Terms and Conditions

General terms and conditions

1. Preamble

The following General Terms and Conditions govern the contractual relations between us, the company engaged in a trade

GILDE HANDWERK Macrander GmbH & Co. KG

represented by GILDE HANDWERK Macrander Verwaltungsgesellschaft mbH

represented by the managing director managing directors Renée Macrander-Yazdtschi, Klaus Theel, Hamid Yazdtschi

Dingdener Str. 199

46395 Bocholt

and the customers.

We are available under the following contact details:

Phone: +49-2871-188-0

Fax: +49-2871-188-223

E-Mail: info@gildeclownsclub.com

1.1. The contract language is German.

2. Definitions

2.1. A “merchant” (plural: merchants) is either a person who carries on a business or a person who has the name of their company registered in the commercial register.

2.2. A “business” is any business enterprise, unless the nature or size of the enterprise does not require a commercial business organisation.

2.3. An "entrepreneur" is a natural or legal person or a partnership having legal capacity that upon conclusion of a legal transaction acts performing their commercial or independent professional activity.

2.4. A consumer shall be any natural person who concludes legal transactions for purposes which cannot be predominantly attributed to his / her commercial or independent professional activities.

2.5. A distance contract in the sense of the present terms and conditions is a contract regarding the delivery of goods or the performance of services that is concluded between an entrepreneur and a consumer under exclusive use of remote communication means unless the conclusion of contract does not take place in the frame of a distribution or service system organised for distance selling.

2.6. “Means of distance communication” are means of communication that can be used in order to initiate or conclude a contract between a consumer and an entrepreneur without the simultaneous physical presence of the contractual parties; this includes but is not limited to letters, catalogues, telephone calls, faxes, e-mails as well as broadcasting services, teleservices or media services.

2.7. “Text of the contract” in terms of these General Terms and Conditions includes the product description resulting from our online presentation and the content of the online order. The confirmation of order sent by us in the online portal itself is not considered to be text of the contract, but merely confirms the receipt of the order.

2.8. Text form shall be a legible declaration in which the identity of the declaring person is named and which was provided on a permanent data carrier.

2.9. A permanent data carrier shall be any medium which enables the recipient to store or save a declaration on this data carrier personally directed to them in a way that it is accessible for their purposes over a reasonable period of time and that it is suitable for reproducing the declaration without any changes.

2.10. Business premises are immovable commercial premises in which the entrepreneur carries out his activity on a permanent basis, and movable commercial premises in which the entrepreneur usually carries out his activity. Warehouses in which the person acting on behalf of the contractor performs his or her duties on a permanent or customary basis is the same as a contractor.

2.11. “Damage caused by defects” is the damage that results from the fact that the object of purchase disadvantages the customer compared to a defect-free object of purchase due to a defect that can be remedied by subsequent performance.

2.12. “Consequential damage caused by defects” is the damage that is not remedied by defect-free subsequent performance and that is suffered by the customer in other legal interests than the object of purchase due to the defect that can be remedied by subsequent performance, particularly to body, property, possession or liabilities to pay damages to third parties.

3. Validity of these General Terms and Conditions

3.1. These General Terms and Conditions shall apply exclusively to all contracts, deliveries and other services.

3.2. We do not acknowledge any conflicting or deviating terms and conditions.

3.3. If the customer is a merchant, they shall also apply to all future business relationships, even if they are not expressly agreed upon again.

3.4. We are at any time entitled to change or supplement these General Terms and Conditions. Customers are entitled to object to such change. If no objection is made within four weeks after receipt of the notification of change, the new general terms and conditions become effective in accordance with the change. At the beginning of the period, the customers will be informed in writing that the notification of change is deemed to be accepted if it is not objected within four weeks.

is entitled to continue the contract according to the previous terms and conditions or to terminate the contract with a one-month period of notice to the end of the month.

