1 Area of application
1.1 These terms and conditions of "CLP Trading GmbH" (hereinafter referred to as "Seller") shall apply to all contracts the customer enters into with the Seller with regard to the products and/or services represented in the online shop of the Seller. Unless otherwise agreed, consideration of the Customer's own terms and conditions is hereby excluded.
1.2 In the sense of paragraph 1.1, customers are both consumers as well as merchants, with consumer meaning every individual person entering into a legal business for a purpose neither attributable to their commercial nor self-employed professional activity. In contrast, an merchant means every individual or legal person or an incorporated partnership acting within his/her self-employed professional or commercial activity on conclusion of a legal business.
2 Conclusion of contract
2.1 The product definitions contained in the online shop of the seller shall serve for providing a legally binding offer by the customer.
2.2 The customer may submit the offer in writing, by fax, by E-Mail or if available via the online order form integrated in the seller's online shop. When ordering via the online order form, the customer - after having entered his personal data and by clicking the button "Order" in the final step of the order process - submits a legally binding offer of contract with regard to the goods included in the shopping cart. Prior to the binding submission of the order all entries may be corrected at any time via the usual keyboard and mouse functions. Moreover, prior to submitting the binding order, all entries are displayed in a confirmation window again where they may be corrected using the conventional keyboard and mouse functions.
2.3 The seller shall immediately confirm receipt of the customer's order by electronic means (fax or E-Mail). The seller may accept the customer's offer by a written (letter) or electronic (fax or E-Mail) order confirmation or by delivery of the goods within five days. The seller shall be entitled to reject acceptance of the order.
2.4 The order details are recorded by the seller and sent to the customer as a confirmation and for control to the E-Mail address stated by him for order processing. This data may be recalled by the customer after sending his order, but not via the homepage of the seller.
2.5 Order processing and establishing contacts is done by E-Mail and automated order processing. The customer shall ensure the E-Mail address stated by him for order processing to be applicable, so E-Mails sent by the seller under this address will be received. If using SPAM-filters, the customer shall particularly ensure all E-Mails sent by the seller or a person instructed by him with order processing are received and sent.
3 Right of revocation of the consumer
1 Right of revocation
1.1 As a consumer in the sense of article 13 BGB (German Civil Code) you shall be entitled to the right of revocation with regard to the goods bought from us in line with the following instructions:
1.2 Within 14 days, you may revoke your contractual statement in writing without stating any reasons (e.g. by letter, fax, E-Mail) or - in the event of the goods being left to you prior to the expiring date - by returning the goods. The period starts upon receipt of these instructions in writing, but not earlier than receipt of the goods by the receiver (in the event of recurring delivery of similar goods not prior to receipt of the first partial delivery) and not either prior to fulfilment of our duty to inform in the sense of article 246 paragraph 2 together with article 1 paragraph 1 and 2 EGBGB (Introductory Law to the Civil Code) as well as our obligations as per article 312e paragraph 1 sentence 1 BGB (German Civil Code) together with article 246 paragraph 3 EGBGB (Introductory Law to the Civil Code). The revocation period shall be deemed observed if the goods are returned or notice of revocation is given within this period.
1.3 The right of revocation shall be addressed to:
Names/company: CLP Trading GmbH, represented by the managing director Matthias Weber and Andreas Menke, respectively with the sole power of representation
Address: Triftenstraße 93, 32971 Lage, Germany
Hotline: +49 (0) 5232 69 899 0
E-Mail address: firstname.lastname@example.org
Tax ID-number: DE232600313
Amtsgericht (local court) Lemgo, HR B 7540
The right of revocation shall particularly not apply
- in the event of distance selling contracts for delivery of goods manufactured according to customer specification or unambiguously tailored to the personal requirements or which due to their appearance and workmanship are unsuitable for being returned or which are easily perishable or whose expiry date would be exceeded.
1.4 Consequences of revocation
In the event of an effective revocation the services mutually received shall be granted back and profits potentially drawn (e. g. interest) to be returned. Should you be unable to return to us the service received in whole or in part or return it in a deteriorate condition only, you will have to compensate us accordingly. This shall not apply if the deteriorated condition of the goods is exclusively attributable to their testing - as it might have been performed in a retail shop. For the rest, you may avoid any obligation to provide compensation caused by the intended use of the goods by not using them as your property and refraining from everything that may affect their value. Goods not suitable for being sent by parcel shall be returned to us at our risk. You will have to bear the costs of the return consignment if the goods delivered comply with the ordered ones and if the price of the goods to be returned does not exceed an amount of 40 Euros or if in the event of a higher price of the goods at the time of revocation you have not yet provided consideration or a partial payment having been agreed by contract. Otherwise, the return is free of charge for you. Goods incapable of being shipped by parcel will be collected from you. Obligations for the reimbursement of payments shall be rendered within 30 days. For you, the period starts with sending your notice of revocation or the goods, for us upon their receipt.
