General Terms and Conditions (GTC) of Clearblick UG (limited liability) for the online shop OWIN
1. Scope
(1) These General Terms and Conditions (GTC) apply to all orders placed by customers via the OWIN online shop ( www.owin.care ) of Clearblick UG (limited liability), Immanuelkirchstraße 9, 10405 Berlin. Any deviating or supplementary terms and conditions of the customer shall not become part of the contract unless expressly agreed in writing.
(2) Customers within the meaning of these Terms and Conditions can be both consumers and entrepreneurs. Consumers are natural persons who enter into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity (Section 13 of the German Civil Code).
Entrepreneurs are natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, act in the exercise of their commercial or independent professional activity (Section 14 of the German Civil Code).
(3) The contract language is German.
(4) We store the data of your order, including the order information you entered and the complete contract text. After completing your order, you will receive an order confirmation by email containing all relevant order data and the contract text, which you can save or print.
2. Contracting parties and conclusion of contract
(1) The purchase contract is concluded with Clearblick UG (limited liability), represented by the management.
(2) The presentation of the products in the online shop does not constitute a legally binding offer, but rather a non-binding invitation to place an order or an invitation from us to you to submit a binding offer to conclude a purchase contract.
(3) By clicking the "Order with payment" button, the customer places a binding order for the goods contained in the shopping cart. The purchase contract via our web shop is concluded as follows:
(a) You have the option of selecting items from our range and collecting them in a virtual shopping cart by clicking the "Add to Cart" button. You can view the contents of your shopping cart at any time by clicking the corresponding "Shopping Cart" icon and adjust them as needed.
(b) To proceed with the order process, click on the “Checkout” button and enter the required personal details.
(d) By clicking the "Buy Now" button, you submit a binding declaration to conclude a purchase contract for the items in your shopping cart. Before submitting your order, you have the opportunity to review, change, or cancel the order process. You can also terminate the process at any time by closing your internet browser.
(e) Alternatively, you can use Express Checkout via Apple Pay or PayPal. If you are registered with one of these payment providers, you can authenticate using your Apple Pay or PayPal account and complete the order directly through that provider.
(4) A binding purchase contract is only concluded when we accept the order by means of an order confirmation or by dispatch of the goods.
(5) Upon receipt of your order, you will receive a confirmation email from us. This serves only as confirmation of receipt and does not constitute acceptance of your purchase offer.
(6) A binding purchase contract is only concluded when we either expressly accept your offer by email or ship the ordered goods to you and confirm shipment by email (shipping confirmation). There is no entitlement to acceptance of your offer. If we request payment immediately after placing your order (e.g., using instant payment methods), this request already constitutes acceptance of your purchase offer.
(7) Our products are sold exclusively in household quantities. This applies to both the number of items per order and multiple orders of the same product, provided the total quantity does not exceed a household quantity.
(8) If a product is not available, we will inform the customer immediately and refund any payments already made.
3. Prices and shipping costs
(1) All prices in the online shop are final prices and include statutory VAT.
(2) In addition to the product prices, shipping costs may apply. These depend on the delivery location and the weight of the ordered items. Detailed information can be found under "Shipping Costs."
(3) For orders over €39 and for subscriptions, there is no shipping charge.
(4) Customs fees for Switzerland: Additional customs fees and import taxes may apply when shipping to Switzerland. These fees are levied by the Swiss customs authorities and are to be paid directly by the customer. Alternatively, we offer the Delivered Duty Paid (DDP) shipping option for certain orders, where we handle customs clearance. Further information can be found during the checkout process.
4. Terms of payment
(1) The following payment options are available to you:
· Google Pay
· Apple Pay
· Credit card (VISA, Mastercard, Maestro, Amex)
· Instant bank transfer (Klarna Sofort),
· Klarna Sofort, Pay Later and Pay Now
· EPS transfer
· PayPal
· Amazon Payment
We reserve the right to exclude individual payment methods.
(2) If you pay by credit card (VISA, Mastercard, Maestro, Amex), please provide us with your credit card details when placing your order. Your card or the account you have deposited will be charged immediately after your order and your identification as the legitimate cardholder.
