Terms and Conditions
Table of Contents
- Scope of Application
- Conclusion of the Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Terms
- Retention of Title
- Liability for Defects (Warranty)
- Special Conditions for the Processing of Goods According to Specific Customer Requirements
- Redeeming Promotional Vouchers
- Redeeming Gift Certificates
- Governing Law
- Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of ariecom UG, operating under "cluelessmade" (formerly "bettwolke") (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or business (hereinafter "Customer") and the Seller regarding the goods presented in the Seller's online store. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 These GTC apply mutatis mutandis to contracts for the delivery of vouchers, unless otherwise specified.
1.3 A consumer, as defined in these Terms and Conditions, is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employment.
1.4 An entrepreneur, as defined in these Terms and Conditions, is a natural person, a legal entity, or a partnership with legal capacity who, when entering into a legal transaction, acts in the course of their commercial or independent professional activity.
2) Conclusion of the Contract
2.1 The product descriptions contained in the Seller's online store do not constitute binding offers on the part of the Seller, but rather serve to enable the Customer to submit a binding offer.
2.2 The Customer may submit an offer via the online order form integrated into the Seller’s online store. After adding the selected items to the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer for the items in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller may accept the Customer's offer within five days,
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby the Customer’s receipt of the order confirmation is decisive in this regard, or
- by delivering the ordered goods to the Customer, whereby the Customer’s receipt of the goods is decisive in this regard, or
- by requesting payment from the customer after they have placed their order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this is deemed to be a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), in accordance with the PayPal User Agreement, which can be viewed athttps://www.paypal.com
2.5 If the "Amazon Payments" payment method is selected, payment processing is handled by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), in accordance with the Amazon Payments Europe User Agreement, which can be viewed athttps://payments.amazon.de
2.6 If an offer is submitted via the Seller’s online order form, the Seller will save the contract text after the contract is concluded and send it to the Customer in text form (e.g., email, fax, or letter) after the Customer has submitted their order. The Seller will not make the contract text available to the Customer in any other way.
2.7 Before submitting a binding order via the Seller’s online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors is the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using standard keyboard and mouse functions until they click the button that completes the ordering process.
2.8 The contract may be concluded exclusively in German.
2.9 Order processing and communication typically take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at that address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to handle order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal in accordance with applicable law.
3.2 The details of the right of withdrawal are set forth in the Seller’s return policy, which forms part of these Terms and Conditions.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be listed separately in the respective product description.
4.2 The payment option(s) will be communicated to the Customer in the Seller's online store.
4.3 If payment in advance by bank transfer is agreed, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.4 If a payment method offered via the "PayPal" payment service is selected, payment processing takes place via PayPal, whereby PayPal may also use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal for which it makes advance payments to the Customer (e.g., purchase on account or installment payment), it assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller’s assignment declaration, PayPal or the payment service provider commissioned by PayPal performs a credit check using the customer data provided. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative credit check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment installments. In this case, payments made to PayPal or the payment service provider commissioned by PayPal are only effective for the discharge of the debt. However, the Seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipment, returns, complaints, notices of withdrawal and submissions, or credit notes, even in the event of the assignment of claims.
4.5 If the "SOFORT" payment method is selected, payment processing is handled by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to pay the invoice amount via "SOFORT," the Customer must have an online banking account activated for use with "SOFORT," identify themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT." The payment transaction is then carried out immediately by "SOFORT" and the Customer's bank account is debited. Further information on the "SOFORT" payment method can be found online athttps://www.klarna.com
4.6 If a payment method offered via the "Shopify Payments" payment service is selected, payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The specific payment methods offered via Shopify Payments will be communicated to the Customer in the Seller’s online store. Stripe may use additional payment services for payment processing, for which special payment terms may apply, and the Customer may be notified of these separately. Further information on “Shopify Payments” can be found online athttps://www.shopify.com,
4.7 If a payment method offered via the payment service "Stripe" is selected, payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The specific payment methods offered via Stripe will be communicated to the Customer in the Seller’s online store. Stripe may use additional payment services for payment processing, for which special payment terms may apply, and the Customer may be notified of these separately. Further information about Stripe can be found online athttps://stripe.com
5) Delivery and Shipping Terms
5.1 If the Seller offers shipping of the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing is decisive for the transaction. The ordered goods are usually delivered within 14 days of receipt of payment, unless otherwise agreed. Delays due to force majeure or lack of cooperation from the Customer remain unaffected.
5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This applies in particular to refusal to accept delivery, an incomplete or incorrect delivery address, or the recipient’s unavailability. In the event that the right of withdrawal is exercised, the provisions regarding return costs in the withdrawal policy apply. If goods are returned due to circumstances for which the Customer is responsible, the costs incurred for this may be deducted from the refund amount. The costs will only be charged in the amount of the actual expenses incurred and will be accounted for transparently.
5.3 If the Customer is a business, the risk of accidental loss and accidental deterioration of the goods passes to the Customer as soon as the Seller has handed over the goods to the forwarder, the carrier, or the person or entity otherwise designated to carry out the shipment. If the Customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the Customer only upon handover of the goods to the Customer or a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer—even for consumers—as soon as the Seller has delivered the item to the forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This applies only if the non-delivery is not attributable to the Seller and the Seller has entered into a specific hedging transaction with the supplier with due care. The Seller will make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the Customer will be notified immediately and the purchase price will be refunded immediately.
