Terms & Conditions

GENERAL TERMS AND CONDITIONS OF USE

1. SCOPE OF APPLICATION

1.A These General Terms and Conditions (hereinafter referred to as "GTC") of ClaraCos GmbH (hereinafter referred to as "ClaraCos", "We", "Us") apply to all contracts that a consumer (end customer) or entrepreneur (business customer) (hereinafter also referred to as "Customer", "You" and "Your") concludes with ClaraCos, with regard to the goods and/or services presented in the online store.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed (professional).

An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his/her commercial or self-employed professional activity.

1.B ClaraCos acts exclusively on the basis of the following GTC in the version valid at the time of your order.

1.C Our products are shipped within Germany, to all EU countries, Switzerland and most other countries. A detailed overview of our shipping terms can be found under the following link: Shipping Terms.

1.D Verbal agreements do not exist. The provisions of these terms and conditions can only be amended in writing.

1.E With respect to entrepreneurs, these GTC shall also apply to future business relations without the need to refer to them again. If the entrepreneur uses contradictory or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if they have been expressly agreed to in writing by ClaraCos GmbH.

 

2. CONTRACTING PARTIES, CONCLUSION OF CONTRACT

The purchase contract is concluded with the operator of the online store "Claracos.shop", namely

ClaraCos GmbH / Augustenstr. 68a / 80333 Munich / Germany

2.A The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. You can place our products in the shopping cart without obligation at the beginning and correct or change your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process.

2.B By clicking the order button "Pay now" you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order will be sent by e-mail immediately after sending the order.

2.C A contract is only concluded by the declaration of acceptance by ClaraCos, which is sent by a separate e-mail (order confirmation or shipping confirmation), at the latest, however, by the dispatch of the order. ClaraCos will declare acceptance either by sending a shipping confirmation or by shipping the goods within five working days from receipt of the order. If ClaraCos does not issue a declaration of acceptance within this period, the customer's order has not been accepted. In this case, any payment made will be refunded within a period of 3 working days by the same means by which it was made by the Customer.

2.D Order confirmations are completely automated. Therefore, please make sure that your stored e-mail address has been entered correctly and that the receipt of e-mail is generally ensured. In addition, please make sure that e-mails from ClaraCos do not end up in your spam filter.

2.E The languages available for the conclusion of the contract are German and English.

2.F When exactly the contract with ClaraCos comes into effect depends on the payment method you have chosen:

PayPal

You will be redirected to the website of the online provider "PayPal" during the ordering process. There you can enter your payment details and confirm the payment instruction via PayPal. After submitting the order in the store, we request PayPal to initiate the payment transaction and thereby accept your order.

Credit card (Visa, Amex, Mastercard)

Payment by credit card is made directly in the check out. Once the payment method has been successfully confirmed by the respective payment provider, you will be taken to a confirmation page. Hereby we accept your order.

Sofort (Klarna)

The payment by Sofort (formerly Sofortüberweisung) is made directly after the checkout. Here you will be redirected to the website of the online provider "Klarna". There you can enter your payment details and confirm the payment instruction via Klarna. After successful payment, we receive a confirmation from the payment provider "Klarna" and thereby accept your order. Please note that a payment confirmation by Klarna may take up to three days. This is not in our action and we can not influence this. Only after confirmation by Klarna we can process your order and initiate the shipment. Your order remains reserved until then.

Apple Pay

Payment via Apple Pay is made directly in the shopping cart. Here you will be redirected to the website of the online provider "Apple". This requires an Apple user account. There you can select your payment details and confirm the payment instruction via Apple. After successful payment, we receive a confirmation from the payment provider "Apple" and thereby accept your order.

Google Pay

The payment via Goole Pay is made directly in the shopping cart. Here you will be redirected to the website of the online provider "Google". This requires a Google user account. There you can select your payment details and confirm the payment instruction via Google. After successful payment, we receive a confirmation from the payment provider "Google" and thereby accept your order.

