Terms and Conditions of Cano Clothing Company GmbH
In the event of a conclusion of a contract, the sales contract will be concluded between you and Cano Clothing Company GmbH, represented by the managing directors Philipp Mayer and Lukas Pünder, Hansaallee 321 (Hall 18), 40549 Düsseldorf, Germany.
1. Scope and Definitions
(1) We sell our goods exclusively to consumers who are at least 18 years old. As customer, you are a consumer if the purpose of your order with us cannot be predominantly assigned to your commercial or self-employed activity, but for a predominantly private purpose. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of its commercial or independent professional activity.
(2) For the purchase of goods in our online shop, the following general terms and conditions apply in the version valid at the time of the conclusion of the contract. You can print or download our general terms and conditions at any time.
2. Conclusion of Contract
(1) The goods offered for sale in our online shop are merely an invitation to submit a legally binding purchase offer on your part to us. However, this does not result in a sale contract yet.
(2) You can collect the goods offered in our online shop in a virtual shopping cart by clicking the button "add to cart". You can order the goods in the shopping cart by clicking on the button "order subject to payment". Before you finally order the goods, you can view and change your data at any time. By clicking on the button "order subject to payment" and by clicking on the button "accept terms and conditions" you confirm that you accept our terms and conditions and submit a binding offer to purchase the goods.
(3) We will confirm your order immediately after receipt with an automated e-mail (confirmation of receipt). This is not yet an acceptance of your purchase offer, but merely an automated confirmation that we have received your order. This e-mail contains your order.
(4) The purchase contract is only concluded when we either expressly confirm this by e-mail (order confirmation) or when we send you the goods. At the latest with the order confirmation you will receive from us again our general terms and conditions including information on the right of withdrawal as well as the details of your order on a permanent data carrier (e-mail), which you can download or save.
(5) If a delivery of your ordered goods is unfortunately not possible, we will not accept your offer to purchase the goods and the contract will not be concluded. In this case we will refund any purchase price payments you may have already received without delay. Unless otherwise specified by you, we will use the means of payment you have used for payment.
3. Prices and Shipping Costs
The prices stated in the online shop are gross prices including the legal value added tax without the respective shipping costs. If shipping costs are incurred for your purchase, these will be displayed in the shopping cart and on completion of the order. Within Germany, the shipping of goods with a value of EUR 50.00 or more is free of charge for you. Outside Germany, the shipping of goods with a value of EUR 150.00 or more is free of charge for you.
4. Due Date and Means of Payment
The payment is due immediately with the order of the goods. As means of payment we accept Paypal and credit card (Visa).
5. Delivery Dates
(1) Unless otherwise specified by us, the goods are ready for immediate shipment. If, in exceptional cases, ordered goods are not immediately ready for dispatch, we will immediately inform you. The general delivery time for immediately available goods is 5 working days within Germany, 10 working days within Europe and 20 working days outside Europe from the time of conclusion of the contract.
(2) The risk of accidental loss and accidental deterioration of the ordered goods shall be borne by us and the risk shall not pass until the ordered goods are handed over to you or to a third party who is entitled to accept the goods.
6. Right of Revocation and Cancellation Policy:
As a consumer you have the right to cancel this contract within fourteen days without giving reasons. The period begins as soon as you or a third party entitled to accept the goods and who is not the carrier has received the goods. In order to exercise your right of withdrawal, you must notify us (Cano Clothing Company GmbH, Hansaallee 321 (Hall 18), 40549 Düsseldorf, E-Mail: email@example.com) by means of a clear statement (e.g. a letter or e-mail sent by post) about your decision to cancel this contract.
Alternatively, you can also revoke the purchase contract with us by simply returning the goods to us within 14 days of receipt of the goods. The day on which you send the goods back to us, addressed to us, is decisive for compliance with the 14-day period.
In order to make the revocation easy for you, you are welcome to use our enclosed sample revocation form, in which you enter your data. The use of the revocation form is voluntary.
Sample Revocation Form
If you want to cancel the contract, please fill out this form and send it back to us.
- To the Cano Clothing Company GmbH, Hansaallee 321 (Hall 18), 40549 Düsseldorf, Germany, e-mail firstname.lastname@example.org
- I/we (*) hereby revoke the contract concluded by me/us (*)
on the purchase of the following goods
- ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of communication on paper)
(*) Delete as applicable
Consequences of Revocation
If you cancel the contract, we shall refund to you all payments we have received from you, including delivery charges (except for additional costs resulting from your choice of a different method of delivery from the cheap standard delivery we offer), immediately and at the latest within fourteen days of the date on which we receive notification of your cancellation of this contract. For this refund we will use the same means of payment that you used for the original transaction, unless we have expressly agreed otherwise with you. Under no circumstances will you be charged for this refund. We may refuse a refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
We will bear the costs of returning the goods if your order is from Germany, if your order is from the rest of the world you will bear the direct costs of returning the goods in the event of cancellation.
You are only obliged to compensate us for any loss of value of the goods if the goods suffer a loss of value due to handling of the goods which was no longer necessary for testing the condition, properties and functionality of the goods.
End of the Cancellation Policy
(1) We shall be liable without limitation in cases of injury to life, body, health or the breach of essential contractual obligations (cardinal obligations) as well as for other damages resulting from an intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. Essential to the contract is the delivery of the goods ordered in the online shop.
(2) The limitation of liability according to (1) does not apply if we fraudulently concealed a defect in the goods or if we have assumed a guarantee for the quality of the goods.
(3) The use of the internet is at your own risk. In particular, we shall not be liable for any technical failure and access to the Internet.
(4) Apart from the liability according to (1), our liability for claims for damages is excluded.
(5) The regulations of the Product Liability Act remain unaffected by this exclusion of liability.
8. Sale of B-Stock
(1) In our online shop we also give you the opportunity to purchase B-goods on request. B-goods are products with minor defects and therefore we offer them at a reduced price. Concerning these defects, which we will inform you of in advance by e-mail, the statutory warranty law is excluded.
(2) If you are interested in purchasing B-goods, please contact us using the form available online and specify the desired product and your size so that we can check the availability of the corresponding B-goods. If you send us an inquiry, this is initially a non-binding request on your part, since we must first check availability and we will send you more detailed information on the specific product, including any defects in the B-goods, before the contract is concluded.
(3) If the desired B-goods are available, we will send you an offer to purchase the goods by sending you an e-mail with details of the existing defect in the goods and a photo. You can accept this offer to purchase the goods by sending us an e-mail in which you clearly state that you wish to purchase the goods and accept our terms and conditions in this regard.
(1) In the event of a material defect in the product purchased by you, you as the purchaser are entitled to claim against us the applicable statutory provisions on warranty law, in particular §§ 434 ff. BGB.
(2) If you buy B-goods from us, the warranty concerning the defects in the product, which we inform you of in writing before the conclusion of the contract, is excluded. As B-goods we sell such products which have minor defects and are therefore offered by us at a reduced price.
10. Reservation of Ownership
The goods remain our property until the purchase price has been paid in full.
11. Copyright Law
We are the copyright owner of all pictures, texts and films published in our online shop. Any use of these images, texts and films is not permitted without our express prior consent. If you would like to use pictures, texts or films from our online shop, please contact us in advance and describe the intended use.
12. Customer Service
If you have any problems or questions during the ordering process or after purchasing the goods, please contact our customer service, which you can reach at the following e-mail: email@example.com.
13. Final Provisions
(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order with us as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
(2) The EU Commission has created an Internet platform for the online settlement of disputes. The platform serves as a contact point for out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Status: January 2020