These General Terms and Conditions of Business (GTC) shall apply to all agreements concluded by the Customer with the Vendor via the latter’s online shop. Any incorporation of the Customer’s own terms and conditions is hereby expressly rejected unless otherwise agreed in writing.
2. Contracting Partners
The Vendor shall be
Neuer Hönower Weg 7,
represented by Managing Directors Hans Peter Finkbeiner, Thomas Finkbeiner and Jürgen Finkbeiner,
Company Register: Frankfurt/Oder District Court HRB 9917 FF.
3. Vendor’s Customer Service for Enquiries, Claims and Complaints:
If you have any queries, please send us an email at email@example.com
or telephone us – From Monday to Friday 8 a.m. to 6 p.m. / Saturday 10 a.m. to 4 p.m.:
From Germany and overseas: +49 (0) 3342 306 306*
*For this phone number the country-specific telephone charges apply.
4. Offer and Contract Conclusion
4.1 Presenting the products in the online shop shall not constitute a legally binding offer but shall instead constitute an invitation to place an order. The information provided may be subject to alterations and errors.
4.2 Technically, the ordering process shall be broken down into the following steps: entry of personal data (name, address, different delivery address where applicable), shipping method, payment method selection and order confirmation. During each of the aforementioned steps, the Customer shall have the option to check the accuracy of the information provided and to correct it if necessary. At each step the Customer will be able to navigate back to the previous step and amend his/her entries there.
4.3 By clicking the [Buy] button the Customer places a legally binding order incurring a charge for the goods listed on the order page (shopping basket). Payment for the goods may be made either by payment in advance, PayPal or credit card (VISA, AmericanExpress or MasterCard) in accordance with the payment methods proposed during the ordering process and under the terms and conditions specified therein. The Customer will receive an automatic email confirming receipt of their order. This automatic email shall not yet constitute confirmation of the order. The Vendor shall accept the Customer’s order by means of a separate order confirmation sent by email. The order confirmation shall then be saved by the Vendor and may also be saved and printed by the Customer. If the Customer does not receive an order confirmation within 10 days, they shall no longer be bound to their offer.
4.4 The contract shall be concluded exclusively in German.
5. Prices and Shipping Costs
5.1 The prices specified on the product pages shall include value added tax at the statutory rate and other pricing components. All prices specified shall be in Euros (EUR).
5.2 We also charge a fixed rate shipping cost for each order for deliveries: EUR 4.95 for deliveries within Germany and EUR 14.90 for deliveries to Austria.
5.3 We deliver free of charge over and above a minimum order value of EUR 70.00 (within Germany only). The shipping costs will be clearly shown on the product pages, in the shopping basket and again on the order page. Where an order covers more than one delivery address, the fixed fee shipping cost will be charged for each delivery address.
5.4 There shall be no express deliveries and/or deliveries by cash on delivery.
6. Delivery / Transportation Damage
6.1 All deliveries shall only be made following receipt of payment within our account.
6.2 Deliveries shall only be made within Germany and to Austria to the delivery address indicated by the Customer. We deliver by UPS but not on Saturdays, Sundays or public holidays. If the Customer is not at home upon delivery, UPS shall make two additional delivery attempts at no additional cost to the Customer.
6.3 The Customer hereby agrees that packages – after a first, unsuccessful delivery attempt – may be delivered to another person present in the household, a neighbour or to a nearby parcel shop (alternative delivery) thereby discharging the Vendor’s obligations providing there is no justified grounds for doubting that such alternative delivery is against the Customer’s best interests based on the specific circumstances in question. A neighbour shall be a person living or working in the same or nearest building.
6.4 The delivery period shall be 10 days calculated from the date at which payment is received in our account. We shall indicate any different delivery periods on the respective product pages.
6.5 We are unable to accept any liability whatsoever for delays in delivery due to force majeure, changes to official permit situations or legal position, operational disruptions, industrial action and/or material procurement difficulties – even where these are incurred by suppliers – even where binding delivery deadlines have been agreed upon. In such cases, the agreed delivery date shall be implicitly extended by a reasonable period required to eliminate the obstacle. We shall be entitled to make partial deliveries and these must be accepted by the Purchaser.
6.6 In the event of goods being supplied with obvious damage to the packaging or contents, the Customer shall be required to report this to the supplier concerned irrespective of the existence of a statutory warranty right and to refuse acceptance and contact the Vendor immediately via the hotline referred to in Clause 3.
7. Payment Terms and Conditions and Payment Arrears
7.1 The Customer may choose to pay by advance payment, PayPal or credit card (VISA, AmericanExpress or MasterCard). There shall be no cash discount options. We hereby reserve the right to exclude certain payment methods in individual cases.
