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.
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.
Delivery periods must be defined in writing. The delivery period extends if unforeseen things happen. There will be no compensations for delayed delivery.
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.
The Cleware GmbH reserves the proprietary rights until the complete amount of bill is received.
Resaling needs the written permission from the Cleware GmbH. The export to the USA is forbidden due to liability reasons.
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.
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:
24876 Hollingstedt, Germany
Tel +49 4627 / 189808
Fax +49 4627 / 189809
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.
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.
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.
It is strongly prohibited to use any of the Cleware devices if the failure of the product may harm people
The data needed for doing the business will be stored on and processed by computers.
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.
If any parts of this terms are invalid, the other part will be not effected.
Place of contract fulfillment and court of jurisdiction for any obligations of the contract is
D-24876 Hollingstedt in Germany.
Managing director: Wilfried Söker
AG Schleswig HRB 1203