Terms of service
General terms and conditions with customer information
Table of Contents
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Applicable Law
- Place of jurisdiction
- Alternative dispute resolution
1) Scope 1.1 These general terms and conditions (hereinafter "GTC") of CanLife GmbH (hereinafter "seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") with the seller with regard to the dated Seller on the Internet trading platform Myshopify.com (hereinafter "Myshopify") concludes the goods displayed. The inclusion of the customer's own conditions is hereby rejected, unless otherwise 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 can predominantly neither be attributed to their commercial nor their independent professional activity. 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, is exercising their commercial or independent professional activity.
2) Conclusion of the contract 2.1 The seller's product descriptions presented on Myshopify do not represent 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 via the shopping cart system integrated in Myshopify or - if available in the respective product description - via the 1-Click® buy function. 2.2.1 When placing an order via the shopping cart system, the customer gives by clicking on the copyright © 2021, IT-Recht-Kanzlei · Alter Messeplatz 2 · 80339 Munich Tel: +49 (0) 89/130 1433 - 0 · Fax: +49 ( 0) 89/130 1433 - 60 buttons "Buy now" in the final step of the ordering process, a legally binding contract offer with regard to the goods in the shopping cart. The customer must go through the following technical steps: The customer first places the goods in the virtual shopping cart by clicking the "Add to shopping cart" button and then clicking the "Proceed to checkout" button. In the next step, the customer must log into his Myshopify customer account by entering his email address and password or set up one for the first time. In the next step, the customer must select the desired shipping method and click on the "Buy now" button to complete the order. 2.3 Immediately after submitting his order, the customer receives a confirmation email from Myshopify stating that the seller has received the offer. 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) or having it transmitted by Myshopify, whereby the customer's receipt of the order confirmation is decisive , or - by delivering the ordered goods to the customer or having them delivered by Myshopify, whereby the customer's receipt of the goods is decisive, or - by requesting the customer to pay after placing his order or by having Myshopify ask him to pay , or - if payment by direct debit is offered and the customer opts for this method of payment by collecting the total price from the customer's bank account or by having Myshopify collected, whereby the time at which the customer's account is debited is decisive. Copyright © 2021, IT-Recht-Kanzlei · Alter Messeplatz 2 · 80339 Munich Tel: +49 (0) 89/130 1433 - 0 · Fax: +49 (0) 89/130 1433 - 60 If several of the above alternatives are available, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent. 2.4 The text of the contract is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. email, fax or letter) after the customer has placed the order. Any further provision of the contract text by the seller does not take place. In addition, the order data is archived at Myshopify and can be accessed free of charge by the customer via his password-protected user account at Myshopify. 2.5 When ordering via the Myshopify shopping cart system, the customer can identify possible input errors before placing the order 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 representation on the screen is enlarged. Before submitting a binding order, the customer can continuously correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can be corrected there using the usual keyboard and mouse functions. 2.6 Only the German language is available for the conclusion of the contract. 2.7 Order processing and contact take place via email and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order 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 third parties commissioned by the seller to process the order can be delivered. 2.8 When ordering alcoholic beverages, the customer confirms by sending the order that he has reached the legally required minimum age. The seller uses an age verification system to ensure that the customer has reached the legally required minimum age. The goods will therefore only be handed over if the age has been successfully checked and the customer has been authenticated. Copyright © 2021, IT-Recht-Kanzlei Alter Messeplatz 2 80339 Munich Tel: +49 (0) 89/130 1433 - 0 Fax: +49 (0) 89/130 1433 - 60
3) Right of withdrawal 3.1 Consumers have a fundamental right of withdrawal. 3.2 More detailed information on the right of cancellation can be found in the cancellation policy.
4) Prices and terms of payment 4.1 The prices given by the seller are total prices and include the statutory sales tax. Any additional delivery and shipping costs that may be incurred 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 are to be borne by the customer. These include, for example, the costs of transferring money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the transfer of funds 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 Payment is processed by the payment service provider Myshopify, which the seller has commissioned with payment processing.
5) Delivery and shipping conditions 5.1 The delivery of goods takes place on the shipping route to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address stored by the customer at Myshopify is decisive. 5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller. This does not apply with regard to the shipping costs if the customer effectively exercises his right of withdrawal. For the return costs, if the customer exercises his right of withdrawal, the provisions made in the seller’s cancellation policy apply. 5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred when the goods are handed over to the customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold, even with consumers, is already transferred to the customer as soon as the seller sends the goods to the carrier, the carrier or the other person responsible for carrying out the shipment. Copyright © 2021, IT-Recht-Kanzlei · Alter Messeplatz 2 · 80339 Munich Tel: +49 (0) 89/130 1433 - 0 · Fax: +49 (0) 89/130 1433 - 60 has delivered to a specific person or institution if the customer has the freight forwarder, the carrier or the person or institution otherwise assigned to carry 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 self-delivery. This only applies in the event that the non-delivery is not the responsibility of the seller and the seller has concluded a specific covering transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of the unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be reimbursed immediately.
6) Retention of title 6.1 In relation to consumers, the seller reserves title to 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 goods delivered until all claims from an ongoing business relationship have been settled in full. 6.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all claims against third parties arising from this to the seller in advance in the amount of the respective invoice value (including sales tax). 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 fall into arrears and no application has been made to open insolvency proceedings.
7) Liability for defects (warranty) If the purchased item is defective, the provisions of statutory liability for defects apply. Deviating from this, the following applies: 7.1 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 fundamentally excluded; - The statute of limitations does not start again if, within the scope of liability for defects, a Copyright © 2021, IT-Recht-Kanzlei · Alter Messeplatz 2 · 80339 Munich Tel: +49 (0) 89/130 1433 - 0 · Fax: +49 (0) 89/130 1433 - 60 Replacement delivery takes place. 7.2 The above-regulated liability restrictions and shortened deadlines do not apply - to items that have been used for a building in accordance with their normal use and have caused its defectiveness, - to claims for damages and reimbursement of expenses by the customer, and - in the event that the seller has the defect has fraudulently concealed. 7.3 In addition, it applies to entrepreneurs that the statutory limitation periods for the right of recourse according to § 445b BGB remain unaffected. 7.4 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 notification obligation in accordance with Section 377 of the German Commercial Code. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved. 7.5 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 If the customer acts as an entrepreneur, the seller is liable to him for all contractual, contractual and legal, including tortious claims for damages and reimbursement of expenses as follows: 8.1 The seller is unrestrictedly liable for any legal reason - in the event of willful intent or gross negligence intentional or negligent injury to life, body or health, - due to 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, the 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 to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on which the customer can regularly rely. 8.3 Otherwise liability on the part of the seller is excluded. Copyright © 2021, IT-Recht-Kanzlei Alter Messeplatz 2 80339 Munich Tel: +49 (0) 89/130 1433 - 0 Fax: +49 (0) 89/130 1433 - 60
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 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn. 10) Place of jurisdiction If the customer acts as a merchant, legal entity under public law or a special fund under public law with headquarters in the territory of the Federal Republic of Germany, the sole place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is always entitled to call the court at the customer's registered office. 11) Alternative dispute resolution 11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: www.ec.europa.eu/consumers/odr This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchases or sales Service contracts in which a consumer is involved. 11.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board. Copyright © 2021, IT-Recht-Kanzlei Alter Messeplatz 2 80339 Munich Tel: +49 (0) 89/130 1433 - 0 Fax: +49 (0) 89/130 1433 - 60