General terms and conditions
§ 1 General
(1) These Terms and Conditions apply to all contracts, deliveries and other services of Clevergum GmbH, Blumenstraße 11, 85540 Haar, Germany (hereinafter: "Seller"), regarding the online store clevergum.com and all sub-domains belonging to the domain. Any deviating provisions of the Customers shall not apply unless confirmed in writing by the Vendor. Individual agreements between the Seller and the Customers shall always take precedence.
(2) The business relations between the Seller and the Customers shall be governed by the laws of the Federal Republic of Germany. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The validity of UN sales law is excluded.
(3) The contractual language is German.
(4) The place of jurisdiction shall be Haar/Munich if the customer is a merchant or a legal entity under public law or a special fund under public law. The same shall apply if a customer does not have a general place of jurisdiction in Germany or if the customer's place of residence or habitual abode are not known at the time the action is brought.
(5) We deliver to the following countries: EU.
(6) Customers have the option to use an alternative dispute resolution. The following link of the EU Commission (also called OS platform) contains information about online dispute resolution and serves as a central contact point for the out-of-court settlement of disputes arising from online purchase contracts: ec.europa.eu/consumers/odr.
(7) The authoritative version for this website is the version in the German language. In the event of any inconsistency between the German language version and the English language version, the German language version shall prevail.
§ 2 Contents of the contract and conclusion of the contract
(1) The Seller offers new goods for sale to the Customers in the online store www.clevergum.com.
(2) When purchasing in the online store, a purchase contract is concluded through the acceptance of the customer's order by the seller. Price markings in the online store do not constitute an offer in the legal sense. The receipt and acceptance of the order will be confirmed to the customer by e-mail.
(3) The contract text can no longer be viewed after the order. We therefore ask you to save the contract text.
§ 3 Prices, shipping costs, sales tax and payment
(1) For orders placed via the online store, the prices stated there shall apply. All prices include the statutory sales tax.
(2) The prices do not include shipping and packaging costs, which will be notified to the customer before the order is placed.
(3) Die Belieferung der Kunden durch die die Verkäuferin erfolgt nach Wunsch des Kunden gegen folgende Zahlungsmethoden: Paypal, Amazon Pay, Apple Pay, Google Pay, Kreditkarte, Sofortüberweisung
(4) If a customer defaults on its payment obligations, the seller may claim damages in accordance with the statutory provisions and / or withdraw from the contract.
(5) The Seller shall always issue an invoice to the Customer, which shall be handed over to the Customer upon delivery of the goods or otherwise received in text form.
§ 4 Delivery and transfer of risk
(1) Unless otherwise agreed by contract, the ordered goods shall be delivered to the address specified by the Customer. The delivery is made from the warehouse of the seller.
(2) The availability of the individual goods is indicated in the item descriptions. Goods available in stock will be shipped by the seller within 2 working days after the instruction of payment (in case of prepayment by bank transfer: within 2 working days after receipt of payment), unless expressly agreed otherwise. If, in the case of a sale via the online store, the goods are marked as not being in stock, the seller shall endeavor to deliver as quickly as possible. Information provided by the seller on the delivery period is not binding, unless exceptionally the delivery date has been bindingly promised by the seller.
(4) The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass upon delivery of the goods to the forwarding agent, the carrier or any other person designated to carry out the shipment.
§ 5 Liability for defects of quality and title
(1) Insofar as defects exist, the customer shall be entitled to the statutory warranty rights in accordance with the following provisions.
(2) Damage caused by improper actions of the customer during installation, connection, operation or storage of the goods does not justify a warranty claim against the seller.
Instructions for proper handling can be taken by the customer from the manufacturer's descriptions.
(3) Defects shall be notified to the Seller by the Customer within a warranty period of two years for new items or one year for used items.
The above limitations of liability shall not apply if the Seller has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods. The aforementioned limitations of liability shall also not apply to claims for damages by the Customer which are directed towards compensation for bodily injury or damage to health due to a defect for which the Seller is responsible or which are based on intentional or grossly negligent fault on the part of the Seller or his vicarious agents.
The aforementioned reductions shall not apply to defects in a building or an item which has been used for a building in accordance with its customary manner of use and which has caused its defectiveness. The aforementioned reductions shall also not apply insofar as the Seller has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods, and not to claims for damages by the Customer which are directed towards compensation for bodily injury or damage to health due to a defect for which the Seller is responsible or which are based on intentional or grossly negligent fault on the part of the Seller or his vicarious agents.
