Términos del servicio

TERMS OF SERVICE

  1. Scope

For all orders via our online shop by consumers and entrepreneurs the following terms and conditions apply.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary General Terms and Conditions of Business, their validity is hereby objected to; they only become part of the contract if we have expressly agreed to them.

  1. Contracting party, conclusion of contract

The contract of sale is concluded with Cleanbrace GmbH.

The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalogue. You can put our products into your shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. By clicking on the order button, you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order is sent by e-mail immediately after sending the order.

When the contract with us is concluded depends on the payment method you have chosen:

Invoice
We accept your order by sending a declaration of acceptance in a separate e-mail or by delivering the goods within two days.

Prepayment
We accept your order by sending a declaration of acceptance in a separate e-mail within two days, in which we provide you with our bank details.

  1. Contract language, contract text storage

The language available for the conclusion of the contract is German.

We save the text of the contract and send you the order data and our terms and conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.

  1. Terms of delivery

Shipping costs are added to the stated product prices. You can find out more about the amount of the shipping costs in the offers.

We only deliver by mail order. Unfortunately, it is not possible to pick up the goods yourself.

We do not deliver to packing stations.

The shipping costs for returns are borne by the buyer.

  1. Payment

In our shop, the following payment methods are available to you:

Prepayment
If you choose the payment method prepayment, we will send you our bank details in a separate e-mail and deliver the goods after receipt of payment.

Invoice
You pay the invoice amount after receiving the goods and the invoice by bank transfer to our bank account. We reserve the right to offer the purchase on account only after a successful credit assessment.

  1. Right of withdrawal

Consumers are entitled to the statutory right of revocation as described in the revocation instruction. Entrepreneurs are not granted a voluntary right of revocation.

  1. Retention of title

The goods remain our property until full payment has been received.
For entrepreneurs the following applies additionally: We reserve the right of ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the reserved goods with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, however, we may also collect claims ourselves if you do not meet your payment obligations.

  1. Damage in transit

The following applies to consumers: If goods with obvious transport damage are delivered, please complain about such defects to the delivery agent as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance company.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the obligation to examine and give notice of defects as regulated in § 377 HGB (German Commercial Code) applies. If you fail to make the notification regulated there, the goods shall be deemed to have been approved, unless it is a defect that was not recognisable during the inspection. This shall not apply if we have fraudulently concealed a defect.

  1. Warranty and guarantees

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
For the purchase of used goods by consumers, the following applies: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods takes place under exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
In relation to entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not be liable for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion either by eliminating the defect (rectification of defects) or by delivering a defect-free item (replacement delivery).
The above limitations and shortening of deadlines do not apply to claims based on damages caused by us, our legal representatives or vicarious agents
- in the event of injury to life, body or health
- in the event of intentional or grossly negligent breach of duty as well as fraudulent intent
- in the event of breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- within the framework of a guarantee promise, if agreed
- if the scope of application of the Product Liability Act has been opened up.
Information on any applicable additional warranties and their exact conditions can be found with the product and on special information pages in the online shop.

  1. Liability

For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation
- in case of injury to life, body or health
- in case of intentional or grossly negligent breach of duty
- in case of guarantee promises, if agreed, or
- if the scope of application of the Product Liability Act is opened.
In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must be typically expected.
Otherwise claims for damages are excluded.

  1. Settlement of disputes

The European Commission provides an Online Dispute Resolution (OS) platform, which you can find here We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

  1. Final provisions

If you are an entrepreneur, then German law shall apply to the exclusion of the UN Sales Convention.

AGB created with the trusted shops Legal writer in cooperation with FÖHLISCH Lawyers.