CLOUD7 GmbH (hereafter referred as "CLOUD7")
Zur Heide 9
15712 Königs Wusterhausen / Deutschland

Managing Director: Petra Jungebluth
Phone.: +49 3375 959 74 80

Email: support@cloud7.de

Local court: Cottbus, HRB: 15176
VAT identification number according to §27a UStG: DE312194533
Responsible for content: Petra Jungebluth, Zur Heide 9, 15712 Königs Wusterhausen, OT Zernsdorf

 

I. Scope of application

These General Terms and Conditions shall apply to all declarations of intent, contracts and legal or similar acts between CLOUD7 and the Customer in the version valid at the time of the respective order when purchasing via the CLOUD7 Online Store.

The offers of the CLOUD7 Online Store covered by these General Terms and Conditions are aimed exclusively at consumers within the meaning of § 13 BGB as customers (hereinafter referred to as "Buyer" or "Customer"). Customers within the meaning of these General Terms and Conditions are therefore natural persons who make purchases in the CLOUD7 Online Store for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.

For commercial customers, the General Terms and Conditions available at https://cloud7.de/haendler/agb shall apply.

Terms and conditions that conflict with or deviate from these General Terms and Conditions shall not be recognized unless CLOUD7 has given its express written consent to this effect. These General Terms and Conditions shall also apply if CLOUD7 performs services without reservation in the knowledge that the Customer's terms and conditions conflict with or deviate from these Terms and Conditions. Individual contractual agreements shall take precedence over these General Terms and Conditions.

These General Terms and Conditions shall also apply to all future business relationships with the Customer, even if they are not expressly agreed again. These terms and conditions shall be deemed to have been accepted by the purchaser at the latest upon receipt of goods or services. The currently valid General Terms and Conditions can be accessed and printed out on the CLOUD7 website atwww.cloud7.de/de/agb orwww.cloud7.de/haendler/agb.

 

II. Contractual partner, conclusion of contract

The purchase contract is concluded with CLOUD7 GmbH.

The presentation and advertising of articles in the CLOUD7 Online Store shall not constitute a binding offer to conclude a purchase contract. The Customer can initially place the products in the shopping cart without obligation and correct his entries at any time before sending the binding order by using the correction aids provided and explained for this purpose in the order process.

By submitting an order via the CLOUD7 Online Store by clicking on the "order button", the Customer places a legally binding order. The Customer shall be bound by the order for a period of two (2) weeks after placing the order. The Customer's right to revoke the order in accordance with VII. shall remain unaffected by this.

CLOUD7 shall immediately confirm receipt of the order placed via the CLOUD7 Online Store to the Customer by email. Such an email shall not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, acceptance is also declared. A contract shall only be concluded when CLOUD7 accepts the Customer's order by means of a declaration of acceptance or by delivering the ordered items.

If delivery of the goods ordered by the Customer is not possible, for example because the corresponding goods are not in stock, CLOUD7 shall refrain from issuing a declaration of acceptance. In this case, a contract shall not be concluded. CLOUD7 shall inform the Customer of this immediately and refund any consideration already received without delay.

III.  Contract language, contract text storage

The languages available for the conclusion of the contract are German and English. CLOUD7 shall save the text of the contract and send the order data and the GTC to the Customer by email. The Customer can view the text of the contract in the CLOUD7 customer login.

IV. Prices, terms of delivery 

All prices quoted in the CLOUD7 Online Store are gross prices including statutory VAT and do not include any shipping costs incurred.

The shipping costs are indicated in the prices in the CLOUD7 Online Store. The price including VAT and shipping costs shall also be displayed in the order form before the Customer submits the order.

CLOUD7 shall be entitled to make partial deliveries insofar as this is reasonable for the Customer.

In the case of orders from Customers with a place of residence or business abroad or in the event of justified indications of a risk of non-payment, CLOUD7 reserves the right to deliver only after receipt of the purchase price plus shipping costs (reservation of prepayment). If CLOUD7 makes use of the prepayment reservation, the Customer shall be informed immediately.

If the Customer effectively revokes his contractual declaration in accordance with VII, the Customer may, if the legal requirements are met, demand reimbursement of costs already paid for shipping to the Customer (shipping costs).

V. Payment

The purchase price and shipping costs shall be paid upon receipt of the goods, unless otherwise specified by CLOUD7.

The following payment methods for the purchase price and shipping costs are generally available to the Customer in the CLOUD7 Online Store:

Credit and Debit Cards

Visa, Mastercard, American Express: Simply enter your credit card details at checkout. The payment is processed automatically, and your card is charged once the order is confirmed.

Digital Wallets

PayPal, PayPal Express: After completing your order, you’ll be redirected to PayPal for fast and secure payment. Your order will be processed immediately after the payment is confirmed.

Apple Pay, Google Pay: Use your device’s built-in payment system for a one-tap, secure, and quick checkout experience.

Prepayment (Vorkasse)

Prepayment: Select Prepayment to pay via bank transfer. After placing your order, you will receive our bank details to complete the payment. Your order will be processed once we receive the payment in our account.

Local Payment Methods

For customers in Germany and surrounding regions:

Giropay: A popular payment method in Germany, enabling direct and secure payments from your bank account.

EPS Überweisung: Widely used in Austria, this method allows secure and direct bank transfers.

iDEAL: Common in the Netherlands, iDEAL offers a secure way to pay using online banking.

Bancontact: Available for Belgian customers, allowing secure payments via direct transfer from your bank account.

International Payment Methods

UnionPay: A trusted payment method in China and other Asian countries. Payment processing is fast once confirmed.