7.2 When the prepayment payment method is selected, payment shall be made immediately. If we have no record of receipt of payment from the Customer within 7 days, however, we shall be entitled to cancel the order.
7.3 In the case of payments by PayPal or credit card, the account shall be charged upon receipt of the order (order confirmation).
7.4 The Customer shall only be entitled to offset such counter-claims as have been legally established or are undisputed or which have been acknowledged by us in writing.
7.5 Customers may only exercise a right of retention insofar as the claims result from the same contractual relationship.
7.6 All payments shall be made in Euros.
7.7 If the Customer falls into arrears with payment, the Vendor shall be entitled to charge reminder fees of 4.50 €. Moreover, in the event of payment arrears, the Customer hereby undertakes to reimburse all costs incurred by all appropriate measures taken to recover the outstanding amounts, including any procedural obligation to reimburse costs, default interest at the legally permitted rate, expenses, debt collection costs (incl. fees for a licensed collection agency and any lawyer commissioned) and handling costs.
7.8 In the event of payment arrears on the part of the Customer, the Vendor shall be entitled, but not obliged, to withdraw from the agreement after setting an appropriate grace period for payment and where such grace period has expired without result. The Vendor may also insist on fulfilment of the agreement.
8. Right to Cancel
8.1 The consumer shall have a fourteen-day right to cancel:
(pursuant to the template in Appendix 1 to Art. 246a, section 1, para. Abs. 2, sentence 2 of the Introductory Act to the German Civil Code)
You are entitled to cancel this agreement within fourteen days without stating any reason.
The cancellation period shall be fourteen days from the date on which you, or a third party appointed by you who is not the carrier, take(s) or took possession of the goods.
To exercise your right to cancel, you must notify us (Clinton Großhandels-GmbH, Handwerkerstr. 19, 15366 Hoppegarten, Email: firstname.lastname@example.org) of your decision to cancel this agreement by means of a clear declaration (e.g. email or letter sent by registered post).
To comply with the cancellation period, sending notification of your intent to exercise your right to cancel before expiry of the cancellation period shall suffice.
Consequences of the Cancellation
When you cancel this agreement, we shall be required to return all payments we have received from you, including delivery costs (with the exception of any additional costs incurred by you selecting a delivery method other than the cheapest standard delivery option offered by us), to you immediately and within 14 days from the date on which we receive notice of your cancellation of this agreement, at the latest. We shall use the same payment method as the one used for the original transaction for this refund unless expressly agreed otherwise with you. Under no circumstances will you incur fees as a result of the return.
We may refuse to make the refund until such time as the goods have been returned or until you provide proof that you have shipped the goods back, whichever is the earlier.
a) You shall be required to send or hand the goods back to us immediately and within 14 days from the date you notify us of cancellation of this agreement, at the latest.
Clinton Großhandels-GmbH Lager
This deadline shall be deemed to have been met if you dispatch the goods prior to expiry of the 14-day deadline.
b) We shall bear the costs of the return shipment of the goods.
c) You will only be required to pay for any depreciation in value of the goods where such depreciation in value is attributable to handling by you other than that necessary to verify the nature, properties and functionality of the goods.
8.2 Returning the goods shall also be sufficient for cancellation.
8.3 The right to cancel shall not exist for the delivery of goods:
8.3.1 that are not prefabricated and which are manufactured based on an individual selection or specification by the consumer or which are uniquely tailored to the consumer’s personal requirements,
8.3.2 that are sealed and not suitable for return once the seal is removed after delivery on the grounds of health or hygiene.
8.4 The right to cancel shall lapse when the company (Clinton) has provided the service fully and only started to provide the service upon express approval by the consumer and where the consumer also confirmed acknowledgement that the right to cancel would lapse upon complete fulfilment of the contract by the company.
8.5 Customers may make returns free of charge via UPS only. We shall not be responsible for any damage or lost packages where goods are not sent by UPS. We shall also not pay shipping costs where the Customer opts for a courier service other than UPS.
9. Retention of Title
The goods shall remain the property of the Vendor until such time as payment is received in full.
9. Resale Prohibition
The Customer hereby expressly guarantees that the goods purchased shall be used for private purposes only. The goods purchased by the Customer may not be resold within business and/or commercial transactions without the Vendor’s prior written consent. Any transfer of the goods purchased to commercial resellers shall not be permitted regardless of whether by sale exchange or free of charge.
10. Miscellaneous, Choice of Law
10.1 Special offers shall only apply while stocks last.
10.2 Any minor colour deviations between illustrations and the goods supplied are due to technical reasons and shall not constitute defects.
10.3 The law of the Federal Republic of Germany shall apply exclusively.
Last updated: 13/06/2014