Terms of service
Terms and Conditions (GTC)
§ 1 Scope, Provider
(1) These General Terms and Conditions apply to all orders placed by consumers and businesses (hereinafter referred to as "Customer") via the online shop at cozybilly.com with CozyBilly GmbH, In den Heidekämpen 42, 49088 Osnabrück (registered office: Osnabrück; hereinafter referred to as "Seller"). A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity (Section 13 of the German Civil Code).
(2) The version of these Terms and Conditions valid at the time of the order shall apply. Any differing terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity.
§ 2 Conclusion of contract
(1) The presentation of the products in the online shop does not constitute a legally binding offer, but rather a non-binding invitation to place an order.
(2) By clicking the “order with obligation to pay” button, the customer submits a binding offer to purchase the goods contained in the shopping cart.
(3) The seller will confirm receipt of the order immediately by email. This confirmation of receipt does not yet constitute acceptance of the offer. A purchase agreement is only concluded when the seller accepts the offer by means of an express order confirmation or by dispatching the goods.
(4) The language of the contract is German.
§ 3 Prices and shipping costs
(1) All prices are final prices in euros and include statutory VAT.
(2) Shipping within Germany is free. Any shipping costs for deliveries outside of Germany will be indicated separately during the order process.
(3) For deliveries from countries outside the European Union, additional customs duties, import VAT or fees may apply, which will be borne by the customer.
§ 4 Payment Terms
(1) The customer may choose from the payment methods offered during the ordering process.
(2) Payment is due upon conclusion of the contract.
§ 5 Delivery and delivery time
(1) Delivery shall be made to the delivery address specified by the customer.
(2) The delivery time is determined by the respective product description or the information on the "Shipping & Delivery" page.
(3) If a product is unavailable, the seller shall inform the customer immediately; any payments already made shall be refunded immediately.
§ 6 Retention of title
The delivered goods remain the property of the seller until the purchase price has been paid in full.
§ 7 Right of withdrawal
Consumers have a statutory right of withdrawal. Details can be found in the separate cancellation policy.
§ 8 Liability for Defects (Warranty)
(1) The statutory provisions regarding liability for defects apply. For consumers, the limitation period for claims due to defects in newly manufactured goods is two years from delivery of the goods.
(2) There shall be no reduction of the statutory warranty periods or exclusion of the statutory rights of consumers in respect of defects.
§ 9 Liability
(1) The seller shall be liable without limitation for damages resulting from injury to life, body or health, as well as in cases of intent and gross negligence.
(2) In the event of a slightly negligent breach of essential contractual obligations, liability is limited to the foreseeable damage typical for this type of contract. Otherwise, liability for slight negligence is excluded.
(3) Liability under the Product Liability Act remains unaffected.
§ 10 Dispute Resolution
The seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
§ 11 Final Provisions
(1) The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.
(2) Should individual provisions of these Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.