terms and conditions
1. Scope
These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all orders placed via the order form as well as to orders received by Cooper Colours GmbH & Co KG in any other form. Any deviating terms and conditions of the customer shall only be recognized in the event of express written confirmation by Cooper Colours GmbH & Co KG. The present provisions of the GTC correspond to the current version. In the event of changes to these GTC, the version published on the Internet at the time of the order shall apply.
2. Contractual partner
The owner of this website and contract partner for online orders is:
Cooper Colours GmbH & Co KG
Inkustraße 1-7/Haus D/Stiege 4/EG
3400 Klosterneuburg, Austria
Company register number 385221 b,
Company register court LG Wiener Neustadt
3. Conclusion of contract
The customer’s order is considered a binding offer to conclude a purchase contract with Cooper Colours GmbH & Co KG for the ordered goods. Orders can be placed via our homepage www.coopercolours.com or in written form (mail: office@coopercolours.com or fax: 0043 2236311260). The purchase contract is concluded when Cooper Colours GmbH & Co KG either expressly accepts the order or actually fulfills it by sending the ordered goods, in each case within 14 days of receipt of the order by Cooper Colours GmbH & Co KG. After expiry of this period, the customer is no longer bound by his offer to conclude a contract.
Cooper Colours GmbH & Co KG only concludes contracts with natural persons with full legal capacity or with legal entities with residence or registered office in Austria or Germany. Contracts are only concluded with customers from third countries by prior separate agreement.
The contract, order and business language is German.
4. Delivery / performance reservation for non-deliverable goods
Cooper Colours GmbH & Co KG shall execute orders without unnecessary delay, in any case within 30 days. The goods shall only be dispatched after prior payment by the customer. The goods shall be delivered at the expense 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 shall bear all resulting costs.
Cooper Colours GmbH & Co KG 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% shall be deemed approved.
If the ordered goods cannot be delivered within 30 days or are no longer available, Cooper Colours GmbH may declare its withdrawal from the contract, even if the conclusion of the contract was previously confirmed. In the event of withdrawal, Cooper Colours GmbH shall inform the customer immediately of the unavailability and reimburse any payments already made by the customer without delay.
Your Cooper Colours order will be delivered to your doorstep 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 listed there apply to deliveries(https://www.dpd.com/at/de/agb/). If, in exceptional cases, the delivery is carried out by another parcel delivery service, the respective delivery conditions of that service will apply.
We make every effort to process your order within 24 hours, so that your order will be delivered within 3-4 working days within Austria and within 4-6 working days within Germany.
Deliveries are made Monday to Friday from 8:00 to 18:00, not on weekends or public holidays.
We also deliver orders personally within Vienna.
Information on specific delivery periods 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 as stated on the Cooper Colours GmbH & Co KG website shall be deemed agreed. The prices quoted include the value added tax applicable in Austria, but do not include shipping costs. The 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 charges in connection 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 & Co KG until full payment has been received.
The offsetting of claims is excluded. If the customer is a consumer, the right to offset shall only exist 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. In the case of goods, the period begins on the day they are received by the consumer. If the entrepreneurial information obligations pursuant to Section 5d (1) and (2) KSchG are not fulfilled, the withdrawal period shall be three months from the aforementioned date. If Cooper Colours GmbH & Co KG the information obligation within this 3-month period, the period of seven days begins with the date of transmission of the information by Cooper Colours GmbH & Co KG to run. Withdrawal does not require any particular form. It is sufficient if the declaration of withdrawal is sent within the deadline.
The notice of withdrawal must be sent to:
Cooper Colours GmbH & Co KG
Inkustraße 1-7/Haus D/Stiege 4/EG
3400 Klosterneuburg, Austria
In the event of withdrawal, Cooper Colours GmbH must reimburse the payments made by the customer and reimburse the necessary and useful expenses incurred by the customer for the item. In the event of withdrawal, the customer shall immediately return the service received and pay Cooper Colours GmbH reasonable compensation for the use of the service, including compensation for any associated reduction in the fair market value of the service.
Acceptance of the goods into the custody of the customer for inspection is not in itself to be regarded as use. However, it is pointed out 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 resulting loss of value in the amount of the value of the goods must be compensated by the customer. The customer shall bear the direct costs of returning the object of purchase.
There is no right of withdrawal in the case of contracts for services, the performance of which has been agreed with the customer within seven working days of conclusion of the contract, or for goods that are manufactured according to customer specifications, that are not suitable for return due to their nature, that can spoil quickly or whose expiry date has been exceeded. If the customer is an entrepreneur, withdrawal is excluded.
7. Warranty and liability
Liability for any defects in the purchased item is governed by the statutory warranty regulations. Please note that slight color deviations may be possible. Please contact us immediately in the event of any further color deviations or incorrect deliveries. The defective goods must be returned immediately and in full by the customer. With regard to any color deviations, please also refer to our technical data sheets, which are available on our homepage(www.coopercolours.com). Cooper Colours GmbH & Co KG shall only be liable for further claims, in particular for claims for damages of any kind, including loss of profit, damage caused by delay, etc., in the event of intent or gross negligence. This does not apply to personal injury if the customer is a consumer.
8. Technical information
Plans, illustrations, color samples, drawings, weight and dimensional data and similar technical information – including in brochures, circulars, advertisements, price lists, technical data sheets, safety data sheets and the like – are only approximate unless they are provided by Cooper Colours GmbH & Co KG. expressly designated as binding in writing. Minor deviations do not constitute a defect. Technical information is based on the latest state of the art and the experience of Cooper Coulors GmbH & Co KG. In view of the variety of substrates and object conditions (including weather conditions), the buyer is obliged to check the suitability of the goods for the intended use under the respective object conditions immediately after receipt and before further processing, in a professional and workmanlike manner. We would like to point out that the colors may appear differently depending on the light and environment. The written or verbal advice and instructions provided by Cooper Colours GmbH & Co KG are non-binding and do not release the customer from his duty to check the goods for their suitability for the intended use under the respective object conditions in a professional and workmanlike manner prior to processing or sale. In particular, the customer is obliged to check color shades for color accuracy before processing on the object. Minor deviations do not constitute a defect. In the event of mixing with third-party products, any warranty shall lapse.
9. Data protection and advertising
The Customer agrees that Cooper Coulors GmbH & Co KG may automatically collect, store, process and otherwise use his personal data such as first name, surname, zip code, address, telephone number, e-mail address, Internet address, date of birth, bank details for the purposes of concluding and processing the contractual relationship and for its own advertising purposes and may send him electronic mail for advertising purposes; the Customer may revoke this consent at any time.
10. Applicable law
The contracts concluded under inclusion of the GTC are subject to Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For contracts with consumers from an EU member state, their national mandatory consumer law provisions apply unless the respective Austrian provision is more favorable for the consumer.
For contracts with entrepreneurs, the court with subject-matter and local jurisdiction for the registered office of Cooper Colours GmbH & Co KG is agreed as the exclusive place of jurisdiction.
For contracts with consumers in Austria, a place of jurisdiction within the meaning of § 14 KSchG is deemed to be agreed.
For contracts with consumers from a member state of the EU, the consumer has the choice between his place of residence and the place of jurisdiction at the registered office of Cooper Colours GmbH & Co KG.
The place of performance of this contract is the registered office of Cooper Colours GmbH & Co KG.
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.