Terms of Service
for our online sales
§ 1 Validity, definition of terms
(1) Claripad, Am Dorfplatz 4, 89356 Hafenhofen, Germany (in the following: "we" or "Claripad") operates an online sale of goods on the website https://www.claripad.de. The following general terms and conditions apply to all services between us and our customers (hereinafter: "customer" or "you") in the version valid at the time of the order, unless otherwise expressly agreed.
(2) “Consumer” within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. "Entrepreneur" is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity, whereby a legal partnership is a partnership that is equipped with the ability to acquire rights and enter into liabilities .
§ 2 Conclusion of contracts, storage of the contract text
1) The following provisions on the conclusion of a contract apply to orders via our online sales at https://www.claripad.de.
(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.
(3) When an order is received using the order form available for download, the following rules apply: The customer submits a binding contract offer by completely filling out the PDF file and sending it to us as a PDF attached. The order takes place in the following steps:
– Download the PDF “order catalog”
– Open the PDF “order catalog” with suitable software such as Adobe Acrobat
– Completely fill out the PDF “order catalog”
– Send the PDF “order catalog” attached by email to info@claripad.de
(4) If the contract is concluded, the contract is concluded with Claripad, Am Dorfplatz 4, 89356 Hafenhofen, Germany.
§ 3 Subject matter of the contract and essential characteristics of the products
(1) The subject matter of our online sales is:
– The sale of goods. The specific goods offered can be found on our article pages.
(2) The essential characteristics of the goods can be found in the article description or under the link “Range of products”.
(3) For the sale of digital products, the restrictions evident from the product description or otherwise resulting from the circumstances apply, in particular to hardware and / or software requirements for the target environment. Unless expressly agreed otherwise, the subject of the contract is only the private and commercial use of the products without the right to resell or sublicense.
§ 4 Prices, shipping costs and delivery
The flat rate for shipping costs in Germany is EUR 8,00; Europe EUR 10,- for a letter (till EUR 100,- order).
Please ask for package prices. Payment deadline for all orders is 14 days without deduction.
From an order value of EUR 500,- within Germany (Europe EUR 900,-) we deliver free of charge.
For new inland customers there is a minimum order value of 100 EUR, net. Please inquire abroad.
For orders worth less than 50 euros, we reserve the right to charge a small quantity surcharge.
§ 5 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 the purchase price has been paid in full.
§ 6 Contract language
§ 7 Liability
(1) Subject to the following exceptions, our liability for breaches of contractual obligations and for tortious acts is limited to intent or gross negligence.
(2) We have unlimited liability in the event of slight negligence in the event of injury to life, limb, health or in the event of a breach of an essential contractual obligation. If we are in default with the service due to slight negligence, if the service has become impossible or if we have violated an essential contractual obligation, the liability for property and pecuniary damage attributable to it is on the foreseeable damage typical of the contract limited. An essential contractual obligation is one, the fulfillment of which makes the proper execution of the contract possible in the first place, the violation of which endangers the achievement of the purpose of the contract and on whose compliance you can regularly rely. This includes in particular our duty to act and to fulfill the contractually owed service, which is described in § 3.
§ 8 Right of withdrawal
As a consumer, you have a right of withdrawal. This is based on our right of withdrawal. Right of withdrawal.
§ 9 Warranty
(1) The warranty is based on the statutory provisions.
(2) As a consumer, you are requested to check the item / digital goods or the service provided for completeness, obvious defects and transport damage immediately upon fulfillment of the contract and to notify us and the freight forwarder of any complaints as soon as possible. If you do not comply with this, this will of course have no effect on your statutory warranty claims.
§ 10 Packaging Compliance (EPR/PPWR)
FCA Haldenwang (Incoterms® 2020).
Upon taking delivery at the destination, the B2B buyer assumes the role of the first marketer/importer in the destination country.
The buyer agrees to fulfill all local environmental and waste management obligations (specifically packaging registration, licensing, and reporting) at its own expense and fully indemnifies the seller from any liability.
§ 11 Final Provisions / Dispute Resolution
(1) The law of the Federal Republic of Germany applies, excluding the UN Sales Convention (CISG). In the case of consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be Günzburg.
(3) Should individual provisions of this Agreement be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.