Terms of service
of CLEW GmbH, represented by Managing Director: Johannes Weckerle
Gollierstrasse 70, 80339 Munich, Germany
Commercial Register: HRB 247354 (Local Court of Munich)
VAT ID: DE323058002
Email: support@clew.de
1. Subject Matter of the Contract, Scope of the Terms and Conditions
1.1 CLEW offers its customers proprietary, innovative snowboard bindings, as well as snowboards and accessories, and snowboard fashion (including clothing and snowshoes) as commercial goods.
1.2 These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all declarations of intent, contracts, and legal or quasi-legal acts of CLEW with its customers (hereinafter referred to as “Customer”).
1.3 If the Customer is a business entity (see Section 2.2), these GTC shall also apply to all future legal transactions between the parties, upon their initial effective inclusion. CLEW reserves the right to amend the terms and conditions as set out in Section 15 of these GTC. CLEW expressly rejects any counter-confirmations by business Customers (see Section 2.2) referring to their own terms and conditions of business and/or purchase; such terms shall not become part of any agreement unless expressly confirmed by CLEW in writing.
2. Definitions
2.1 A “Consumer” within the meaning of these GTC is any natural person who enters into a contract with CLEW for purposes that are predominantly outside their trade, business, or profession (cf. Section 13 of the German Civil Code – BGB).
2.2 An “Entrepreneur” within the meaning of these GTC is any customer who, at the time of entering into the contract with CLEW, is acting in the exercise of their trade, business, or self-employed professional activity (cf. Section 14 (1) BGB).
3. Conclusion of Contract, Contract Language and Contract Text
3.1 The presentation of products in catalogs or on websites is non-binding. By clicking the “Buy Now” button, the customer submits a binding offer to enter into a purchase contract. Subject to the right to reject a customer without stating reasons, the contract is concluded through a corresponding confirmation by CLEW. The confirmation or rejection must be issued no later than five days after receipt of the order. The dispatch of the ordered goods and the corresponding shipping confirmation sent to the customer shall be deemed equivalent to an explicit declaration of acceptance by CLEW; this does not apply if the customer has chosen “advance payment” as the payment method. In the case of advance payment, CLEW accepts the contract by sending an order confirmation and a payment request via email. In all other cases, where the customer initiates payment during the ordering process, CLEW’s binding acceptance of the contract occurs at the time the payment is authorized or the purchase price is accepted.
3.2 Contracts are generally concluded in German. An exception is made for contracts with entrepreneurs in international legal transactions, which may be drawn up bilingually in German and English or in English only. In the case of a bilingual contract document, the German version shall take precedence in the event of any interpretative doubt, unless expressly agreed otherwise.
3.3 For online orders, the customer will receive an order confirmation, the invoice, and these GTC by email after placing the order. CLEW does not store any separate contract text accessible via the internet. Before submitting a binding order, the customer can return to previously visited pages and correct input errors or cancel the order process at any time by using the "Back" button provided by the browser.
3.4 Consumers, as customers, generally have a statutory right of withdrawal when concluding a distance selling transaction. Details on the right of withdrawal and the consequences thereof can be found at
www.clew-snowboarding.com under “Right of Withdrawal”.
4. Delivery Area and Shipment
4.1 Unless otherwise agreed, delivery of goods is limited to the European Union. Unless otherwise specified, CLEW ships the ordered goods to the delivery address provided by the customer.
4.2 CLEW generally delivers orders consisting of multiple individual products as a single shipment. In the case of partial deliveries requested specifically by the customer, shipping costs pursuant to Section 5 will be charged for each partial delivery.
4.3 CLEW participates in a nationwide packaging return system in accordance with § 6 paragraph 3 of the German Packaging Ordinance to ensure the proper collection and recycling of sales packaging. Customers who are consumers (see Section 2.1) can therefore return sales packaging to any designated collection point within the disposal system.
5. Prices, Shipping Costs, Payment, and Installment Purchase
5.1 Unless otherwise agreed, the prices applicable at the time of the order shall apply. These are final prices excluding packaging and shipping costs. If delivery is made as a cash-on-delivery shipment based on an individual agreement with the customer, the customer shall also bear the cash-on-delivery and money transfer fees for each shipment, which will be specified separately during the order process. If a delivery service is commissioned to transport the goods to a country outside the EU, additional fees and customs duties may apply, which must also be borne by the customer. If the customer is an entrepreneur (see Section 2.2), the customer shall also bear any applicable insurance costs.