Your payment data is always protected by SSL encryption, ensuring that your transaction is secure from start to finish.

VI. Retention of title

The goods remain the property of CLOUD7 until full payment has been made.

VII. Right of withdrawal

If the Customer is a consumer, i.e. a natural person who places the order for a purpose that cannot be attributed to his commercial or self-employed professional activity, he shall be entitled to a right of withdrawal in accordance with the statutory provisions.

If the customer as a consumer makes use of his right of withdrawal according to the above paragraph 1, he has to bear the regular costs of the return shipment.

In all other respects, the provisions set out in detail in the following REVOCATION POLICY shall apply to the right of revocation

Right of withdrawal

The customer has the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the goods.

To exercise the right of withdrawal, the customer must inform CLOUD7 GmbH, Zur Heide 9, 15712 Königs Wusterhausen, OT Zernsdorf, Germany, support@cloud7.de, phone: (0)3375 9597480, of his decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). The customer may use the attached sample withdrawal form, but this is not mandatory. The Customer may also electronically complete and submit the sample withdrawal form or another clear declaration on the Cloud 7 website (https://cloud7.de/de/kontakt/). If the Customer makes use of this option, CLOUD7 shall immediately (e.g. by email) send the Customer a confirmation of receipt of such a revocation.

To comply with the revocation period, it shall be sufficient for the Customer to send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of withdrawal

If the Customer withdraws from this contract, CLOUD7 shall reimburse the Customer for all payments CLOUD7 has received from the Customer, including delivery costs (with the exception of additional costs resulting from the Customer choosing a type of delivery other than the cheapest standard delivery offered by CLOUD7), immediately and at the latest within fourteen days from the day on which CLOUD7 receives notification of the withdrawal from this contract. For this repayment, CLOUD7 shall use the same means of payment that the Customer used for the original transaction, unless expressly agreed otherwise with the Customer; in no case shall CLOUD7 charge the Customer any fees for this repayment. CLOUD7 may refuse repayment until CLOUD7 has received the goods back or until the Customer has provided proof that he has returned the goods, whichever is the earlier.

The Customer must return or hand over the goods to CLOUD7 immediately and in any case within fourteen days at the latest from the day on which he informed CLOUD7 of the revocation of this contract. The deadline shall be deemed to have been met if the Customer sends the goods before the expiry of the fourteen-day period.

Free return within Germany. Outside Germany, the Customer shall bear the direct costs of returning the goods.

The customer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

- End of the withdrawal policy -

The right of withdrawal does not apply to distance contracts

For the delivery of goods which have been manufactured according to customer specifications or which are clearly tailored to personal needs or which are not suitable for return due to their nature or which can spoil quickly or whose expiration date has been exceeded; also excluded are dog whistles or similar for reasons of hygiene.

For the delivery of audio or video recordings or software, provided that the customer has unsealed the delivered data carriers.

CLOUD7 shall provide the following information on the model withdrawal form in accordance with the statutory provisions:

Model withdrawal form

(If you wish to withdraw from the contract, please fill out this form and send it back to us).

- To CLOUD7 GmbH, Zur Heide 9, 15712 Königs Wusterhausen, OT Zernsdorf, support@cloud7.de

- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

- Ordered on (*)/received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only for notification on paper)

- Date

(*) Delete as appropriate.

 

VIII. TRANSPORT DAMAGE

If goods are delivered with obvious transport damage, the Customer is requested to complain about such defects to the deliverer as soon as possible and to contact CLOUD7 immediately. Failure to make a complaint or contact CLOUD7 shall have no consequences for the Customer's legal claims and their enforcement, in particular its warranty rights. However, the Customer shall help CLOUD7 to assert its own claims against the carrier or the transport insurance company.

 IX. WARRANTY, GUARANTEES, CUSTOMER SERVICE

CLOUD7 shall be liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.

Any seller's warranties given by CLOUD7 for certain items or manufacturer's warranties granted by the manufacturers of certain items shall apply in addition to the claims for material defects or defects of title within the meaning of clause 1. details of the scope of such warranties are set out in the warranty conditions which may be enclosed with the items.

The CLOUD7 customer service for questions, complaints and objections is available: Monday - Friday : 9am - 12pm by phone +49 3375 9597480 and by email at support@cloud7.de.

X. LIABILITY

CLOUD7 shall be liable to the Customer in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.

In other cases, CLOUD7 shall only be liable - unless otherwise regulated in Section 3 below - in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the Customer may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, CLOUD7's liability shall be excluded, subject to the provision in Section 3 below.

The liability of CLOUD7 for damages resulting from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.

XI. OFFSETTING, RIGHT OF RETENTION

The Customer shall not be entitled to offset against CLOUD7's claims unless the Customer's counterclaims have been legally established or are undisputed. The Customer shall also be entitled to offset against CLOUD7's claims if it asserts notices of defects or counterclaims arising from the same purchase contract.

As a purchaser, a Customer may only exercise a right of retention if his counterclaim arises from the same purchase contract.

 

Code of conduct

CLOUD7 has submitted to the following codes of conduct:Trusted Shops Quality Criteria
http://www.trustedshops.com/tsdocument/ TS_QUALITY_CRITERIA_en.pdf

 

XII. COPYRIGHTS

CLOUD7 has copyrights to all images, films and texts published in the CLOUD7 Online Store. Use of the images, films and texts is not permitted without the express consent of CLOUD7.

 

XIII. APPLICABLE LAW, PLACE OF JURISDICTION

The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the Customer has placed the order as a consumer and has his habitual residence in another country at the time of the order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.

The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. CLOUD7 is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.