General terms and conditions
§ 1 Scope of application
The following General Terms and Conditions apply to all online orders of goods via the website of cluera® clean care. The version of the General Terms and Conditions valid at the time of the order is authoritative. Any deviating terms and conditions of the purchaser shall only apply in the event of prior written confirmation by cluera® clean care.
These General Terms and Conditions also contain information according to Art. 246 EGBGB (Introductory Act to the German Civil Code), which the supplier is legally obliged to provide when selling products via an online shop.
We reserve the right to amend these GTC with effect for the future in accordance with the following procedure: For this we will inform you before the intended changes and point you to your right of objection. The changes shall be deemed accepted if you do not object within four weeks of the notification of change. If you object to the change, we reserve the right to terminate the contract in the case of offer variants with an indefinite term or number of deliveries.
cluera® clean care is a division of Fortkord GmbH, Am Weidenbruch 17, 47447 Moers, Germany.
§ 2 Order and conclusion of contract
All information on products and prices on our website are non-binding and subject to change without notice. With your order you submit an offer for the conclusion of a sales contract. The receipt of your order will be confirmed by email. The confirmation of the receipt of the order does not represent an acceptance of this offer. As soon as the goods ordered by you are shipped, you will receive a further confirmation by email. The sales contract is closed only with forwarding of this written confirmation over the dispatch of the commodity. All prices mentioned contain the legal value added tax and other price components plus postage.
All information on availability, shipping and delivery dates of a product are indicative and non-binding.
The seller reserves the right to make possible errors, misprints, technical or colour changes despite the greatest possible care.
The seller also assumes no liability for the correctness of the manufacturer's information.
With the order of the product the buyer declares obligatorily to want to acquire the ordered product.
Since some of the goods are natural, exclusive and limited in availability, the seller reserves the right to limit the delivery quantities for bulk orders or to deliver them in several tranches or to distribute the goods in the event of excess demand.
As a rule, all products offered by us are in stock. However, delivery bottlenecks can occur due to rare raw materials and/or long transport routes. Under these circumstances you will be notified immediately. If the seller recognises this, he will inform the customer immediately and reimburse any payments already made.
Goods shipments outside of Germany can be delayed by customs formalities of the respective importing country. The purchaser of the goods is responsible for the customs clearance of the goods.
The order processing and establishment of contact take place as a rule by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
If ordered goods cannot be delivered in whole or in part, there is no right to the conclusion of a contract. In such a case you will be informed immediately. In the case of partial execution of an order, a purchase contract is only concluded for the confirmed goods sent to the customer.
Offers with voucher codes are only valid for purchases of cluera® products. The addition depends on the purchase of the specified products (main goods). If the purchase contract is revoked in whole or in part and the purchase value falls below the aforementioned purchase value as a result, the right to the addition shall lapse. It must then be returned together with the main goods.
The contractual partner is Fortkord GmbH, Am Weidenbruch 17, 47447 Moers.
§ 3 Account and password
For orders via your online account, a user name and password are required. This data should therefore not be passed on to third parties. In the event of a transfer, the registered user is responsible for the orders placed using his data (user name; password) and the resulting claims.
§ 4 Right of revocation
right of withdrawal
You are entitled to a right of revocation in accordance with the statutory provisions. The provisions set out in detail and listed in the following revocation instructions shall apply to the right of revocation. The cancellation policy also only applies to products purchased via soberberlin.com and not in a retail store or online retailer.
You can revoke the contract within 14 days without giving reasons. The revocation period is 14 days and begins on the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. If you have ordered several goods which are delivered separately, the period shall commence on the day on which you or the third party other than the carrier designated by you took possession of the last goods.
To exercise your right to cancel, you must notify us of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). The revocation is to be addressed to:
Haus Freudenberg GmbH
c/o cluera® clean care Retourenabteilung
You can use the sample revocation form provided on our website for your revocation, but this is not mandatory.
Download sample revocation form
If you use this option, we will immediately confirm receipt of your revocation, e.g. by sending you an e-mail.
In order to comply with the revocation period, it is sufficient to send your notice of exercising the right of revocation before the expiry of the revocation period.
Consequences of revocation
In the event of revocation, we shall repay to you all payments we have received from you, including delivery charges (other than additional charges arising from your choosing a method of delivery other than the cheapest standard delivery offered by us), immediately and no later than 14 days from the date we receive notice of your revocation of this Agreement. Unless expressly agreed otherwise with you, we will use the same means of payment that you used in the original transaction for the refund. Under no circumstances will we charge you a fee for the repayment. We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.
You must return or hand over the goods to Haus Freudenberg GmbH immediately and in any case within 14 days of the day on which you informed us of the revocation of this contract at the latest. This period shall be deemed to have been observed if you dispatch the goods before expiry of the 14-day period. You shall bear the costs of returning the goods.
In the event of an effective revocation or an effective return, the services received by both parties shall be returned and any benefits derived (e.g. benefits of use) shall be surrendered. If you are unable to return the goods or services received in whole or in part or only in a deteriorated condition, you must compensate us for the loss in value. This does not apply if the deterioration of the goods is exclusively due to their inspection - as would have been possible in a retail shop. In addition, you can avoid the obligation to pay compensation for any deterioration caused by the intended use of the goods by not using the goods as if they were your property and by refraining from doing anything that could impair their value.
The right of revocation does not apply to the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, to the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene, if their seal was removed after delivery or to the delivery of goods if they were inseparably mixed with other goods after delivery due to their nature.
The goods are to be returned at your expense and risk. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the goods, for us with their receipt.
