Terms & Conditions
Cloud7 GmbH (subsequent named as „Cloud7“)
Zur Heide 9
15712 Königs Wusterhausen / Germany
Competent County Court: Cottbus, HRB: 15176
VAT No. (§27a UStG): DE312194533
Person responsible: Petra Jungebluth, Zur Heide 9, 15712 Königs Wusterhausen, OT Zernsdorf
1. These General Terms and Conditions apply to all declarations of intent, contracts and legal transactions or actions similar to legal transactions between Cloud7 and the customer in the version valid at the time of the respective order when purchasing via the Cloud7 online shop.
2. The offers of the Cloud-7 online shop covered by these General Terms and Conditions are directed exclusively at consumers within the meaning of Section 13 of the German Civil Code (BGB) as Customers (hereinafter referred to as "Purchaser" or "Customer"). Customers within the meaning of these General Terms and Conditions are therefore natural persons who conclude purchases in the Cloud-7 online shop for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.
For commercial Customers, the General Terms and Conditions available under www.cloud7.de/retailer/terms-and-conditions shall apply.
3. Any terms and conditions contrary to or deviating from these General Terms and Conditions shall not be recognised 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 of terms and conditions of the Customer that conflict with or deviate from these General Terms and Conditions. Individual contractual agreements take precedence over these General Terms and Conditions.
4. These General Terms and Conditions shall also apply to all future business relations with the Customer, even if they are not expressly agreed again. These General Terms and Conditions shall be deemed accepted by the Purchaser at the latest upon receipt of goods or services. The currently valid General Terms and Conditions of Business can be accessed and printed out on the Cloud7 website at www.cloud7.de/en/terms-and-conditions or www.cloud7.de/retailer/terms-and-conditions
II. CONTRACTING PARTIES, CONCLUSION OF THE CONTRACT
1. The purchase contract is concluded with Cloud7.
2. The presentation and advertising of items in the Cloud7 online shop does not constitute a binding offer to conclude a purchase contract. The Customer can initially place the products in the shopping basket 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.
3. By sending an order via the Cloud7 online shop by clicking the "order button", the Customer places a legally binding order. The Customer is bound to the order for a period of two (2) weeks after placing the order. The Customer's right, if any, to revoke the order in accordance with Section VII. remains unaffected by this.
4. Cloud7 shall immediately confirm receipt of the order placed via the Cloud7 online shop to the Customer by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless acceptance is declared therein in addition to confirmation of receipt. A contract is only concluded when Cloud7 accepts the Customer's order by means of a declaration of acceptance or by delivery of the ordered items.
5. If delivery of the goods ordered by the Customer is not possible, for example because the goods in question are not in stock, Cloud7 shall refrain from issuing a declaration of acceptance. In this case a contract is not concluded. Cloud7 will inform the Customer of this immediately and reimburse 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 saves the text of the contract and sends the Customer the order data and the General Terms and Conditions by e-mail. The Customer can view the contract text in the Cloud7 Customer login.
IV. PRICES, TERMS OF DELIVERY
1. All prices quoted in the Cloud7 online shop are gross prices including the statutory value added tax and do not include shipping costs.
2. The shipping costs are indicated in the price details in the Cloud7 online shop. The price including VAT and applicable shipping costs is also displayed in the order mask before the Customer submits the order.
3. Cloud7 is entitled to make partial deliveries insofar as this is reasonable for the Customer.
4. In the case of orders from Customers with their place of residence or business abroad or in the case 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 (advance payment reservation). In the event that Cloud7 makes use of the reservation of advance payment, the Customer shall be informed thereof without delay.
5. If the Customer effectively revokes its contractual declaration in accordance with Section VII, the Customer may, if the legal requirements are met, demand reimbursement of costs already paid for shipment to the Customer (shipping costs).
1. The purchase price and shipping costs are to be paid upon receipt of the goods, unless otherwise stated by Cloud7
2. In the Cloud7 online shop, the following payment methods are generally available to the Customer for the purchase price and shipping costs:
If the advance payment method is selected, Cloud7 will provide the Customer with the bank details in a separate e-mail and deliver the goods after receipt of payment.
When placing the order, the Customer simultaneously transmits his credit card data to Cloud7. After the Customer has been legitimized as a legitimate cardholder, Cloud7 requests the Customer's credit card company to initiate the payment transaction immediately after the order has been placed. The payment transaction is automatically carried out by the credit card company and the Customer's card is charged.
In the order process, the Customer is redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, the Customer must be registered there or register first, legitimize himself with his access data and confirm the payment instruction to Cloud7. After placing the order in the shop, Cloud7 requests PayPal to initiate the payment transaction. The payment transaction is automatically carried out by PayPal immediately afterwards. The Customer will receive further instructions during the order process.