(4) If defects exist and were asserted in due time, the Seller shall be entitled to subsequent performance. If the subsequent performance fails, the customer is entitled to reduce the purchase price or to withdraw from the contract. In all other respects, the statutory provisions shall apply.
§ 6 Duty to provide information in the event of transport damage
Werden Waren mit offensichtlichen Schäden an der Verpackung oder am Inhalt angeliefert, so soll der Kunde dies unbeschadet seiner Gewährleistungsrechte sofort beim Spediteur/Frachtdienst reklamieren und unverzüglich durch eine E-Mail oder auf sonstige Weise (Fax/Post) mit dem Verkäufer Kontakt aufnehmen, damit dieser etwaige Rechte gegenüber dem Spediteur/ Frachtdienst wahren kann.
§ 7 Disclaimer
(1) Outside the liability for material defects and defects of title, the Seller shall be liable without limitation insofar as the cause of damage is based on intent or gross negligence. He shall also be liable for the slightly negligent breach of essential obligations (obligations whose breach jeopardizes the achievement of the purpose of the contract) as well as for the breach of cardinal obligations (obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies), but in each case only for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than the aforementioned.
(2) The limitations of liability of the preceding paragraph shall not apply in case of injury to life, body and health, for a defect after assumption of a guarantee for the quality of the product and in case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
(3) If the liability of the Seller is excluded or limited, this shall also apply to the personal liability of its employees, representatives and vicarious agents.
§ 8 Conditions of participation in sweepstakes
These conditions of participation govern participation in all Clevergum GmbH competitions and their implementation, unless explicit reference is made to separate conditions of participation.
The organizer of the sweepstakes is Clevergum GmbH, hereinafter referred to as the organizer. By participating in the respective sweepstakes, participants accept the following terms and conditions.
a) Eligible to participate - unless explicitly described otherwise in the respective sweepstakes - are natural persons who have their residence in Germany, Austria or Switzerland and are at least 18 years old.
b) Employees of the organizer and its affiliated companies as well as employees of cooperation partners who are or were involved in the creation or processing of the sweepstakes are excluded. Multiple entries and participation via an automated mass procedure or sweepstake associations are not permitted. Participation in the sweepstakes is free of charge. The type of participation and prize opportunity as well as the details of the prize will be communicated with each announcement.
(2) Profit processing
a) The prize will either be sent to the postal address provided by the participant or the winners will be informed about the prize, the prize processing and any necessary next steps after the end of the competition via the provided e-mail address (in the case of competitions via non-company channels as well as social media pages of the organizer via an announcement on the relevant channel, on the relevant page).
b) If a participant is not reached or does not follow the next steps within the time period communicated to him, the organizer can determine a new winner. The claim of the original winner will be cancelled.
a) The item presented as a prize in the competition may differ from the item won (e.g. in terms of model, color or similar).
b) A cash payment of the prize is excluded. This does not apply if the prize is a sum of money.
c) Assignment of the claim to the prize is excluded.
d) Prizes will only be delivered to addresses in Germany, Austria and Switzerland. The place of performance remains the registered office of the organizer, despite the assumption of shipping costs.
e) In the case of travel prizes, settlement shall take place between the winner and the organizer or an agency or tour operator commissioned by the organizer. There is no entitlement to a specific travel date. If the trip is not carried out on the date or during the period specified in the competition for reasons for which the organizer is not responsible, the claim to the prize shall be forfeited. Upon confirmation of the trip, the winner is subject to the travel conditions of the tour operator. Travel to and from the starting point of the trip (airport, train station, etc.) will be at the expense of the winner, unless otherwise expressly agreed in the competition. The same also applies to all private costs incurred during the trip (minibar, telephone, etc.).
f) The claim of the original winner shall be forfeited if the transmission of the prize does not take place within one month after the first notification of the prize for reasons within the sphere of influence of the original winner.
(4) Abort sweepstakes
The organizer reserves the right to cancel or terminate the competition at any time. In such a case, the participants are not entitled to any claims against the organizer.