4. Cancellation policy

4.1. Right to cancellation

In case of a distance contract, consumers are entitled to withdraw from the contract within fourteen days without stating any reasons. The cancellation period is fourteen days starting from the day on which the consumer or a third party named by the consumer that is not the carrier have taken possession of the goods; in case of a contract regarding several goods that the consumer ordered in the frame of one order and that are delivered separately, have taken possession of the last goods; in case of a contract regarding the delivery of one good in several partial deliveries or pieces, have taken possession of the last partial delivery or the last piece.In order to exert the right to cancellation, consumers need to inform us

GILDE HANDWERK Macrander GmbH & Co. KG

represented by GILDE HANDWERK Macrander Verwaltungsgesellschaft mbH

represented by its managing directors Renée Macrander-Yazdtschi, Klaus Theel, Hamid Yazdtschi

Dingdener Str. 199

46395 Bocholt

Phone: +49-2871-188-0

Fax: +49-2871-188-223

E-Mail: info@gildeclownsclub.com

by an explicit declaration (e.g. a letter sent by post, fax or e-mail) regarding their decision to withdraw from this contract.

Consumers may use the accompanying form of cancellation which, however, is not mandatory.

To comply with the cancellation period, it is sufficient to dispatch the notification regarding the exertion of the right to cancellation prior to the end of the cancellation period.

4.2. Consequences of cancellation

If consumers cancel this contract, we shall reimburse all payments that we received from them, including delivery costs (except additional costs resulting from the fact that consumers chose another type of delivery than the low-cost standard delivery offered by us) immediately and at the latest within fourteen days starting from the day on which we received the notice regarding the cancellation of this contract. For this reimbursement, we will use the same means of payment that consumers used for the original transaction, unless expressly otherwise agreed; in no case consumers will be charged for such reimbursement.

We may refuse reimbursement until the goods are returned to us or the consumer has provided evidence that they dispatched the goods, depending on which is earlier.

Consumers shall immediately return or hand over to us the goods and in any case at the latest within fourteen days starting from the day on which they inform us about the cancellation of this contract. The period is met if the consumer dispatches the goods prior to the expiry of the period of fourteen days.

Consumers shall bear the immediate costs of returning the goods. The costs are estimated to amount to about 150.00 EUR for goods that cannot be sent by parcel post.

Consumers shall only bear any possible loss of value if this loss of value is due to handling the goods in a manner not required for the inspection of their properties, features and functions.

5. Conclusion of contract/storage of the text of the contract and the General Terms and Conditions/specifications/non-availability

5.1. Advertising the products in the internet shop represents a non-binding invitation to our customers to provide an offer that requires our confirmation.

5.2. The customers provide an offer by proceeding through several steps during the order process, namely

5.2.1. first selecting a product that they want to buy and initiating the order process by clicking on the „add to cart“ link;

5.2.2. selecting the order quantities in the virtual cart displayed and continuing the order process by clicking on the „proceed to checkout“ link;

5.2.3. logging in as registered customer or creating a new user account;

5.2.4. entering the required data when creating a new user account and accepting our privacy statement;

5.2.5. selecting an invoice address or entering a new invoice address, entering a delivery address deviating from the invoice address if applicable and then clicking on the „continue“ link;

5.2.6. selecting a type of shipment, entering a comment if applicable and then clicking on the „continue“ link;

5.2.7. selecting a type of payment and then clicking on the „continue“ link;

5.2.8. checking again all entries made, correcting them if required, accepting our terms and conditions including the cancellation policy and clicking on the "order now" link in order to place a legally binding offer.

5.2.9. Following the placement of an offer, customers will receive an e-mail at the e-mail address provided by them. The e-mail will contain all order details. Our e-mail confirms the order but does not represent an acceptance of the offer made by the customer.

5.3. Entries can be corrected before submitting the order using the usual keyboard and mouse functions.

5.4. We may accept the customer’s offer within five days at our choice either by confirming the order or by delivering the goods.

