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AGB

General Conditions of Sale and Delivery of CleanControlling GmbH and CleanControlling Medical GmbH & Co.KG,
DE-78576 Emmingen-Liptingen

The following conditions apply to all of our offers, sales and deliveries to customers, especially when the customer orders over the Internet e-shop, unless otherwise agreed in writing and provided that the customer is a company in accordance with Section 14 of the German Civil Code (BGB). The terms and conditions of the customer are generally excluded.


1. Offers and contracts

1.1    Our offers are subject to change and are only to be understood as an invitation to make an order. The product presentation in our online shop (in short "e-shop") does not constitute a binding offer; it is merely intended as an invitation to customers to make an order.

1.2    Orders made by customers are binding. When a customer makes an order via the e-shop, confirmation is sent immediately by e-mail. For orders made outside the e-shop, this confirmation is sent no later than 3 working days thereafter. Our confirmation constitutes the conclusion of a contract with the customer.

We reserve the right to refuse the acceptance of an order at any time without notice of reason. In such a case, we shall inform the customer immediately via e-mail.

1.3    Any ancillary agreements or amendments to an already confirmed order require our written confirmation.

1.4    We expressly point out that you can only order our products from the e-shop as a company in accordance with Section 14 of the German Civil Code and that we only sell our products to companies as specified in the same. Accordingly, through purchasing our products through the e-shop, you are not entitled to any right of withdrawal as stipulated in Sections 312g and 355 of the German Civil Code.

2. Prices

2.1    All of our product prices are in EUROS, excluding packaging and shipping costs and the applicable sales tax. Packaging and shipping costs are calculated individually and are clearly shown to the customer on the eshop order page before final order placement. The customer can view the various shipping costs to European countries by clicking on the "Delivery costs" button when making an order.

2.2    In the case of product delivery to customers outside of the EU, delivery costs will be provided upon request. Any customs duty or special tax applicable for deliveries outside of the EU are to be met by the customer.

3. Payment

3.1    For orders through the e-shop, the customer can pay via invoice or credit card. Our invoices must be paid in full within 14 days of the date of issue. For orders made outside of the e-shop, we may also request advance payment, especially from customers outside of the EU.

3.2    If the payment deadline mentioned in Point 3.1. is exceeded, we reserve the right to claim reasonable expenses for our reminder(s), in addition to interest for default of 9 percentage points above the base rate. The right to charge higher default damages is reserved.

3.3    The customer is only entitled to offset rights if their counterclaims have been legally established, undisputed or recognised by us. The customer is not entitled to any right of retention in light of disputed counterclaims.

3.4    Should reasonable doubt arise concerning the solvency of the customer, or if insolvency proceedings are opened against their assets, all receivables from the business relationship are due immediately. We are also entitled to demand advance payment, cash on delivery or securities.

4. Delivery times / force majeure

4.1    Dates for our deliveries are only binding if expressly confirmed by us in writing.

4.2    Partial deliveries are only permitted to a reasonable extent.

4.3    Force majeure, operational breakdowns, strikes or other disruptions not in our control that affect us or our suppliers release us from delivery obligations for the duration of the disruptions and its effects. Should a delay to the delivery already exist, the occurrence of one of the aforementioned circumstances shall not constitute an extension to said delay.

5. Transfer of risk / shipping and packaging

5.1    Unless otherwise stated in our order confirmation, the transfer of risk for deliveries within Germany is "exworks". For international deliveries, "ex-works" applies (EXW, INCOTERMS 2010).

5.2    We choose the packaging and shipping method as deemed appropriate by us.

6. Warranty / complaints

6.1    We guarantee the fault-free condition of our products in accordance with the corresponding state-of-the-art technology for a period of one year from delivery.

6.2    The warranty excludes:
- Wear parts
- Damage due to improper handling, operation or use
- Damage due to chemical, electronic or weather-related influences

6.3    Upon receipt, the customer shall immediately inspect our products for faults, and shall inform us immediately in writing of any obvious or apparent defects. Hidden defects must be reported to us in writing immediately after discovery within the warranty period.

