Terms of service
General Terms and Conditions
All business transactions are concluded exclusively on the basis of these General Terms and Conditions. General terms and conditions of the contractual partner shall be deemed excluded, even in the event that the contractual partner does not expressly submit to these terms and conditions. These conditions shall apply to ongoing business relationships and future transactions, even if they are not expressly agreed in the individual case. Transactions are concluded only with entrepreneurs within the meaning of the Austrian Commercial Code (UGB).
The provider’s contractual partner is:
CWS Hygiene Österreich GmbH (hereinafter “CLEAR+”)
Business Division CLEAR+
Industriezentrum NÖ Süd, Straße 15, Objekt M42
2355 Wr. Neudorf
VAT ID: ATU 19405702
Email: info@clearplus.at
Status: January 2026
A. Purchase Agreement
A-I.
Orders placed by the contractual partner shall only become effective when accepted by CLEAR+.
The agreed price does not include packaging and shipping costs. Transport costs shall be charged according to actual expenditure plus handling costs. Purchase prices are net prices plus the applicable statutory VAT.
CLEAR+ is entitled to fulfill the order in partial deliveries, as well as to make changes which are expedient for technical reasons and do not constitute a fundamental redesign of the product, without the consent of the contractual partner.
A-II.
The following applies to orders placed in the online shop:
The goods contained in the online shop do not constitute a binding offer to conclude a purchase agreement. Rather, they are an invitation to the customer to submit a binding offer. By placing the order by clicking the “Buy Now” button, you submit a binding offer to conclude a purchase agreement. As soon as the order has been received by us, you will receive an email confirming receipt of the order and listing its details (“Order Confirmation”). The Order Confirmation does not constitute acceptance of the offer. Acceptance by us, and thus the conclusion of the contract, depends on the selected payment method:
- Payment by credit card: Acceptance takes place either by sending a further email with express order confirmation or directly by dispatching the ordered goods through handover to the transport company. The credit card will only be charged after the order confirmation or handover of the goods to the transport company.
- Payment by SEPA direct debit mandate: Acceptance takes place either by sending a further email with express order confirmation, directly by dispatching the ordered goods through handover to the transport company, or at the latest upon sending the advance information notice within the SEPA procedure.
- Payment by invoice: Acceptance takes place either by sending a further email with express order confirmation or directly by dispatching the ordered goods through handover to the transport company.
Regardless of the chosen payment method, you will be informed in a separate email (“Shipping Confirmation”) once the goods have been handed over to the transport company.
You may initially place the products in the shopping cart without obligation and correct your entries at any time before clicking the “Buy Now” button by using the correction tools provided and explained during the ordering process.
A-III.
Delivery dates shall only be binding for CLEAR+ if confirmed in writing by CLEAR+.
The risk of performance passes to the contractual partner upon handover of the goods to the forwarding agent/carrier; in the case of delivery by CLEAR+, upon delivery of the goods.
A-IV.
A 12-month warranty is granted for all new purchased items for replacement of parts that become defective during normal use. Wear parts are excluded in any case. Products of the CLEAR+ brand may only be used for their intended purpose; improper use releases CWS Hygiene Österreich GmbH, Business Division CLEAR+, from any warranty obligation.
The statutory warranty period is mutually shortened to 12 months.
A-V.
The delivered goods remain the property of CLEAR+ until full payment has been made (including packaging and shipping costs). As long as retention of title exists, the contractual partner is prohibited from transferring, selling, pledging, renting, modifying or carrying out any acts and/or omissions that could impair CLEAR+’s right of satisfaction.
In the event of consensual resale of goods subject to retention of title, it is agreed that the buyer shall pay the entire purchase price directly to our bank account known to the contractual partner.
Agreements with the second purchaser shall only become legally effective with the written approval of CLEAR+.
A-VI.
The contractual partner is obliged to inspect the delivered goods immediately and to note any identified defects in detail on the delivery note or consignment note, otherwise all claims shall be excluded, or after prior oral notification to report them immediately in text form by email to info@clearplus.at within one week.
In the case of non-obvious defects, notification must be made immediately after discovery in writing by email.
In the event of defective delivery, the contractual partner shall only be entitled to free repair or replacement delivery. The contractual partner waives the right to price reduction as well as any claim for damages including consequential damages caused by defects, and product liability claims for property damage. The contractual partner is obliged, failing which all warranty claims are excluded, to observe all usage instructions handed over and, in case of doubt, to obtain CLEAR+’s statement.
The customer’s right to rescind the contract due to lesion beyond half pursuant to Section 934 ABGB is contractually excluded pursuant to Section 351 UGB.
Payments received by CLEAR+ shall first be credited against compound interest, then against interest and ancillary costs, and finally against the outstanding principal.
A-VII.
The customer as entrepreneur has no statutory right of withdrawal.
As a gesture of goodwill and without acknowledgment of any legal obligation, the provider is prepared to grant the customer a voluntary right of return per order. The return must be made within 14 days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods. Return is possible without giving reasons. Refusal of acceptance does not constitute proper exercise of the right of return.
To exercise the right of return, the customer must securely package the goods and send or hand them over at their own expense to the address stated below.
Compliance with the return period is sufficient if notice of exercising the return right is sent before expiry of the return period.
In the event of return, the customer shall bear all return costs (shipping and, if applicable, customs).
If you revoke this contract, we shall reimburse all payments received from you, including delivery costs (except for additional costs resulting from your choosing a type of delivery other than the inexpensive standard delivery offered by us), without delay and at the latest within fourteen days from the day on which notice of your withdrawal was received by us. For this repayment, we shall use the same means of payment you used for the original transaction unless expressly agreed otherwise with you. Under no circumstances will fees be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods no later than fourteen days from the day on which you informed us of the withdrawal to:
CWS Hygiene Österreich GmbH
IZ NÖ Süd Str.15 Obj. M42
2355 Wiener Neudorf
The deadline is met if you dispatch the goods before expiry of the fourteen-day period.