5.5. The text of the contract and the terms and conditions are stored and sent to the consumer via e-mail.

6. Terms of delivery/delivery charges

6.1. Delivery dates the customer indicates on their order need to be confirmed by us to become applicable.

6.2. Partial deliveries are permissible as far as they are reasonable for the customer.

6.3. Packaging and consignment costs are invoiced and stated separately. The exact costs can be found in the description of the product.

7. Requirement to give notice of defects

7.1. If the sale is a commercial transaction for both parties, clients shall be obliged to examine the goods immediately after their receipt, if this is feasible in the ordinary course of business, and to immediately inform the seller of any defects found.

7.2. If the purchaser does not inform the seller, goods shall be considered to be accepted, unless there is a defect which could not be seen at the time of examination.

7.3. If such defect appears at a later time, information must be given immediately after its discovery; in all other cases, goods shall be considered to be accepted with regard to the relevant defect.

7.4. If we fraudulently concealed this defect, we shall have no right to appeal to this provision.

8. Retention of title

8.1. Until its full payment the contractual item remains our property.

8.2. In case of merchants the goods remain our property until full payment of all claims from the contractual relationship. We engage to release the securities that we are entitled to on request of the customer as far as the realised value of our securities exceed the claims to be ensured by more than 20%; the choice of securities to be released lies with us.

8.3. Customers are entitled to re-sell goods subject to the retention of title. The customer already now assigns all claims from the re-sale regarding the delivered goods subject to retention of title in the amount of the final amount invoiced (including turnover tax) of our claims including all ancillary rights with priority before their remaining claims that result from the re-sale to the purchaser or third party. This applies irrespective of the fact whether the delivered item has been resold without any or following processing or blending or mixing. We accept the assignments. Following the assignment, the customer is entitled to collect the claim irrespective of our own entitlement to do so. However, we engage to not collect the claim ourselves as far as the customer properly fulfils their obligation to pay and does not come in default of payment and particularly no motion to open insolvency or conciliation proceedings regarding their assets has been filed. If this should be the case, however, we may request that the customer informs us on the assigned claims and their debtor and hands over all documents required to collect the claims and informs the debtor or the third party about such assignment.

8.4. The processing of the reserved goods or the goods in our secure ownership by the customer always takes place in the name and on behalf of us, without any liabilities arising therefrom. If processing takes place with objects that do not belong to the customer, we acquire co-ownership of the new item in proportion of the value of the goods delivered by us (invoice - final amount plus value added tax) to the other processed items at the time of processing. Incidentally, the same applies to the thing resulting from processing as to the purchased object delivered under reservation. This also applies if the customer acquires sole ownership through activities pursuant to sentence 2. The preservation for us is free of charge. If the purchased item is inseparably mixed with other movable items not belonging to us, we acquire co-ownership of the new item in proportion to the value of the goods delivered to us (invoice amount - final amount plus value added tax) to the other mixed items at the time of mixing. If the mixing takes place in such a way that the object of the customer is to be regarded as the main object, it is agreed that the customer assigns co-ownership pro rata to us. The customer keeps the resulting sole ownership or co-ownership for us free of charge.

9. Liability for defects / Period of limitation

9.1. If the delivered item is not of the agreed quality or is not suitable for the presumed use in accordance with the contract or is not suitable for the usual use or is not of a condition which is usual for products of the same kind and which the buyer can expect according to the type of the product or if it does not have properties which the customer can expect based on public statements from our side, we are obliged to supplementary performance.

9.2. An immaterial defect or immaterial reduction of the suitability is irrelevant. Damages caused by defects and consequential damages caused by defects that have occurred due to improper use or handling of the goods by the customer are not included in the warranty rights.

9.3. The supplementary performance takes place by rectification of the defect (subsequent improvement) or the delivery of new goods at the choice of the customer.

9.4. Clients may claim for damages only after a subsequent performance has failed. Their right to claim additional damages on the basis of the "Liability" section below shall be not affected by this.

