Terms and Conditions

 

1. General

All work and delivery is covered by these terms and conditions. Departure from these must be defined in writing. The bill of sale is valid only if the purchase is accepted in writing (email is sufficient) by Cleware GmbH. When opening the packing the customer accepts the copyright and the guaranty terms of the Cleware GmbH.

 

2. Statements and Offers

Statements and offers are subjects to alternation. Contracts and statements must be accepted in a written statement from the Cleware GmbH. All drawings, size, etc. may differ slightly.

 

3. Delivery period

Delivery periods must be defined in writing. The delivery period extends if unforeseen things happen. There will be no compensations for delayed delivery.

 

4. Prices and terms of payment

The prices are shown in Euro and do not include shipping costs. The prices include the german sales tax. The sales tax will be subtracted if the customer sends his sales tax identification number. Foreign and first time customers always must pay in advance.

When shipping is send with an invoice, the payment must be done within 7 days. In case of arrears, interest must be payed 5% above the interest rate of the EZB. In this case, the Cleware GmbH will not ship to this customer anymore. There is no compensation for that case. 

 

5. Reservation of proprietary rights

The Cleware GmbH reserves the proprietary rights until the complete amount of bill is received. 

 

6. Resale

Resaling needs the written permission from the Cleware GmbH. The export to the USA is forbidden due to liability reasons.

 

7. Shipment and transfer of perils

The kind of shipment is decided by Cleware GmbH. The shipment costs are payed by the customer. 

Transportation damage must be confirmed by the forwarder. In case of invisible transportation damages the forwarder must be notified immediately and a written confirmation is needed. The damaged goods must be returned to Cleware GmbH including the written confirmation of the forwarder. After receiving the damaged goodes, Cleware GmbH will send a replacement.

Unfranked returns will not be accepted! The Cleware GmbH will refund the shipment costs after receiving the goods.

 

8. Right of revocation


You have the right to cancel this contract within fourteen days without specifying reasons. The cancellation period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, have or has received the last of the goods. In order to exercise your right of revocation, you must contact us:

Cleware GmbH
Nedderend 3
24876 Hollingstedt, Germany
Tel +49 4627 / 189808
Fax +49 4627 / 189809
eMail: order@cleware.net

with a clear explanation (e.g. by a letter sent by mail, fax or email) of your decision to cancel this contract. You can use the revocation form, however this is not required.
To exercise the right of revocation, it is sufficient that you send us notification that you are exercising your right of revocation prior to the lapse of the cancellation period.

Consequences of cancellation

If you cancel this contract, we must refund all payments which we have received from you, including delivery costs (except for additional costs arising from your choice of a different type of delivery than the affordable standard delivery which we offer), immediately, no later than within fourteen days from the day on which your notification of cancellation of this contract has been received by us.
We use the same means of payment that you used for the original transaction, unless something expressly different has been agreed upon with you; you will never be charged a fee for this refund.
We can refuse the refund until we have received the returned goods or until you have furnished proof that you have sent the goods back to us, depending on whichever takes place first.
You must return or transfer the goods to us immediately, within fourteen days of the day on which you have notified us of the cancellation of this contract.
The period has been observed if you send the goods prior to the lapse of the fourteen day period.
You bear the direct costs of the return shipment of the goods.
You are only responsible for covering any loss in value of the goods if this loss in value is based on unnecessary handling of the goods in order to inspect the characteristics, properties and function of the goods.

Notice for non-existence of right of revocation


The right of revocation does not exist for distance contracts
for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery.

 

9. Limitation of use

 

It is strongly prohibited to use any of the Cleware devices if the failure of the product may harm people

 

10. Data processing

The data needed for doing the business will be stored on and processed by computers.

 

11. Guarantee and exclusion of liability

Cleware GmbH states that the goods are free of errors as defined by the state of the art. Anyway the customer is aware of the fact, that software is never free of errors. As long as these errors doesn't limit the use of the product very much, these are not a fault.

The guarantee is void in the case of improper use, storing or operating. Improper use includes the usage described in "9. Limitation of use". The guarantee is also void if the products was opened or modified. 

The customer has to check the goods immediately after receipt. Obvious faults must be declared to Cleware GmbH immediately, in one week at the latest.

Cleware GmbH will fix the fault or send a replacment. The customer is committed to return the goods to Cleware GmbH. In any case the customer is committed to describe the fault in detail and send this report to Cleware GmbH.

Before installing the software or connectiong the device, the customer is committed to backup the computer data. In case of the lost of data the Cleware GmbH will not be liable.

Any other liability is excluded no matter for what legal reason. This is not the case in terms of gross negligence or the intent of Cleware GmbH. 