1.5 General instructions
Please avoid damages and impurities of the goods. If possible, please send the goods back to us in their original packaging together with all accessories and with all packaging components. If required, please use a protecting outer packaging. Should you no longer have the original packaging, we kindly ask you to provide for sufficient protection against transport damages using a suitable packaging.
If possible, please do not return the goods to us freight forward. If requested, we shall be also prepared to reimburse you postal charges in advance, as far as they are not payable by yourself.
If you like, you may also use our free return service for returning the goods. We will have collected the goods from you by DPD or UPS. Please note that the aforementioned sections shall not represent any prerequisite for an effective execution of the right of revocation.
4 Return charges when exercising the right of revocation
In the event of the customer being entitled to the right of revocation in the sense of article 312d paragraph 1 sentence 1 BGB (German Civil Code), it shall be agreed the customer to bear the costs for the return consignment if the goods supplied compy with the ordered ones and if the price of the goods to be returned does not exceed an amount of 40 Euros or if in the event of a higher price of the goods at the time of revocation the customer has not yet rendered consideration or a contractually agreed partial payment. In all other cases, the seller shall bear the return charges.
5 Prices and conditions of payment
5.1 The prices stated by the seller are final prices, i.e. they include all price components inclusive of the statutory German value-added tax. Any additional delivery or shipping charges potentially arising shall be stated separately in the respective product description in the offer. Further expenses shall become due in the individual case for cross-border consignments, such as e.g. further tax and/or expenses in the form of customs duties.
5.2 For deliveries within Germany, the seller offers the following methods of payment, unless otherwise stated in the respective product description in the offer:
1. Advance payment by
- Bank transfer
- Online transfer (Giropay & instant bank transfer)
- Credit card
2. Cash on delivery
5.3 For shipment abroad additionally offered for the respective product, the customer may choose between the following payment options for delivery abroad, unless otherwise stated in the respective product description in the offer:
1. Advance payment by
- Bank transfer
- Online transfer (Giropay & instant bank transfer)
- Credit card
2. Cash on delivery
5.4 In the event of advance payment being agreed, payment shall be due upon contract conclusion.
5.5 In the event of collection by the customer, the seller shall first of all notify the customer by E-Mail about the goods ordered by him being ready for collection. Upon receipt of this E-Mail the customer may collect the goods in agreement with the seller. In this case, no shipping charges but expenses for stock removal as per product description will be invoiced.
5.6 The customer shall be entitled to setoff provided the counter claim is undisputed, established by a court of law or accepted by the seller.
5.7 The customer shall be exclusively entitled to the right of retention as far it is dealt with claims resulting from the same contractual relationship.
6 Terms of delivery and dispatch
6.1 Delivery of goods is done on a regular basis by shipment to the delivery address stated by the customer. During processing of the transaction the delivery address stated by the customer in the shop's order processing of the seller shall be binding. Should the customer decide to pay by PayPal, the delivery address stated by the customer in PayPal shall not be relevant. If no explicit delivery address is stated, the invoice address shall be considered as delivery address.
6.2 In the event of a delivery to the customer being impossible, the transport company instructed shall send the goods back to the seller, with the customer having to pay the costs for the unsuccessful delivery. This shall not apply if the unsuccessful attempted delivery is not attributable to the customer or if he exercises his right of revocation hereby.
6.3 In principle, the risk of accidental perishing and accidental deterioration of the sold goods shall be transferred upon delivery to the customer or a person authorized to receive. If the customer is an merchant (acting within his commercial or self-employed professional activity; article 14 BGB German Civil Code), the risk of accidental perishing and accidental deterioration of goods purchased by mail order shall be transferred upon handover of the goods at the place of business of the seller to a suitable transport person.
6.4 Towards an merchant, all delivery deadlines agreed upon shall be subject to the correct and punctual collection by the customer in cases in which the seller has concluded a concrete hedging transaction and whose lacking availability is the control of the seller.
7 Reservation of title
7.1 The delivered goods of the seller shall remain the seller's property until they have been paid in full.
8 Liability for defects
8.1 In the event of a defect of the purchased goods, the statutory regulations shall apply. Deviating thereof, the following shall apply:
8.2 For merchants
an insignificant defect in principal shall not justify any claims for defects.
the seller has the choice of the kind of supplementary performance,
the limitation period for defects for new goods is one year as of passing of risk.
rights and claims on the ground of defects of used goods are generally excluded.
the limitation period does not start again if it is agreed upon a replacement delivery within the liability for defects.
8.3 For consumers, the limitation period for claims for defects
for new goods is two years as of handover of the goods to the customer.
for used goods is one year as of handover of the goods to the customer.
8.4 For merchants, the statutory limitation periods for recourse action in the sense of article 478 BGB (German Civil Code) remain unaffected, the same applies to merchants and consumers in the event of an intended breach of duty and fraudulent concealment of a defect.
