Terms of service

Terms and Conditions

General Terms and Conditions

I. General, scope 

1. These General Terms and Conditions (GTC) apply to the transactions between the buyer and the seller, Canada Gear GmbH & Co KG, Gewerbering 6, 27432 Bremervörde, HRA number 203855 (Tostedt District Court), VAT.-ID: DE321518321, represented by Mr. Heiko Michaelis [http://canadagear.de/policies/legal-notice] contracts concluded via this online shop.

2. The language available for concluding this contract is exclusively German.

II. Applicable Law

1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods, if

1. the buyer has his habitual residence in Germany
2. the buyer has his habitual residence in a country that is not a member of the European Union.

2. In the event that the buyer has his habitual residence in a member state of the European Union, German law also applies, although mandatory provisions of the state in which he has his habitual residence remain unaffected.

 

III. Conclusion of contract

1. The presentation of the goods and services in the seller's online shop does not constitute a legally binding offer, but rather an invitation to order (invitatio ad offerendum).
2. Only the ordering of the goods by the buyer is a binding offer according to § 145 BGB. By clicking on the “Order with obligation to pay” button, the buyer makes such a binding offer to purchase the goods displayed in the order overview. We are entitled to accept the contract offer contained in the order within 2 weeks of receipt. Acceptance can occur either through declaration or delivery of the goods.
3. If the customer orders the goods electronically, we will immediately confirm receipt of the order. The confirmation of receipt does not constitute a binding acceptance of the order. The confirmation of receipt can be linked to the declaration of acceptance. 

4. The buyer can select goods for purchase and/or services for booking in the seller's online shop by placing them in the shopping cart by clicking on the corresponding button. If the buyer wants to complete the order, he must go to the shopping cart, where he will be guided through the further ordering process. After selecting the item in the shopping cart and providing all the required order and address data in the next step, clicking the “Check order” button opens a page in which the essential item information, including any costs incurred, is summarized again. The buyer can correct any input errors when submitting your order at any time using the delete and change function before sending the order. Only by subsequently confirming the button “Order with obligation to pay” is a binding offer within the meaning of section. III. 2 submitted.

 

IV. Correction notice

As part of the ordering process, the buyer first places the desired goods or services in the shopping cart. There he can change the desired quantity at any time or remove selected goods or services entirely. If the buyer has stored goods or services there, by clicking on the “Continue” buttons, he will first be taken to a page where he has to enter his data and then select the shipping and payment method. Finally, an overview page opens where he can check his information. The buyer can correct his input errors (e.g.b concerning. Payment method, data or the desired quantity) by clicking on “Edit” in the respective field. If the buyer wants to cancel the ordering process completely, they can close their browser window. Otherwise, after clicking the confirmation button “Order with obligation to pay”, his declaration becomes binding in the sense of paragraph. III.2 these terms and conditions.

 

V. Storage of the contract text

The contractual provisions with information on the goods and/or services booked, including these general terms and conditions and the cancellation policy, will be sent to you by email upon acceptance of the contract offer or sent with notification of this. We do not store the contractual provisions.

VI.Prices
1. The price is the final price including taxes. The shipping costs are shown separately for the respective products and in the order overview.

2. The purchase price is due upon acceptance of the offer by the seller. Payment for the goods is made by credit card, Paypal, iDEAL, Bancontact, SOFORT Banking, Bank Transfer or Santander installment credit (the seller uses the “TLS” transmission method to encrypt the buyer’s personal data). 

VII. Product descriptions 

1. The main features of the goods and services we offer can be found in the individual product descriptions on our website.
2. Descriptions in brochures, price lists and other documents from us do not constitute a guarantee or assurance.
3. We reserve the right to make technical changes as well as changes in shape, color and weight.

 
VIII.Delivery
Delivery times specified by the seller begin from the time the contract is concluded. The delivery time can be found in the respective product description. If the goods ordered by the buyer are not available, the seller reserves the right not to provide the service, informing the seller immediately before the conclusion of the contract. Any shipping costs incurred are also listed in the product description and will be shown separately by the seller on the invoice.