 

3. AVAILABILITY OF PRODUCTS / SERVICES

3.A If at the time of the order your ordered goods are not (or no longer) available, we reserve the right not to accept the order of the goods, so that no contract is concluded. The customer will be informed of this by e-mail or telephone (if a telephone number has been provided). In this case, any payment made will be refunded within a period of 3 working days by the same means by which it was made by the customer.

3.B In principle, there is no right to the availability of our products, even if they are shown as "Available" in the online store. From a technical point of view, it may occasionally happen that it is a display error, or that the product(s) have been sold by other customers during the checkout process.

 

4. PAYMENT

In our store, the following payment methods are generally available to you:

4.1 PayPal

During the order process you will be redirected to the website of the online provider "PayPal". There you can enter your payment details and confirm the payment instruction via PayPal. After submitting the order in the store, we request PayPal to initiate the payment transaction and thereby accept your order.

4.2 Credit card (Visa, Amex, Mastercard)

Payment by credit card is made directly in the checkout. Once the payment method has been successfully confirmed by the respective payment provider, you will be taken to a confirmation page. Hereby we accept your order.

4.3 Sofort (Klarna)

The payment by Sofort (formerly Sofortüberweisung) is made directly after the checkout. Here you will be redirected to the website of the online provider "Klarna". There you can enter your payment details and confirm the payment instruction via Klarna. After successful payment, we receive a confirmation from the payment provider "Klarna" and thereby accept your order. Please note that a payment confirmation by Klarna may take up to three days. This is not in our action and we can not influence this. Only after confirmation by Klarna we can process your order and initiate the shipment. Your order remains reserved until then. This is especially important to note when purchasing digital vouchers, which you will only receive by email once Klarna has confirmed your payment.

4.4 Apple Pay

Payment via Apple Pay is made directly in the shopping cart. Here, you will be redirected to the website of the online provider "Apple". This requires an Apple user account. There you can select your payment data and confirm the payment instruction via Apple. After successful payment, we receive a confirmation from the payment provider "Apple" and thereby accept your order.

4.5 Google Pay

The payment via Goole Pay takes place directly in the shopping cart. You will be redirected to the website of the online provider "Google". This requires a Google user account. There you can select your payment details and confirm the payment instruction via Google. After successful payment, we receive a confirmation from the payment provider "Google" and thereby accept your order.

4.6 Discount codes

If you have a discount code, the following applies:

4.6.1 Discount codes are non-transferable, provided that they have been issued to a name or customer account. This does not apply to freely accessible discount codes, e.g. from a newsletter.

4.6.2 Discount codes may be tied to a minimum order value. The value of the goods must be at least equal to the amount of the promotional voucher or the minimum order value. It is therefore not possible to refund or credit any remaining credit that arises if the value of the purchase is below the voucher value.

4.6.3 Discount codes may be limited to individual products. In this case, they are not transferable to other products.

4.6.4 Discount codes cannot be refunded or exchanged for cash.

4.6.5 If you return goods purchased with a discount code in whole or in part, or if goods can only be delivered in part, the voucher will not be refunded.

4.6.6 Discount codes usually have a specific validity period. This cannot be changed or extended.

4.6.7 Only one discount code can be used per order.

4.6.8 In principle, there is no right to a discount code, the period of validity or the value of goods.

4.6.9 Discount codes may not be sold or given away.

4.6.10 ClaraCos is not responsible for the functionality of a discount code, should it have been published by another third party.

4.6.11 Discount codes can be used only 1x per customer account, unless otherwise described.

4.6.12 ClaraCos reserves the right to refuse delivery and/or block customer accounts should there be a reasonable suspicion of abuse in connection with the use of discount codes. Likewise, we expressly reserve the right to take legal action with regard to discount code abuse.

4.7 Restrictions

We reserve the right to restrict the available payment methods for some orders. This is especially the case if payments with a certain payment method have been rejected or are not executed.

 

5. DELIVERY CONDITIONS / SHIPPING

5.1 Shipping costs may be added to the stated product prices. You can find out more about the amount of the shipping costs and the countries supplied in the respective offers. We do not deliver to packing stations.

