Terms & Conditions

General Terms and Conditions for Consumer

§ 1        Applicability

1.1        The following General Terms and Conditions (GTC) apply to all contracts concluded between you and us, Clouds Hill GmbH & Co. KG, represented by its managing director Johann Scheerer, Billwerder Neuer Deich 72, 20539 Hamburg, Germany, Commercial Register Number: HRA 114467, VAT-number: DE283141668 via this online shop.

1.2        The exclusive language available for the conclusion of the contract shall be English. Translation of these GTC to other languages are for information only. In the event of contradictions between the English version and the translation, the English version shall prevail.

§ 2        Conclusion of contract

2.1        The presentation of the products in our online shop does not constitute a legally binding offer, but merely an invitation to place orders (invitatio ad offerendum).

2.2        By clicking „Pay Now” in the last step of the order process, you submit a binding offer for purchase of the goods displayed in the order overview. Immediately after submitting the order, you will receive an order confirmation, which constitute the acceptance of your contract offer and a contract comes into existence between you and us. Please regularly check the spam folder of your mailbox.

§ 3        From technical steps to the conclusion of the contract and correction of input errors

3.1        To place an order, start by placing the desired goods in the shopping cart. There you may modify at any time the desired quantity or remove goods completely. If you have placed goods in the shopping cart, by clicking on the buttons „Check Out“ You will first be directed to another page where you may enter your data, after which you can select your preferred shipping and payment method.

3.2        You will have the opportunity to review your entries on the overview page that will appear. To correct any input errors (e.g., related to payment method, data, or quantity), click "Change" next to the relevant field. To cancel the order process, you may simply close the browser window. By clicking the confirmation button "Pay Now," your declaration will become binding in accordance with § 2.2.

§ 4        Storage of the Contractual Text

4.1        Upon acceptance of the contract offer, or along with the notification thereof, you will receive the contractual terms, including information regarding the goods ordered, these General Terms and Conditions (GTC), and details on the right of withdrawal, by email. We do not retain a copy of the contractual provisions for you

§ 5        Registration of a Customer Account; Processing of your personal data

5.1        In our online shop, you may place orders as a guest or by creating a customer account. With a customer account, you are not required to enter your personal data each time you use our online shop; instead, you may log in to your account using your email address and password before or during the ordering process. Registration does not obligate you to purchase any of the goods offered by us. For information regarding the processing of your data, please refer to our Privacy Policy, which can be accessed at the following link:  https://cloudshill.com/privacy/. During the registration process, you will be asked to choose a personal username and password.

§ 6        Payment Terms

6.1        The purchase price is due immediately after placing the order. The payment for the goods is made via one of the payment methods offered in the ordering process.

6.2        All prices listed on our website are inclusive of the applicable statutory VAT.

6.3        In the event of a withdrawal, the customer shall bear the direct costs of returning the goods.

§ 7        Retention of Title

7.1        The goods shall remain our property until full payment has been received.

§ 8        Delivery Terms

8.1        We will deliver the goods in accordance with the terms agreed upon. The corresponding shipping costs will be specified in the order form and are to be borne by the customer unless the customer exercises their right of withdrawal.

8.2        The delivery times specified by us are calculated from the moment of our order confirmation, provided the purchase price has been paid in advance. If no delivery time or a different delivery time is specified for the respective goods in our online shop, the delivery time shall be 7 days

8.3        If the goods you ordered is unavailable from us because we are not supplied by our reliable supplier, through no fault of our own, despite having placed an identical order, you will be notified promptly by email. In this case, we are released from our obligation to perform and may withdraw from the contract. If any payments have already been made, they will be refunded without delay.

8.4        If goods are delivered with obvious transport damage, please report such defects immediately to the carrier and contact us without delay. Failure to file a complaint or make contact will not affect your legal rights or their enforcement, particularly your warranty rights. However, your prompt action helps us assert our own claims against the carrier or the transport insurance

§ 9        Right of Withdrawal

9.1        As a consumer, you have the right of withdrawal in accordance with the instructions provided in the annex. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or self-employed professional activity.

9.2        The right of withdrawal expires prematurely for contracts involving the delivery of sound or video recordings or computer software in sealed packaging if the seal is removed after delivery.

§ 10     Warranty for goods purchases

10.1     Where the goods purchased and delivered through our online store are defective, you are entitled, in accordance with the statutory provisions, to request subsequent performance, withdraw from the contract, or reduce the purchase price.

10.2     The limitation period for warranty claims regarding the delivered goods is two years from the receipt of the goods. Claims arising from defects that we have fraudulently concealed are subject to the standard limitation period

10.3     Additionally, you are entitled to rights arising from defects within the scope of a quality and/or durability guarantee, provided we have explicitly given such a guarantee for the sold item in the specific case.

§ 11     Limitation of Liability

11.1     We are liable for intentional conduct and gross negligence. Furthermore, we are liable for the negligent breach of duties whose performance is essential for the proper execution of the contract, the breach of which jeopardizes the achievement of the contractual purpose, and on which you, as the customer, may regularly rely. In the latter case, however, our liability is limited to the foreseeable, typical contractual damage. The same applies to breaches of duty by our vicarious agents

11.2     The abovementioned exclusion of liability do not apply in case of damage to life, body and health. The liability pursuant to the product liability law remains unaffected.

§ 12     Applicable Law, Mandatory Consumer Protect Regulations

12.1     The law of the Federal Republic of Germany shall apply excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), if

12.1.1 your habitual residence is in Germany, or

12.1.2 your habitual residence is situated in a state not being a member of the European Union.

In the event that your habitual residence is in a Member State of the European Union, German law shall also apply, without prejudice to any mandatory provisions of the country in which you have your habitual residence.

§ 13     Jurisdiction; Online and Alternative Dispute Resolution; Severalibity Clause

13.1     To the extent that, at the time of concluding the contract, you had your residence or habitual residence in Germany, and either moved out of Germany at the time the lawsuit is filed by us, or your residence or habitual residence is unknown at that time, the place of jurisdiction for all disputes shall be the location of our company's registered office in Hamburg.

13.2     The European Commission provides a platform for online dispute resolution under http://ec.europa.eu/consumers/odr/

Our email address is: us@cloudshill.com

13.3     We are not obligated and willing to participate in dispute resolution proceedings pursuant to the German Consumer Dispute Resolution Act (VSBG).

13.4     Should individual provisions of this contract be invalid, this shall not affect the validity of this contract as a whole.