Terms & Conditions
Everything.town by Clouds Hill GmbH
Billwerder Neuer Deich 72
20539 Hamburg, Germany
Tel: +49 (0) 40 9826 0501
I. Offer, Conclusion of Contract
1. Our offerings on the website http://store.everything.town/ which these General Terms and Conditions apply to are directed exclusively to adult customers (§ 13 BGB). All prices are final prices including the statutory German VAT.
2. The order of the customer (“application”) on the one hand and the delivery of the product by Clouds Hill (“acceptance”) on the other a contract with Clouds Hill comes into existence. Should we not react to the customer’s order within two weeks (unless a shorter timeframe has been agreed upon) then the customer is no longer bound to the contract.
II. Payment Methods
1. Via Credit Card: Please enter type of card, card number, 3 digit verification number, account holder and the expiration date of the credit card. Purchaser and account holder must be the same. The credit card is charged following the sending of the goods.
2. Per PayPal: PayPal is an internationally known escrow service which allows sellers and buyers to handle payments between one another. PayPal handles the payment and accordingly transfers it to Clouds Hill (the seller). Additional information can be accessed at www.paypal.com.
III. Shipping Costs, Payment
1. Orders as of a total value of goods of 40€ within Germany are sent with free shipping.
2. The shipping costs are shown during the purchase process. Clouds Hill reserves the right, if required by the nature of the order (e.g. delivery to non-European countries or with orders of larger quantities) and after consulting with the customer to charge higher shipping costs. Insofar as the customer does not agree to an adjustment of the shipping costs the customer may cancel the order; payments already made at this point will then immediately be refunded to the customer.
3. For orders to countries outside of the EU the customer is responsible for all possibly arising customs fees and all potential export and import fees.
1. Clouds Hill will deliver the products ordered by the customer within the timeframe listed during the purchase process to the delivery address which was entered on the order form unless the customer pays for the products using a credit card. Products which are paid for using a credit card will be delivered exclusively to the address which is listed for the credit card. Clouds Hill informs the customer before the order is placed of the estimated delivery period.
2. All deliveries occur under retention of title insofar as such an instrument can be applied in the target country of the sale can be agreed.
V. Right to Cancel
You have the right to cancel this contract within fourteen (14) days without giving any reasons therefor. The cancellation period is set at fourteen (14) days as of the day on which you, or a third party nominated by you who is not the delivery person, have taken possession of the goods. In order to make use of your cancellation right you must inform us, Clouds Hill GmbH, Billwerder Neuer Deich 72, 20539 Hamburg, Tel: +49(0)40 98260501, Fax: +49(0)40 87094310, Email: email@example.com, using a clear statement (e.g. a letter sent via mail, fax or e-mail) concerning your decision to cancel this contract. To this end, you may use the included Sample Cancellation Form though this is not required. To adhere to the cancellation period, it is sufficient that the notice concerning your decision to make use of the right to cancel was sent prior to the end of the cancellation period.
Consequences of Cancellation
Should you cancel this contract, we are obliged to refund all payments which we received from you, including shipping costs (excluding the additional costs which arose from you choosing a shipping type other than the cheapest standard shipping offered by use), immediately and no later than fourteen (14) days after the day on which we received your notice concerning the cancellation of this contract. For this refund, we use the same payment method which you used during the original transaction unless something else was explicitly agreed upon with you; under no circumstance will fees be assessed for this refund. We may refuse a refund until we have received the returned goods or until the point at which you provided proof that the goods have been sent back to us, whichever occurs earlier. You must send back or return the goods immediately and no later than within fourteen (14) days as of the date on which you inform us concerning the cancellation of the contract to Clouds Hill GmbH, Billwerder Neuer Deich 72, 20539 Hamburg. This timeframe is considered to be adhered to if the goods were sent prior to the end of the timeframe.
Agreement concerning the Allocation of Costs:
Should you make use of your right to cancel you are responsible for the regular return shipping costs if the delivered goods correspond with the ordered goods and if the costs of the goods to be returned do not exceed an amount of 40 Euro or if you have not yet provided, in cases of a higher cost of the goods, the payment or a contractually agreed upon partial payment at the time of the cancellation. Otherwise you are exempt from the return shipping costs.
Explanations concerning the Right to Cancel
A right to cancel does not exist or is voided in case of distance contracts
- for delivery of goods which are not prefabricated and for the fabrication of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal requirements of the customer;
- for delivery of goods which may spoil quickly or the expiration date of which could be passed quickly.
- for delivery of audio or video recordings or computer software in a sealed package if the seals were removed after shipping.
- for delivery of newspapers, magazines and periodicals with the exception of subscription contracts.
- for delivery of tickets to concerts and similar events if the corresponding contract for the services to be rendered includes a specific date or timeframe.
End of the right of revocation notice
VI. Warranty and Liability
(a) For defects the statutory liability for defects as listed under number 2 applies exclusively.
(b) Possibly minor deviations in colour between the display and the delivered goods are due to technical factors and do not constitute a defect.
(c) The limitation period for customers is two (2) years from delivery of the goods.
2. We shall be liable for any lack of conformity to the contract which becomes apparent within two (2) years of delivery of the goods however the customer may have additional rights depending on their respective national laws.
3. Damage and Replacement Costs depending on Fault
(a) In addition, Clouds Hill is liable in the context of the contract for replacement of damages or for reimbursement of expenses which were caused by Clouds Hill, its legal representatives or agents only in cases of intent or gross negligence or in cases of culpable breach of contractual obligations (obligations which the contract has to grant according to its content or the fulfilment of which is what makes proper execution of the contract possible in the first place and on whose compliance the contractual partner may rely). The liability for violation of a contractual obligation is limited to a maximum of the predictable, typical damage in all cases unless intent can be shown.
(b) Claims according to the Product liability or Equipment Safety Act due to culpable causation of damage to life, body or health, due to malice, due to impossibility or unreasonableness, due to an assumed guarantee for the quality, for inherited procurement risk, or in case of a significant dereliction of duty for damages in lieu of performance remain unaffected as a whole.
(c) The liability rule extends also to personal liability of the legal representatives and agents of Clouds Hill. A reversal of the burden of proof is not associated with the above regulations.
VII. Applicable Law
Applicable for all claims resulting from the contractual relationships is German law under exclusion of UN commercial law unless mandatory consumer protection law at the permanent residence of the customer applies.
VIII. Data Protection
The protection of your privacy is very important to us. In the following, we inform you in detail concerning handling of your data. Collection, processing and use of your personal data. You may visit our website without giving any information about yourself. We store only access data without personal references, such as the name of your Internet Service Provider, the page from which you visited our website or the name of the requested file. This data is used exclusively for the improvement of our offerings and allows no inferences concerning your person. Personal data is only collected if you voluntarily submit these as part of placing an order or during the opening of a customer account of when signing up for our newsletter. We use the data shared by you without your separate permission exclusively for the fulfilment and handling of your order. With completion of the contract and full payment your data will be blocked for further use and deleted after a period mandated by tax and trade legislation unless you explicitly agreed to a further use of your data. During signup for the newsletter, your email will be used with your permission for our own advertising purposes up to the point when you cancel your subscription to the newsletter. This cancellation is possible at any time. You have the right to review your personal data which we stored without paying a fee. Furthermore, you have the right to request correction of incorrect data as well as to have your data blocked or deleted. Any agreement you made can be withdrawn with effect for the future at any time. In addition, you can always object to the use of your personal data. Cancellation and objection to use of your data can be declared either electronically via an e-mail to firstname.lastname@example.org or in writing.
Clouds Hill, Version as of April 2016