 

12. Miscellaneous

If any parts of this terms are invalid, the other part will be not effected. 

 

13. Place of contract fulfillment and court of jurisdiction

Place of contract fulfillment and court of jurisdiction for any obligations of the contract is 

D-24876 Hollingstedt in Germany.

 

29.11.2002

 

Cleware GmbH

Nedderend 3

D-24876 Hollingstedt

Germany

Managing director: Wilfried Söker

AG Schleswig HRB 1203

 

The Cleware GmbH was founded in 2000. 
The main focuses are
 
development, production and distribution of USB devices
 
 
software development in C, C++ und Assembler 
 
 
 
 
Die Cleware GmbH is registered in Germany at Handelsregister AG Schleswig, HRB 1203.
The company is located in Hollingstedt, Germany.
Managing director Dipl.-Ing. Wilfried Söker
VAT-ID DE 211 878 554 1. General All work and delivery is covered by these terms and conditions. Departure from these must be defined in writing. The bill of sale is valid only if the purchase is accepted in writing (email is sufficient) by Cleware GmbH. When opening the packing the customer accepts the copyright and the guaranty terms of the Cleware GmbH. 2. Statements and Offers Statements and offers are subjects to alternation. Contracts and statements must be accepted in a written statement from the Cleware GmbH. All drawings, size, etc. may differ slightly. 3. Delivery period Delivery periods must be defined in writing. The delivery period extends if unforeseen things happen. There will be no compensations for delayed delivery. 4. Prices and terms of payment The prices are shown in Euro and do not include shipping costs. The prices include the german sales tax. The sales tax will be subtracted if the customer sends his sales tax identification number. Foreign and first time customers always must pay in advance. When shipping is send with an invoice, the payment must be done within 7 days. In case of arrears, interest must be payed 5% above the interest rate of the EZB. In this case, the Cleware GmbH will not ship to this customer anymore. There is no compensation for that case. 5. Reservation of proprietary rights The Cleware GmbH reserves the proprietary rights until the complete amount of bill is received. 6. Resale Resaling needs the written permission from the Cleware GmbH. The export to the USA is forbidden due to liability reasons. 7. Shipment and transfer of perils The kind of shipment is decided by Cleware GmbH. The shipment costs are payed by the customer. Transportation damage must be confirmed by the forwarder. In case of invisible transportation damages the forwarder must be notified immediately and a written confirmation is needed. The damaged goods must be returned to Cleware GmbH including the written confirmation of the forwarder. After receiving the damaged goodes, Cleware GmbH will send a replacement. Unfranked returns will not be accepted! The Cleware GmbH will refund the shipment costs after receiving the goods. 8. Right of return The Cleware GmbH grants private people the right of return for a period of two weeks. Those people may return the goods within two weeks after the delivery. The goods must be send to Cleware GmbH, Nedderend 3, D-24876 Hollingstedt, Germany. The returned goods must be in an unmodified state. The original packaging must be used. In case of damaged or soiled goods, the Cleware GmbH reserves the right of compensation. Unfranked returns will not be accepted! The Cleware GmbH will refund the shipment costs and the received payment after receiving the goods. 9. Limitation of use It is strongly prohibited to use any of the Cleware devices in medical application production or processing of food if the failure of the product may harm people 10. Data processing The data needed for doing the business will be stored on and processed by computers. 11. Guarantee and exclusion of liability Cleware GmbH states that the goods are free of errors as defined by the state of the art. Anyway the customer is aware of the fact, that software is never free of errors. As long as these errors doesn't limit the use of the product very much, these are not a fault. The guarantee is void in the case of improper use, storing or operating. Improper use includes the usage described in "9. Limitation of use". The guarantee is also void if the products was opened or modified. The customer has to check the goods immediately after receipt. Obvious faults must be declared to Cleware GmbH immediately, in one week at the latest. Cleware GmbH will fix the fault or send a replacment. The customer is committed to return the goods to Cleware GmbH. In any case the customer is committed to describe the fault in detail and send this report to Cleware GmbH. Before installing the software or connectiong the device, the customer is committed to backup the computer data. In case of the lost of data the Cleware GmbH will not be liable. Any other liability is excluded no matter for what legal reason. This is not the case in terms of gross negligence or the intent of Cleware GmbH. 12. Miscellaneous If any parts of this terms are invalid, the other part will be not effected. 13. Place of contract fulfillment and court of jurisdiction Place of contract fulfillment and court of jurisdiction for any obligations of the contract is D-24876 Hollingstedt in Germany. 29.11.2002 Cleware GmbH Nedderend 3 D-24876 Hollingstedt Germany Managing director: Wilfried Söker AG Schleswig HRB 1203