General Terms and Conditions
General Terms and Conditions
For End Consumers in the Clearaudio and Clearaudio Online Shop
General Terms and Conditions (hereinafter referred to as "GTC") of Clearaudio electronic GmbH and Clearaudio Analogshop (hereinafter referred to as "Clearaudio"). Version: February 2025
§1 General Provisions
1.1 Scope of Application
These General Terms and Conditions (hereinafter referred to as "GTC") exclusively govern the legal relationship between Clearaudio electronic GmbH (hereinafter referred to as "Clearaudio") and the end consumer (hereinafter referred to as "Customer") in connection with deliveries and other services provided by the seller. Any deviating or supplementary terms and conditions of the Customer shall not apply, unless Clearaudio has expressly agreed to them in writing.
1.2 Non-Binding Nature of Advertising Materials
Information in advertising brochures, catalogs, or images serves exclusively for product presentation and is non-binding. Technical specifications and other details are only binding if they are explicitly designated as guaranteed properties in the order confirmation. Such guarantees shall apply only until the expiration of the statutory warranty period.
1.3 Conclusion of Contract
A contract between Clearaudio and the Customer is concluded upon Clearaudio's acceptance of an order.
- Acceptance occurs through a written order confirmation, which may be sent via mail, fax, or electronically.
- A signature is not required for the order confirmation to be valid.
- The scope of services owed by Clearaudio is defined exclusively in the order confirmation and its annexes.
1.4 Transfer of Rights and Obligations
Clearaudio is entitled to transfer rights and obligations under the contract to third parties, provided that this does not impair any legitimate interests of the Customer.
1.5 Retention of Title
The delivered products remain the exclusive property of Clearaudio until full payment of the purchase price has been made.
§ 2 Scope of Application
2.1 Are of Application
These General Terms and Conditions (GTC) apply to all orders placed by Customers via the following communication channels:
- Electronically (e.g., via the website or email),
- By telephone,
- By fax,
- By letter, or
- In person.
By placing an order, the Customer accepts these GTC in their current version.
2.2 Definition of End Consumer
An end consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or self-employed professional activity (§ 13 of the German Civil Code (BGB)).
Clearaudio does not offer products for purchase by minors.
2.3 Exclusion of Other Terms and Conditions
Deviating, conflicting, or supplementary terms and conditions of the Customer shall not become part of the contract, unless their validity has been expressly agreed upon in writing. Any pre-formulated references to the Customer's own terms and conditions are hereby expressly rejected.
§ 3 Conclusion of Contract
3.1 Online Orders via Analogshop.de
The presentation of products on www.clearaudio.de and www.analogshop.de does not constitute a legally binding offer but rather a non-binding online catalog.
By clicking the button "Order now with obligation to pay," the customer submits a binding order for the items contained in the shopping cart. Upon submission, the customer will immediately receive an automatic email confirmation acknowledging receipt of the order. This confirmation does not constitute acceptance of the contract.
The purchase contract is only concluded when:
- Clearaudio accepts the order by sending a separate order confirmation,
- the ordered goods are shipped to the customer and received by them, or
- Clearaudio requests payment from the customer after the order has been placed.
If the customer has created a user account in the Clearaudio Analogshop before placing their order, the order details will be archived there. The customer can access these details free of charge by logging into their password-protected user account.
3.2 Additional Ordering Methods
The customer can also place an order using the following methods:
- By telephone,
- By email,
- By postal mail,
- In person, or
- Via an online contact form.
3.3 Storage of the Contract Text
After the conclusion of the contract, Clearaudio will store the contract text and send it to the customer in text form (e.g., via email). No further storage of the contract text by Clearaudio will take place.
§ 4 Right of Withdrawal / Consequences of Withdrawal
4.1 Right of Withdrawal
Consumers have the right to withdraw from this contract within 14 days without providing any reason.
The withdrawal period is 14 days from the day on which you or a third party designated by you, who is not the carrier, has taken possession of the goods. In the case of recurring deliveries of similar goods, the withdrawal period begins upon receipt of the first partial shipment.
To exercise your right of withdrawal, you must inform us:
Clearaudio electronic GmbH
Spardorfer Str. 150
91054 Erlangen
Germany
Phone: +49 9131 40300100
Fax: +49 9131 40300119
Email: info@clearaudio.de
by means of a clear declaration (e.g., by letter, fax, or email) of your decision to withdraw from this contract.