(3) If you select the payment method "Klarna Sofort/Pay Now," you will be redirected to Sofort GmbH. There, you select your bank, log in with your online banking details, and confirm the transaction with a TAN. The charge will be made immediately after completing the order.
Our payment claim is assigned to Klarna (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm), so that payments with debt-discharging effect can only be made to Klarna.
Please note that even if you pay via Klarna, we will continue to be your contact for questions about your order (e.g. goods, delivery time, shipping), returns, complaints, cancellations or credit notes.
(4) If you choose "Pay Later" as your payment method, Klarna will conduct a credit check to determine whether you can be offered purchase on account. If the check is positive, you will receive an invoice from Klarna with payment instructions no later than five days after your order is shipped or no later than 21 days after placing the order, regardless of whether you have already received the goods. If your order has not been shipped after 21 days, please contact us first and then Klarna to pause the payment period.
Here, too, our payment claim is assigned to Klarna, so payments can only be made to Klarna. However, we remain your contact for questions about your order, returns, or complaints.
(5) For an EPS transfer, after selecting the payment method, a list of participating Austrian banks opens. You select your bank, log in to online banking, and confirm the transfer with a TAN. Prior registration for EPS is not required.
(6) If you use Amazon Pay, you will be redirected to the Amazon website. You must have a registered Amazon account or register. After entering your Amazon login details, select your delivery address and the desired payment method. After confirming the payment, you will be redirected back to our store to complete the order. After completing the order, our system will request Amazon to initiate the payment.
(7) When paying via PayPal, you will be redirected directly to the PayPal website. Payment is only possible if you have a registered PayPal account or are registering for the first time. After logging in, you confirm the payment, which will be processed by PayPal immediately after receipt of your order.
(8) You can also pay for your order with Google Pay or Apple Pay using your smartphone or a compatible device.
· Google Pay : You must be registered with Google Pay. After selecting your payment method, enter your login details and confirm the payment using a payment method stored with Google Pay (e.g., credit card or debit card). The transaction will be processed immediately after your order. Your payment details will not be transmitted to us.
· Apple Pay : You need a registered Apple account with Apple Pay enabled. After selecting your payment method, authenticate yourself with your Apple credentials and confirm the payment using a payment method stored with Apple Pay. The charge will be made immediately after completing your order.
(9) If a payment fails or is reversed, we reserve the right to cancel the order.
5. Gift vouchers
(1) Vouchers can only be redeemed in our online shop at www.owin.care .
(2) The vouchers are valid for three years from the date of purchase and must be redeemed by the end of the third year after purchase.
(3) Redemption is only possible before the order process is completed. Subsequent settlement is excluded. Only one voucher can be used per order.
(4) Vouchers can only be used to purchase goods, but not for the purchase of additional vouchers. Cash payment or interest on the voucher balance is excluded.
(5) Vouchers are transferable. We are entitled to make payments to the respective holder with discharging effect, unless we have knowledge or should have recognized through gross negligence that the holder is not entitled to redeem the voucher.
6. Subscription to our products
(1) We offer you the option of purchasing certain products via subscription. Within the scope of this subscription, the products you select will be automatically shipped to the delivery address you provide at the delivery frequency and in the quantity you select, without you having to place another order.
Each delivery within the scope of the subscription represents a separate order and constitutes a separate purchase contract. This contract is concluded as soon as the payment for the respective order has been successfully debited. You will receive an order confirmation for each order as well as a shipping confirmation once the order has been shipped.
(2) Your subscription is linked to your existing customer account. You can adjust the delivery frequency, order quantity, or delivery address, or cancel your subscription, at any time in your customer account. Changes or cancellations must be made at least 24 hours before the next billing date to be effective. The subscription is valid for an indefinite period and will only be terminated upon cancellation.
(3) If problems arise with the stored delivery address or payment processing that cannot be resolved quickly, we will temporarily suspend your subscription. In such a case, we will notify you via the email address stored in your customer account. Further orders within the subscription will not be processed and delivered until the cause of the problem has been resolved. We reserve the right to cancel your subscription at any time. In the event of cancellation, you will be notified promptly by email.
