Terms customer information

Table of Contents

1. Scope
2. conclusion of contract
3. Right to cancel

4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Liability
9. Applicable Law
10. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Anja Willnauer, trading under "CanisAlpha" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the seller in his online shop. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.

1.2 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.

1.3 An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the online shop of the seller do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer using the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods in the shopping cart by clicking the button that concludes the ordering process.

2.3 The seller can accept the customer's offer within five days,

• By sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer is decisive, or
• By delivering the ordered goods to the customer, in so far as the access of the goods to the customer is relevant, or
• by asking the customer to pay after placing his order.

Where several of the above alternatives are present, the contract shall come into force at the time when one of the above alternatives occurs first. The deadline for the acceptance of the offer begins on the day after the submission of the offer by the customer and ends with the expiry of the fifth day following the submission of the offer. If the seller does not accept the offer of the customer within the aforementioned deadline, this shall be deemed a rejection of the offer with the result that the customer is no longer bound to his consent.

2.4 If you select a payment method offered by PayPal, the payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the conditions for payments without a PayPal account, can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the point in time at which the customer clicks on the button that completes the ordering process.

2.5 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller does not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be called up free of charge by the customer via his password-protected user account by providing the corresponding login data.

2.6 Before submitting a binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.

2.7 The German and English languages ​​are available for the conclusion of the contract.

2.8 The order processing and contact usually takes place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.

3) Right of Withdrawal

3.1 In principle, consumers are entitled to a right of withdrawal.

3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.

3.3 The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of the conclusion of the contract.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option (s) will be communicated to the customer in the online shop of the seller.

4.4 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If you select a payment method offered via the "Stripe" payment service, the payment will be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe are communicated to the customer in the seller's online shop. To process payments, Stripe can use other payment services for which special payment conditions may apply, to which the customer may be informed separately. More information about Stripe is available online at https://stripe.com/de accessible.

4.6 If the SEPA direct debit payment method is selected, the invoice amount is due after a SEPA direct debit mandate has been issued, but not before the deadline for the advance payment information has expired. The direct debit is collected when the ordered goods leave the seller's warehouse, but not before the deadline for advance information has expired. Pre-information ("Pre-Notification") is any communication (e.g. invoice, policy, contract) from the seller to the customer that announces a debit using SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or because incorrect bank details have been provided, or if the customer objects to the debit although he is not entitled to do so, the customer must bear the fees incurred by the respective bank if he is responsible for this .

5) Delivery and shipping conditions

5.1 If the seller offers to ship the goods, the delivery takes place within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.

5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the forwarding agent, carrier or other person or institution responsible for carrying out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold only passes when the goods are handed over to the customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer for consumers as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the Customer has commissioned the forwarding agent, carrier or other person or institution responsible for carrying out the shipment and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to himself. This only applies in the event that the seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.5 Pickup is not possible for logistical reasons.

6) Retention of title

6.1 In relation to consumers, the seller retains ownership of the delivered goods until the purchase price owed has been paid in full.

6.2 In relation to entrepreneurs, the seller retains ownership of the delivered goods until all claims from an ongoing business relationship have been settled in full.

6.3 If the customer acts as an entrepreneur, the following also applies:

If the delivered goods are processed, the seller is considered the manufacturer and acquires ownership of the newly created goods. If the processing takes place together with other materials, the seller acquires ownership in the ratio of the invoice value of his goods to that of the other materials. If the seller's goods are combined or mixed with an item belonging to the customer, this is to be regarded as the main item, co-ownership of the item in the ratio of the invoice value of the seller's goods to the invoice value or, failing such, to the market value of the main item - to the seller about. In these cases, the customer is deemed to be the custodian.

The customer may neither pledge nor transfer ownership of items subject to retention of title or rights. The customer is only entitled to resell the reserved goods in the ordinary course of business. The customer assigns all resulting claims against third parties in the amount of the respective invoice value (including sales tax) to the seller in advance. This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The seller's authority to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, does not default in payment and no application for the opening of insolvency proceedings has been filed.

The customer must immediately notify us of access to the goods owned or co-owned by the seller or to the assigned claims. He has to transfer amounts assigned to the seller or collected by him immediately to the seller, insofar as his claim is due.

If the value of the seller's security rights exceeds the amount of the secured claims by more than 10%, the seller will release a corresponding share of the security rights at the customer's request.

7) Liability for defects (guarantee)

7.1 Unless otherwise specified in the following regulations, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.2 If the customer acts as an entrepreneur,

• the seller has the choice of the type of supplementary performance;
• In the case of new goods, the limitation period for defects is one year from delivery of the goods;
• in the case of used goods, the rights and claims due to defects are excluded;
• the statute of limitations does not start again if a replacement delivery takes place within the scope of the liability for defects.

7.3 The limitations of liability and shortening of deadlines set out above do not apply

• for claims for damages and reimbursement of expenses by the customer,
• in the event that the seller has fraudulently concealed the defect,
• for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
• for any existing obligation on the part of the seller to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.

7.4 In addition, it applies to entrepreneurs that the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial inspection and complaint obligation in accordance with Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations stipulated there, the goods are deemed to have been approved.

7.6 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.

8) liability

The seller is liable to the customer for all contractual, contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:

8.1 The seller is fully liable for any legal reason

• in case of intent or gross negligence,
• in the event of willful or negligent injury to life, body or health,
• on the basis of a guarantee promise, unless otherwise regulated in this regard,
• due to mandatory liability such as under the Product Liability Act.

8.2 If the seller negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless there is unlimited liability in accordance with the preceding paragraph. Essential contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the customer can regularly rely.

8.3 Incidentally, a liability of the seller is excluded.

8.4 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.

9) Applicable law

9.1 For all legal relations of the parties, the law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice is valid only in so far as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

9.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.

10) Alternative Dispute Resolution

10.1 The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of entry for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

10.2 The seller is not obliged to participate in a dispute settlement procedure before a consumer arbitration board, but is willing to do so.