1. The following terms of business apply exclusively to all contracts concerning goods and services and deliveries of Cleware GmbH.
2. If the customer is a businessman, the following also applies:
   Inclusion of other general terms of business, commercial terms or conditions of purchase is expressly excluded. This also applies if in business letters of confirmation there are suggestions for such inclusions.

II. Contract completion and prices

1. By clicking the “send order“button, the customer makes an offer obliging them to purchase the goods contained in the goods basket. All preliminary activities in the order process of the Online Shop are legally non-binding.
   Cleware GmbH confirms receipt immediately after receipt of the order by e-mail. With this e-mail, Cleware GmbH also transmits to the customer their stored data for processing the order as well as these Terms and Conditions. This does not apply if the customer has not provided an e-mail address with the order or if it is not valid. Acknowledgement of receipt does not entail acceptance of the offer.
2. All offers of Cleware GmbH in the Online Shop are non-binding and subject to availability. Acceptance of the contract offer by the customer occurs only through confirmation of shipping or if the customer chooses the”Prepay” payment option. If no shipping confirmation is transmitted, acceptance of the contract offer by the customer occurs through shipping of the product or issuance of the product to the customer.
3. Should the product ordered by the customer not be available at short notice, Cleware GmbH will immediately inform the customer.
4. All prices include all taxes, in particular VAT and other price components. In addition, shipping costs arise to which the customer is referred within the order process before completion of the binding order separately.

III. Shipping and payment options

1. The customer chooses during the order between the payment options "Paypal", "prepay", "cash on delivery" ,"invoice" (for private customers possible at the second order) and "credit card". With payment by Paypal or prepayment, Cleware GmbH ships the product immediately upon receipt of full payment by the customer. With invoice, credit card or cash on delivery payment, Cleware GmbH ships the product – if in stock – immediately upon receipt of the order. Cash on delivery costs, the amounts of which are based on the rates of Deutsche Post AG, are charged to the customer.
2. In accordance with the previous agreement, the customer can pick up the product at Cleware GmbH. Cleware GmbH calculates a service fee of 5.95 EUR in this case.

IV. Delivery times

1. If non-compliance of the agreed term of delivery occurs due to force majeure, labor dispute, fire, unforeseen obstacles or other circumstances not attributable to Cleware GmbH, the term of delivery is extended for the duration of these circumstances. This also applies if Cleware GmbH is by occurrence of the impeding conditions in delay of delivery.
2. If the impediment to performance continues for more than one month, Cleware GmbH as well as the customer is entitled to immediately withdraw from the contract. In addition, the rights of the customer remain unaffected by it. Cleware GmbH will immediately inform the customer of an impediment to performance and refund already rendered services of the customer immediately in case of withdrawal.

V. Delivery, transport, bearing of risk

1. Cleware GmbH selects for the transportation of the purchased goods the transport company which offers the most favorable shipping method in relation to price, reliability and speed.
2. If the customer is not a consumer within the meaning of §13 BGB (Civil Code), the following also applies:
   
   a. The customer bears the risk in the delivery to the transportation company. Cleware GmbH is free from obligation in the delivery to the transportation company. Transport of the product is at the risk of the customer. Upon request of the customer, Cleware GmbH arranges transport insurance. The customer bears the insurance costs.
   
   b. Cleware GmbH is entitled to produce part deliveries. 2 a also applies if part deliveries occur or Cleware GmbH has assumed additional services, e.g., transport costs or delivery.