§ 5 Delivery
We deliver exclusively to the address indicated by you in the ordering process, unless a different delivery address has been expressly agreed. The delivery takes place from our warehouse.
For deliveries from an order value of 35.00 EUR we do not charge shipping costs. For orders with a total order value of less than 35.00 EUR, the shipping costs are 3.95 EUR one-time.
If several products are ordered, we are entitled to make partial deliveries. Any additional shipping costs will be borne by us. In case of partial deliveries your legal claims remain unaffected.
In case of availability the goods will be shipped by the seller as soon as possible. If an article is not in stock at the seller, he delivers within the scope of availability as soon as possible. Each delivery takes place under the reservation that the seller himself is supplied in time and properly.
Delivery dates or periods, which are agreed upon bindingly, require the letter form.
Cases of force majeure, traffic or operational disruptions, strikes, lack of raw materials and the like shall lead to a reasonable extension of the delivery period. If the causes of the delay last longer than four weeks after conclusion of the contract, each party shall be entitled to withdraw from the contract.
In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the consumer upon handover of the goods, even in the case of sale to destination.
In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods shall pass to the entrepreneur upon delivery; in the case of sale by delivery to destination, the risk shall pass to the entrepreneur upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.
In the case of goods imported into countries outside Germany, import duties and taxes may be payable by the customer due to export restrictions. The customer is responsible for the proper payment of any customs duties, taxes and fees.
In case of delays in delivery, the customer will be informed by the supplier immediately after they have become known to the supplier. The supplier is entitled to partial deliveries and partial invoices at any time, provided that these are reasonable for the customer. If partial deliveries are carried out by the provider, the latter has to bear the additional shipping costs.
Unless otherwise agreed, the goods will be shipped to the delivery address provided by the customer. The customer is obliged to keep the data entered by him on the delivery address in his customer account up to date and to include any change to secure the delivery in his customer account.
§ 6 Means of payment, due date, default
The payment of the purchase price is possible by credit card (Visa, Mastercard), SEPA direct debit, IMMEDIATELY, invoice or Paypal. Which means of payment is accepted in an individual case depends on the concrete order process and an automated check by an external service provider for credit checks or credit agencies. Your personal data will be collected, processed and stored exclusively for the purpose of business transactions and in compliance with our data protection guidelines.
(Stripe offer, AGBs, data protection regulations?)
For the purchase with credit card we offer the 3-D Secure procedure. This procedure provides additional security for online credit card transactions. Individual authentication (entering a security code) ensures that the transaction is actually carried out by an authorized person, thereby reducing the risk of fraud and misuse of credit cards. To be able to use this security standard, you must activate the 3-D Secure procedure via your bank/credit card provider. You will then be asked to enter your 3-D Secure security code when making a purchase in our online shop during the ordering process and when choosing your credit card as the payment method and thereby to prove that you are the legal owner of the credit card used.
Depending on the concrete order and the result of the above information, you will automatically be shown the selection of available payment options.
If a purchase on account is possible afterwards, the delivery address and invoice address must be identical.
The purchase price is due and payable upon complete delivery.
In the event of default in payment, any claims for compensation shall be governed by the statutory requirements.
In the event of non-payment (e.g. return debit, insufficient cover or unpaid invoice), the customer shall be liable for all costs incurred by us as a result. In this case, we will call in a collection service provider or lawyer and reserve the right to file a criminal complaint in serious cases or in the case of intent.
We reserve the right to restrict payment to the customer with means of payment of our choice or not to offer payment to the customer with all methods of payment offered.
§ 7 Reservation of title
The delivered goods remain the property of Fortkord GmbH until full payment has been made.
The customer has to inform the supplier about access of third parties to the reserved goods immediately after they become known. The customer shall be liable for all costs incurred for the cancellation of such accesses, in particular by filing a third-party appeal, insofar as the reimbursement of the costs cannot be obtained from the third party concerned.
§ 8 Warranty
The statutory warranty provisions apply.
We expressly point out that there may be deviations between the products presented on the website and the appearance of the delivered goods. Such deviations do not justify any claims for defects, as long as they do not affect the quality of the delivered products.
If delivered products are defective, we will immediately ensure subsequent performance. Subsequent performance shall take place regularly by way of replacement delivery. The defective goods must be returned to our returns department at our expense.
§ 9 Limitation of liability and release from liability
In the case of slightly negligent breaches of duty, our liability shall be limited to the foreseeable, contract-typical, direct average damage. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents. We shall not be liable to entrepreneurs for slightly negligent breaches of insignificant contractual obligations.
The above limitations of liability do not apply to claims of the customer arising from product liability. Furthermore, the limitations of liability shall not apply in the event of bodily injury or damage to health attributable to us or in the event of loss of life of the customer.
Insofar as we enable access to other websites via links, we are not responsible for the third-party content contained therein. We do not adopt the external content as our own. If we become aware of illegal content on external websites, we will immediately block access to these pages.
The customer indemnifies us from all disadvantages which may arise to us by third parties due to damaging actions of the customer - regardless of whether intentionally or negligently.
The customer is obliged to carefully read and observe product and warning notices for delivered products before use.
§ 10 Data protection
The regulations on data protection are described in our separate data protection declaration.
§ 11 Applicable law
The law of the Federal Republic of Germany shall apply. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
§ 12 Place of jurisdiction
If the buyer is a merchant within the meaning of commercial law, a legal entity under public law or a special fund under public law, then the registered office of the seller is the agreed place of jurisdiction. The same applies if the buyer does not have a general place of jurisdiction or residence in Germany or if the usual place of residence is not known at the time the action is filed.
§ 13 Final provisions
Should individual provisions of the contract with the customer, including these general terms and conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.