Terms of service

    • Scope of application

      For all orders via our online store by consumers and entrepreneurs, the following terms and conditions apply.

      A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

      The following shall apply to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.

        • Contractual partner, conclusion of the contract, correction options

          The purchase contract is concluded with Clair Organics GmbH.

          By placing the products in the online store, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction tools provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

            • Contract language, contract text storage

              The language(s) available for the conclusion of the contract: German, English

              We store the contract text and send you the order data and our terms and conditions in text form. You can view the contract text in our customer login.

                • Terms of delivery

                  We deliver free of shipping costs. We deliver only by mail order. A self-collection of the goods is unfortunately not possible

                    • Payment

                       In our store you can basically use the following payment methods:

                      Credit card

                      In the order process you enter your credit card details. Your card will be charged immediately after placing the order.

                      PayPal, PayPal Express

                      To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further instructions in the order process.

                      PayPal can offer registered PayPal customers and those selected according to its own criteria further payment modalities in the customer account. However, we have no influence on the offering of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You can find more information about this in your PayPal account.

                      PayPal

                      In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal Services. Unless otherwise stipulated below, payment via PayPal Plus does not require registration with PayPal. You will receive further information with the respective payment option and in the order process.

                      PayPal, PayPal Express

                      In order to be able to pay the invoice amount via the PayPal payment option, you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order.

                      PayPal can offer registered and according to its own criteria selected PayPal customers further payment modalities in the customer account. However, we have no influence on the offering of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You can find more information about this in your PayPal account.

                      Credit card via PayPal

                      Your card will be charged by PayPal after the goods have been shipped.

                      Direct debit via PayPal

                      Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. With confirmation of the payment instruction you give PayPal a direct debit mandate. You will be informed by PayPal about the date of the account debit (so-called prenotification). The account will be debited before the goods are shipped.

                      Purchase on account via PayPal

                      The purchase on account via PayPal requires an address and credit check and is sent directly to PayPal.

                      Immediately by Klarna

                      In order to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions in the order process.

                      Google Pay

                      In order to pay the invoice amount via the payment service provider Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have activated the Google Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction will be carried out immediately after placing the order. You will receive further instructions during the order process.

                      Apple Pay

                      In order to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions in the order process.

                      Amazon Pay

                      In order to pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A. 38 avenue J.F. Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, legitimize yourself with your access data and confirm the payment instruction. The payment transaction will be executed within one banking day after the order is placed. A banking day is any business day except Saturdays, federal public holidays, and December 24 and 31 of each year. You will receive further information in the order process.

                      Klarna

                      In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna") we offer the following payment options. Payment via Klarna is only available to consumers. Unless otherwise provided below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You will receive further instructions with the respective payment option and in the order process.

                      Klarna direct debit

                      You give Klarna a SEPA direct debit mandate. Klarna will inform you about the date of the debit (so-called prenotification). The account will be debited after the goods have been shipped.

                          Right of withdrawal

                      You are entitled to the statutory right of withdrawal as described in the cancellation policy.

                        • Retention of title

                          The goods remain our property until full payment.

                          For entrepreneurs, the following shall apply in addition: We retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You shall remain authorized to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

                            • Transport damage

                              The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

                              For entrepreneurs, the following applies: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.

                                • Warranty and guarantees

                                   *Liability for defects

                                  Unless otherwise expressly agreed below, the statutory liability for defects shall apply.

                                  The following restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents

                                     * in case of injury to life, body or health

                                     * in case of intentional or grossly negligent breach of duty as well as fraudulent intent

                                     * in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations)

                                      *within the scope of a guarantee promise, if agreed, or

                                      *insofar as the scope of application of the Product Liability Act is opened.

                                  Restrictions vis-à-vis entrepreneurs

                                  With respect to entrepreneurs, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk.

                                  The statutory limitation periods for the right of recourse according to § 933 ABGB remain unaffected.

                                  Regulations vis-à-vis merchants

                                  Among merchants, the duty of inspection and notification of defects regulated in § 377 UGB applies. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.

                                  • Guarantees and customer service

                                  Information on any additional warranties and their exact conditions can be found with the product and on special information pages in the online store.

                                  Customer service: +43 2622 93056

                                  10. Liability

                                  For claims based on damages caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation

                                   

                                  • in case of injury to life, body or health,
                                  • in case of intentional or grossly negligent breach of duty,
                                  • in the case of warranty promises, insofar as agreed, or
                                  • insofar as the scope of application of the Product Liability Act is opened.

                                  In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.

                                  Otherwise, claims for damages are excluded.

                                    • Dispute resolution

                                      The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

                                        • Final provisions

                                          If you are an entrepreneur, Austrian law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

                                          If you are a merchant within the meaning of the Austrian Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.