8.5 Moreover, it applies to merchants and consumers that the aforementioned liability limitations in figure 7.1 and figure 7.2 do not refer to claims for damages and expenditures the purchaser may assert according to the statutory provisions because of defects.
8.6 If the customer is a merchant in the sense of article 1 HGB (German Commercial Code), he shall be subject to the commercial duty of inspection and notification in the sense of article 377 HGB (German Commercial Code). Should the customer fail to comply with his obligations to notify as regulated there, the goods are considered approved.
8.7 If the customer is a consumer, he is asked to advise the deliverer of delivered goods with apparent transport damages and to notify the seller accordingly. Should the customer fail to do so, this shall not affect his legal or contractual warranty claims.
8.8 If supplementary performance has been done in the way of replacement delivery the customer shall be obliged to return the goods delivered at first to the seller within 30 days at his expenses. Return of the defective goods shall be subject to the statutory regulations.
8.9 Any assignment of claims of the customer shall be excluded.
9.1 For any legal reason, the seller shall be held liable for injury to life, body or health, in the event of intention or gross negligence, in the event of fraudulent intent and promise of warrant and if liability is subject to compulsory statutory provisions such as the Product Liability Act.
9.2 Apart from that, irrespective of the legal grounds the seller shall be held liable as follows:
9.2.1 In the event of a negligent violation of the seller of an essential contractual obligation (so-called cardinal obligation), the duty of replacement for material damages shall be limited to the foreseeable, typically occurring average damage. Considerable contractual obligations means duties imposed to the seller by contract according to his content for achieving purpose of contract, whose fulfilment only enables the proper execution of the contract and in whose compliance the customer may regularly trust.
9.2.2 In the event of a negligent insignificant violation of the seller of a contractual obligation, the duty of replacement shall be limited to the order value.
10 Information on data processing
10.1 Within the processing of contracts the provider will record customer data. Customer-related data processing is done via the service provider "Afterbuy" (VIA Online GmbH in Krefeld). Personal data is exclusively forwarded to “Afterbuy" for the purpose of processing the online order of the customer. For further details about data privacy with Afterbuy and the data privacy statement of VIA Online GmbH please refer to the following link: http://www.afterbuy.de/Datenschutz.htm. Moreover, within the implementation of the contract personal customer data is forwarded to the transport company instructed with delivery, as far as required for delivery of the goods.
Without the customer's consent, the provider will only collect, process or utilize inventory and usage data of the customer as far as required for the processing of the contractual relationship and for utilization and invoicing of teleservices.
After completed processing of the contract and full payment of the purchase price the customer data is recorded considering fiscal and commercial retention periods, but deleted upon expiry of these deadlines unless the customer has expressly consented to the further usage of his data.
10.2 Without the customer's consent, the provider shall not use the data of the customer for the purposes of advertising, market and opinion research.
10.3 At any time, the customer shall have the chance to call up the data recorded by us, to change or delete them. Kindly contact email@example.com or let us know your demand by post or by fax.
10.4. Information on cookies:
In this shop, information about the content of your shopping cart is stored in the cookies, which you may call up during your future visits. If you would like to register or place an order with us, we require your customer data. If you are our customer already, you may easily log in via your E-Mail address and your personal password. Thanks to the data recorded in the cookie, you are not required to complete the forms. Moreover, in your browser programme you can administer, and if applicable block acceptance of cookies of this site. Using the Internet Explorer 6.x you can do this as follows:
Extras>Internetoptionen>Datenschutz>Erweitert>Automatische Cookiebehandlung aufheben>jeweils ("Eingabeaufforderung")>OK>OK
11 Information on Battery Ordinance
11.1 Old batteries must not be disposed of via household waste. The customer may bring his batteries to a municipal collection point or to his local shop. Except for starter batteries disposal at municipal collection points is for free. Batteries the customer has obtained from the seller may be returned to the seller by post with sufficient postage after use.
11.2 Batteries containing harmful substances are marked with the symbol of a crossed refuse bin. Under the refuse bin symbol you will find the chemical name of the harmful substance - in the example "Cd" for Cadmium. "Pb" stands for plumb, "Hg" for quicksilver.
11.3 The customer has the change to read this information in the accompanying documents of the consignment or in the operating manual of the manufacturer again.
12 Applicable law
12.1 For all legal relations of the parties the law of the Federal Republic of Germany shall apply, excluding laws on international sale of movable goods. For consumers, this choice of law shall apply only to such an extent as the protection granted is not withdrawn by compulsory regulations of the law of the state in which the consumer has his habitual place of residence.
12.2 If the customer is a merchant, corporate body under public law or legal entity under public law, the exclusive court of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. The same shall apply if the customer has no general place of jurisdiction in Germany or the EU or place of residence or main residence are unknown at the time of bringing a suit. This shall not affect the authority to also take legal action at another place of jurisdiction.
12.3 All dimensions stated in the product description are approximate dimensions.
12.4 The contractual language shall be German.
(as of June 11, 2010)