 
2.If the seller is unable to deliver the purchased item on the agreed date or within the agreed period through no fault of his own, he will inform the buyer of this immediately and at the same time inform the expected new delivery period.
If the service cannot be provided within the new delivery period or if corresponding disruptions lead to a delay in performance of more than four months, the buyer can withdraw from the contract. Other rights of withdrawal remain unaffected.
5. Changes in design or shape, deviations in color and changes to the scope of delivery by the manufacturer remain reserved during the delivery period.

 
IX.Decrease
1. The buyer is obliged to accept the purchased item within 14 days of receipt of the notice of availability. In the event of non-acceptance, the seller can exercise his legal rights. Deviations from this obligation can be additionally agreed with the seller. 2 If the buyer defaults on acceptance, fails to cooperate or if delivery is delayed for other reasons for which he is responsible, the seller is entitled to compensation for the resulting damage, including additional expenses (e.g.b storage costs). For this, the seller charges a flat-rate compensation of €300.00 plus. a further €100.00 per calendar day, the latter starting 14 days after the buyer receives the notification of availability.  Proof of greater damage and the seller's legal claims (in particular reimbursement of additional expenses, appropriate compensation, termination) remain unaffected. The buyer is permitted to prove that the seller suffered no damage at all or only suffered significantly less damage than the above flat rate. 

X.Retention of title
1. The purchased item remains the property of the seller until the claims to which the seller is entitled based on the purchase contract have been settled.
At the buyer's request, the seller is obliged to waive the retention of title if the buyer has irrefutably fulfilled all claims related to the purchased item.
2. If the buyer defaults on payment, the seller can withdraw from the purchase contract and demand the return of the purchased item. 3. As long as the retention of title exists, the buyer may neither dispose of the purchased item nor contractually grant use to third parties. 

 

XII. Right of withdrawal

As a consumer, the buyer has a right of withdrawal in accordance with the instructions listed in the appendix. A consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity.

XIII.Statute of limitations
The buyer's claims due to material defects expire in accordance with the statutory provisions in two years from receipt of the purchased item. If defects are fraudulently concealed, any resulting claims become statute-barred within the regular statute of limitations. If a guarantee for the quality or durability of the purchased item is expressly accepted, further claims remain unaffected.

XIV.Liability
1. The seller is liable for damages - regardless of the reason - within the scope of liability for intent and gross negligence. If, due to legal provisions in accordance with these conditions, the seller is liable for damage that was caused through slight negligence, the seller's liability is limited, subject to a more lenient standard of liability. Liability only exists in the event of a not insignificant breach of essential contractual obligations (obligation, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the buyer can regularly rely) and is limited to the typical damage foreseeable at the time the contract was concluded. This restriction does not apply in the event of injury to life, body or health.

2. Any liability of the seller under the Product Liability Act remains unaffected.

3. The limitation of liability according to section XIV.1 also applies to breaches of duty by or in favor of persons for whose fault the seller is responsible according to the statutory provisions, in particular the legal representatives, vicarious agents and employees of the seller. 

4. Given the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, the seller is not liable for the constant and uninterrupted availability of its online trading system.

XV. Final provisions

1. The terms and conditions written here are complete and final. Changes and additions should be made in writing in order to avoid ambiguities or disputes between the parties regarding the agreed content of the contract.

2. If the buyer had his place of residence or usual place of residence in Germany when the contract was concluded and has moved out of Germany at the time the seller files the lawsuit or his place of residence or usual place of residence is unknown at that time, the place of jurisdiction for all disputes is the seller's registered office. 

3. It should be noted that, in addition to the ordinary legal process, the buyer also has the option of out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013 has. Details can be found in Regulation (EU) No. 524/2013 and at the internet address: http://ec.europa.eu/consumers/odr

The seller's email address is: info@canadagear.de

It should be noted that the seller is not obliged to take part in an out-of-court dispute resolution procedure before a consumer arbitration board.

4. If individual provisions of this contract are invalid, this will not affect the rest of the contract.