(4) Your statutory rights, in particular with regard to revocation, warranty and termination, remain unaffected by these provisions.
7. Delivery and shipping
(1) Shipping is exclusively within Germany, Austria and Switzerland with DHL.
(2) The shipping costs are displayed during the ordering process.
(3) The delivery time is usually 2-5 working days within Germany and 5-10 working days to Switzerland.
(4) If a delivery is returned due to incorrect address information or non-acceptance, the customer shall bear the additional shipping costs.
8. Right of withdrawal
(1) Consumers have a statutory right of withdrawal. Detailed information on your right of withdrawal, including the conditions, deadlines, and return costs, can be found under the following link: Right of withdrawal .
(2) Unless expressly agreed otherwise with you, there is no right of withdrawal in the following cases: In the case of the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if the seal has been removed after delivery.
8. Retention of title
The goods remain the property of Clearblick UG (limited liability) until full payment has been made.
9. Warranty and Liability
(1) If you order from us as a consumer, the statutory provisions apply to the warranty, in particular the provisions of Sections 434 et seq. of the German Civil Code (BGB).
If a product arrives with obvious transport damage, we ask you to report this directly to the carrier if possible and to inform us immediately. Failure to do so will not affect your statutory rights, in particular your warranty claims. However, you will assist us in asserting our claims against the transport service provider or transport insurance company.
(2) We assume no liability for damage resulting from improper or non-intended use of the products. Please observe all instructions on the packaging and in the instructions for use. We assume no liability for any use or handling that deviates from these instructions.
(3) Our liability for damages is limited to intent and gross negligence, unless the damages result from injury to life, body or health.
(4) In cases of slight negligence, we are only liable for the breach of essential contractual obligations (cardinal obligations) and are limited to foreseeable, contract-typical damages. This limitation of liability does not apply to damages resulting from injury to life, body, or health, or to intentional or grossly negligent breaches of duty. We assume no liability for other damages caused by slight negligence due to a defect in the purchased item. The provisions of the Product Liability Act remain unaffected.
(5) Our liability remains independent of our fault if a defect was fraudulently concealed or if a guarantee was given for certain properties of the goods.
(6) If delivery becomes impossible due to chance during our delay, we shall be liable for this – unless the damage would have occurred even if delivery had been made on time.
(7) The above limitations of liability shall also apply to our legal representatives and vicarious agents if claims are asserted directly against them.
10. Consumer dispute resolution procedure
(1) If you have any questions, complaints or concerns, please contact us via hello@owin.care .
(2) We attach great importance to a fair and direct resolution of our customers' concerns. Should you ever be dissatisfied with one of our services, please contact our customer service directly. Together we will find a solution.
We strive to resolve any disagreements with our customers amicably. If you have a problem with any of our services, please contact us at hello@owin.care .
The European Commission provides a platform for online dispute resolution (ODR platform) , which you can access at the following link: https://ec.europa.eu/consumers/odr/ .
However, we do not participate in dispute resolution proceedings before a consumer arbitration board and are not obliged to do so.
11. Miscellaneous
(1) All contractual relationships between us and you shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
If you have your habitual residence in Germany or are located in a country outside the European Union, German law applies exclusively.
For consumers within the EU, German law applies unless mandatory
(2) If you are a consumer and have your place of residence or habitual abode in Germany, the court with jurisdiction for your place of residence shall have jurisdiction for all disputes arising from or in connection with this contract.
However, if, contrary to your information when placing your order, you do not have a residence in Germany, move your residence abroad after conclusion of the contract, or your residence is unknown at the time the action is filed, the place of jurisdiction for all disputes arising from or in connection with this contract shall be Berlin.
If you are acting as an entrepreneur, merchant, legal entity under public law or special fund under public law when concluding the contract, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is also Berlin.
12. Severability Clause
Should any provision of this agreement be or become invalid, void, or unenforceable in whole or in part, the validity of the remaining provisions shall remain unaffected. In such a case, the contracting parties undertake to replace the invalid or void clause with a legally permissible provision that comes as close as possible to the economic purpose of the original provision. The same applies in the event of a contractual gap.