5.2 For domestic deliveries (Germany) we charge 4.95 € shipping costs. From 30.00 € value of goods (after deduction of any discount codes used), domestic shipping is free.

5.3 For deliveries to Austria we charge 9,00 € shipping costs. From 50.00 € value of goods (after deduction of any discount codes used) shipping to Austria is free of charge.

5.4 For deliveries to all other EU member states (except Norway) we charge 12,50 € shipping costs. From 75.00 € value of goods (after deduction of any discount codes used) shipping to these countries is free of charge.

5.5 For deliveries to all other countries we charge a flat shipping fee of 16,50 €.

5.6 Delivery will be made to the delivery address you provided when placing your order, unless otherwise agreed in writing. This cannot be changed after an order has been completed.

5.7 If you do not accept ordered goods (refusal of acceptance), then we are entitled, after unsuccessful setting of a reasonable grace period, either to charge for the shipping costs incurred or to insist on performance of the contract or to withdraw from the contract.

5.8 If the logistics company returns the goods shipped by us to us because delivery to you was not possible, you shall bear the costs for the unsuccessful shipment. This does not apply if you effectively exercise your right of withdrawal, or if you are not responsible for the circumstance that led to the impossibility of delivery, or if you were temporarily prevented from accepting the service offered, unless we have given you reasonable prior notice of the service.

5.9 Self-collections at our company headquarters are not possible.

5.10 ClaraCos shall be entitled to make partial deliveries, insofar as a partial delivery is reasonable for the customer, taking into account his interests. The customer shall not incur any additional costs as a result. However, the Customer shall have no claim to partial delivery.

5.11 Transport damages

For consumers applies:

If goods are delivered with obvious transport damage, please complain about such defects as soon as possible to the deliverer and contact us immediately, but no later than 7 days after receipt of the products. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

For entrepreneurs applies:

The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 of the German Commercial Code (HGB) shall apply. If you fail to make the notification regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection.

 

6. RETENTION OF TITLE

6.1 The goods shall remain the property of ClaraCos until payment has been made in full.

6.2 The Customer may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

6.3 For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations.

 

7. RETURN / RETURNS / EXCHANGE

7.1 In general, you can exchange the ordered goods up to 14 days after the order date. The condition is the perfect condition of our goods. By perfect condition we mean the following:

7.2 Visible damage to delivered products must have been reported immediately, but no later than 5 working days after receipt of the goods.

7.3 An exchange is no longer possible once the product has been opened or the originality seal has been damaged.

7.4 If an exchange is made due to defects, there is no right to a replacement of the same item if it is sold out or no longer available, even if this should still be marked as available in the online store (as it could possibly be a technical display error). In this case you will either receive a replacement product named by you or a credit note or a transfer back of the order amount. Please always ask for the availability of the respective item before making an exchange. In any case, we will inform you by e-mail or phone (if a phone number has been deposited), if a desired exchange product is no longer available.

8. RIGHT OF REVOCATION

8.1 SCOPE OF APPLICATION

This right of withdrawal applies to consumers. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

8.2 GENERAL RIGHT OF REVOCATION

Transport damages For consumers applies:

If goods are delivered with obvious transport damage, please complain about such defects as soon as possible to the deliverer and contact us immediately, but no later than 7 days after receipt of the products.

Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights.

However, they help us to be able to assert our own claims against the carrier or the transport insurance.

For entrepreneurs applies:

The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.

Among merchants, the obligation to inspect and give notice of defects regulated in § 377 of the German Commercial Code (HGB) shall apply. If you fail to make the notification regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection.

8.3 CONSEQUENCES OF REVOCATION

If you revoke this contract, all payments we have received from you, including delivery charges (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), will be returned to you immediately and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. However, we reserve the right to retain the delivery charges for fishing rods, as these have been shipped as bulky goods.

For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you. In no case will you be charged any fees because of this repayment.