You may use the attached model withdrawal form, but its use is not mandatory. To comply with the withdrawal period, it is sufficient to send the withdrawal notice before the withdrawal period expires.
4.2 Consequences of Withdrawal
If you withdraw from this contract, we will refund all payments received from you, including delivery costs (except for any additional costs arising from your choice of a delivery method other than the least expensive standard delivery we offer), without undue delay and no later than 14 days from the date on which we receive your withdrawal notice.
For the refund, we will use the same payment method that you used in the original transaction unless expressly agreed otherwise. No fees will be charged for this refund.
We may withhold the refund until we have received the returned goods or until you have provided proof that you have returned the goods, whichever occurs first.
You must return or hand over the goods to us without undue delay and no later than 14 days from the date on which you notified us of the withdrawal. The deadline is met if you send the goods before the 14-day period expires.
Return address:
Clearaudio electronic GmbH
Spardorfer Str. 150
91054 Erlangen
Germany
Return shipping costs:
You bear the direct costs of returning the goods.
4.3 Obligation to Compensate for Value and Exclusion of the Right of Withdrawal
You are only liable for any diminished value of the goods if this results from handling beyond what is necessary to establish the nature, characteristics, and functioning of the goods. Such an examination is equivalent to what would be possible in a physical retail store.
The right of withdrawal does not apply to the following goods:
- Goods custom-made according to customer specifications or clearly tailored to individual needs,
- Sealed audio or video recordings (e.g., CDs, vinyl records, DVDs) or software, if their seal has been removed after delivery,
- Accessories that have been specifically modified or customized for a customer.
We recommend returning the goods in their original packaging whenever possible, even if the packaging has been damaged due to opening for functional testing.
§ 5 Prices, Cotract Adjustments and Payment Terms
5.1 Retention of Title
The delivered goods remain the property of Clearaudio until full payment has been received.
5.2 Prices and Additional Costs
Unless otherwise stated in the respective product description, the listed prices are final prices that include the applicable statutory value-added tax.
The price valid at the time of the order applies. Additional shipping costs depend on the selected shipping method, order value, and destination country. A detailed list of shipping costs can be found [here].
Any costs not expressly included in the price, particularly customs duties, export, transit, and import fees, as well as other official approvals or certifications, shall be borne by the customer.
Changes, printing errors, and mistakes are reserved.
5.3 Return Costs in Case of Withdrawal
In the event of a return of goods under the statutory right of withdrawal, the customer shall bear the direct costs of returning the goods.
If the right of withdrawal is exercised properly, we will refund the original shipping costs to the customer. This excludes any additional costs incurred due to the customer's choice of a more expensive shipping method than the standard delivery option offered by us.
5.4 Payment Options
The available payment options are displayed to the customer in the Analogshop [here].
For deliveries within Germany and Austria, the following payment methods are available:
- Prepayment,
- PayPal,
- Credit card (via PayPal service),
- Direct debit (via PayPal service).
For deliveries to other European countries, the following payment methods are available:
- Prepayment,
- PayPal,
- Credit card (via PayPal service).
5.5 Contract and Price Adjustments
Clearaudio is entitled to adjust prices and contract conditions in response to changing circumstances, particularly if:
- the customer requests subsequent changes or additions to the order,
- the documents or information provided by the customer are incomplete or incorrect,
- the factors determining pricing, such as exchange rates, material costs, or production costs, change significantly between the time of the offer and the agreed delivery date.
5.6 Payment Default
If the customer falls into payment default, Clearaudio is entitled to charge default interest at a rate of 6 percentage points above the base interest rate of the German Bundesbank per annum.
If Clearaudio can prove a higher default-related loss, Clearaudio is entitled to claim additional compensation. The customer may only assert offsetting, lien, and retention rights for undisputed or legally established counterclaims.
5.7 Insolvency and Payment Suspension
If the customer suspends payments or if insolvency proceedings are initiated against them, all outstanding claims, including claims for damages, become immediately due.
In such a case, the customer irrevocably waives the right to assert any statute of limitations, and Clearaudio accepts this waiver. Furthermore, Clearaudio is entitled to terminate the business relationship without notice and to claim damages.