9.5. The period of limitations for new products shall be one year from the transfer of risks; a liability for defects in case of second-hand goods shall be excluded. This shall not apply to claims for damages and reimbursement of expenses due to defects on the basis of the "Liability" section below. The period of limitation shall also remain unaffected in cases of delivery recourse on the basis of sections 478 and 479 BGB; it shall be five years from the delivery of the defective item.

9.6. For consumers the limitation period for new goods is two years starting from the delivery to the customer, for used goods one year starting from delivery. This does not apply to damage or reimbursement claims in accordance with the following “Liability” paragraph.

9.7. For entrepreneurs the limitation period for new goods is one year starting from the transfer of risk; for used goods the liability for defects is excluded. This does not apply to damage and reimbursement claims due to defects in accordance with the following “Liability” paragraph. The limitation period also remains unaffected in the event of delivery regress in accordance with sections 478, 479 BGB [German Civil Code]; it is five years starting from the delivery of the defective item.

10. Liability

10.1. We exclude our liability for slightly negligent breach of duty, unless damages arising from death, injury to body or health or claims according to the Product Liability Act or warranties are concerned. Moreover, the liability for the breach of obligations which fulfilment makes the proper execution of the contract possible in the first place and on which fulfilment the customer may regularly relay on remains unaffected (essential contractual obligations).

10.2. In the event of material damages and financial losses caused by negligence, we are only liable in case of a violation of essential contractual duties. The liability for damages is limited to the compensation of the typical and foreseeable damage on conclusion of the contract.

10.3. The same shall apply to breaches of duty by our vicarious agents.

11. Contractual exclusion of set-off/right of retention

11.1. The customer is not entitled to offset their own claims against our claims for payment, unless the claims are undisputed or established as final and absolute.

11.2. Unless otherwise agreed, our invoices are payable without deduction no later at 14 days after receipt of the goods.

12. Exclusion of set-off

The entrepreneur is not entitled to set off their own claims against our payment claims, unless the claims are based on the same contractual relationship or they are indisputable or legally determined.

13. Right of retention

The entrepreneur is entitled to exert a right of retention only as far as their counterclaim is based on the same contractual relationship.

14. Extrajudicial conciliation options

14.1. In case of disputes resulting from online purchase contracts or online service contracts, an OS (dispute resolution) platform provided by the European Union may be used to resolve such disputes as far as it is actually made available by the European Union.

The platform shall be available here:

http://ec.europa.eu/consumers/odr/

Our e-mail address: info@gildeclownsclub.com

15. Applicable law, place of jurisdiction, collateral agreements and severability

15.1. The contract including these General Terms and Conditions is subject to the substantive law of the Federal Republic of Germany. The provisions of the United Nations Convention on Contracts for the International Sale of Goods from 11 April 1980 (CISG) do not apply.

This choice of law does not apply if the consumer is stripped of mandatory provisions of the law of the country in which they have their ordinary place of residence.

15.2. In the event of legal disputes, our registered office shall be the place of jurisdiction if

15.2.1. the customer is a merchant or

15.2.2. the customer does not have a general place of jurisdiction in the territory of the Federal Republic of Germany or if

15.2.3. the customer is a legal person under public law.

15.3. We are entitled to sue at any other statutorily provided place of jurisdiction as well.

15.4. Collateral agreements have not been made.

16. Severability clause (partial ineffectiveness)

Should one of the provisions be ineffective, the effectiveness of the remaining provisions remains unaffected.

17. Cancellation form

To

GILDE HANDWERK Macrander GmbH & Co. KG

Dingdener Str. 199

46395 Bocholt

+49-2871-188-223

info@gildeclownsclub.com

I/We hereby cancel the contract concluded by me/us regarding the purchase of the following goods:

_______________________________________________________

Ordered on/received on:

_______________________________________________________

Name (consumer):

_______________________________________________________

Address (consumer):

_______________________________________________________

Signature (consumer):

_______________________________________________________

Date:

_______________________________________________________