You must return or hand over the goods to us immediately and in any case no later than 14 days from the day on which you informed us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of 14 days.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods. A quantification of a loss of value is always assessed individually.

8.4 SAMPLE CANCELLATION FORM

(If you want to revoke the contract, please fill out this form and send it back).

To ClaraCos GmbH, Augustenstr. 68a, 80333 Munich, E-Mail: info@claracos.com

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 (*)

Order number (*)/ Invoice number (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of consumer(s) (only in case of paper communication)

Date

_______________

(*) Delete where not applicable.

8.5 EXCEPTIONS

Unless otherwise agreed by the parties, the right of withdrawal does not apply to the following contracts:

Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,

Contracts for the supply of goods that can spoil quickly or whose expiration date would be quickly exceeded,

Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery,

Contracts for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature,

contracts for the supply of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, but which can be delivered at the earliest 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence,

Contracts for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery,

contracts for the supply of newspapers, periodicals or magazines with the exception of subscription contracts".

END OF THE CANCELLATION POLICY

 

9. WARRANTY AND GUARANTEES

9.1 The statutory rights of liability for defects shall apply.

9.2 As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and, if necessary, the transport company of any complaints. If you fail to do so, this shall have no effect on your statutory warranty claims.

9.3 We shall bear the return and shipping costs for the exchange of defective goods under the statutory warranty, provided you are a consumer.

9.4 Notwithstanding the foregoing, the following shall apply if you are acting as an entrepreneur:

We have the choice of the type of remedy.

An insignificant defect shall in principle not give rise to any warranty claims.

The limitation period shall not start again if a replacement delivery is made within the scope of the warranty.

Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods. However, not other advertising, public promotions and statements by third parties or trading partners.

In the event of a justified complaint - except in cases of rescission - you shall not be entitled to retain the entire gross invoice amount, but only a reasonable part thereof.

9.5 Products may differ slightly from the illustrations (pictures) in the online store. This applies in particular (but not exclusively) to color shades and small parts. Such deviations are not considered defects, unless they are serious or negatively affect the use of the product.

 

10. ALTERNATIVE STREITBEILEGUNG

The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.

We are not obliged or willing to voluntarily participate in a dispute resolution procedure before a consumer arbitration board.

11. DATA PROTECTION PROVISIONS

In the course of your registration or order at ClaraCos you will be asked to submit personal data. This is data that we need to process the contracts concluded on Claracos.shop. All personal data will be treated confidentially by ClaraCos and in accordance with the relevant legal regulations, in particular those of the General Data Protection Regulation (EU-DSGVO) as well as the Federal Data Protection Act (BDSG). All data used by you to place an order is transmitted to ClaraCos in encrypted form. However, we have no access to sensitive data such as credit card numbers, payment logins or the like.

The privacy policy of ClaraCos can be found under CLARACOS DATENSCHUTZ.

12. COPYRIGHT

12.1 The pages of the online store as well as the images and texts contained therein enjoy copyright protection pursuant to § 72 of the Copyright Act. Publication, duplication, distribution and imitation are only permitted with the written consent of ClaraCos GmbH.

12.2 Germacare, Kamill, Glysolid and Burti are registered trademarks or trademarks of IsarCare Holding GmbH, Augustenstrasse 68a, 80333 Munich, Germany, and are accordingly registered as trademarks with the German Patent and Trademark Office. 

13. FINAL PROVISIONS

13.1 Legal disputes arising from or in connection with the purchase contract shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

13.2 ClaraCos reserves the right to adapt these General Terms and Conditions for future business transactions. Excluded from this are unreasonable changes, in particular of essential parts of the contract, such as the main services owed, which would be the subject of an amendment contract.

13.3 If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

13.4 If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be Munich, Bavaria, Germany.

13.5 Should one or more provisions of these General Terms and Conditions be invalid in whole or in part or lose their legal validity, this shall not affect the validity of the remaining provisions of these General Terms and Conditions. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects most closely approximate the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete.

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Status: March 2023