Terms & Conditions

General terms and conditions with customer information

1. Scope of application

2. Offers and service descriptions

3. Order process and conclusion of the contract

4. Prices and shipping costs

5. Delivery, availability of goods

6. Terms of payment

7. Retention of title

8. Warranty for material defects and guarantee

9. Liability

10. Storage of the contract text

11. Revocation instruction

12. Final provisions

1. Scope of application

1.1 For the business relationship between ClayClaim, owner Simon Haase (from now on “Seller”), and the Customer (from now on “Customer”), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order.

1.2 The sales contract comes off with ClayClaim, owner Simon Haase. Further information and contact details can be found in the imprint. You can reach our customer service for questions, complaints, and complaints on workdays from[9:00 o’clock] to[18:00 o’clock] on the telephone number[0221-12345] or by e-mail at[customer@clayclaim.com].

1.3 For the purposes of these General Terms and Conditions, a consumer is any natural person who enters into a legal transaction for a purpose that can predominantly neither be attributed to his commercial nor to his independent professional activity (§ 13 BGB).

1.4 Deviating conditions of the Customer are not recognized unless the Seller expressly agrees to their validity.

2. Offers and service descriptions

The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogs and on websites of the Seller do not have the character of an assurance or guarantee.

All offers are valid “while stocks last” unless otherwise stated for the products. In all other respects, errors are reserved.

3. Order process and conclusion of the contract

3.1 The Customer can select products from the Seller’s range without obligation and collect them in a so-called shopping basket by clicking on the[add to shopping basket] button. Within the shopping cart the product selection can be changed, e.g. deleted. The Customer can then proceed to the completion of the order process within the shopping basket using the button[Proceed to checkout].

3.2 The Customer submits a binding application for the purchase of the goods in the shopping basket via the button[Payable order]. Before sending the order, the Customer can change and view the data at any time and return to the shopping basket or cancel the order process as a whole using the browser function “back.” Required fields are marked with an asterisk (*).

3.3 The Seller then sends the Customer an automatic confirmation of receipt by e-mail, in which the Customer’s order is listed again and which the Customer can print out using the “Print” function (order confirmation). The automatic acknowledgment of receipt merely documents that the Customer’s order has been received by the Seller and does not constitute acceptance of the request. The sales contract is only concluded when the Seller has dispatched the ordered product within 2 days to the Customer, handed it over, or confirmed the dispatch to the Customer within 2 days with a second e-mail, express order confirmation, or sending the invoice.

4. Prices and shipping costs

4.1 All prices quoted on the Seller’s website are inclusive of the applicable statutory value-added tax.

4.2 In addition to the stated prices, the Seller shall charge shipping costs for the delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and in the course of the order process.

5 Delivery, availability of goods

5.1 Payment is made by Paypal or credit card (via the service provider Stripe).

5.2 Should the delivery of the goods fail through the fault of the buyer despite three attempts at delivery, the Seller may withdraw from the contract. Any payments made will be reimbursed to the Customer without delay.

5.3 If the ordered product is not available because the Seller is not supplied with this product by his supplier through no fault of his own, the Seller may withdraw from the contract. In this case, the Seller will immediately inform the Customer and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the Customer does not wish to receive a comparable product, the Seller will immediately reimburse the Customer for any consideration already paid.

5.4 Customers are informed about delivery times and delivery restrictions (e.g., limitation of deliveries to certain countries) on a separate information page or within the respective product description.

5.5 We deliver only in the dispatch process.

6. Payment modalities

6.1 The Customer can choose from the available payment methods during and before completion of the order process. Customers are informed about the available means of payment on a separate information page.

6.2 If third-party providers are commissioned with payment processing, e.g., Paypal. Their general terms and conditions apply.

6.4 If the due date of payment is determined according to the calendar, the Customer is already in default by default of the date. In this case, the Customer shall pay the statutory default interest.

6.5 The obligation of the Customer to pay default interest does not exclude the assertion of further default damages by the Seller.

6.6 The Customer is only entitled to a right of set-off if his counterclaims have been legally established or acknowledged by the Seller. The Customer can only exercise a right of retention if the claims result from the same contractual relationship.

7. Retention of title

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

8. Material defect warranty and warranty

8.1 The warranty is governed by statutory provisions.

8.2 A guarantee exists for the goods delivered by the Seller only if this was expressly given. Customers are informed of the warranty conditions before initiating the order process.

8.3 The warranty period for used articles is 12 months. Claims for damages remain unaffected by this regulation. Any guarantees do not limit the statutory warranty claims.

9. Liability

9.1 The following exclusions and limitations of liability apply to the Seller’s liability for damages without prejudice to the other statutory conditions for claims.

9.2 The Seller is liable without limitation if the cause of damage is based on intent or gross negligence.

9.3 Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the performance of which is essential for the proper performance of the contract and on whose compliance the Customer regularly relies. In this case, however, the Seller is only liable for the foreseeable, contract-typical damage. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the above sentences.

9.4 The above limitations of liability shall not apply in the event of injury to life, body, and health, for a defect after acceptance of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

9.5 Insofar as the Seller’s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives, and vicarious agents.

10. Storage of the contract text

10.1 The Customer can print out the text of the contract before placing the order with the Seller by using the print function of his browser in the last step of the order.

10.2 The Seller shall also send the Customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, but at the latest upon delivery of the goods, the Customer shall also receive a copy of the General Terms and Conditions together with instructions on revocation and the information on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view your orders in your profile area. In addition, we store the contract text but do not make it accessible on the Internet.

11. Revocation instruction

11.1 Consumers have a 14-day right of withdrawal.

11.2 You will find the detailed revocation instruction under the page “revocation revocation” – also accessible via this link: Revocation revocation.

12. Final provisions

12.1 Place of jurisdiction and place of performance is the Seller’s registered office if the Customer is a merchant, legal entity under public law or special fund under public law.

12.2 The contractual language is German.

12.3 European Commission Platform for Consumer Online Dispute Resolution (OS): http://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in a dispute settlement procedure before a consumer arbitration body.