Terms of service
General Terms and Conditions of CLOUVOU GmbH
Current version: As of: 15 January 2026
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Table of Contents
- General Terms and Conditions for Purchases for Private Use
- General Terms and Conditions for Purchases for Commercial/Business Use
I. General Terms and Conditions for Purchases for Private Use
1) Scope / General
These General Terms and Conditions of Order, Delivery and Service (T&C) apply exclusively to consumers within the meaning of the German Civil Code (BGB), i.e. natural or legal persons who purchase the goods or services for private use.
2) Conclusion of Contract / Contract Content / Withdrawal / Payment
The order constitutes an offer to us to conclude a purchase contract. The customer will receive an email from us confirming receipt of the order and containing its details (order confirmation). This order confirmation does not constitute acceptance of the customer's offer by us. The customer is bound by their order unless they withdraw it within 14 days. If the customer has not withdrawn and we have not rejected the order within two weeks of the order date, a purchase contract is concluded upon delivery of the ordered goods, which constitutes our acceptance.
The prices applicable at the time of the order apply, including statutory VAT.
The contract is concluded exclusively in German. We store the contract text and send our customers the order details and our T&C by email. The customer can also view the version of the T&C applicable at the time of the order at any time here: https://clouvou.com/pages/agbs-bis-14-01-2026
We offer various payment methods through various providers. If the customer selects a payment method from one of the following providers: Amex, Apple Pay, Bancontact, EPS, Google Pay, iDEAL, Klarna, Maestro, Mastercard, PayPal, Shop Pay, UnionPay or Visa, the customer will automatically be redirected to the respective provider's application during the ordering process. Further information on the respective payment method and on the processing of the customer's data can be found in our Privacy Policy and from the respective provider.
3) Warranty (“Lifetime Warranty”)
3.1
Our voluntary warranty for our ergonomic office furniture applies for the expected minimum product lifetime and therefore for the following products for the period stated below:
- For our ergonomic office chairs, stools and height-adjustable desks: 5 years from the date of purchase
- For our other office products, including cushions and casters: 5 years from the date of purchase
It applies to these products when purchased and used within the European Union. It covers defects in material and workmanship that appear during the intended use of this furniture.
3.2
In the event of a warranty claim, we will, at our discretion, provide one of the following services: repair of the product, replacement of the product with an equivalent product, or refund of the purchase price (in part or in full).
3.3
To claim the above warranty services, the customer must present the proof of purchase (invoice), describe the defect in text form (for example by email), provide photos or other evidence of the described defect, and make the product available for inspection if necessary and requested by us.
3.4
This warranty does not cover damage to the product caused by improper use, normal wear and tear of the product, damage attributable to external influences (for example moisture, heat, impacts), defects caused by unauthorized repairs or modifications, or consumables or parts that are subject to foreseeable wear when the product is used properly.
3.5
The statutory rights under statutory liability for defects exist independently of this warranty.
4) Redemption of Promotional Vouchers
4.1 Vouchers issued free of charge by the seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the customer (hereinafter “promotional vouchers”) can only be redeemed in the seller's online shop and only within the specified period.
4.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.
4.3 Promotional vouchers can only be redeemed before the ordering process is completed. Subsequent redemption is not possible.
4.4 Several promotional vouchers can be redeemed in a single order.
4.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded.
4.6 If the value of the promotional voucher is not sufficient to cover the order, any of the other payment methods offered by the seller can be selected to pay the difference.
4.7 The credit of a promotional voucher will neither be paid out in cash nor bear interest.
4.8 The promotional voucher will not be refunded if the customer returns goods paid for in full or in part with the promotional voucher within the scope of their statutory right of withdrawal.
4.9 The promotional voucher can only be used by the person named on it. Transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to verify the entitlement of the respective voucher holder.
5) Redemption of Gift Vouchers
5.1 Vouchers that can be purchased via the seller's online shop (hereinafter “gift vouchers”) can only be redeemed in the seller's online shop, unless otherwise stated on the voucher.
5.2 Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.
5.3 Gift vouchers can only be redeemed before the ordering process is completed. Subsequent redemption is not possible.
5.4 Several gift vouchers can be redeemed in a single order.
5.5 Gift vouchers can only be used to purchase goods and not to purchase further gift vouchers.
5.6 If the value of the gift voucher is not sufficient to cover the order, any of the other payment methods offered by the seller can be selected to pay the difference.
5.7 The credit of a gift voucher will neither be paid out in cash nor bear interest.
5.8 The gift voucher can only be used by the person named on it. Transfer of the gift voucher to third parties is excluded. The seller is entitled, but not obliged, to verify the entitlement of the respective voucher holder.