5.5 Self-pickup is not possible for logistical reasons.
6) Retention of Title
If the Seller makes an advance payment, it retains title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for Defects (Warranty)
7.1 Unless otherwise provided in the following provisions, the statutory provisions on liability for defects apply. Notwithstanding this, the following applies to contracts for the delivery of goods:
7.2 If the Customer is a business entity,
- the seller may choose the type of substitute performance;
- For new goods, the statute of limitations for defects is one year from the date of delivery;
- For used goods, claims for defects are excluded;
- The limitation period does not restart if a replacement delivery is made under the warranty for defects.
7.3 If the Customer is a consumer, the following applies to contracts for the delivery of used goods, subject to the restriction set forth in the following clause: The statute of limitations for claims for defects is one year from the delivery of the goods, provided that this has been expressly and separately agreed upon by the parties and the Customer was specifically informed of the shortened statute of limitations prior to submitting their contractual declaration.
7.4 The limitations of liability and shortened deadlines set forth above do not apply
- to claims for damages and reimbursement of expenses by the Customer,
- if the Seller has fraudulently concealed the defect,
- for goods that have been used in a building in accordance with their intended purpose and have caused the building to become defective,
- regarding any existing obligation on the part of the Seller to provide updates for digital products in contracts for the delivery of goods that include digital elements.
7.5 Furthermore, for entrepreneurs, the statutory limitation periods for any existing right of recourse remain unaffected.
7.6 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial obligation to inspect the goods and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB). If the Customer fails to comply with the notification obligations set forth therein, the goods shall be deemed to have been accepted.
7.7 If the Customer is a consumer, they are requested to file a complaint with the carrier regarding goods delivered with obvious shipping damage and to notify the Seller thereof. If the Customer fails to do so, this does not affect their statutory or contractual claims for defects.
8) Special Conditions for the Processing of Goods According to Specific Customer Requirements
8.1 If, under the terms of the contract, the Seller is obligated, in addition to the delivery of goods, to process the goods according to specific customer requirements, the Customer must provide the Seller with all content required for such processing—such as texts, images, or graphics—in the file formats, formatting, image sizes, and file sizes specified by the Seller, and grant the Seller the necessary rights of use for this purpose. The Customer is solely responsible for obtaining and securing the rights to this content. The Customer declares and assumes responsibility for having the right to use the content provided to the Seller. In particular, the Customer ensures that no third-party rights are infringed, especially copyrights, trademark rights, and personal rights.
8.2 The Customer shall indemnify the Seller against any claims that third parties may assert against the Seller in connection with an infringement of their rights resulting from the Seller’s contractual use of the Customer’s content. The Customer shall also bear the necessary costs of legal defense, including all court and attorney’s fees at the statutory rate. This shall not apply if the Customer is not responsible for the infringement. In the event of a claim by third parties, the Customer is obligated to provide the Seller with all information necessary for the examination of the claims and a defense immediately, truthfully, and completely.
8.3 The Seller reserves the right to refuse to process orders if the content provided by the Customer for this purpose violates legal or official prohibitions or is contrary to public decency. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.
9) Redemption of Promotional Vouchers
9.1 Vouchers issued by the seller free of charge as part of promotions with a specific validity period and which cannot be purchased by the customer (hereinafter "promotional vouchers") may only be redeemed in the seller's online store and only within the specified period.
9.2 Certain products may be excluded from the voucher promotion, provided that such a restriction is specified in the terms of the promotional voucher.
9.3 Promotional vouchers can only be redeemed before the order process is completed. They cannot be applied retroactively.
9.4 Only one promotional voucher may be redeemed per order.
9.5 The value of the merchandise must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
9.6 If the value of the promotional voucher is not sufficient to cover the order, you may choose one of the other payment methods offered by the seller to pay the remaining balance.
9.7 The credit balance of a promotional voucher will not be paid out in cash nor will it accrue interest.
9.8 The promotional voucher will not be refunded if the customer returns goods that were paid for in whole or in part with the promotional voucher under their statutory right of withdrawal.
9.9 The promotional voucher is intended solely for use by the person named on it. The promotional voucher may not be transferred to third parties. The seller is entitled, but not obligated, to verify the eligibility of the respective voucher holder.
10) Redeeming Gift Certificates
10.1 Vouchers that can be purchased through the seller's online store (hereinafter "gift vouchers") can only be redeemed in the seller's online store, unless otherwise stated on the voucher.
10.2 Gift vouchers and any remaining balances on gift vouchers can be redeemed until the end of the third year following the year of purchase. Any remaining balances will be credited to the customer’s account until the expiration date.
10.3 Gift vouchers can only be redeemed before the order process is completed. They cannot be applied to the order after it has been placed.
10.4 Only one gift certificate may be redeemed per order.
10.5 Gift certificates may only be used to purchase goods and not to purchase additional gift certificates.
10.6 If the value of the gift card is not sufficient to cover the order, you may choose one of the other payment methods offered by the seller to pay the difference.
10.7 The credit balance on a gift card will not be paid out in cash nor will it accrue interest.
10.8 The gift certificate is transferable. The seller may make payment with discharging effect to the holder who redeems the gift certificate in the seller’s online store. This does not apply if the seller is aware of, or is grossly negligent in failing to recognize, the holder’s lack of authorization, legal incapacity, or lack of authority to act on behalf of another.
11) Governing Law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, to the exclusion of the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence.
12) Alternative Dispute Resolution
12.1 The European Commission provides a platform for online dispute resolution on the internet at the following links: https://ec.europa.eu
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
12.2 The seller is neither obligated nor willing to participate in a dispute resolution proceeding before a consumer arbitration board.