5.8 Right to Offset and Retention
The customer may only offset claims with undisputed or legally established counterclaims.
§ 6 Delivery, Delay, and Transport
6.1 Delivery Address
Delivery is made to the shipping address provided by the customer at the time of ordering.
6.2 Commencement of Delivery Period
An agreed delivery period will only commence when:
- a technically and commercially complete order has been received in written form,
- all essential technical aspects have been clarified,
- any necessary supplied parts have been provided in a flawless and timely manner, and
- all official formalities, including import, export, transit, and payment approvals, have been obtained.
Clearaudio is entitled to make partial deliveries.
6.3 Delivery Delays
If a delay is not solely attributable to Clearaudio, the delivery deadlines shall be reasonably extended by at least the duration of the delay.
This particularly applies if:
- required information, approvals, or authorizations are not provided in a timely manner,
- the customer or third parties engaged by the customer are in arrears with necessary preparatory work or payments, or
- Clearaudio itself is not supplied on time or properly.
6.4 No Right to Cancellation or Compensation
Exceeding a delivery deadline does not entitle the customer to cancel the order. Clearaudio is not liable for damages due to a delivery delay unless caused by gross negligence or intentional misconduct.
6.5 Shipping Costs and Shipping Methods
Unless otherwise agreed, shipping costs are borne by the customer. The shipping costs applicable at the time of order are those listed on the website [here].
- Orders over €50 within Germany and Austria: Clearaudio covers the shipping costs.
- Orders over €500 outside Germany and Austria: Clearaudio covers the shipping costs.
6.6 Shipping Providers and Customs Duties
The goods are shipped via TNT within Germany and via TNT, UPS, or FedEx within and outside the European Union.
Costs not expressly included in the price, such as customs duties, import, export, or transit approvals, shall be borne by the customer.
6.7 Bulky and Large Shipments
Shipments exceeding 40 kg or with a volume of more than 1 m³ are delivered by freight forwarding.
The freight company only delivers to the curbside – transport inside the building is not included.
6.8 Transport Insurance and Transport Damage
- All shipments are insured up to €500.
- A higher insurance amount can be arranged upon written request and at an additional cost.
If goods are delivered with visible transport damage, the customer is requested to:
- report the damage directly to the delivery carrier, and
- inform Clearaudio immediately.
Note: Failure to comply with this request does not affect the customer's statutory or contractual warranty rights but helps Clearaudio assert claims against the freight carrier or transport insurer.
6.9 Failed Delivery
If delivery is not possible because:
- the goods do not fit through doors, staircases, or entrances, or
- the customer is not present at the specified delivery address despite being informed of the delivery time,
the customer bears the costs of the unsuccessful delivery.
6.10 Packaging
The goods are generally shipped in Clearaudio's original packaging.
6.11 Force Majeure
If delivery or any other service becomes permanently impossible due to force majeure (e.g., natural disasters, war, civil war, terrorist attacks), Clearaudio's obligation to perform shall cease.
Any payments already made by the customer will be refunded.
6.12 Unreasonable Effort
Clearaudio may refuse to fulfill the contract if the effort required is grossly disproportionate to the customer's interest in performance.
In such a case, any payments already made will be refunded.
§ 7 Retention of Title
7.1 Retention of Title and Repossession of Goods
The delivered goods (retained goods) remain the property of Clearaudio until full payment of all existing and future claims, including balance claims from current account relationships.
If the customer acts in breach of contract, particularly by falling into payment default, Clearaudio is entitled to reclaim the retained goods after granting the customer a reasonable period for payment.
- The customer bears the transport costs for the repossession.
- The repossession of the goods constitutes a withdrawal from the contract.
- Seizure of the retained goods by Clearaudio shall also be deemed a withdrawal from the contract.
After repossession, Clearaudio is entitled to dispose of the retained goods. The proceeds from the sale will be offset against the outstanding claims of the customer, deducting reasonable disposal costs.
7.2 Duty of Care of the Customer
The customer is obligated to handle the retained goods with due care.
7.3 Use and Resale
- The customer may use and test the retained goods.
- Resale is only permitted if the goods have been fully paid for.
