Standard Terms & Conditions

Standard Terms & Conditions
Cloud7, Proprietor: Petra Jungebluth (“Cloud7”)
Alte Försterei Kolpin
Dorfplatz 5
15526 Reichenwalde, OT Kolpin
Tel: +49 33631 448941
Fax: +49 33631 448944
Email: office@cloud7.de
VAT number: DE813428706

1. Scope of Application

These Standard Terms & Conditions apply to all declarations of intent, contracts and contractual acts or acts similar to contracts that are made, done and agreed by and between Cloud7 and its customers (hereinafter referred to as “Customer”). Counter-confirmations from the Customer referring to its own terms of business and/or terms of purchase are expressly objected: such terms shall not constitute an integral part of any agreement unless expressly confirmed by Cloud7 in writing.

2. Definitions

2.1. Within the meaning of these Standard Terms & Conditions a consumer is any individual concluding the contract for a purpose which cannot be attributed either to his/her commercial or his/her a self-employed professional activities.
2.2. Within the meaning of these Standard Terms & Conditions  a merchant is any Customer concluding the contract in connection with his/her commercial or his/her a self-employed professional activities.

3. Conclusion of Contract

3.1. The presentations on Cloud7’s website are not binding, and depending on monitor settings the illustrations may look different from the goods’ actual shapes and colours. When the Customer has found the right product, it can be added to the shopping cart without obligation by clicking on the button “Add To Cart”. The Customer can view the contents of the shopping cart without obligation by clicking on the button “Shopping Cart”. The products can be removed from the shopping cart at any time by clicking on the button “Delete”. If the Customer wants to buy the products in the shopping cart, he/she must click on the button “Go To Checkout”. The Customer then proceeds to enter its personal data, which can be altered at any time by clicking on the button “Go Back”.
3.2. The Customer only makes a binding proposal to conclude a purchase contract on placing the order. The confirmation of receipt from Cloud7 and any status notices subsequently sent do not constitute any acceptance of that proposal. Cloud7 accepts the Customer’s proposal either by expressly confirming acceptance, or by shipping the goods ordered and sending the Customer notification of dispatch. Cloud7 will declare acceptance of the Customer’s proposal as above – or rejection – within 3 days at the most.

4. Delivery

4.1. In the case of orders from within the EU, Cloud7 ships the goods ordered to the delivery address inside the EU that is given, unless otherwise agreed.
4.2. In the event of partial delivery of goods that was arranged for or offered to the Customer by Cloud7 , the goods subsequently dispatched shall be shipped free of charge. If partial delivery is made at the Customer’s special request, the shipping costs pursuant to Item 5 below shall be charged additionally for each partial delivery.
4.3. In order to ensure that sales packaging is taken back nationwide, Cloud7 is participating in a disposal system within the meaning of the §6 (3) Packaging Ordinance (Verpackungsordnung). The Customer may therefore return the sales packaging at any collection facilities that are provided for by the disposal system.

5. Prices, Shipping Costs, Payment

5.1. The prices on the date of order apply. Shipping costs, which are indicated separately during the order process, must be added to all prices. If a delivery service is commissioned with transporting the goods to a country outside the EU, additional charges and customs duties may be incurred which must likewise be borne by the Customer.
5.2. The Customer may choose between the following means of payment: PayPal, credit card, direct debit or advance bank transfer. The various payment possibilities are listed in the shopping cart for selection by the Customer, and they are also described on Cloud7’s website. If payment is made via direct debit, Cloud7 does not collect payment until the goods are dispatched.
5.3. Unless otherwise agreed, payments shall fall due at the latest one week after receipt of invoice.
5.4. If the Customer is entitled to a cancellation right in accordance with Civil Code § 312 d (1) Clause 1 (cf. Item 7 below), the Customer on exercising such cancellation right has to pay the standard cost of returning the goods, if the price of the item(s) being returned is less than EUR 40 or (for any item(s) costing more than this amount) if on the date of cancellation the Customer has not yet effected counter-performance or a part-payment, unless the goods delivered fail to match those ordered. In all other cases, Cloud7 shall bear the costs of returning goods.

6. Delivery Periods

6.1. The delivery periods are 3 to 5 workdays as from placement of order. If payment is made by advance bank transfer, the goods are not delivered to the Customer until Cloud7 has received payment in full of the gross amount given on the invoice; in this case, the delivery periods are calculated as from Cloud7’s receipt of payment.
6.2. If, subsequent to placement of order by the Customer, any change is made to the anticipated date of dispatch or date on which the goods will be ready for collection, the Customer will automatically receive notification to this effect by email. Provided the Customer is a consumer within the meaning of Item 2.1 above, he/she has the right at any time before the goods are put ready for collection or dispatched to cancel or alter the order at no cost, unless Cloud7 and the Customer have expressly agreed otherwise.

