Right of revocation
§ 9 right of withdrawal for consumer contracts
9.1 Right of withdrawal (general / eCommerce)
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation 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 cancellation, you must contact us, Cleanmarine GmbH, represented by the managing directors, Mr. Stefan Bez and Mr. André Kohnen, Brandskontor, Brandshofer Deich 114-118, 20539 Hamburg, email: firstname.lastname@example.org, Tel + 49 (0) 40/734 33 66 9 – 0, Fax +49 (0) 40/734 33 66 9 – 90, www.cleanmarine.de, by means of a clear declaration (e.g. a letter sent by post, fax or e- Mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it
– To [here is the name, address and, if applicable, the fax number and email address of the
To be inserted by the entrepreneur]:
– I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the
the following goods (*) / the provision of the following service (*)
– Ordered on (*) / received on (*)
– Name of the consumer (s)
– Address of the consumer (s)
– Signature of the consumer (s) (only when notified on paper)
(*) Delete where inapplicable.
9.2 Consequences of cancellation:
If you revoke this contract, Cleanmarine will have given you all payments that Cleanmarine has received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the inexpensive standard delivery we offer have) to pay back immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, Cleanmarine uses the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse the repayment until Cleanmarine have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling you that is not necessary to check the nature, properties and functionality of the goods. If you want to withdraw from the contract, you can use this form to declare your withdrawal. END OF REVOCATION POLICY
9.3 Obligation to return shipping costs in the event of a cancellation
You have to bear the costs for the return.
9.4 There is no right of withdrawal according to § 312g BGB et al. not for contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer, contracts for the delivery of goods that can spoil quickly or their The expiry date would quickly be exceeded, contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, contracts for the delivery of goods if these are inseparable after delivery due to their nature have been mixed with other goods, contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery, contracts for the delivery of newspapers, magazines or magazines, with the exception of subscription contracts, to the provider Provision of services in the areas of accommodation for purposes other than residential purposes, the transport of goods, vehicle rental, delivery of food and beverages and the provision of other services in connection with leisure activities, if the contract provides for a specific date or period for the provision of such services because, it concerns contracts for travel services iSd 651a BGB, if these were concluded outside of business premises, unless the oral negotiations on which the conclusion of the contract is based were conducted on the basis of a previous order by the consumer, contracts in which the consumer has expressly asked the entrepreneur to visit him to carry out urgent repair or maintenance work; this does not apply to other services that the consumer has not expressly requested or to such goods delivered during the visit that are not necessarily required as spare parts for maintenance or repair, unless the parties have expressly agreed otherwise.
§ 10 warranty
If the customer is a consumer, the statutory provisions (Sections 434 ff., 474 ff. BGB) apply – subject to the liability agreement in accordance with Section 12.
A product that is already defective upon delivery (warranty case) will initially be replaced by Cleanmarine at its own expense with an equivalent product or repaired professionally (at the discretion of the customer) (§ 439 I BGB). Cleanmarine can refuse the type of supplementary performance selected by the customer, irrespective of Section 275 Paragraphs 2 and 3 BGB, if it is only possible at disproportionate costs. In particular, the value of the item in a defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance could be used without significant disadvantages for the customer must be taken into account. In this case, the purchaser’s claim is limited to the other type of supplementary performance; the right of the seller to refuse this under the conditions of sentence 1 remains unaffected (§ 439 IV BGB). If the legal requirements are met, the purchaser has – subject to the limitation of liability according to § 12 – the further rights according to § 437 No. 1-3 BGB. In particular, a warranty case does not exist in the following cases: damage caused by the customer due to misuse or improper use, provided this is not based on inadequate assembly instructions, damage caused by the customer’s products being exposed to harmful external influences (in particular extreme temperatures, humidity, unusual physical or electrical stress, voltage fluctuations, lightning strikes, static electricity, fire). Furthermore, Cleanmarine does not accept any liability for a fault caused by improper repairs by a service partner not authorized by the manufacturer.
In the event of a justified request for repairs as well as a justified request for a replacement, the customer is obliged to send the defective product at the expense of Cleanmarine to the specified return address (§ 9.1) – if possible, stating the order number. Before sending it in, the customer should remove any objects he has inserted (e.g. chips or cards) from the product in his own interest. Cleanmarine is not obliged to examine the product for the installation of such objects. Cleanmarine is not liable for the loss of such objects, unless it was immediately apparent to Cleanmarine when the product was taken back that such an object had been inserted into the product; in this case, Cleanmarine informs the customer and keeps the item ready for collection. Before sending in a product for repair or replacement, the customer must, if necessary, make separate backup copies of the system software, the applications and all data on the product on a separate data carrier and deactivate all passwords. It is also the responsibility of the customer to install the software and data and reactivate the passwords after the repaired product or the replacement product has been returned. If the customer sends in the goods in order to receive an exchange product, he may have to delete any software and other data that he has installed, as well as passwords on the product he has sent in. If the product inspection reveals that the complaint is obviously unfounded, the customer is obliged to reimburse Cleanmarine for expenses in the amount of a lump sum of € 40.00; Both contracting parties are free to provide evidence of lower or higher expenditure in individual cases. The burden of proof regulation of § 476 BGB remains unaffected for consumers. Should there actually be a warranty claim, Cleanmarine will reimburse the customer for the shipping costs incurred immediately after the supplementary performance has been carried out (Section 439 II BGB).
