general terms and conditions

for the online shop at the URL

https://altispowersports.eu/

operated by

Canbuz GmbH
Bockholtstraße 104
41460 Neuss
Germany
E-mail: info@canbuz.com
Phone: +491704910717

- hereinafter referred to as: Provider -

1. Scope

1.1 These General Terms and Conditions (GTC) apply, once incorporated, to all contracts concluded for the purchase of goods, services or other items (hereinafter "goods") in the online shop at the above URL, in the version valid at the time the contract is concluded. These GTC apply exclusively. Deviating terms and conditions of the customer do not become part of the contract unless the Provider expressly agrees to them.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their trade, business or profession.

2. Conclusion of Contract

2.1 The offers in the online shop constitute a non-binding invitation by the Provider to shop visitors to submit an offer to purchase the goods presented in the shop.

2.2 Goods are ordered via the Provider's online order form. After selecting the desired goods, entering all required mandatory information and completing all further mandatory steps of the ordering process, the selected goods can be ordered by clicking the order button at the end of the checkout page (order). By placing the order, the customer submits a binding contractual offer to purchase the selected goods. The contract is concluded when the Provider accepts the customer's offer. Acceptance takes place when the Provider confirms the conclusion of the contract in writing or in text form (e.g. by e-mail) and this order confirmation reaches the customer, or when the ordered goods are delivered and reach the customer, or when the customer is requested to pay (e.g. invoice or card payment during the ordering process) and this payment request reaches the customer; the decisive point in time is whichever of these alternatives occurs first.

2.3 The customer is bound by their order for five days from the time it is received by the Provider. If the Provider does not accept the order within this period, the customer is no longer bound by their offer; any payments already made will be refunded without undue delay.

2.4 Before submitting a binding order, the customer can review their entries and correct them at any time using the usual keyboard, mouse, touch or other available input functions. In addition, all entries are displayed once more in a confirmation window before the order is submitted and can be corrected there as well.

2.5 The Provider will store the text of the contract after the contract has been concluded and transmit it to the customer in text form (e.g. by e-mail). The Provider does not make the contract text accessible beyond this.

2.6 The following languages are available for the conclusion of the contract: German and English. The language version of these GTC in which the ordering process was completed shall govern the contract.

3. Right of Withdrawal for Consumers

3.1 Consumers generally have a right of withdrawal in respect of distance contracts and contracts concluded away from business premises. Details can be found in the withdrawal policy, which is made available to every consumer no later than immediately before the contract is concluded.

3.2 Consumers habitually resident in another EU Member State are entitled to the corresponding statutory right of withdrawal or cancellation under the law of that Member State. It is exercised in accordance with the withdrawal policy; the information given there on the period, the form and the cost of returning the goods applies accordingly.

4. Prices and Payment

4.1 The prices listed in the online shop at the time of the order apply. All prices are final prices and include the applicable statutory value added tax; any shipping costs listed are added. The shipping costs applicable to the respective delivery are shown to the customer before the order is submitted. The customer is informed about the available payment methods in the Provider's online shop.

4.2 If "advance payment" is agreed, the purchase price is due immediately after the contract is concluded.

4.3 If "purchase on account" is agreed, payment is due immediately after the contract is concluded, unless a different payment term is stated on the invoice or during the purchase process.

4.4 If "SEPA direct debit" is agreed, payment is due immediately after the contract is concluded. Before the purchase price is debited, the customer is informed when the debit can be expected (pre-notification). The direct debit is not carried out before this pre-notification has been received and not before the period stated in the pre-notification has elapsed. If the direct debit fails due to insufficient funds, incorrect bank details or other reasons for which the customer is responsible, the customer bears any return debit fees incurred, provided that the customer is responsible for the failure. Such fees are limited to the costs actually incurred by the Provider.

4.5 If payment by credit or debit card is agreed, the purchase price is due immediately after the contract is concluded.

4.6 If payment via "PayPal" is agreed, the purchase price is due immediately after the contract is concluded. Payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.