7. Cancellation Right and Instructions concerning Cancellation Right

If the Customer is a Consumer within the meaning of Item 2.1 above, it by law on purchasing goods in Cloud7’s shop has a right of cancellation, about which information is provided by Cloud7 below. The following cancellation right does not apply to contracts for the delivery of goods that are made to the Customer’s specifications, or are clearly designed to meet personal requirements, or cannot be returned by reason of their nature, or may deteriorate rapidly, or have passed their “best before” date. Nor does the following cancellation right apply to contracts for the delivery of audio or video recordings or for the delivery of software, insofar as the storage media delivered have been unsealed by the consumer.

Cancellation Right
You may cancel your declared intention to conclude a contract within 14 days in written form (e.g. letter, fax, email) without stating the reasons, or – if the item is put at your disposal before the set period expires – by sending back the item. The period allowed commences on receipt of this Cancellation Policy in text form, not however before the goods have been delivered to the recipient (in the case of recurring deliveries of identical goods, not before receipt of the first part-delivery) and not before we have honoured our obligations to furnish relevant information in accordance with the Introductory Law to the Civil Code, Art. 246 § 2 and § 1 (1) and (2), and performed our obligations pursuant to Civil Code § 312g (1) Clause 1 in conjunction with the Introductory Law to the Civil Code, Art. 246 § 3. In order to meet the deadline, it is sufficient to send off the cancellation notice or the item before the period expires. The cancellation notice must be sent to:

Cloud7, Michaela Grasnick, Retourenabwicklung
Alte Försterei Kolpin
Dorfplatz 5
15526 Reichenwalde, OT Kolpin
Fax: +49 33631 448944
Email: office@cloud7.de

Consequences of Cancellation
Provided cancellation is effective, the performance received by each party is to be returned and any benefits derived (e.g. interest) are to be refunded. If you are unable to return all or some of the performance received and benefits derived (e.g. advantages of use), or if you can only return or refund same to us in an impaired condition, then in that respect you must compensate us for the value. You only have to pay compensation for any impairment to the item or for benefits if they result from handling the item in a manner which exceeds an inspection of its features and functions. “Inspection of features and functions” shall be understood to mean testing and trying out the item as can be and is normally done in a retail shop or store. Items which can be sent by parcel post are to be returned at our risk. You have to pay the standard cost of returning the goods if the items ordered were delivered correctly, if the price of the item being returned is less than EUR 40, or – for items costing more than this amount – if on the date of cancellation you have not yet effected counter-performance or not yet made a part-payment agreed in the contract. Otherwise, returning items shall be at no cost to yourself. Bulky goods shall be collected at your address. Any obligations to refund payments must be honoured within 30 days; for you, the period allowed commences on the date you send us your cancellation notice or dispatch the item; for us, the period allowed commences on the date we receive said cancellation notice or the returned item.

End of Instructions concerning Cancellation Right

8. Recommended Returns Procedure (Without Obligation)

For Customers wanting to exercise their cancellation right (cf. Item 7 above), Cloud7 recommends the following returns procedure, without imposing any obligation in this respect:
On exercising its cancellation right, the Customer can easily send back the goods from inside Germany using the prepaid address label, which together with the returns form can be printed out on the DHL portal. Further information is available.

9. Warranty

If an item has a defect, the Customer must request Cloud7 to render supplementary performance to cure the defect. Any deadline which the Customer sets for this must be reasonable. Statutory regulations on guarantees shall apply.

10. Separate Terms of Warranty for merchants

If the Customer is a registered trader, and if the order is placed in connection with its commercial trading operations, statutory regulations shall apply for any complaints about defects. Defects must be reported in writing.

11. Limitation Periods for Warranty Claims

11.1. Claims based on defects of quality shall expire at the end of a two-year period calculated from the item’s date of delivery.
11.2. If the Customer is a merchant within the  meaning of Item 2.2 above, claims based on defects of quality shall expire at the end of a twelve-month period calculated from the item’s date of delivery. The statutory period of limitation applying for the right of recourse (Civil Code § 479) remains unaffected.
11.3. The periods of limitation laid down in Items 11.1. and 11.2. do not apply in cases of intent or fraudulent concealment of a defect, or if Cloud7 has assumed a guarantee for the quality characteristics of the object of delivery.
11.4. The periods of limitation laid down in Items 11.1. and 11.2. do further not apply to claims based on defects in the case of fatal injury, physical harm or health damage, or to claims under the Product Liability Act (Produkthaftungsgesetz), or in case of a grossly negligent breach of duty, or for a culpable breach of cardinal contractual obligations.