If the customer sends in the goods in order to receive an exchange product, the return of the defective product is based on the following condition: If the customer, as an entrepreneur, was able to use the goods in a defect-free condition between delivery and return, he has the value of the uses he has made to be reimbursed (§ 439 V BGB). For each commenced month of usage, a flat usage fee of 4% of the purchase price of the replaced goods is due; the purchaser is free to provide evidence of a lower compensation for use.
Withdrawal is only possible in the case of a not insignificant defect (§ 323 V BGB); Claims for damages exist – also for consumers – only in accordance with § 13 (§ 475 III BGB).
In addition, there may be claims against the manufacturer for products delivered within the Federal Republic of Germany within the framework of a (contractual) guarantee granted by the manufacturer, which are based on the corresponding guarantee conditions. Cleanmarine is not responsible for the manufacturer’s guarantee promises.
§ 11 Limitation Period
The statutory guarantee of claims against you as a consumer referred to in Section 437 of the German Civil Code ends two years from the transfer of risk for new items and 1 year from the transfer of risk for used items. If you are an entrepreneur, there is also a warranty period of one year from the transfer of risk for new items. The above limitations do not include liability for damage to life, limb or health that are based on a negligent breach of duty by Cleanmarine or an intentional or negligent breach of duty by a legal representative or vicarious agent or liability for other damages that are based on a grossly negligent breach of duty by Cleanmarine or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Cleanmarine; liability for pre-contractual fault (c.i.c.) or under the Product Liability Act also remains unaffected.
If the customer is a consumer, the limitation period begins with the receipt of the goods, in the case of entrepreneurs with the provision of the goods or handover to the shipping company. Any guarantee granted by the manufacturer does not extend the limitation period according to § 12.1.
§ 12 liability for damages
Cleanmarine is liable for grossly negligent and willful breaches of duty, as well as for physical damage caused by simple negligence. If the customer is an entrepreneur, liability for non-intentional actions is limited to the damage typically foreseeable when the contract was concluded.
In the event of slight negligence, Cleanmarine is only liable in the event of a breach of essential contractual obligations and limited to the damage that was foreseeable when the contract was concluded. This restriction does not apply to injury to life, limb and health. Cleanmarine is not liable for other slightly negligent damage caused by a defect in the purchased item. Liability for slight negligence is also limited in amount to the damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected. This limitation of liability also applies in favor of the vicarious agents of Cleanmarine. Any liability due to pre-contractual fault (c.i.c.) or under the Product Liability Act remains unaffected.
Irrespective of any fault on the part of Cleanmarine, any liability remains in the event of fraudulent concealment of a defect or from the assumption of a guarantee by Cleanmarine.
Cleanmarine is also responsible for the accidental impossibility of delivery during the delay, unless the damage would have occurred even if delivery had been made on time.
§ 13 Use of data
All personal data are treated with strict confidentiality at Cleanmarine. Our data protection practice is in particular in accordance with the GDPR, the Federal Data Protection Act (BDSG new) and the Telemedia Act (TMG). Personal customer data will only be passed on to third parties to process orders. Only the necessary data is passed on to the service provider, the distributor and the parcel or courier service. It consists i.a. The possibility at any time to request free information about the personal data stored and to have them deleted, corrected or blocked for advertising purposes. You can find our detailed data protection declaration here.
§ 14 miscellaneous
All contracts concluded with Cleanmarine within the meaning of § 1 are exclusively subject to the law of the Federal Republic of Germany with the express exclusion of the U.N. sales law; If the customer is a consumer and is not domiciled in Germany, the mandatory regulations of the country in which the consumer is domiciled remain unaffected by this choice of law. In these cases, the law of the state in which the consumer is domiciled applies in favor of the consumer. The contract language is German.
The place of jurisdiction for all current and future claims from the business relationship with entrepreneurs including bill and check claims is the registered office of Cleanmarine; The same applies to consumers if the customer does not have a general place of jurisdiction in Germany, has moved his domicile or usual place of residence outside of Germany after conclusion of the contract, or his place of residence or usual place of residence is not known at the time the action is brought.
In business dealings with companies, the common place of performance of the parties is the headquarters of Cleanmarine.
If the customer is an entrepreneur, the inclusion of his terms and conditions is contradicted; in the event of a dissent in individual parts, the entire contract is deemed not to have been concluded (§ 139 BGB).
Notifications and declarations to Cleanmarine must be submitted in text form. Contractual agreements or declarations by the user remain unaffected by this regulation.
If one of the above conditions is not effective, this does not affect the validity of the remaining provisions.
Status: 05.08.2020 – Right of cancellation status: 05.08.2020
Alternative dispute resolution in accordance with Art. 14 Para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/. Cleanmarine is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
Brandshofer Deich 114-118
20539 Hamburg / Germany
Managing Directors: Stefan Bez, André Kohnen
Phone: + 49 (0) 40/734 33 66 9 – 0
Fax: +49 (0) 40/734 33 66 9 – 90