6) Code of Conduct
We have submitted to the Trusted Shops quality criteria, which can be viewed online at https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
7) Exclusion/Limitation of Liability
7.1 Subject to the following exceptions, we are not liable, in particular not for claims by the customer for damages or reimbursement of expenses – regardless of the legal grounds – in the event of breaches of obligations arising from the contractual relationship.
7.2 The above exclusion of liability under Section 7.1 does not apply insofar as liability is mandatory by law, nor:
- for our own intentional or grossly negligent breach of duty and intentional or grossly negligent breach of duty by legal representatives or vicarious agents;
- for the breach of essential contractual obligations; “essential contractual obligations” are those obligations that protect the customer's legal positions essential to the contract, which the contract must grant the customer according to its content and purpose; essential obligations are also those whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the customer regularly relies and may rely;
- in the event of injury to life, body or health, including by legal representatives or vicarious agents;
- in the event of default, insofar as a fixed delivery and/or fixed performance date was agreed;
- insofar as we have assumed a guarantee for the quality of our goods (see Section 3 above) or for the achievement of a specific result, or a procurement risk within the meaning of Section 276 BGB;
- in the case of liability under the German Product Liability Act or other mandatory statutory liability provisions.
7.3 If we or our vicarious agents are only guilty of slight negligence and none of the cases set out in Section 7.2, bullet points 4, 5 and 6, applies, we are liable, even in the event of a breach of essential contractual obligations, only for the damage typical for the contract and foreseeable.
7.4 Compensation for damage caused by default is limited to 0.5% of the delivery value per week and a maximum of 5% of the delivery value of the delayed delivery.
7.5 The exclusions and limitations of liability under Sections 7.1 to 7.3 above and Section 7.6 below apply to the same extent in favor of our corporate bodies, our executive and non-executive employees and other vicarious agents, and our subcontractors.
8) Alternative Dispute Resolution
8.1 The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
8.2 The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
II. General Terms and Conditions for Purchases for Commercial/Business Use
1) Scope / General
1.1 These General Terms and Conditions of Order, Delivery and Service (T&C) apply exclusively to services provided to entrepreneurs within the meaning of the German Civil Code (BGB), i.e. natural or legal persons who purchase the goods or services for commercial or business use.
1.2 Deviating terms and conditions of the buyer and/or purchaser – hereinafter referred to as the “customer(s)” – apply only if and insofar as we expressly acknowledge them in writing. In particular, our silence regarding such deviating terms does not constitute acknowledgment or consent, including for future contracts. Our T&C apply instead of any purchasing conditions of the customer, even if those conditions provide that acceptance of the order constitutes unconditional acknowledgment of the purchasing conditions, or if we deliver after the customer has referred to the validity of its general purchasing conditions, unless we have expressly waived the validity of our T&C. By accepting our order confirmation, the customer expressly acknowledges that it waives any legal objection derived from its purchasing conditions.
2) Conclusion of Contract / Contract Content / Right of Rescission
2.1 The offers in our shop are non-binding unless they are expressly marked as binding, contain expressly binding commitments, or their binding nature has otherwise been expressly agreed. They constitute invitations to place orders.
2.2 The customer is bound by its order as a contractual offer for 14 calendar days – or 5 working days in the case of electronic orders (in each case at our registered office) – after receipt of the order by us, unless the customer must regularly expect a later acceptance by us (Section 147 BGB). This also applies to repeat orders by the customer.
2.3 A contract – including in ongoing business relationships – is only concluded when we confirm the customer's order in writing or in text form (i.e. also by fax or email) by accepting the order.
2.4 A guarantee is only deemed to have been assumed by us if we expressly promise the customer in text form that a characteristic and/or a performance result of the purchased item is guaranteed beyond statutory liability for defects; Section 443 (1) BGB is hereby excluded accordingly.
2.5 Statements by employees, in particular field sales staff, only become legally binding when they are declared or confirmed as legally binding by the management in writing or in text form (i.e. also by fax or email).
2.6 We store the contract text and send our customers the order details and our T&C by email. The customer can also view the version of the T&C applicable at the time of the order at any time here: https://clouvou.com/pages/agbs-bis-14-01-2026
3) Place of Performance / Transport Costs / Delivery Terms
3.1 The place of performance and fulfilment for all contractual obligations is the registered office of our company.
3.2 The customer bears the shipping or transport costs and the costs of any agreed transport insurance.
3.3 Binding delivery dates and periods must be expressly agreed in text form. In the case of non-binding or approximate (approx., about, etc.) delivery dates and periods, we will make every effort to meet them.
