General Terms and Conditions

§ 1 Scope and provider

(1) These General Terms and Conditions apply to all orders placed at the
Online shop of

CANISBERG UG
Managing Director: Kaja Fietkiewicz
Email: info@canisberg.com

(2) The goods offered in our online shop are exclusively for buyers who have reached the age of 18.

(3) Our deliveries, services and offers are made exclusively based on these General Terms and Conditions. The General Terms and Conditions of Business also apply to all companies, even if they have not explicitly been agreed on. The inclusion of customer’s general terms of business, which contradict our general terms and conditions, is already being contradicted.

(4) The contract language is exclusively German.

(5) You can check the current terms and conditions on the website www.canisberg.com/imprint
and print them.

§ 2 Conclusion of Contract

(1) The merchandise presentation in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-committal invitation for ordering goods in the online shop.

(2) By clicking the “Pay Order Now” button, you make a binding purchase offer (§ 145 BGB).

(3) After receipt of the purchase offer, you will receive an automatically generated e-mail with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.

(4) A purchase agreement is only concluded if we explicitly declare acceptance of the purchase offer or if we send the goods to you without prior declaration of acceptance.

§ 3 Prices

The prices stated on the product pages contain the legal VAT and other price components and are subject to the respective shipping costs

§ 4 Payment Terms; Delay

(1) The payment is processed by one of the following:

  • advance payment,
  • PayPal,
  • credit card via Stripe or
  • Stripe.

(2) If you choose the payment method “advance payment”, we will give you our bank account details in the order confirmation. The invoice amount has to be transferred to our account within 10 days after receipt of the order confirmation.

(3) When paying by credit card via PayPal the purchase price at the time of the order is reserved on your credit card (“authorization”). The actual debit of your credit card account happens when we ship the goods to you.

§ 5 Compensation/Right of Retention

(1) You are entitled to receive a compensation only if your counterclaim has been legally established, is not denied or acknowledged by us or is in a strict synallagmatic relationship with our claim.

(2) You can only exercise a right of retention if your claim is based on the same contractual relationship.

§ 6 Delivery; Title Retention

(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you specify.

(2) The goods remain our property until full payment of the purchase price has been received.

(3) If you are an entrepreneur within the meaning of § 14 BGB, the following shall also apply:

  • We retain title to the goods until the complete settlement of all claims arising from the current business relationship. Prior to the transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.
  • You may resell the goods in the normal course of business. In this case, you are already assigning all receivables of the amount of the invoice amount, which are made to you from the resale to us. We accept the assignment but you are authorized to collect the receivables. If you do not fulfill your payment obligations properly, we reserve the right to collect claims ourselves.
  • In case of connection and mixing of the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of the processing.
  • We undertake to release the securities to which we are entitled upon request insofar as the realizable value of our collateral exceeds the claims to be secured by more than 10%. The choice of collateral to be released is our responsibility.

§ 7 Cancellation

In the event that you are a consumer within the meaning of § 13 BGB (German Civil Code), i.e. you make the purchase for purposes which cannot be attributed predominantly to your commercial or independent professional activities, you have a right of revocation under the following provisions.

Withdrawal

You have the right to revoke this contract within a period of fourteen days without giving reasons.
The period of revocation shall be fourteen days from the date on which you or a third party you designate, which is not the carrier, has or has taken possession of the goods.

To exercise your right of revocation, you have to provide us the following data

CANISBERG UG
Am Vorster Pfad 14
41564 Kaarst Germany

info@canisberg.com

by means of a clear statement (e.g. a letter or e-mail) about your decision to revoke this contract. You can use the enclosed sample revocation form, but this is not required.

In order to keep the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of Revocation

If you revoke this agreement, we will refund all the payments we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us) within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we will use the same means of payment you have used in the original transaction, unless you have expressly agreed otherwise; in no case will you be charged for these repayment fees.

We can refuse the repayment until we have recovered the goods or until you have proved that you have returned the goods, whichever is earlier.
You must return the goods to us immediately and in any case, no later than fourteen days from the date on which you inform us about the revocation of this contract. The deadline is respected when you send the goods before the end of the period of 14 days.

You bear the direct costs of returning the goods.

