Cocoon Term’s & Condition’s

General Terms and Conditions of the web portal cocoon.net and  of the online shop operated by Cocoon Music Event GmbH, Carl Benz Str. 21, 60386 Frankfurt, Germany.

  • 1. The Terms and Conditions (hereinafter called “TCs”) shall apply to all business relationships between Cocoon and the customer as defined at the time of conclusion of the contract.

  • 2. Our TCs shall apply exclusively. Conflicting conditions or conditions differing from the ones indicated in our TCs cannot be accepted, unless explicitly approved of by Cocoon in writing in individual cases.

Service Provider

Cocoon Music Event GmbH

Managing  Director: Tanja Rohe and Edgar DirksenCarl Benz Str. 2160386 Frankfurt+49 69 9596750info@cocoon.net

Value added tax identification number:  VAT: DE 179800084

Scope of Supply and Services

On the web portal cocoon.net Cocoon offers vinyl records, CDs, accessories, clothing and merchandise (hereinafter called “goods”). The goods offered only show a part of our complete range of products. Upon request, we will provide you with additional information about our entire product portfolio and the latest arrivals. 

Ordering Procedure and Formation of Contract

The presentation of the product range of Cocoon on the Internet does not constitute an offer pursuant to section § 145 ff. of the German Civil Code. Our offers are non-binding and subject to change. The product characteristics are provided in the description of each product.

  • 1. The items you have selected are added to the shopping cart “Add to cart”. You can review, update or remove the content of your cart “Shopping cart” at any time. 

  • 2. Our customer are prompted to enter their personal information, billing address and/or delivery address. 

  • You are responsible for the correctness and accuracy of your personal information. 

  • If you are less than 18 years of age, your parent or guardian agree to the registration and ordering process and related data.

  • In registering on the site or placing any order for alcohol you confirm that you are over 18. No contract shall exist between us and anyone under 18 who attempts to order or to take delivery of alcohol. If our delivery partner (e.g. DHL, UPS) are in any doubt about this they will not leave the goods and the sale will be cancelled.

  • 3.  You will find a clearly visible link to our TCs. You will then have to select one of the payment methods, and enter all of the information required. At the end of the check-out, and in order to complete the transaction, you have to click on the marked “Purchase” button. Completing an order through Cocoons online store represents a binding offer of purchase to Cocoon by the customer.

  • 4. After you have placed your order, you will receive an automatic order confirmation by e-mail. Here, you are given a summary of your order and a link to our TCs including the written notice of cancellation. Please check the confirmation of receipt for typographical or calculation errors, as well as for discrepancies between order, confirmation and delivery information. You are obliged to notify us immediately of such discrepancies. We are entitled to accept your offer within two weeks after receipt of your order. We also have the right to reject acceptance of your order by reason of your creditworthiness or should you fail to fulfill any obligation when due. In case the number of items or tickets you order exceeds a certain limit, we also reserve the right to decline you order to prevent that large quantities of goods are purchased from us for the purpose of resale. We will notify you immediately in case of non-availability of ordered goods and refund any payment already made by you as soon as possible. The contract is concluded as soon as we accept your order by delivering the goods, or by sending the dispatch note within the delivery time as stated.

Shipping Costs

Prices of goods do not include shipping costs. By clicking on the “Shipping” button in the main menu of our website, you can see the exact shipping costs; you will also find the exact shipping costs in your “Order summary” before completing your order. In some Non-EU countries, customs, duty or special taxes may be incurred on importation into a country. These charges have to be paid by the customer. We have no control over these charges and cannot provide an estimate of what they may be. But in most cases, none of the above mentioned charges are collected. Packaging shall become the property of the customer upon receipt of goods. 

