Terms and Conditions & Privacy Policy for Germany

Terms and Conditions

1. Scope
   1. These General Terms and Conditions apply to all contracts that you, as a customer, enter into with Clinton Großhandels-GmbH, Handwerkerstraße 19, 15366 Hoppegarten (hereinafter referred to as the „Seller“ or „we“) via this online shop. Any deviating terms and conditions of the customer shall only apply if we expressly agree to their validity.
2. Conclusion of the contract
   1. The display of goods in our shops does not constitute a legally binding offer, but rather an invitation to customers to make an offer to purchase. The contract of sale is concluded when we accept the offer to purchase, in particular by scanning the goods at the till, accepting payment and handing over the goods.
   2. We reserve the right to correct any obvious errors, particularly in relation to price labelling or product descriptions.
3. Product information and availability
   1. Some items are manufactured using a special dyeing process and may run onto other materials, particularly light-coloured ones. This does not constitute a fault. The relevant items include warnings and care instructions. New items should be washed before wearing them for the first time. Please follow the instructions provided with the items.
   2. Samples, display items and descriptions are provided for general information purposes. Technical, colour or trade-standard variations may occur, provided they are reasonable and no specific agreement regarding quality has been made in individual cases.
   3. All offers are valid whilst stocks last
4. Prices and Payment
   1. The prices stated on the product, on the shelf, on the price tag or at the till apply, including the applicable statutory value added tax. In the event of any discrepancy between the shelf price and the till system, the branch manager or an authorised person
      to involve.
   2. Payment can be made using the payment methods accepted by this shop, e.g. cash, debit card, credit card, voucher or other approved payment methods.
   3. Card payments can only be made for amounts of 10.01 EUR or more.
5. Retention of title
   1. The goods remain our property until full payment has been made.
6. Statutory warranty rights
   1. Statutory warranty rights apply to all purchases. Customers can find information on their statutory warranty rights on the EU warranty label displayed in our shops. The label contains a QR code with further information on the warranty and guarantee.
   2. Voluntary warranties, where offered for individual products, apply exclusively in accordance with the relevant warranty terms and conditions of the warrantor. This does not limit statutory warranty rights.
7. Complaints and the condition of goods subject to complaint that can be inspected
   1. In the event of any complaints, customers should please contact a member of staff at the point of sale or our customer service team.
   2. In order to process a complaint, we ask that you provide the product, where available, along with proof of purchase, e.g. a receipt, digital receipt or other proof of payment or purchase. The absence of proof of purchase does not automatically result in the loss of statutory rights, but it may make it more difficult to verify the purchase and assess the complaint.
   3. We assess complaints in accordance with statutory warranty rights and our internal complaints procedures.
   4. Goods subject to a complaint must be made available to us for inspection of the alleged defect in a hygienically acceptable condition that allows for inspection and processing. Normal signs of trying on or use do not affect statutory rights in respect of defects.
   5. In the event of a valid cancellation of the contract of sale, we will refund the amount by bank transfer.
   6. If the goods are heavily soiled, damp, mouldy, have a strong odour or are otherwise a hygiene risk, we may temporarily suspend inspection and processing, provided that it is unreasonable to expect us to accept, store or process them in this condition. We shall inform the customer of this and give them the opportunity to make the goods available again within a reasonable period of time in a condition suitable for inspection.
   7. This does not exclude the customer’s statutory rights in respect of defects. However, these rights do not apply if the alleged defect is attributable to improper handling, lack of care, contamination or damage caused by the customer.
8. Voluntary exchanges and goodwill arrangements
   1. As a general rule, there is no statutory right to return or exchange goods if you are not satisfied with them when purchasing from a high-street shop, provided there is no statutory right of withdrawal or
      there is no defect.
   2. Should we nevertheless accept a return as a gesture of goodwill, provided the goods are unused, complete, undamaged and in a condition suitable for resale, we reserve the right to choose between refunding the purchase price via a voucher or exchanging the goods for other items. In this case, the customer has no entitlement to a refund of the purchase price, nor to payment of any difference in price that may arise as a result of the exchange.
   3. Excluded from this are toiletries, made-to-order items, discounted goods, gift vouchers, goods that have been unsealed, and personalised products.
   4. Voluntary gestures of goodwill do not limit or replace statutory warranty rights.
9. Vouchers
   1. Gift vouchers can be purchased at our participating outlets.
   2. All vouchers may only be redeemed in accordance with the relevant voucher terms and conditions.
   3. The value of a voucher will not be paid out in cash nor will it accrue interest, insofar as permitted by law and unless expressly stated otherwise.
   4. Vouchers can only be redeemed before payment is made for a purchase. It is not possible to apply a voucher retrospectively to a purchase that has already been completed.
   5. The value of the goods should correspond to the amount of the voucher. If the value of the gift voucher is not sufficient to cover the purchase, one of the other payment methods offered by the seller may be selected to settle the difference. Any remaining balance on a gift voucher will be issued by the seller in the form of a credit note.
   6. Vouchers are transferable. The seller may fulfil its obligations with discharging effect to the respective holder who redeems the voucher. This shall not apply if the seller is aware, or is grossly negligent in failing to recognise, that the respective holder is not entitled to do so, lacks legal capacity or lacks the authority to act on behalf of another.
   7. We accept no liability for the loss, theft or damage of a voucher, unless we are responsible for the loss.
   8. Gift vouchers and any remaining balance on gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased.
   9. Gift vouchers can only be used to purchase goods and not to purchase further gift vouchers.
10. Special goods and services
    1. Additional terms and conditions may apply to special orders, reservations, repair orders, delivery services, financing or other ancillary services. Customers will be informed separately of the relevant terms and conditions before making use of such services.
11. Liability
    1. We accept unlimited liability for damages resulting from loss of life, personal injury or damage to health, as well as for damages arising from wilful misconduct or gross negligence. In the event of a breach of essential contractual obligations due to slight negligence, we shall be liable in accordance with the
       statutory provisions governing foreseeable damage typical of this type of contract. Essential contractual obligations are those obligations the fulfilment of which is essential for the proper performance of the contract and on the observance of which customers may reasonably rely. In all other respects, our liability is limited to the extent permitted by law. Statutory rights in the event of defects remain unaffected.
12. Data protection
    1. Customers can find information on the processing of personal data in connection with purchases, complaints, customer service, voluntary warranties, digital receipts, loyalty schemes or other services in our separate privacy notice. The privacy notice is available in-store via a QR code or on request from sales staff.
13. Rules of conduct and behaviour in the shop
    1. We reserve the right to exercise our right to admit or exclude persons from the premises in accordance with the law.
    2. Customers are asked to behave in such a way as not to disturb or endanger other customers, staff or the running of the business.
14. Final Provisions
    1. The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods, provided that this does not conflict with any mandatory consumer protection provisions.
    2. Should any provision of these General Terms and Conditions be invalid in whole or in part, this shall not affect the validity of the remaining provisions.
    3. Consumers’ statutory rights remain unaffected.