3.4 Delivery and/or performance periods begin upon receipt of our order acceptance by the customer, but not before all details of the execution of the order have been clarified and all other requirements to be fulfilled by the customer have been met, in particular agreed down payments or securities and necessary cooperation have been provided in full.
3.5 Partial deliveries are permitted. Each partial delivery is deemed to be a separate transaction.
4) Damages in the Event of Default
If we are in default of delivery, the customer must first set us a reasonable grace period for performance of at least 14 days, unless this is unreasonable. If this period expires without result, claims for damages due to breach of duty – regardless of the grounds – exist only in accordance with the provisions of Section 7.
5) Prices / Terms of Payment / Right of Retention and Set-Off
5.1 All prices are ex works or ex warehouse and generally in EURO net, excluding sea or air transport packaging, freight, postage and, if transport insurance has been agreed, insurance costs, plus VAT to be borne by the customer (where legally applicable) at the respective statutory rate.
5.2
During the ordering process, we offer the following payment methods, with further information for each payment method:
5.2.1
If the customer selects payment in advance, we will send the customer our bank details by email, fax or post. The purchase price must be received in our account within 7 days of receipt of this information. We will then ship the ordered goods.
5.2.2
If the customer selects a payment method from one of the following providers: Amex, Apple Pay, Bancontact, EPS, Google Pay, iDEAL, Klarna, Maestro, Mastercard, PayPal, Shop Pay, UnionPay or Visa, the customer will automatically be redirected to the respective provider's application during the ordering process. Further information on the respective payment method and on the processing of the customer's data can be found in our Privacy Policy and from the respective provider.
5.2.3
For validated customers, we offer payment by invoice depending on creditworthiness. Only payments from accounts within the European Union (EU) are accepted. When purchasing on account, the purchase price is due after the goods have been delivered and invoiced. We will send a pre-filled bank transfer form with the goods. The invoiced amount must be transferred without deduction within 14 days of the invoice date.
5.3
We reserve the right, for justified reasons in individual cases and to secure the credit risk, to offer deliveries to the respective customer only against advance payment, cash on delivery, PayPal or Giropay.
6) Retention of Title, Seizures
6.1
We retain title to all goods delivered by us until all our claims arising from the business relationship with the customer, including future claims arising from contracts concluded later, have been settled (hereinafter collectively referred to as “reserved goods”).
This also applies to a balance in our favor if individual or all of our claims are included in a current account and the balance has been drawn.
6.2
The customer must adequately insure the reserved goods, in particular against fire and theft. Claims against the insurer arising from damage to the reserved goods are hereby assigned to us in the amount of the value of the reserved goods.
6.3
The customer is entitled to resell the delivered products in the ordinary course of business. Other dispositions, in particular pledging or granting security ownership, are not permitted. If the reserved goods are not paid for immediately by the third-party purchaser upon resale, the customer is obliged to resell them only subject to retention of title. The right to resell the reserved goods lapses automatically if the customer stops making payments or is in default of payment to us.
6.4
The customer hereby assigns to us all claims, including securities and ancillary rights, that accrue to it against the end customer or third parties from or in connection with the resale of reserved goods. We accept this assignment.
6.5
The customer may not enter into any agreement with its purchasers that excludes or impairs our rights in any way or nullifies the advance assignment of the claim. If reserved goods are sold together with other items, the claim against the third-party purchaser is deemed assigned in the amount of the delivery price agreed between us and the customer, unless the amounts attributable to the individual goods can be determined from the invoice.
6.6
The customer remains entitled to collect the claims assigned to us until we revoke this authorization, which we may do at any time. However, we undertake to revoke the collection authorization only if we have a legitimate interest. Such a legitimate interest exists, for example, if the customer does not properly meet its payment obligations or is in default of payment. At our request, the customer is obliged to provide us in full with the information and documents required to collect the assigned claims and, unless we do so ourselves, to inform its purchasers of the assignment to us without delay.
6.7
If the customer includes claims from the resale of reserved goods in a current account relationship with its purchasers, it hereby assigns to us any acknowledged final balance in its favor in the amount corresponding to the total amount of the claims from the resale of our reserved goods included in the current account relationship. We accept this assignment.