The customer must compensate for any loss in value of the goods if this loss in value is due to handling not necessary for examining the nature, characteristics and functioning of the goods.
The above-described right of return does not apply to contracts for the supply of goods that are not prefabricated and for whose manufacture an individual selection or determination by the customer is decisive, or which are clearly tailored to the customer’s personal needs.
B. Loan Dispenser Agreement
B-I.
The hygiene dispensers specified in the Clear+ loan dispenser agreement shall be provided to the contractual partner by CWS Hygiene Österreich GmbH. Liability for changes in dispenser color or design changes is expressly excluded. Installation of the Clear+ hygiene dispensers shall be carried out by CWS Hygiene Österreich GmbH and charged to the contractual partner according to the valid price list at the time of installation.
B-II.
The minimum term of the Clear+ loan dispenser agreement is 1 year.
B-III.
The contractual partner undertakes to treat the Clear+ hygiene dispensers carefully during the contract term. Liability of CWS Hygiene Österreich GmbH is limited to production-related defects of the Clear+ hygiene dispensers themselves. All further damage to the provided Clear+ hygiene dispensers and also to the contractual partner’s legal assets shall be borne by the contractual partner.
B-IV.
During the contract term, the contractual partner undertakes to fill the Clear+ hygiene dispensers exclusively with products defined by Clear+ from CWS Hygiene Österreich GmbH. The consumable products and an annual minimum turnover for consumables for 12 months are defined in the contract. If the agreed annual minimum turnover is not achieved, the difference amount shall be invoiced to the contractual partner.
The annual minimum turnover is defined for the period of 12 months after installation and compared with the actual turnover of consumables. This 12-month review continues in subsequent years until termination of the contract. If the loan dispenser agreement is terminated within the 12-month annual minimum turnover review period, the minimum turnover shall be calculated proportionally.
In the event of breach of contract by the contractual partner, CWS Hygiene Österreich GmbH is entitled to reclaim the dispenser systems immediately or invoice the contractual partner for their current value. Dismantling costs shall be charged according to the valid price list at the time of dismantling. Furthermore, the contractual partner shall be invoiced for the turnover difference to the contractually agreed annual minimum turnover and the lost contribution margin of consumables not purchased from CWS Hygiene Österreich GmbH.
B-V.
The contractual partner and CWS may terminate the Clear+ loan dispenser agreement in writing at any time after expiry of the minimum term with 12 months’ notice effective at the end of any calendar month. In this case, CWS Hygiene Österreich GmbH has the right to demand either return of the loan dispenser or payment of the current value of the Clear+ hygiene dispensers. In the case of return, CWS reserves the right to claim damages for any wear and tear or damage exceeding normal use. If the contractual partner does not comply with the request for return within no later than 14 days, CWS shall be entitled to demand the current value as compensation.
C. General
C-I.
The payment term agreed is 14 calendar days from invoicing (receipt on the account of CWS Hygiene Österreich / Business Division CLEAR+). CLEAR+ is entitled to issue and transmit invoices and service confirmations in electronic form (commonly known as e-billing). Additional costs of €3 arising from issuing paper documents shall be borne by the customer.
The method of payment depends on the payment method selected during the ordering process.
C-II.
In case of default of payment, default interest of 12% p.a. shall be charged. For necessary reminder letters, a flat fee of €8 is agreed.
The contractual partner agrees that invoices concerning the purchase/loan dispenser agreement shall be issued exclusively electronically (“E-Billing”) and transmitted to the specified email address.
For purchases in the online shop, invoices shall be issued electronically. You agree that invoices will be sent to the email address specified during the ordering process.
C-III.
Written Form and Confidentiality
All agreements, subsequent amendments, supplements, side agreements, etc. require written form to be valid.
We are entitled to have our contractual services performed wholly or partially by third parties.
The provider undertakes to keep confidential any knowledge obtained from the business relationship vis-à-vis third parties. Disclosure of non-public data (e.g. price conditions, technical documents, graphic representations, 3D models, etc.) entitles CLEAR+ to claim a contractual penalty of €1,500 per violation. The assertion of further damages remains unaffected.
Naming as Reference
The provider agrees to the free-of-charge mention of its name or company name as a reference on the website or in other documents or in other external communication of CLEAR+. This also includes free use of the corresponding company logo.
The provider may object to this use for the future at any time without giving reasons. There is no claim to destruction of advertising material already produced and/or circulated.
Applicable Law, Jurisdiction & Severability Clause
Austrian substantive law shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods. The contract language is German.
The delivery area is limited to Austria.
Unless otherwise agreed, the place of performance for all services is Vienna.
For all disputes arising from this contract, the court with subject-matter jurisdiction for 1010 Vienna shall have local jurisdiction. However, CLEAR+ reserves the right to sue also at the provider’s general place of jurisdiction.
Should any provision of these GTC be wholly or partially legally ineffective or unenforceable, this shall not affect the legal validity of all other provisions. The contracting parties shall replace the ineffective or unenforceable provision with an effective and enforceable provision that comes as close as possible in content and purpose to the ineffective or unenforceable provision.
Data Protection
Details on the processing of your personal data can be found in our privacy policy available at: www.cws.com/datenschutz.
Newsletter and Other Electronic Advertising Communications
Pursuant to Section 174 Telecommunications Act 2021, you agree to receive advertising information by email regarding services, products and cooperations offered by CLEAR+. You may revoke this consent at any time by informal notification to CWS Hygiene Österreich / Business Division CLEAR+ by post or email (datenschutz-hy-at@cws.com)