6.4    Providing that the delivered goods are indeed faulty during the warranty period, the customer is entitled to request supplementary performance. We shall decide whether to deliver a new, fault-free product or to remedy the defect. In case of repair, we assume all costs required to remedy the fault, in particular packaging, transport, traveling or work costs, provided that these do not increase because the goods have to be transported from a location other than the delivery location, and that the fault occurs within one year of delivery.

If supplementary performance is required again on the same fault within the warranty period, the customer is entitled to request a reduction in price. Other or further warranty rights are excluded.

7. Liability

7.1    We are liable under the statutory provisions providing the customer makes a claim for damages based on our intentional or negligent conduct, including that of our agents and legal representatives and when our conduct leads to loss of life, physical injury or damage to health.

7.2    We are also liable for damages resulting from an intentional or grossly negligent violation of the customer's assets or property by us, our legal representatives or agents.

7.3    Finally, we assume liability for contractually typical, foreseeable damage caused through the negligent violation of the customer's assets or property by us, our legal representatives or agents, providing that we fail to meet a duty assigned to us, the fulfilment of which is crucial for the execution of this contract (socalled "cardinal duty").

7.4    Any further liability, especially for loss of profit, is excluded, except in cases of intent or gross negligence.

7.5    Our liability in tort is also limited or excluded in accordance with the stipulations of Clauses 7.1 to 7.3. Claims under the German Product Liability Act concerning physical injury or damage to health remain unaffected by the limitation of liability.

8. Retention of title

We reserve the right of ownership of the delivered goods until the customer has settled all claims resulting from our business relations. The customer may only re-sell the goods in the ordinary course of business and may not pawn or assign them by way of collateral; we must further be notified immediately of any third-party access thereto.

9.    Contract text storage for e-shop orders / contract languages

9.1    We save the contract text (e.g. customer details and the corresponding order procedure) to process the order on our ERP system. For orders made via the e-shop, order details and our T&Cs are immediately sent to the customer along with the order confirmation. These T&Cs can also be viewed and downloaded at any time on our website at www.cleancontrolling.de. The customer's previous orders via the e-shop can also be viewed by logging into the corresponding customer account ("My Account").

9.2    The e-shop order process or contract is available in German and English.

10. Privacy / Google Analytics

10.1    We use Google Analytics, a web analysis service of the company Google Inc. ("Google"). Google Analytics uses so-called cookies. These are text files that are stored on the customer's computer, to help analyse how users use the site. The information generated by the cookie about the use of this website by the customer are usually transferred to a Google server in the USA and stored there. In the case of activation of IP anonymisation on this website, however, the customer's IP address will be truncated by Google within Member States of the European Union or other signatory states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. On behalf of the operator of this site, Google will use this information to evaluate your use of the website, compile reports on website activity and provide services related to website and Internet use to the website operator. The customer's browser IP address transmitted within the scope of Google Analytics is not associated with any other data held by Google. The customer may refuse the use of cookies by selecting the appropriate settings on their browser software; however, we point out that in this case, the user may not be able to use all features of this website. By using this site, the customer expressly agrees to the processing of their data by Google in the aforementioned manner and for the purposes set out above.

10.2    Customer data is disclosed to the assigned shipping company, providing that the ordered goods are to be delivered. In order to process payments, particularly if paying by credit card, we forward the corresponding payment details to the company or bank responsible for effecting the payment. Customer data is not disclosed to third parties. We only use the data provided by the customer without express prior permission for the fulfilment and processing of the corresponding order.

11. Place of fulfilment

The place of fulfilment is the company headquarters (DE-78576 Emmingen-Liptingen).

12. Jurisdiction and applicable law

12.1    Providing that the customer is a registered trader, legal body or special fund under public law, any disputes arising from this contract will be dealt with by the jurisdiction applicable in our registered headquarters (currently DE-78576 Emmingen-Liptingen). We are also entitled to prosecute the customer at their registered headquarters.

12.2    This contract is governed by German substantive law, under the exclusion of the Vienna UN Sales Convention on Contracts for the International Sale of Goods of 1980.


Valid: October 2017