- The pledging or transfer of the retained goods as security is not permitted.
7.4 Processing, Combination, and Mixing
If the customer processes or transforms the retained goods, this shall always be done on behalf of and for Clearaudio.
- If the retained goods are processed with other items not owned by Clearaudio, Clearaudio acquires co-ownership of the new item in proportion to the value of the retained goods (final invoice amount including VAT) to the other processed items at the time of processing.
- If the retained goods are combined or mixed with another item and the customer's item is considered the primary item, the customer hereby transfers proportional co-ownership of this item to Clearaudio. Clearaudio accepts this transfer.
- The sole ownership or co-ownership thus created shall be held in custody for Clearaudio by the customer.
7.5 Protection of Ownership and Customer's Duty to Cooperate
- If third parties seize or otherwise access the retained goods, the customer must point out Clearaudio's ownership and notify Clearaudio immediately in writing.
- If the third party fails to reimburse the legal or extrajudicial costs incurred in this context, the customer shall be liable for these costs to Clearaudio.
7.6 Release of Securities
If requested by the customer, Clearaudio is obliged to release securities to the extent that their realizable value exceeds Clearaudio's outstanding claims by more than 10%.
Clearaudio reserves the right to select the securities to be released at its own discretion.
§ 8 Liability for Defects
8.1 Statutory Liability for Defects
If the purchased goods are defective, the statutory liability for defects pursuant to Sections 434 et seq. of the German Civil Code (BGB) shall apply.
The limitation period for defect claims is two years from the date of delivery of the goods.
8.2 Liability for Used Goods
For used goods, the limitation period for defect claims is one year from the date of delivery. This reduction does not apply in the following cases:
- for goods that, according to their intended use, have been incorporated into a building and have caused its defectiveness,
- for claims for damages and reimbursement of expenses by the customer,
- if the seller has fraudulently concealed a defect.
8.3 Transport Damage
Please inspect the goods upon delivery for any transport damage. If visible damage is present, we kindly ask you to report it to the delivery carrier and inform us.
Your statutory rights regarding liability for defects remain unaffected by this request.
8.4 Assertion of Defect Liability Claims
If you purchased your device/product directly from Clearaudio, we provide the statutory liability for defects.
In case of a service issue, please contact us at [info@clearaudio.de or +49 9131 40300100].
If you purchased the product from an authorized Clearaudio dealer, please contact the dealer directly, as they are responsible for fulfilling your statutory defect liability rights.
§ 9 Manufacturer's Warranty
Clearaudio offers a voluntary manufacturer's warranty of up to 10 years, depending on the product (see details in the user manual or on our website). The warranty period begins on the invoice date. The warranty is valid worldwide.
The warranty is tied to the product and is transferable, provided that a copy of the original invoice is presented.
If material or manufacturing defects occur within the warranty period, Clearaudio will, at its discretion, provide one of the following services:
- Free repair of the product, or
- Free replacement of the product with an equivalent item.
-
In the event of a warranty claim, please contact:
Clearaudio electronic GmbH
Spardorfer Str. 150
91054 Erlangen
Germany
Phone: +49 9131 40300100
Email: info@clearaudio.de
Alternatively, you may contact the dealer from whom you purchased the product.
The following are excluded from the warranty:
- Normal wear and tear, unless caused by material or manufacturing defects
- Improper or abusive handling
- Non-compliance with safety precautions
- Damage caused by external forces (e.g., impacts or shocks)
- Repairs carried out by unauthorized third parties
- Damage due to external factors (e.g., moisture, extreme temperatures)
9.2 Extended Warranty / Registration
For certain products, customers may receive an extended warranty by registering their product at https://clearaudio.de/de/service/registration.php. with the serial number and purchase details or by sending the completed warranty card by post to Clearaudio.
Registration should be completed within two weeks of the purchase date. After successful registration, you will receive a confirmation email.
The personal data you provide will be used exclusively for processing your warranty claims. The legal basis for this is Article 6(1)(a) of the GDPR. Further information on data protection can be found at https://clearaudio.de/de/service/registration.php.
9.3 Warranty Inspection / Returns
Please note that the extended manufacturer's warranty applies only in cases of material or manufacturing defects.