After selecting the payment method Sofortüberweisung in the order process, the Customer is directly directed to the secure payment form of SOFORT GmbH. SOFORT GmbH takes over the payment process automatically without Cloud7 being able to view it, which is comparable to an EC card payment with PIN. In order to carry out an Directebanking transfer, SOFORT GmbH requires the Customer's name, bank code and account number as well as the PIN and a TAN of the Customer's online banking account. Only the name, bank code, account number of the Customer, as well as the reason for transfer, amount and date of the transfer are stored, not the credit limit or account balance of the Customer's account or past transactions. In the event of a successful transaction, Cloud7 only receives an automated confirmation in real time from SOFORT GmbH that the transfer has been executed.
VI. RESERVATION OF OWNERSHIP
The goods remain the property of Cloud7 until full payment has been made.
VII. RIGHT OF REVOCATION
1. If the Customer is a consumer, i.e. a natural person who places the order for a purpose that cannot be attributed to his/her commercial or self-employed professional activity, he/she shall be entitled to a right of withdrawal in accordance with the statutory provisions.
2. If the Customer, as a consumer, makes use of his right of revocation in accordance with point 1 above, he shall bear the regular costs of the return shipment.
3. In all other respects, the right of withdrawal shall be governed by the provisions set out in detail in the following Cancelation policy (Widerrufsbelehrung)
Right of withdrawal (Widerrufsrecht)
The Customer has the right to revoke this contract within fourteen (14) days without giving reasons.
The withdrawal period is fourteen (14) days from the day on which the Customer or a third party named by him who is not the carrier has taken possession of the goods.
To exercise your right of withdrawal, the Customer must contact Cloud7 GmbH, Zur Heide 9, 15712 Königs Wusterhausen, OT Zernsdorf, Germany, [email protected], Phone: (0)3375 9597480 ,by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of his or her decision to revoke this contract. The Customer may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory. The Customer can also complete and submit the model cancellation form or another clear declaration electronically on the Cloud7 website (https://cloud7.de/de/kontakt/). If the Customer makes use of this option, Cloud7 will send him/her confirmation of receipt of such revocation without delay (e.g. by e-mail).
In order to comply with the withdrawal period, it is sufficient for the Customer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If the Customer revokes this contract, Cloud7 shall repay to the Customer all payments received by Cloud7 from the Customer, including delivery costs (with the exception of additional costs resulting from the fact that the Customer has chosen a type of delivery other than the cheapest standard delivery offered by Cloud7), without undue delay and at the latest within fourteen days from the day on which Cloud7 received notification of the revocation of 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 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 without delay and in any case no later than within fourteen (14) days from the day on which he has informed Cloud7 of the revocation of this contract. The deadline is met if the Customer sends the goods before the expiry of the period of fourteen (14) days.
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 loss in value of the goods if this loss in value is due to handling by the Customer that is not necessary for testing the quality, characteristics and functioning of the goods.
- End of the cancellation policy-
4. 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 requirements or which are not suitable for return due to their nature or which can spoil quickly or whose expiry date has been exceeded; whistles also may not be returned due to hygienic reasons,
- for the delivery of audio or video recordings or of software, provided that the Customer has unsealed the delivered data carriers.
5. 5. Cloud7 informs about the model revocation form according to the legal regulation as follows:
Sample cancellation form
(If you wish to revoke the contract, please complete and return this form).
– To Cloud7 GmbH, Zur Heide 9, 15712 Königs Wusterhausen, OT Zernsdorf, Germany, [email protected]
– 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 in the case of notification on paper)
(*) Delete as applicable
VIII. TRANSPORT DAMAGE
If goods are delivered with obvious transport damage, the Customer is requested to complain about such defects to the delivery agent as soon as possible and to contact Cloud7 without delay. Failure to make a complaint or contact Cloud7 has no consequences for the Customer's legal claims and their enforcement, in particular his warranty rights. However, the Customer shall assist Cloud7 in being able to assert its own claims against the carrier or the transport insurance.
IX. WARRANTY, GUARANTEES, CUSTOMER SERVICE
1. Cloud7 is 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 (2) years and begins with delivery of the goods.
2. Any seller's warranties given by Cloud7 for specific items or manufacturer's warranties granted by the manufacturers of specific items shall be 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.
3. The Cloud7 Customer service for questions, complaints and objections can be reached on weekdays from 10:00-12:00 a.m. & 2:00 - 4:00 p.m. under the telephone number 00493375 9597480 as well as by e-mail under [email protected]
1. 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.
2. In other cases, Cloud7 shall be liable - unless otherwise provided in the following clause 3 - only in the event of a breach of a contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the Customer may regularly rely (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, Cloud7's liability is excluded subject to the provision in clause 3 below.
3. Cloud7's liability for damages arising 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. SET-OFF, RIGHT OF RETENTION
1. The Customer is not entitled to offset claims of Cloud7 unless the Customer's counterclaims have been legally established or are undisputed. The Customer is also entitled to offset against Cloud7's claims if he asserts notices of defects or counterclaims from the same purchase contract
2. 2. As a Purchaser 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
Cloud7 holds copyrights to all images, films and texts published in the Cloud7 online shop. Use of the images, films and texts is not permitted without the express consent of Cloud7.
XIII. APPLICABLE LAW, PLACE OF JURISDICTION
1. 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.
2. The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. More 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.