. It is sufficient if the declaration of withdrawal is sent within the withdrawal period.

The notice of withdrawal must be sent to:

Cooper Colours GmbH
Johann-Steinböck-Str. 5
2345 Brunn am Gebirge
office@coopercolours.com

In the event of withdrawal, Cooper Colours GmbH shall reimburse the payments made by the customer and compensate the customer for any necessary and useful expenses incurred in relation to the item. In the event of withdrawal, the customer shall immediately return the service received and pay Cooper Colours GmbH reasonable compensation for its use, including compensation for any associated reduction in the fair market value of the service.
The transfer of the goods into the custody of the customer for inspection shall not in itself be considered use. However, it should be noted that the goods must be returned in their original packaging in a resalable condition. Due to the nature of the goods, opening the original packaging means that they cannot be resold. The loss in value caused by this, amounting to the value of the goods, must be compensated by the customer. The customer shall bear the direct costs of returning the purchased item.
There is no right of withdrawal for contracts for services whose performance has been agreed with the customer to commence within seven working days of the conclusion of the contract, or for goods that are manufactured to customer specifications, are not suitable for return due to their nature, are perishable or have exceeded their expiry date.
If the customer is a business, revocation is excluded.

7. Warranty and liability

Liability for any defects in the purchased item is governed by the statutory warranty provisions. Please note that minor colour deviations are possible. In the event of significant colour deviations or incorrect deliveries, please contact us immediately. The defective goods must be returned by the customer immediately and in full. With regard to possible colour deviations, please also refer to our technical data sheets, which are available on our website (www.coopercolours.com). Cooper Colours GmbH shall only be liable for further claims, in particular for claims for damages of any kind, including loss of profit, damage caused by delay and the like, in cases of intent or gross negligence. This does not apply to personal injury if the customer is a consumer.

8. Technical information

Plans, illustrations, colour samples, drawings, weight and measurement specifications and similar technical information – including those contained in brochures, circulars, advertisements, price lists, technical data sheets, safety data sheets and similar documents – are only approximate unless expressly designated as binding in writing by Cooper Colours GmbH. Minor deviations do not constitute a defect. Technical information is based on the latest state of the art and the experience of Cooper Colours GmbH. In view of the variety of substrates and object conditions (including weather conditions), the buyer is obliged to check the goods immediately upon receipt and before further processing, on their own responsibility, to ensure that they are suitable for the intended use under the respective object conditions, in a professional and workmanlike manner. We would like to point out that colours may appear different depending on light exposure and the environment. Written or verbal advice and instructions provided by Cooper Colours GmbH are non-binding and do not release the customer from their obligation to check the suitability of the goods for their intended use under the respective conditions of the object in a professional and workmanlike manner before processing or sale. In particular, the customer is obliged to check the colour tones for accuracy before processing on the object. Minor deviations do not constitute a defect. Any warranty shall lapse if the product is mixed with third-party products.

9. Data protection and advertising

The customer agrees that Cooper Coulors GmbH may collect, store, process and otherwise use their personal data, such as first name, surname, postcode, address, telephone number, email address, internet address, date of birth and bank details, for the purposes of concluding and executing the contractual relationship and for its own advertising purposes, and may send them electronic mail for advertising purposes. The customer may revoke this consent at any time.

10. Applicable law

Contracts concluded under the General Terms and Conditions are subject to Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods. For contracts with consumers from an EU member state, the mandatory consumer protection provisions of that country apply, unless the respective Austrian provision is more favourable to the consumer.
For contracts with entrepreneurs, the court with subject-matter and local jurisdiction for the registered office of Cooper Colours GmbH is agreed as the exclusive place of jurisdiction.
For contracts with consumers in Germany, a place of jurisdiction within the meaning of § 14 KSchG (Consumer Protection Act) is agreed.
For contracts with consumers from an EU member state, the consumer has the choice between the court of their place of residence and the place of jurisdiction at the registered office of Cooper Colours GmbH.
The place of performance of this contract is the registered office of Cooper Colours GmbH.

11. Severability clause

Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.