6.8
If the customer has already assigned claims from the resale of products delivered or to be delivered by us to third parties, in particular on the basis of genuine or non-genuine factoring, or has entered into other agreements on the basis of which our current or future security rights under this Section 6 may be impaired, it must notify us of this without delay. In the case of non-genuine factoring, we are entitled to withdraw from the contract and demand the return of products already delivered. The same applies in the case of genuine factoring if, under the contract with the factor, the customer cannot freely dispose of the purchase price of the claim.
6.9
In the event of breach of contract by the customer for which the customer is responsible, in particular default of payment, we are entitled to take back all reserved goods after withdrawing from the contract. In this case, the customer is obliged to surrender them without further ado and bears the transport costs required for the return.
Our taking back of the reserved goods constitutes a withdrawal from the contract. Upon withdrawal, we are entitled to realize the reserved goods.
The proceeds of realization, less reasonable realization costs, will be offset against the claims owed to us by the customer from the business relationship. To determine the stock of reserved goods delivered by us, we may enter the customer's business premises at any time during normal business hours. The customer must inform us in writing without delay of any access by third parties to reserved goods or to claims assigned to us.
6.10
If the value of the securities existing for us under the above provisions exceeds the secured claims by more than 10% in total, we are obliged, at the customer's request, to release securities of our choice to that extent.
6.11
In the event of seizures or other interventions by third parties, the customer must notify us in writing without delay so that we can file an action pursuant to Section 771 of the German Code of Civil Procedure (ZPO). Insofar as the third party is unable to reimburse us for the judicial and extrajudicial costs of an action pursuant to Section 771 ZPO, the customer is liable for the loss incurred by us.
7) Exclusion/Limitation of Liability
7.1 Subject to the following exceptions, we are not liable, in particular not for claims by the customer for damages or reimbursement of expenses – regardless of the legal grounds – in the event of breaches of obligations arising from the contractual relationship.
7.2 The above exclusion of liability under Section 7.1 does not apply insofar as liability is mandatory by law, nor:
- for our own intentional or grossly negligent breach of duty and intentional or grossly negligent breach of duty by legal representatives or vicarious agents;
- for the breach of essential contractual obligations; “essential contractual obligations” are those obligations that protect the customer's legal positions essential to the contract, which the contract must grant the customer according to its content and purpose; essential obligations are also those whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the customer regularly relies and may rely;
- in the event of injury to life, body or health, including by legal representatives or vicarious agents;
- in the event of default, insofar as a fixed delivery and/or fixed performance date was agreed;
- in the case of liability under the German Product Liability Act or other mandatory statutory liability provisions.
7.3 If we or our vicarious agents are only guilty of slight negligence and none of the cases set out in Section 7.2, bullet points 4, 5 and 6, applies, we are liable, even in the event of a breach of essential contractual obligations, only for the damage typical for the contract and foreseeable.
7.4 Compensation for damage caused by default is limited to 0.5% of the delivery value per week and a maximum of 5% of the delivery value of the delayed delivery.
7.5 The exclusions and limitations of liability under Sections 7.1 to 7.3 above and Section 7.6 below apply to the same extent in favor of our corporate bodies, our executive and non-executive employees and other vicarious agents, and our subcontractors.
8) Place of Jurisdiction / Applicable Law
8.1 The exclusive place of jurisdiction for all disputes is the registered office of our company. However, we are also entitled to sue the customer at its general place of jurisdiction.
8.2 All legal relationships between the customer and us are governed exclusively by the law of the Federal Republic of Germany, excluding the conflict-of-laws rules and, in particular, the UN Convention on Contracts for the International Sale of Goods (CISG).
9) Written Form / Severability Clause
9.1 All agreements, ancillary agreements, assurances and amendments to the contract must be made in writing. This also applies to any waiver of this written form requirement itself. The priority of individual agreements made in writing, in text form or orally (Section 305b BGB) remains unaffected.
9.2 Should any provision of this contract be or become wholly or partially invalid, void or unenforceable, the validity of the remaining provisions of this contract shall not be affected, unless performance of the contract – also taking into account the following provisions – would constitute an unreasonable hardship for one of the parties. The same applies if, after conclusion of the contract, a gap arises that needs to be filled. Contrary to any principle according to which a severability clause is generally only intended to reverse the burden of proof, the validity of the remaining contractual provisions shall be maintained under all circumstances, and Section 139 BGB shall thus be excluded in its entirety.
9.3 The parties will replace any invalid, void or unenforceable provision, or any gap requiring completion, with a valid provision that corresponds in its legal and economic content to the invalid, void or unenforceable provision and to the overall purpose of the contract. Section 139 BGB (partial invalidity) is expressly excluded.
Last updated: 15 January 2026