General Terms and Conditions
General Terms and Conditions (GTC)
1. scope of application
The following GTC apply to all orders placed via our online shop by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor to his self-employed professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
These General Terms and Conditions shall also apply to future business relations with entrepreneurs without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.
2. Contractual partner, conclusion of contract
The sales contract is concluded with CANEUS Handels GmbH, Betriebsstraße II/3a, 2482 Münchendorf, Austria, e-mail: firstname.lastname@example.org, phone: +43 2259 83002, fax: +43 2259 83002-99.
By placing the products in the online shop, we make a binding offer to conclude a contract for these articles. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer of the goods contained in the shopping basket by clicking on the button Order for payment. Immediately after sending the order you will receive another confirmation by e-mail.
3. contract language, contract text storage
The language available for the conclusion of the contract is English. We save the text of the contract and send you the order data and our general terms and conditions by e-mail. You can view the contract text in our customer login.
4. Delivery conditions
In addition to the indicated product prices, shipping costs will be added. You can find out more about the shipping costs in the offers.
In principle, you have the option of collection from CANEUS Handels GmbH, Betriebsstraße II/3a, 2482 Münchendorf, Austria during the following business hours: Monday to Thursday from 9:00 to 18:00, Friday 09:00 to 17:00 except on public holidays.
The following payment methods are available in our shop:
payment in advance
If you choose to pay in advance, we will provide you with our bank details in a separate e-mail and deliver the goods after receipt of payment.
cash on delivery
You pay the purchase price directly to the deliverer. There are plus 9,90 Euro as costs for the use.
We use Stripe Payments Europe, Ltd. to process the credit card payment method.
Once you are identified as a legal cardholder, Stripe Payments Europe, Ltd. will request your credit card company to initiate the payment transaction immediately after placing your order. The payment transaction is carried out automatically by Stripe Payments Europe, Ltd. and your card is debited.
During the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction.
The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further information during the ordering process.
We use the company Stripe Payments Europe, Ltd. for the processing of the Sofort payment method.
After placing your order you will be redirected to the website of the online provider Sofort GmbH. In order to pay the invoice amount immediately, you must have an online banking account with PIN/TAN procedure that has been activated for participation in Sofort, you must authenticate yourself accordingly and confirm the payment order to us. You will receive further information during the ordering process. The payment transaction will be executed immediately thereafter by Immediately and your account will be debited.
Cash payment on pickup
You pay the invoice amount in cash on collection.
6. Retention of title
The goods remain our property until full payment has been received.
The following also applies to entrepreneurs:
We reserve title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of a combination or mixing of the reserved goods with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect the claims ourselves if you do not meet your payment obligations.
7. transport damage
If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or transport insurance.
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarder, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the obligation to examine and give notice of defects regulated in § 377 UGB (Austrian Commercial Code) applies. If you fail to make the notification stipulated there, the goods shall be deemed to have been approved, unless the defect was not identifiable during the inspection. This does not apply if we have fraudulently concealed a defect.
8. Warranty and guarantees
The statutory liability for defects law shall apply. Information on additional warranties and their exact conditions, if applicable, can be found with the product and on special information pages in the online shop.
Customer service: You can reach our customer service for questions, complaints and complaints on weekdays (Mon-Thu) from 9:00 am to 6:00 pm and (Fri) from 9:00 am to 5:00 pm by calling +43 2259 83002 or by e-mail at email@example.com.
For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation.
- in the event of injury to life, limb or health,
- in case of intentional or grossly negligent breach of duty,
- in the case of guarantee promises, if agreed,
- or insofar as the scope of application of the Product Liability Act has been opened up.
In the event of breach of essential contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely, (cardinal obligations) due to slight negligence by us, our legal representatives or vicarious agents, the liability is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. In all other respects, claims for damages are excluded.
10th settlement of disputes
The European Commission is providing an online dispute resolution (OS) platform, which can be found at https://ec.europa.eu/consumers/odr/.
We are prepared to participate in an out-of-court conciliation procedure before a consumer conciliation body.
11. final provisions
If you are an entrepreneur, Austrian law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are an entrepreneur within the meaning of the (UGB) Austrian Commercial Code or a public corporation, the exclusive place of jurisdiction for all disputes arising from contractual relationships is our place of business (Austria).
Status of the General Terms and Conditions: 06.06.2018
Created in cooperation with Wilde Beuger Solmecke Rechtsanwälte in cooperation with the Trusted Shops legal copywriter.