For shipping, we recommend sending the product in its original packaging to avoid transport damage. If the original packaging is no longer available, please use equivalent, secure packaging. A lack of original packaging does not exclude the warranty claim.
To ensure a quick processing time, please provide a detailed description of the issue. You can use our return form (available here).
Important information:
- Please keep your proof of purchase carefully, as it serves as proof of the warranty period.
- The serial number of the device is required for processing. It can be found on the nameplate on the back of the device or in the warranty/registration card.
- The warranty period is not extended by a warranty repair or replacement.
Note on statutory defect liability:
The Clearaudio manufacturer's warranty is an additional service and does not affect your statutory rights under Sections 434 et seq. of the German Civil Code (BGB), which entitle you to defect liability for two years from the date of delivery.
For claims under statutory defect liability, please contact the dealer/contractual partner from whom you purchased the product.
9.4 Shipping Costs
For legitimate warranty claims, the warranty service is provided free of charge.
- If you purchased the product directly from Clearaudio, the warranty provider will supply a return shipping label and handle the warranty process.
- If you purchased the product from an authorized dealer, your dealer/contractual partner is responsible for processing the warranty claim and shipping the product to Clearaudio.
Important Notice:
This manufacturer's warranty does not affect statutory defect liability rights under Sections 434 et seq. of the German Civil Code (BGB).
If the dealer no longer exists or is unable to process the warranty claim, you may contact Clearaudio directly.
If an inspection reveals that the issue is not covered by the warranty (e.g., damage due to improper use or normal wear and tear), Clearaudio reserves the right to charge the customer for return shipping costs. Customers will be informed in advance of any associated costs.
§ 10 Liability
10.1 Exclusion and Limitation of Liability
Subject to mandatory statutory provisions and the provisions set out in Section 8, Clearaudio and its executive bodies, shareholders, employees, affiliated companies, representatives, agents, suppliers, and subcontractors shall be excluded from liability for all claims by the customer to the extent legally permissible, regardless of the legal basis.
This exclusion of liability applies in particular (but not exclusively) to claims arising from:
- production downtime,
- delay-related damages,
- loss of use,
- loss or damage of data or data carriers,
- costs of data recovery,
- loss of profit,
- other direct or indirect damages,
even if Clearaudio has been advised of the possibility of such damages.
10.2 Liability for Breach of Essential Contractual Obligations
If Clearaudio breaches essential contractual obligations, liability for ordinary negligence is limited to damages that are typically foreseeable in the context of the contract.
Claims for damages due to delays or documented reimbursement claims under Section 284 of the German Civil Code (BGB) are limited to 10% of the purchase price, unless Clearaudio has acted intentionally or with gross negligence.
§ 11 Claims by Third Parties
11.1 Duty to Inform
The contracting parties undertake to promptly inform each other as soon as they become aware that claims are being asserted against one or both parties, legal proceedings have been initiated, or a lawsuit has been filed that affects both parties.
11.2 Duty to Indemnify
The parties agree to reasonably support each other in defending against claims asserted by third parties.
11.3 Customer's Duty to Assist
If third parties assert direct claims against Clearaudio that exceed the agreed defect liability claims or established liability limits, the customer is obligated to indemnify Clearaudio against such claims.
§ 12 Credit Check and Data Protection
12.1 Credit Check and Identity Verification
Clearaudio reserves the right to conduct a credit check if the customer selects payment on invoice, installment payments, or any other high-risk payment method.
- For this purpose, the customer's contract details (name, date of birth, address) may be transmitted to a credit agency (e.g., Kreditreform Nürnberg, Postfach 4246, 91022 Nürnberg).
- The credit check is conducted solely to mitigate the risk of payment defaults and is carried out strictly within the framework of legal requirements.
- This notice is provided in accordance with Section 31 of the German Federal Data Protection Act (BDSG) and Article 6(1)(f) of the General Data Protection Regulation (GDPR).
12.2 Data Protection and Processing of Personal Data
The processing of personal data is carried out in compliance with the General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG), and other applicable data protection laws.
- Personal data is used exclusively for contract execution and customer support.
- Data is only shared with third parties if necessary for the fulfillment of contractual obligations or if required by law.
- The customer has the right to access, correct, or delete their stored data at any time, provided that no legal retention obligations prevent such deletion.