You shall only be liable for any loss of value of the goods if this loss in value is attributable to the handling of the goods, which is not necessary to examine the quality, characteristics, and functioning of the goods.

Withdrawal Form Template

If you want to revoke the contract, please fill out this form and send it to us.

To
CANISBERG UG
Am Vorster Pfad 14 41564 Kaarst
Germany

E-Mail: info@canisberg.com

I / we (*) hereby revoke the contract for the purchase of the following goods (*) concluded by me / us (*):
Ordered on (*) / received on (*)
Name of consumer (s):
Address of the consumer (s):
Signature of the consumer (s) (only in the case of a communication on paper)
Date
(*) Delete as appropriate.

End of Revocation

(1) The right of revocation does not apply in the case of delivery of goods which are not prefabricated and for whose manufacture an individual selection or destination is decisive by the consumer or which are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and Your name), in the case of the delivery of sealed goods which are not suitable for return for reasons of health or hygiene, if their seal has been removed after delivery, or in case of delivery of sound or video recordings or computer software in a sealed package, of the delivery has been removed.

(2) Please avoid damage and contamination. If possible, please return the goods to us in original packaging with all accessories and with all packaging components. If necessary, use a protective outer wrapper. If you no longer own the original packaging, please provide adequate packaging to ensure adequate protection against transport damage in order to avoid damage claims due to defective packaging.

(3) Please write us an e-mail [info@canisberg.com] before returning the goods. This allows us to assign the products as quickly as possible.

(4) Please note that the conditions set out in the preceding paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of revocation.

§ 8 Damage during Transport

(1) If goods with obvious transport damage are delivered, please report such faults immediately to the deliverer and please contact us as soon as possible.

(2) Failure to comply with a complaint or contact has no consequences for your statutory warranty rights. However, they help us to assert our own claims against the freight carrier or the transport insurance.

§ 9 Warranty

(1) Unless expressly agreed otherwise, your warranty claims are based on the legal provisions of the purchase law (§§ 433 ff. BGB).

(2) If you are a consumer within the meaning of § 13 BGB (German Civil Code), the limitation period for warranty claims for used items is – one year – deviating from the statutory provisions. This limitation shall not apply to claims for damages resulting from injury to life, limb or health, or from a breach of a material contractual obligation, which is the fulfillment of which the proper execution of the contract is possible at first and on which the contractual partner may regularly rely (cardinal obligation) as well as for claims due to other damages arising from an intentional or grossly negligent breach of duty on the part of the user or his vicarious agents.

(3) In addition, the statutory provisions apply to the warranty.

(4) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the legal provisions apply with the following modifications:

  • For the quality of the goods binding are only our own data and the product description of the manufacturer, but not public promises and utterances and other advertisement of the manufacturer.
  • You are obliged to inspect the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days from receipt of the goods. Timely forwarding is sufficient to meet the deadline. This also applies to hidden defects later discovered. The assertion of the warranty claims is excluded in the case of infringement of the obligation to examine and to notify the customer.
  • In the event of defects, we make a guarantee by means of subsequent improvement or replacement delivery (supplementary performance). In the case of rectification, we shall not be required to bear the increased costs resulting from the shipment of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
  • If the supplementary performance fails twice, you may, at your discretion, demand a reduction or withdraw from the contract.
  • The warranty period is one year from date of delivery.

§ 10 Liability

(1) Unlimited liability: We are unlimitedly liable for intent and gross negligence as well as in accordance with the Product Liability Act. We shall be liable for slight negligence in the event of damage resulting from injury to life, body or health of persons.

(2) In the case of slight negligence, we shall be liable only in the event of a breach of a material contractual obligation, the fulfillment of which will allow the proper execution of the contract at all, and to which you may regularly rely (cardinal obligation). The liability for slight negligence is limited to the damages foreseeable at the conclusion of the contract, which has to be typically expected. This limitation of liability also applies to our vicarious agents.

§ 11 Closing Provisions

(1) Should one or more provision of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.

(2) German law shall apply exclusively to contracts concluded between you and us to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “United Nations Convention on Contracts for the International Sale of Goods”).

(3) If you are a merchant, a legal person of public law or a public special fund, then the court of jurisdiction for all disputes arising from or in connection with contracts between you and us.

Based on the tamplate by HÄRTING Rechtsanwälte.