Terms and Conditions

1. Scope

Scope These General Terms and Conditions (GTC) apply to all deliveries from Clashtown (hereinafter referred to as Clashtown) to consumers. A consumer is any natural person who concludes a legal transaction for a purpose that can predominantly neither be attributed to his commercial nor his independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
The following GTC also apply in principle to all business relationships between Clashtown and the respective client (hereinafter referred to as Client). Unless otherwise agreed, Clashtown GTC shall always apply in the current and valid version at the time of conclusion of the contract. This applies to all legal transactions, of whatever kind, between Clashtown and the respective AG or contractual partner.
Conflicting or deviating terms and conditions of Clashtown are not recognized by Clashtown, unless Clashtown has expressly agreed to an amendment in writing. Verbal agreements, information or supplements, as well as changes to written offers are only effective with written confirmation from Clashtown.
Clashtown collects personal data to carry out the service agreed with the respective contractual partner. Clashtown processes data in accordance with the GDPR as amended. If the Client or contractual partner does not agree to the use of his data for the transmission of individual offers and product information by post, e-mail, fax, WhatsApp, YouTube, Facebook, Instagram, Snapchat or other Internet platforms and telephone, the Client or contractual partner may revoke his consent in writing at any time. However, the choice of law provision does not apply if the Client or contractual partner is deprived of the legal protection or rights to which the Client or contractual partner is entitled by laws, ordinances and legal provisions of its country or state in which the Client or contractual partner has its usual place of residence or, in the case of legal persons, its registered office.

2. Our products

The images of the products on the (desktop or mobile) website and/or app are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your screen’s display can accurately display the color of the products. Your products may vary slightly in color from those images. the packaging of the products may vary from that is shown on the images on the (desktop or mobile) website and/or app.

3. Conclusion of contract

3.1. The presentation of the products in the online shop does not constitute a legally binding offer, but only an invitation to order.

3.2. By clicking on the button [Buy/order with costs] you place a binding order for the goods listed on the order page. Your purchase contract is concluded when we accept your order by means of an order confirmation by e-mail immediately after receipt of your order.

3.3. Only the English language is expressly available as the language for the conclusion of the contract.

3.4. As a rule, contact and order processing take place by e-mail and by means of automated order processing. The AG or contractual partner must ensure that his specified e-mail address is correct, so that Clashtown can reach the AG or consumer at any time under this e-mail address for purchase processing. Here, the client or contractual partner must ensure, especially when using spam filters, that all e-mails sent by Clashtown or its service providers (logistics companies / third parties commissioned with the processing) can be delivered.

4. Right of withdrawal

4.1. If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.

4.2. If you as a consumer make use of your right of withdrawal according to section 4.1, you must bear the regular costs of returning the goods.

4.3. In all other respects, the provisions set out in detail in the following cancellation policy¹ Right of revocation apply to the right of withdrawal. You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. In order to exercise your right of withdrawal, you must inform us [enter name, address and, if available, telephone number, fax number and e-mail address] of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached model withdrawal form, but this is not mandatory. You can also electronically fill in and submit the model withdrawal form or another clear declaration on our website (insert Internet address). If you make use of this option, we will immediately (e.g. by e-mail) send you a confirmation of receipt of such a revocation. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation

If you revoke this contract, we must reimburse you all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the date, on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest. You must return or hand over the goods to us or to us (where the name and address of the person authorized by you to receive the goods must be inserted, if applicable) and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the direct costs of returning the goods. You only have to pay for any diminished value of the goods if this diminished value is due to a handling of the goods that is not necessary for checking the nature, characteristics and functioning of the goods.
– End of the cancellation policy –

5. Prices and shipping costs

5.1. The prices stated on the product pages include VAT and other price components.

5.2. In addition to the prices quoted, we charge the respective shipping costs for the delivery. The shipping costs will be clearly communicated to you on the product pages, in the shopping cart system and on the order page.

5.3. For deliveries to countries not in USA, further costs may be incurred, for which Clashtown is not responsible in such a case and which are to be borne by the contractual partner itself. These can be costs and fees levied, for example, by credit institutions for money transfers or taxes or duties relating to imports (customs duties, import VAT). This type of cost may also be incurred if the delivery is made to a country within USA. In this case, too, the Client or contractual partner shall bear the costs himself.

5.4. All payment options are presented to the client or contractual partner in the Clashtown Online Shop.

6. Delivery

6.1. Unless otherwise agreed, the goods ordered by the Client or contractual partner shall be delivered by dispatch. In principle, the delivery address specified by the Client or contractual partner shall be decisive for dispatch.

6.2. If the ordered goods are returned to Clashtown by the company commissioned with the transport, since delivery to the client or contractual partner was not feasible, the client or contractual partner shall bear the costs for the unsuccessful dispatch. This does not apply if the client or contractual partner was not responsible for the circumstance that led to unsuccessful delivery. Furthermore, the provisions described in the cancellation policy apply to the return costs, if the right of withdrawal is effectively exercised.

6.3. The delivery time is up to 1-2 business days. We point out possible deviating delivery times on the respective product page.

7. Payment
Payment can be made optionally through the payment options specified in the online shop.

8. Retention of title
The goods remain our property until full payment.

9. Liability for material defects/warranty
In the event that the goods are defective, the statutory provisions on liability for defects shall apply. This does not apply to used goods. This means that claims for defects are excluded if the defect occurs after one year after delivery at the contractual partner.

10. Dispute
The platform serves as a point of contact for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

11. Severability clause

Should individual provisions, regulations or conditions of these General Terms and Conditions be invalid or unenforceable or become invalid or unenforceable after creation, this shall not affect the validity of the remaining General Terms and Conditions. The invalid or unenforceable provision, rule or condition shall be replaced by an effective and enforceable provision, rule or condition whose effect comes closest to the legal and economic objectives of the contracting parties and which was meant or intended by the invalid or unenforceable provision, rule or condition between the contracting parties.