5.2 The customer generally has the option to choose between different payment methods, provided that multiple payment options are offered (depending on order amount, delivery method, shipping destination, and settings), such as advance payment, credit card, PayPal. However, the customer has no entitlement to a specific payment method. Unless otherwise agreed, payment must be made in advance. If payment is made by credit card, CLEW will initiate the payment upon order. If advance payment is not agreed, the purchase price is due for payment within 14 days of receipt of the invoice. If the customer is an entrepreneur (see Section 2.2), payments must be made immediately and without deductions.
5.3 CLEW reserves the right to offer consumers (see Section 2.1) payment by invoice or installment purchase in cooperation with Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden. However, the customer has no right to such an option. In these cases, payments are to be made directly to Klarna. The payment term for purchases on invoice is 14 days. In addition to these GTC, the payment terms of Klarna Bank AB apply, which the customer can access at:
https://cdn.klarna.com/1.0/shared/content/legal/terms/K605374/de_de/invoice?fee=0
In the case of installment purchase via Klarna’s financing service, the customer may pay for the purchase in monthly installments of at least 1/24 of the total amount (but no less than €6.95), or under other conditions specified during the Klarna checkout process. The additional Klarna Installment Purchase Terms apply, available at:
https://cdn.klarna.com/1.0/shared/content/legal/de_de/account/terms.pdf.
The General Terms and Conditions of Klarna and the European Standard Information for Consumer Credit from Klarna also apply and are available at:
https://www.klarna.com/de/agb/
and https://cdn.klarna.com/1.0/shared/content/legal/de_de/consumer_credit.pdf.
5.4 If payment by invoice has been agreed upon with the customer, the customer shall be in default — regardless of the provision in Section 5.2 — without a reminder if payment is not received by CLEW within the payment term specified in the invoice. In the event of late payment or deferral, interest will be charged at a rate of 5 percentage points above the applicable base interest rate. The customer is entitled to prove that CLEW incurred no or a lesser loss of interest than stated above. If the customer is an entrepreneur (see Section 2.2), the default interest rate is 9 percentage points above the applicable base interest rate. CLEW also reserves the right to claim the flat-rate compensation in accordance with Section 288 (5) BGB for entrepreneurs, as well as any further damages. This flat rate shall be offset against any claims for damages.
5.5 In the event of default of payment and/or significant deterioration of the financial situation of the customer as an entrepreneur (see Section 2.2), CLEW may declare all outstanding claims immediately due and, at its own discretion, request either payment upon delivery or advance payment for outstanding deliveries and services. CLEW considers a deterioration in financial standing particularly in cases of unsatisfactory credit reports or at least two unsuccessful reminders.
5.6 CLEW is entitled to offset payments initially against older outstanding debts of the customer as an entrepreneur (see Section 2.2) and will inform the customer of the type of offset applied. If costs and interest have already been incurred, CLEW may offset payments first against the costs, then against the interest, and finally against the principal debt.
6. Delivery Periods
6.1 Delivery times depend on the specific product and are displayed on the website. Depending on the selected shipping method, delivery will be made within the usual shipping times from Germany. Unless otherwise stated, CLEW will deliver the ordered goods no later than 30 days after conclusion of the contract, or in the case of advance payment, within 30 days after receipt of payment.
6.2 If, after the customer's order, there is a change to the estimated availability or shipping date, CLEW will notify the customer via email. If the customer is a consumer (see Section 2.1), they have the right to cancel or modify their order free of charge at any time prior to the goods being prepared for shipment or dispatched — unless otherwise expressly agreed between CLEW and the customer. Statutory rights in the event of delay remain unaffected.
6.3 If the customer is an entrepreneur (see Section 2.2), they must set CLEW a reasonable grace period in the event that the delivery or availability date is exceeded.
7. Non-Delivery by Suppliers
7.1 CLEW does not assume any procurement risk. If the goods are not available or only temporarily unavailable despite CLEW having previously concluded a corresponding purchase agreement, CLEW will inform the customer of this without delay after the order has been placed and will provide regular updates thereafter. Until CLEW receives delivery from its supplier, CLEW is released from its obligation to perform and may withdraw from the contract in the event of non-availability. This does not apply if CLEW is responsible for the non-delivery by the supplier. If CLEW intends to withdraw from the contract, it will exercise this right without delay.
7.2 In the event of withdrawal, CLEW will promptly refund any amounts already paid by the customer toward the purchase price. Claims for damages by the customer are excluded. This does not apply if CLEW is responsible for the non-delivery by the supplier.
