GENERAL TERMS AND CONDITIONS (GTC)

§ 1 Scope and Contracting Party

(1) These General Terms and Conditions (hereinafter "GTC") apply to all orders placed by consumers (as defined in § 13 of the German Civil Code, Bürgerliches Gesetzbuch – BGB) via the website www.climoti.de and its subpages.

(2) The contracting party is: CCM CLIMOTI represented by Christopher C. Mickelthwate Robert-Bosch-Straße 11A 63128 Dietzenbach Germany E-Mail: hello@climoti.de

§ 2 Formation of Contract

The presentation of products on the website does not constitute a legally binding offer, but an invitation to place an order (invitatio ad offerendum).

By clicking the "Buy" button, you submit a binding order for the items contained in your shopping cart. The purchase contract is concluded when we send you an order confirmation by e-mail.

You may correct any entries at any time before submitting your order.

§ 3 Customer Information and Account Registration

Orders require the provision of truthful and complete data.

The customer is obliged to keep login credentials confidential and not to disclose them to third parties.

CLIMOTI reserves the right to suspend customer accounts in cases of misuse or violations of these GTC.

§ 4 Prices and Payment Terms

All prices are stated in euros and include statutory value added tax (VAT). Shipping and payment fees are listed separately.

The prices displayed on the website at the time of ordering shall apply.

Payment is made via the payment methods available on the website. CLIMOTI reserves the right to restrict the available payment methods in individual cases.

§ 5 Special Offers

Special offers or discount promotions are time-limited and apply only for the stated period and to the specifically designated products.

Once a promotion has ended, no claim exists for retroactive price reductions.

§ 6 Gift Vouchers

Vouchers are valid for two years from the date of issue.

Cash redemption or extension of expired vouchers is excluded.

Lost or stolen vouchers will not be replaced.

§ 7 Delivery and Shipping

Delivery times are as stated on the website.

Customers will be notified promptly in the event of delivery delays.

Parcels that are not collected or that cannot be delivered due to reasons within the customer's responsibility will be returned to us. We will charge the actual return shipping costs incurred, plus a handling fee of EUR 15.00. The customer retains the right to demonstrate that no loss was incurred or that any loss was significantly lower than the amount charged.

§ 8 Right of Withdrawal

Consumers have a right of withdrawal of 14 days.

The right of withdrawal does not apply to goods manufactured to customer specifications or clearly tailored to personal needs (pursuant to § 312g para. 2 no. 1 BGB). This applies in particular to all personalised print products from CLIMOTI.

Exchange is only possible in the event of a manufacturing defect.

For non-personalised products, the statutory right of withdrawal applies.

§ 9 Products

Some CLIMOTI products visualise historical weather and climate data obtained from various external service providers. The representations are made to the best of our knowledge. We expressly point out that our products represent an artistic and aesthetic interpretation and make no claim to scientific accuracy.

All underlying weather data is sourced from external providers. We are therefore dependent on the reliability of these sources. It is possible that we use different data sources. This may result in variations and discrepancies between representations, as providers continuously improve their data or in turn access other sources. We have no influence over such changes. Discrepancies between different print orders are therefore possible and do not constitute a defect.

When calculating climate visualisations, we use a chronological average for a specific date rather than a fixed time of day. This means that representations may exhibit time-related variations. For example, morning snowfall may be superseded in the representation by a later period of sunshine. Such temporal weather variations result from the methodological basis of data processing, are unavoidable on our part, and do not constitute a defect.

Frames and accessories are not included in the scope of delivery unless expressly stated and/or agreed otherwise.

The weather visualisations displayed on our website are generated through a technical process known as rendering (image synthesis). In this process, digital raw data (e.g. historical weather data, templates, light sources) are converted into a visual representation. Due to the technical implementation, deviations may occur during transfer to the print process, particularly regarding colour, positioning of graphic elements, or scaling, when comparing specific CLIMOTI products to on-screen representations (WYSIWYG). Such deviations are unavoidable and do not constitute a defect.

§ 10 Statutory Warranty and Complaints

Statutory warranty rights apply.

For personalised products, minor deviations in colour, format, or graphic representation that are technically unavoidable may occur. Such deviations do not constitute a defect within the meaning of applicable law.

For used goods, the limitation period for defect claims is one year from delivery of the goods. Excluded from this are claims for damages arising from injury to life, body, or health, as well as claims arising from intentional or grossly negligent conduct.

§ 11 Copyright and Attribution

All content and designs are protected by copyright.

Our products are made possible in part by the work of external communities, in particular OpenMeteo and OpenStreetMap (ODbL licence).

The trademarks "CLIMOTI", "Geburtstagswetter", and "Klima-Motiv" are registered trademarks. Any use of these trademarks without our express written permission is prohibited and will be prosecuted.

§ 12 Liability

We are fully liable for intentional acts and gross negligence, as well as for damages arising from injury to life, body, or health.

In cases of ordinary negligence, we are liable only for damages arising from the breach of fundamental contractual obligations. In such cases, liability is limited to the foreseeable damage typical of the contract.

The weather and climate data displayed are sourced from external providers (e.g. the German Meteorological Service, Deutscher Wetterdienst). As different sources may provide differing values, we do not warrant the complete accuracy or precision of such data. The visualisation serves purely decorative purposes and does not form part of the contract.

Events of force majeure — that is, unforeseeable, unavoidable, and exceptional circumstances (e.g. natural disasters, pandemics, official orders, strikes) — release both parties from their contractual performance obligations for the duration of their effect. Once the disruption has ceased, the obligations resume. If the disruption persists for more than four weeks, both parties are entitled to withdraw from the contract.

§ 13 Amendments to the GTC

We reserve the right to amend these GTC at any time. The current version available on our website shall apply in all cases.

§ 14 Severability Clause

Should any individual provisions of these GTC be invalid, the validity of the remaining provisions shall remain unaffected.

§ 15 Online Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR), available at: https://ec.europa.eu/consumers/odr

CLIMOTI is not obliged to participate, and does not elect to participate, in dispute resolution proceedings before a consumer arbitration board.

§ 16 Applicable Law

German law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).