12. Right of Exchange

12.1. If the Customer is a consumer within the meaning of Item 2.1 above and is not satisfied with an article, Cloud7 will grant him/her the right to exchange the article for other goods from Cloud7 which are of equivalent value or have a higher price. If the Customer choses an item which has a higher price, he/she must pay Cloud7 the difference in amount.
12.2. The Customer can exercise this right by sending Cloud7 an exchange request by telephone or email, whereupon he/she will receive a pre-paid returns label from Cloud7. Cloud7 shall bear the cost of returning an item; the Customer shall bear the cost of shipping the new item.
12.3. The right of exchange only applies for goods which show no signs of usage.  The right of exchange does not apply to contracts for the delivery of goods that are made to the Customer’s specifications, or are clearly designed to meet personal requirements, or cannot be returned by reason of their nature.
12.4. The cancellation right and guarantee rights shall remain unaffected by the right of exchange.

13. Reservation of Title

The goods delivered shall remain Cloud7’s property until such time as the purchase price has been paid in full and the entire claims created under the delivery contract have been satisfied.

14. Liability

14.1. Vis-à-vis Cloud7 and its vicarious agents, claims for damages that are based on breach of duty or tort and claims for the reimbursement of futile expenditures are excluded.
14.2. This limitation of liability shall not apply if the loss or damage has been caused with intent or is the result of gross negligence, or in the event of a breach of cardinal contractual obligations, i.e. a contractual duty performance of which is a prerequisite for due implementation of the contract in the first place and may always be relied upon by the contractual partner, and which conversely may jeopardise attainment of the contractual purpose if breached. Nor does it apply to losses resulting from fatal injury, physical harm or health damage if Cloud7 is responsible for the breach of duty. Moreover, the limitation of liability does not apply for loss or damage arising because a warranted characteristic is lacking, or if liability is stipulated by law in the Product Liability Act.

15. Online Registration, Access Data

15.1. After registration, a user account is set up for the Customer. The Customer will be told the required access and user data (which including the password is jointly referred to below as “Access Data”). Cloud7 is entitled to make subsequent alterations to the Customer’s Access Data, in which case the Customer will be notified about the new Access Data without delay.
15.2. The Customer is responsible for protecting the Access Data. The Access Data must be kept secret, and subject to written consent from Cloud7 it may not be disclosed to third parties. The Customer is aware that if third parties know the Access Data, they can place orders with Cloud7 in the Customer’s name. If the Customer finds out or suspects that third parties are using its Access Data, it shall be under obligation to immediately alter the Access Data, or – if that is not possible – to notify Cloud7 without delay.
15.3. If the costumer has reason to suspect any misuse of his/her Access Data, in particular if misuse has been reported by the Customer, Cloud7 shall be entitled to immediately block access. Cloud7 shall inform the Customer straightaway about blocked access.
15.4. Cloud7 shall not be liable for any loss or damage sustained by the Customer as a result of the Access Data being misused or lost. This shall not apply if the loss or damage has been caused with intent or results from gross negligence. The exclusion of liability shall not apply moreover for losses resulting from fatal injury, physical harm or health damage if Cloud7 is at fault for breach of duty.

16. Data Protection

Cloud7’s data protection practice is in compliance with the Federal Data Protection Act (Bundesdatenschutzgesetz) and the Telemedia Act (Telemediengesetz). Cloud7’s Privacy Policy contains all the information on how users’ personal data is collected, processed and used.

17. Final Provisions

17.1. The contract is governed exclusively by the laws of the Federal Republic of Germany. The applicability of the UN Sales Convention (CISG) is excluded. If the Customer is a consumer within the meaning of Item 2.1 above, the mandatory rules on consumer protection in force in the country where the Customer has his/her customary residence shall also apply, if those regulations grant further protection to the Customer.
17.2. If the Customer is a registered trader, a legal entity under public law or a special fund under public law managing public assets, Berlin shall be exclusive place of jurisdiction for all and any claims ensuing from the contractual relationship. Revised: 25 June 2013

 

18. Amendment

 

18.1. Online Dispute Resolution as per European Commission, Art 14/1 from Jan. 13th, 2016:  http://ec.europa.eu/consumers/odr/