8. Non-Binding Instructions for Returns
In the event of returns – including in the case of exercising the right of withdrawal – we kindly ask the customer to use secure packaging for the return shipment, preferably the original transport packaging if available.
9. Additional Special Provisions for Entrepreneurs
The following provisions apply in addition for customers who are entrepreneurs (see Section 2.2):
9.1 CLEW expressly reserves the right to accept the customer's offer.
9.2 The place of performance is CLEW’s registered office.
9.3 In the case of deliveries to a different location, the risk of accidental loss or deterioration of the goods passes to the customer no later than upon handover to the commissioned transport company. This also applies if CLEW has assumed the shipping costs.
9.4 The customer is obligated to inspect the goods immediately upon receipt and to notify CLEW without delay of any defects. If the customer fails to notify CLEW, the goods shall be deemed accepted, unless the defect was not detectable during the inspection. If such a hidden defect becomes apparent later, it must be reported immediately upon discovery; otherwise, the goods shall also be deemed accepted with regard to this de- fect.
9.5 Notices of defects must be submitted in writing and must include a specific description of the defect. The deadline for reporting defects is 5 business days from receipt of the goods, or 5 business days from discovery in the case of hidden defects, unless the customer can prove that compliance with this deadline was not possible even with proper business procedures.
9.6 Externally visible damage to the transport packaging, as well as visible damage to the goods resulting from such transport damage, must be noted and confirmed on the freight bill or delivery note of the carrier, and must be reported to CLEW in writing within 5 business days, including a copy of the noted damage, so that CLEW can fulfill its own notification obligations under the transport insurance.
9.7 Claims for material defects expire one year after delivery of the goods. The statutory limitation period for recourse claims (see § 445b BGB) remains unaffected.
9.8 The limitation periods set out in Section 9.7 do not apply in cases of intent, fraudulent concealment of a defect, or if CLEW has assumed a guarantee for the condition of the goods. They also do not apply to claims based on material defects resulting in injury to life, body, or health, under the German Product Liability Act, due to gross negligence, or due to culpable breach of essential contractual obligations (see Section 11.3).
The following provisions apply to warranty claims:
- In the event of a defect, the customer must grant CLEW a reasonable period to remedy the defect. CLEW is entitled to refuse the chosen method of supplementary performance if it involves disproportionate costs. This is especially the case if the cost of remedying the defect exceeds the value the item would have without the defect, the cost exceeds the reduction in value caused by the defect, or another method of supplementary performance is less costly and does not significantly disadvantage the customer.
- In such cases, the customer’s warranty claim is limited to the alternative method of supplementary performance. If that alternative also involves disproportionate costs, CLEW may refuse supplementary performance altogether.
- Warranty or guarantee claims do not apply to defects caused by incorrect operation, interventions, or repairs by the customer or third parties not authorized by CLEW. The same applies to natural wear and tear, exposure to temperature and weather conditions, or the use of unsuitable accessories, unless CLEW is responsible for such influences.
10. Retention of title
10.1 Delivered goods remain the property of CLEW until full payment of the purchase price and settlement of all claims arising from the delivery contract.
10.2 If the customer is an entrepreneur (see Section 2.2), CLEW additionally retains ownership of the delivered goods until all claims existing at the time of contract conclusion, including claims from supplementary agreements and follow-up orders (hereinafter referred to as "total claims"), have been fulfilled. The entrepreneur hereby assigns to CLEW, by way of security, all claims arising from resale of the goods against their customers in full. CLEW accepts this assignment. The customer is – alongside CLEW and subject to revocation – authorized to collect these claims. CLEW will only revoke this authorization if the customer defaults on their payment obligations or if insolvency proceedings are initiated. The buyer is obliged to notify CLEW immediately of any enforcement measures affecting the reserved goods and to inform the bailiff of CLEW's ownership.
10.3 CLEW is obligated to release securities at the customer's request if the value of such securities exceeds the total claims by more than 20%. CLEW may choose which securities to release.
10.4 In contracts where the delivered goods are subject to retention of title, CLEW has the right to withdraw from the contract if the buyer is in default of payment of the purchase price or any total claims exceeding €250. This right of withdrawal is limited to contracts where the value of the goods delivered does not exceed 120% of the total claims.
The buyer must inform CLEW immediately of any enforcement measures affecting the reserved goods and notify the bailiff of CLEW's retention of title.
11. Warranty and Liability
11.1 For consumers (see Section 2.1), the statutory warranty rights apply.
11.2 Claims for damages due to breach of duty or tort, as well as claims for reimbursement of futile expenses, are excluded against CLEW and its agents and assistants.