Delivery, Default of Acceptance

Shipping partner is the Deutsche Post AG or DHL. Please check the current terms of delivery at the General Terms and Conditions of the shipping partners at Deutsche Post and DHL. Cocoon will ship the goods you ordered without delay to the address stated in your order, and subject to availability. Conclusion of contract is subject to correct and timely delivery by our own subcontractors, but only in cases in which we are not responsible for the failure to deliver. In case the customer is in default of acceptance, or if delivery is delayed for reasons for which the customer is responsible, or if the customer for any other reason delays in accepting the goods, the customer’s bears the resulting additional costs, in particular the incurred storage costs and the costs involved in returning the goods back to Germany (approx. 20 €). In case the customer is in default of acceptance, or if delivery is delayed for reasons for which the customer is responsible, or if the customer for any other reason delays in accepting the goods, the customer’s bears the resulting additional costs, in particular the additional costs for 2nd time delivery/service attempt; for this second time delivery, the customer will also be charged a non-recurring fee of 20 € as well as any incurred storage costs.

Delivery Times

The delivery period starts upon the date of receipt of payment. Please send us an e-mail if you do not receive your shipment within the delivery times stated below. We will then start an investigation to find out what has happened to your shipment.

  • Germany: max. 4 working days upon receipt of payment

  • Europe: max. 7 working days upon receipt of payment

  • World: max. 15 working days upon receipt of payment - except South America especially Mexico: up to 4-6 Weeks.

Prices, Terms of Payment, Maturity, Invoice

You can see the price of each item by clicking on the label of the selected item. All prices quoted in our online shop include the VAT of 19% applicable in Germany and packaging. All price components are listed separately; a summary of all the price components is also given on the right side of your order. All prices for products quoted exclude shipping costs. Goods are invoiced at prices in force at the time of your order. The period of validity of prices of special offers is stated at the corresponding places on our website; their prices are valid while stocks last.

  • Payment Methods

1. Credit Card

Should you like to pay by credit card, please fill in the necessary information and state the credit card security number given on the recto of your credit card (CVV, CVC, three figures). When payment is made by credit card, your credit card will be charged with the amount due. We accept Mastercard, Visa, American Express, JBC. After careful verification, we reserve the right to reject orders paid by credit card.

PayPal

For customers using PayPal as payment method, no fees or additional costs will be charged. PayPal offers a fast and safe way to make online payments. PayPal is an Internet bank where you have an Internet account. Choose the payment method in the PayPal window. Precondition for this is that you already have a PayPal account or that you open an account with PayPal. For more information, please check Paypal

  • Our PayPal account is paypal@cocoon.net

Withdrawal

According to the Distance Selling Act (pursuant to Appendix 1 as referred to in Article 246a section 1 (2) sentence 2 of the Introductory Act to the German Civil Code (EGBGB), the customer (consumer) who acts for private purposes has the right to withdraw from the contract with Cocoon, please see our Return Policy.

Passing of Risk

The risk of any accidental loss or deterioration of the goods shall pass on to the customer upon transfer of the goods to a forwarding agent (carrier, shipping company) or any other person or institution charged with the shipping of the goods. In case of customers who are consumers, the risk in the goods shall pass on to the customer upon delivery. In case the customer is in default of acceptance, the risk of accidental loss or accidental deterioration of the goods shall pass on to the customer at the time the default of accepting delivery occurs.

Miscellaneous and Final Provisions

  • The customer is obliged to notify Cocoon immediately about a change of address. If the customer fails to notify Cocoon about a change of address, the last notified address is considered the valid address.

  • The customer may only set off with indisputable claims or claims confirmed in writing by Cocoon. The right of retention can be exercised only if the counterclaim is based on the same contractual relationship.

  • The laws of the Federal Republic of Germany shall be applied without collision or reference norms applicable in Private International Law and under the exclusion of the United Nations Convention on Contracts for the International Sale of Goods, the latter shall be applied as far as the customer is an enterprise. The Rules on the Choice of Law do not apply if the consumer protection legislation in the home country of the customer who is consumer, are more favourable.

  • Any amendments, changes and supplements to this agreement must be made in writing. The same is applicable to the in writing requirement issue itself.

  • If an individual provision of these TCs is or becomes completely or partially invalid, the legal validity of the other terms remain unchanged. Any invalid part is to be replaced by a term or condition that serves the commercial purpose of the original most closely. The same shall apply to any lacunae.

Cocoon, Octobre 2020