General Terms and Conditions and Customer Information

 

I.  General Terms and Conditions

  1.  Basic provisions
    1. The following terms and conditions apply to contracts that you have with us as a provider (Clicgear Europe B.V.) via the website clicgear.eu close. Unless otherwise agreed, the inclusion of any own terms and conditions used by you will be objected to.

    2. A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.

    1. Conclusion of the contract 
      1. The object of the contract is the sale of goods.

      2. Already with the listing of the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.

      3. The contract is concluded via the online shopping cart system as follows:
        The  goods intended for purchase are stored in the "shopping cart". Via the corresponding button in the navigation bar, you can call up the "shopping cart" and make changes there at any time. After clicking on the button "Checkout" or "Continue to order" (or similar name) and entering the personal data as well as the payment and shipping conditions, the order data will finally be displayed as an order overview.

        If you use an instant payment system (e.g.   PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you   will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.If a redirect is made to the respective instant payment system,  take the corresponding selection or Enter your data. Finally, on the website of the provider of the instant payment system or after you have been redirected back to our online shop, the order data will be displayed as an order overview.

        Before sending the order,  you have  the option of checking  the information in the order overview again  , changing it (also via the "back" function of the Internet browser) or cancelling the order. By sending the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order for a fee", "pay" / "pay now" or similar designation), you declare the acceptance of the offer in  a legally binding manner, whereby the contract is concluded.

      4. The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of the e-mails is technically ensured and, in particular, that spam filters do not prevent it.

      1.  Right of retention, retention of title
        1. You can only exercise a right of retention if it   concerns claims from the same contractual relationship.

        2. The goods remain our property until full payment of the purchase price.

        1. Warranty
          1. The statutory liability rights for defects exist.

          2. As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to inform us and the freight forwarder of any complaints as soon as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.

          3. Insofar as a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you have made a binding declaration by us prior to the submission of the contractual declaration. and the deviation has been expressly and separately agreed between the contracting parties. 

          1. Choice of law, place of performance, place of jurisdiction
            1. German law applies. In the case of consumers, this choice of law shall only apply insofar as this does not withdraw the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favorability).

            2. The place of performance for all services arising from the business relationships existing with us as well as the place of jurisdiction is our registered office, insofar as you are not a consumer, but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if the domicile or habitual residence is not known at the time the action is brought. The right to appeal to the court at another statutory place of jurisdiction remains unaffected by this.

            3. The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
               

            II.  Customer

            1.Identity of the seller
            Clicgear Europe B.V.  Klaproosstraat 4

            6641 AR Beuningen Netherlands
            Phone: +31 850601654
            E-mail: europe@clicgear.com

            Alternative dispute resolution:
            The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed under https://ec.europa.eu/odr

            We are not willing and not obliged to participate in dispute settlement procedures before consumer arbitration boards.

            2. Information on the conclusion of the contract
            The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.).

            3. Contract language, contract text storage

            3.1. Contract language is German.

            3.2. The complete text of the contract will not be stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved via the print function of the browser. After receipt ofthe order by us, the order data, the legally prescribed information for distance contracts and the General Terms and Conditions  will be sent to you again by e-mail.

            4. Essential characteristics of the goods or services
            The essential characteristics of the goods and/or services can be found  in the respective offer.


            5. Prices and payment methods

            5.1. The prices stated in the respective offers as well as the shipping costs represent total prices.  They include all price components including all applicable taxes.

            5.2. The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, which are shown separately during the ordering process and are to be borne by you in addition, unless free shipping has been promised.

            5.3. Any costs incurred for the transfer of money (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery is made to an EU member state, but the payment was made outside the European Union.

            5.4. The payment methods available to you are indicated under a correspondingly designated button on our website or in the respective offer.

            5.5.Unless otherwise stated for the individual payment methods , the payment claims from the concluded contract are due for payment immediately.


            6. Terms of delivery

            6.1. The terms of delivery, the delivery date and, if applicable, existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

            6.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you with the handover of the goods, regardless of whether the shipment is insured or uninsured. Thisdoes not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.

            7. Statutory liability for defects

            Liability for defects is governed by   the "Warranty" provision in our General Terms and Conditions (Part I). 

            These terms and conditions and customer information were prepared by the lawyers of the Händlerbund, who specialize in IT law, and are permanently checked for legal conformity.  Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb service.
             

            last update: 01/01/2022