11.3 The limitation of liability in Section 11.2 does not apply where damage was caused intentionally or through gross negligence, or in the event of a breach of essential contractual obligations, that means those obligations that enable proper performance of the contract and upon which the customer regularly relies, and whose breach jeopardizes the purpose of the contract. It also does not apply to damages resulting from injury to life, body, or health for which CLEW is responsible, or for damages arising from the absence of a guaranteed property or under the German Product Liability Act.
11.4 In cases of damage due to slight negligence in breaching essential contractual obligations or in the case of grossly negligent breaches of ancillary obligations, CLEW's liability is limited to the typical, foreseeable damage. This does not apply to personal injury, or damage arising from the absence of guaranteed properties or under the Product Liability Act.
12. Prohibition of Set-Off and Right of Retention
If the customer is an entrepreneur (see Section 2.2), they may not set off claims that are unrelated to the reciprocal obligations under the contract. This prohibition does not apply if the counterclaims are undisputed, legally established, or ready for decision. The entrepreneur also has no right of retention unless one of the aforementioned exceptions applies.
13. Prohibition of Third-Party Platform Sales
Entrepreneurs (see Section 2.2) are not permitted to offer or distribute CLEW products via third-party platforms (e.g. Amazon Marketplace or eBay) ("third-party platform ban"). Distribution via the entrepreneur's own online store, search engine optimization measures, and online advertising are permitted and not affected by this ban.
14. Data Protection
CLEW collects, processes, and uses personal data of its customers, particularly contact data, for order processing purposes. CLEW’s data protection practices comply with the German Federal Data Protection Act (BDSG), the German Telemedia Act (TMG), and the General Data Protection Regulation (GDPR). Full details can be found in CLEW’s privacy policy.
15. Online Registration and Access Data
15.1 Registration is generally not required to place an order. However, CLEW reserves the right to implement an account area where the customer can register and view their orders, returns, statuses, etc. Upon registration, a user account will be created, and the customer will receive login credentials (hereinafter referred to as "access data," including the password). CLEW reserves the right to change these credentials at a later time and will inform the customer of the new access data.
15.2 The customer is responsible for protecting the access data, which must be kept confidential and not disclosed to third parties without CLEW’s written consent. The customer is aware that third parties with knowledge of the access data can place orders in their name. If the customer suspects misuse, they must change their access data immediately or notify CLEW.
15.3 If CLEW suspects misuse of access data – particularly if reported by the customer – CLEW has the right to block access immediately and will inform the customer accordingly.
15.4 CLEW is not liable for damages arising from the misuse or loss of access data, unless the damage was caused intentionally or through gross negligence. This disclaimer also does not apply to damage from injury to life, body, or health if CLEW is responsible.
15.5 CLEW reserves the right to send the customer push notifications with the latest service updates, offers, or updates to their mobile device. These notifications will only be sent with the customer's explicit consent, which can be withdrawn at any time in the account settings. Further details can be found in CLEW’s privacy policy.
16. Changes to the Terms and Conditions
CLEW reserves the right to change these terms and conditions with future effect. Changes become effective once they are incorporated into a legal transaction. They are also deemed accepted if CLEW notifies the customer electronically (e.g., by email), the customer can take note of the changes, and does not object within three weeks of receiving the change notice. The change notice will specify the objection deadline and consequences. In case of objection, CLEW reserves the right to terminate the business relationship.
17. Final Provisions and Dispute Resolution
17.1 This contract is governed exclusively by the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods and German international private law do not apply. If the customer is a consumer (see Section 2.1), mandatory consumer protection laws of their country of habitual residence shall also apply if they offer greater protection.
17.2 If the customer is a merchant, legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is Munich (Regional Court Munich I). This also applies if the customer relocates outside the jurisdiction of the German Code of Civil Procedure after contract conclusion or if their location is unknown at the time a claim is filed.
17.3 Should any provision of these terms be or become invalid, the remainder of the contract and the terms shall remain in full force and effect. The customer and CLEW agree to replace any invalid provision with one that reflects the commercial intent of the original as closely as possible.
17.4 ink to the EU Commission's Online Dispute Resolution (ODR) platform pursuant to Art. 14 (1) Regulation (EU) No. 524/2013:
https://consumer-redress.ec.europa.eu/index_en. CLEW is neither legally obligated nor voluntarily willing to participate in dispute resolution proceedings before a consumer arbitration board. CLEW will, however, seek an amicable resolution with the customer in case of conflict. As such procedures are feebased, CLEW will not participate in such dispute resolution in the interest of cost efficiency for the customer.