VI. Right of rescission

If the customer is a consumer within the meaning of §13 BGB, the customer has right of rescission as follows:

1. Right of rescission, term, exercise
   You can cancel your contractual acceptance within 1 month without notice, in text form (e.g., fax, letter, e-mail) or - if you relinquish the item before the deadline - by return of the item. The term begins with receipt of these instructions in text form, however, not before receipt of the product by the receiver (by returning delivery of goods of the same kind not before receipt of the first part delivery) and also not before fulfillment of our information duties according to §312c Abs. 2 BGB in connection with §1 Abs. 1, 2 and 4 BGB-InfoV as well as our responsibilities according to §312 e Abs. 1 Satz 1 BGB in connection with §3 BGB-InfoV.
   For adherence to the cancellation period, the timely sending of the cancellation or the item is sufficient. The cancellation or return is to be sent to:
   
   Cleware GmbH
   Nedderend 3
   24876 Hollingstedt
   Fax 04627 / 189809
   eMail: info@cleware.de.
   
   
2. Results of cancellation
   In case of effective cancellation, the goods received on both sides are to be returned and if necessary the uses (e.g., interest) are to be released. If you cannot return the received goods completely or partially or only in a deteriorated state, you must provide us any necessary compensation. With the surrender of items this does not apply if the deterioration of the item is exclusively attributable upon check as it would have possibly been in a retail shop. You need not make any compensation for designated use of the item resulting in deterioration.
   Items able to be sent by parcel shipment are to be sent back. You bear the costs of return if the product delivered corresponds to the product ordered and if the price of the item returned does not exceed 40.00 € or if you have not yet produced the return service or a partial payment contract with a higher price of the item at the time of cancellation. Otherwise the return is free of charge. Items not able to be sent by parcel shipment are collected by you.
   Obligations concerning reimbursement must be fulfilled within 30 days. The term begins for you at the time your cancellation explanation is sent or the item when it is received by us.

VII. Usage Restriction, export ban

1. The customer is referred to the fact that the products sold by Cleware are not suitable for medical use of any kind, as well as the production or processing of food. Cleware GmbH is not liable for damages resulting from such use or other use of the products contrary to regulations.
2. Resale of products sold by Cleware GmbH is not permitted in the USA.

VIII. Guarantee, investigation duties

1. Cleware GmbH assumes the guarantee for the delivered goods and services rendered within the legal regulations. For goods which are expressly marked as used goods, the guarantee term is one year from receipt by the customer. The guarantee does not apply to wear and tear.
   Defects and damage which result from the fact that the customer has not observed the regulations concerning installation, hardware and software environment, use and conditions of use, are not included in the guarantee. This does not apply if the customer proves that the fault is not due to these circumstances.
2. The customer has the option to require correction of faults or replacement. If one of the types of subsequent service is possible for Cleware GmbH only with disproportionately high costs, the claims of the customer for the other type of subsequent services are limited. If the subsequent service fails twice, the customer can withdraw from the contract or require a reduction of reimbursement. Claims for damages are not included.
   If the customer chooses correction of faults, the customer should send the product in the original or proper packaging to Cleware GmbH and include with the return a detailed error description. Cleware GmbH is not liable for damages which are caused by improper packaging by the customer.
3. If the customer is not a consumer within the meaning of §13 BGB, the following also applies:
   The warranty period is one year. Goods expressly marked as used goods are not included in the guarantee. §§377, 378 HGB remain unaffected.
   

IX. Retention of title

1. All goods delivered by Cleware GmbH remain until full payment of Cleware GmbH. For the duration of the retention of title, the customer relinquishes all claims due to destruction or deterioration of the goods subject to retention of title (e.g., from breach of contractual obligations or insurance claims) to Cleware GmbH, in each case by open payment amount.
2. If the object of purchase becomes inseparably combined or mixed with other items not belonging to Cleware GmbH, Cleware GmbH acquires joint ownership of the new item in relation to the value of the object of purchase to the other combined or mixed objects at the time of combining or mixing.
3. If a third party accesses the goods subject to retention of title, e.g., by way of enforcement by writ, the customer is obliged to indicate the third party to Cleware GmbH and to inform Cleware GmbH immediately about the third party access in writing.
4. If the customer is a businessman, the following also applies:
   
   a. Cleware GmbH remains owner of the delivered goods until receipt of all payments from business relations with the customer. The customer is obliged to insure the goods subject to retention of title for the duration of the retention of title against fire, water, theft and burglary. The customer relinquishes all rights from this insurance to Cleware GmbH.
   
   b. The customer is entitled to resale, pledge, assignment as security, renting or shipping of the goods subject to retention of title in a foreign country only with prior written consent of Cleware GmbH.
   