Detailed information on data protection can be found in our Privacy Policy.
§ 13 Provisions in Accordance with the Packaging Act (VerpackG)
13.1 Packaging Licensing and System Participation
We fulfill our obligations under the German Packaging Act (VerpackG) and participate in an approved dual system for the disposal and recycling of sales packaging that we place on the market.
13.2 Instructions for Disposal of Packaging
Consumers are required to dispose of sales packaging through the designated collection systems (e.g., yellow bag, paper bin, or recycling center) to ensure environmentally friendly disposal. Please follow the local waste disposal regulations applicable in your area.
13.3 Registration in the Packaging Register
Our company is registered in the LUCID Central Packaging Register under registration number DE3409083020915.
§ 14 Information on the Disposal of Electrical and Electronic Equipment (ElektroG & WEEE)
14.1 Separate Disposal of Electrical Equipment
Electrical and electronic devices must not be disposed of with household waste. Consumers are legally required to dispose of old devices through appropriate collection points (e.g., municipal collection centers or retailer take-back points) to ensure environmentally friendly disposal.
14.2 Labeling of Electrical Devices
Electrical devices subject to the German Electrical and Electronic Equipment Act (ElektroG) are marked with the following symbol: (Wheeled bin with a crossed-out symbol). This symbol indicates that the device must not be disposed of with household waste.
14.3 Return of Old Devices
Consumers can dispose of old devices at municipal recycling centers or official collection points. If we are legally required to accept a return, you may contact us to arrange the return of your old device.
Please contact us at [info@clearaudio.de] for further details.
14.4 Batteries and Rechargeable Batteries
If your electrical device contains batteries or rechargeable batteries that are not permanently installed, please remove them before disposal and dispose of them separately at designated battery collection points.
14.5 Registration in the Waste Electrical and Electronic Equipment Register (WEEE Reg. No.)
Our company is registered with the Stiftung EAR in the Waste Electrical and Electronic Equipment (WEEE) Register under WEEE Reg. No. DE26004446.
§ 15 Information on Battery Disposal (BattG)
15.1 Environmentally Friendly Disposal of Batteries and Rechargeable Batteries
Batteries and rechargeable batteries must not be disposed of with household waste. Consumers are legally required to dispose of used batteries through designated collection points or retailer take-back stations.
15.2 Labeling of Batteries Containing Hazardous Substances
Batteries containing hazardous substances are marked with the following symbol: (Wheeled bin with a crossed-out symbol).
15.3 Obligation to Return Used Batteries
15.4 Consumers can return used batteries free of charge at public collection points or at any retailer that sells batteries. If a return through us is required, please contact us at [info@clearaudio.de].
15.5 Compliance with Battery Regulations
As a retailer, we are legally obligated under the German Battery Act (BattG) to accept used batteries for disposal and fulfill our statutory obligations accordingly.
§ 16 Jurisdiction, Place of Performance, and Applicable Law
This contract is exclusively subject to the laws of the Federal Republic of Germany, with the express exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The place of performance for all contractual obligations is Erlangen, Germany.
16.1 Jurisdiction for End Consumers (B2C)
For consumers with residence in Germany, the statutory place of jurisdiction applies. Additionally, Erlangen is agreed as the place of jurisdiction.
Clearaudio is entitled to file a lawsuit against the consumer at their place of residence. For consumers residing in another EU member state, Erlangen is the exclusive place of jurisdiction.
§ 17 Severability Clause
If any provision of these General Terms and Conditions (GTC) is wholly or partially invalid or does not become part of the contract, the remaining provisions shall remain unaffected.
The legally applicable provision shall replace the invalid or missing provision.
The contract shall only be deemed entirely invalid if enforcing it would cause unreasonable hardship to one of the contracting parties, even after considering potential legal adjustments.
Impressum (here)
Clearaudio electronic GmbH
Spardorfer Straße 150
91054 Erlangen
Germany
Tel.: +49 9131 40300100
Fax: +49 9131 40300119
E-Mail: info@clearaudio.de
www.clearaudio.de
www.analogshop.de
Trade register: Fürth HRB 1442
Place of jurisdiction: Erlangen
Sales tax identification
number: DE132493159
CEO: Robert Suchy, Veronika Suchy