(5) Rights of use, release and responsibility
If creative contributions are submitted as part of the competition (e.g. photos, videos or stories), the following applies:
a) The organizer is not obliged to check the content provided by the participants for potential infringements of the rights of third parties. However, the organizer is entitled to reject content if, in its opinion, it is unlawful or contrary to public morality. By uploading content, in particular images, participants declare that the content is free of third-party rights, that the content either originates from them or that they have obtained the consent of the authors as well as the persons depicted in images and videos, and that they are at least 16 years old. The participants indemnify the organizer from all claims of third parties that have arisen due to the content provided. They agree to support the organizer in every reasonable way in the defense of these claims.
b) Participants agree that their entries may be used, disseminated and otherwise made publicly available to third parties by the organizer in online and offline media in connection with the competition and the drawing, processing and presentation of the participant's entries. For these purposes, the organizer is also permitted to process the entries and - if necessary - to grant third parties rights of use to them. The granting of rights of use shall include the possibility of making the photographic material available for retrieval by third parties in the online area and of archiving the images. The rights are granted free of charge and without any restrictions in terms of space, content or time.
c) The participant waives his or her right to be named as the author under § 13 UrhG (German Copyright Act) and to have his or her name mentioned in full in connection with his or her entries.
(6) Availability of the sweepstakes
The availability of the competition cannot be guaranteed. It may be terminated or removed due to external circumstances or constraints without giving rise to any claims by participants against the organizer.
This includes, but is not limited to, technical problems, rule changes or decisions by external platforms such as Facebook, if the sweepstakes is organized in connection with them.
The organizer is not liable for damages caused by malfunctions of technical equipment, for delays or interruptions of transmissions or for damages in connection with the participation in the competition or the acceptance and use of the prize, unless the organizer or its vicarious agents act intentionally or with gross negligence. This shall not affect any claims for compensation based on injury to life, limb and health or material contractual obligations. In the event of a breach of material contractual obligations, the liability of the organizer shall be limited to the foreseeable damage typical for the contract.
(8) Additional disclaimer for travel defects
a) If the prize is a trip for which the organizer is exceptionally to be regarded as the tour operator, and if the participant in the prize draw has provided a genuine service in return (e.g. submission of texts, photos, songs or videos), the following shall apply in addition to Item 7: The contractual liability of the organizer for damages that are not bodily injuries is limited to three times the travel price, insofar as a damage of the participant is caused neither intentionally nor grossly negligently by the organizer or insofar as the organizer is responsible for a damage incurred by the traveler solely due to the fault of a service provider (e.g. airline, hotel).
The organizer is not liable for service disruptions, personal injury and property damage in connection with services that are merely arranged as external services, if these services are not recognizably part of the travel services of the organizer for the traveler. This does not apply if the damage to the traveler is caused by a breach of information, education and organizational obligations of the organizer.
b) It is pointed out that liability of the organizer for travel defects is generally excluded, unless the organizer acts as a tour operator.
(9) Data privacy notice
(10) Notes and conditions from external platforms
If the competition is offered or advertised by the organizer via an external platform (e.g. Facebook, Instagram, Youtube or Pinterest), the following applies:
a) In addition to these Terms and Conditions of Participation, the relationship between the Organizer, the Participant and the third party platform is determined by the Terms and Conditions of Participation and the data protection rules of the platform operator.
b) Participants may not assert any claims against the external platform arising in connection with the use of the sweepstakes application or participation in the sweepstakes.
c) Participants acknowledge that both the Sweepstakes Application and the Sweepstakes are in no way sponsored, endorsed, or organized by or affiliated with the External Platform.
d) All inquiries and notices regarding the Sweepstakes shall be directed to the Organizer and not to the External Platform.
a) The organizer reserves the right to exclude persons from the competition. In particular, persons who use unauthorized aids or otherwise obtain advantages through manipulation will be excluded. The organizer may also declare such exclusion retrospectively, revoke prizes or reclaim them. The organizer is free to make its own assessment.
b) If any provision of these Terms and Conditions of Participation is or becomes invalid, the validity and enforceability of the remaining provisions of the Terms and Conditions of Participation shall not be affected to the extent permitted by law, and the parties shall then replace the clause declared invalid or void with a provision that comes as close as possible to the intention pursued by the parties with the invalid or void provision.
c) Es gilt das Recht der Bundesrepublik Deutschland. Der Rechtsweg ist im Hinblick auf die Gewinnziehung ausgeschlossen