X. Compensation, right of retention

1. The customer can charge against claims of Cleware GmbH only with indisputable or legally established demands.
2. If the customer is a businessman, the following also applies:
   The customer can exercise right of retention or right to withhold performance only concerning indisputable or legally established counterclaims.
   

XI. Right of use, place of delivery, legal venue

1. German law applies exclusively. Validity of the uniform UN Purchase Law is not included.
2. If the customer is a businessman, the following also applies:
   For all claims between the customer and Cleware GmbH in the existing contract the place of delivery is Cleware GmbH. The exclusive legal venue for all disputes arising directly or indirectly from the contract is Flensburg.
   

XII. Privacy Policy

We, Cleware GmbH, Nedderend 3, 24876 Hollingstedt, take the protection of your personal data very seriously and adhere strictly to data protection laws. Personal data is compiled on this website only for technically necessary reasons. In no cases will the compiled data be sold or transmitted to a third party for any other reason.
The following statement provides an overview of how we guarantee protection and what kind of data is compiled for which purpose.

1. Location responsible for data protection
   The location responsible for data protection at Cleware GmbH is: Tanja Ehring, Cleware GmbH, Nedderend 3, 24876 Hollingstedt, email: tehring@cleware.de.
2. Data processing on the website www.cleware.de
   a. Cleware GmbH stores your data which you provide with your registration as a customer as well as all data concerning orders placed by you. You agree to the fact that Cleware GmbH stores your data for the purpose of processing the order electronically. Cleware GmbH sends the stored data record to you after the first registration along with the Terms and Conditions by e-mail. You can see your stored data in the customer login area.
   You also agree to the fact that Cleware GmbH transmits customer data, as far as necessary, for processing the order to third parties, in particular to loan institutions and contracting partners. This approval is also expressed by the customer in the course of the order process.
   
   b. You can revoke your approval for data storage and transmission at any time in effect for the future. You also have the right to free information, updating, blocking and if necessary deletion of your stored data. Cancellation or exercise of rights must be by e-mail or post to the location responsible for data protection according to Pt. 1.
   
   c. Cleware GmbH compiles and automatically stores information in its server log files which your browser transmits to us. This is:
   
   - Browser type / version
   - operating system used
   - Referring URL (previously visited site)
   - Hostname of the accessing computer (IP address)
   - Time of the server request.
   
   For Cleware GmbH it is technically impossible to not assign this data to a particular person. A conflation of this data with other data sources is not done. The data is deleted after a statistical evaluation.
3. Cookies
   The website www.cleware.de uses cookies in several places. Cookies do not cause damage to your computer and do not contain viruses. They serve to make our offer user-friendly, more up-to-date and more secure.
   Cookies are small text files which are filed in your computer and which your browser stores. Most of the cookies used by us are “session cookies”. They are automatically deleted after your visit.
   In addition, information about the contents of your goods basket and chosen access is stored with cookies on the server of Cleware GmbH. This data is therefore available in each visit to the Online Shop website ww.cleware.de. You can regulate the acceptance of cookies and their management in your Internet browser, close if necessary acceptance and delete the remaining cookies.
4. Newsletter
   If you liked to receive the newsletter offered on the website, we need from you a valid e-mail address as well as information allowing us to check that you are the owner of the given e-mail address or that the owner agrees to receive the newsletter. Other data is not compiled. You can also revoke this approval at any time. Cleware GmbH will include in every newsletter the option to cancel.
5. Further information
   Your trust is important to us, so we are available at all times to answer any questions with regard to the processing of your personal data. If you have any questions which this data protection explanation could not answer or if you would like detailed information on any point, please contact the location responsible for data protection any time (Pt. 1).