4.7 If "Sofortüberweisung" (instant bank transfer) is agreed, the purchase price is due immediately after the contract is concluded. Payment is processed by Sofort GmbH, Theresienhöhe 12, 80339 Munich, Germany.

4.8 If "Apple Pay" is selected as the payment method, payment is processed by Apple Inc., Infinite Loop, Cupertino, CA 95014, USA. Payment is due immediately after the contract is concluded.

4.9 If "Google Pay" is selected as the payment method, payment is processed by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Payment is due immediately after the contract is concluded.

4.10 If "VISA" is selected as the payment method, payment is processed by Visa Europe Services Inc., London Branch, 1 Sheldon Square, London W2 6TT, United Kingdom. Payment is due immediately after the contract is concluded.

4.11 If the customer defaults on payment, the statutory provisions apply. Vis-à-vis consumers, reminder and collection costs are claimed only in the amount actually incurred and only to the extent necessary and reasonable for the appropriate pursuit of the claim.

5. Retention of Title

The goods purchased remain the property of the Provider until the purchase price has been paid in full.

6. Delivery, Delivery Restrictions and Reservation of Self-Supply

6.1 Unless otherwise agreed, delivery is made within the delivery time stated in the online shop to the delivery address provided by the customer. The applicable delivery times can be found in the online shop.

6.2 The Provider delivers to the countries that can be selected during the ordering process. Delivery to other countries is not possible; collection in person remains unaffected.

6.3 Unless otherwise agreed, freight deliveries are made "free kerbside". This means delivery up to the nearest public kerbside to the delivery address provided. Transport into the customer's home, into a garage or up any stairs is not included. The freight forwarder contacts the customer in advance to arrange a delivery date.

6.4 Alternatively, the customer may collect the goods free of charge at the collection point stated in the online shop. The customer will be informed as soon as the order is ready for collection.

6.5 The Provider may withdraw from the contract if, through no fault of its own, it is unable to deliver the ordered goods because its supplier has failed to supply it despite a specific and binding order placed before the contract was concluded, and because alternative procurement is neither possible nor reasonable. The Provider bears the procurement risk where it has expressly assumed it or where the goods were shown as being in stock in the online shop. The Provider will inform the customer of the unavailability without undue delay and will refund any payments already made in full without undue delay, and in any event within 14 days. The customer's statutory rights, in particular any claim for damages, remain unaffected.

7. Warranty

7.1 The statutory provisions on liability for defects apply. The customer's statutory warranty rights apply in full; they are neither shortened nor excluded vis-à-vis consumers.

7.2 Consumers habitually resident in another EU Member State additionally enjoy the protection of the mandatory warranty provisions of the law of that Member State.

7.3 A guarantee going beyond the statutory warranty exists only where it is expressly granted in the relevant product description or in separate guarantee conditions. Statutory warranty rights are not restricted by any guarantee.

8. Liability and Indemnification

8.1 The Provider is liable without limitation:
  • for damage arising from injury to life, body or health based on an intentional or negligent breach of duty by the Provider or by a legal representative or vicarious agent of the Provider;
  • for damage based on an intentional or grossly negligent breach of duty by the Provider or by a legal representative or vicarious agent of the Provider;
  • on the basis of a guarantee promise, unless otherwise provided;
  • on the basis of mandatory liability (e.g. under the German Product Liability Act).
8.2 In all other respects, the Provider is liable to consumers in accordance with the statutory provisions. Liability towards consumers is not limited.

8.3 The following applies in addition vis-à-vis entrepreneurs: if the Provider slightly negligently breaches a material contractual obligation, its liability is limited to the typical, foreseeable damage. Material contractual obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the contractual partner may regularly rely. In all other respects, liability towards entrepreneurs for slight negligence is excluded.

8.4 If the customer is an entrepreneur, the customer shall indemnify the Provider against claims by third parties asserted against the Provider as a result of unlawful or contractually non-compliant conduct by the customer. Vis-à-vis consumers, the statutory provisions apply exclusively in this respect.

9. Data Protection

The Provider treats its customers' personal data confidentially and in accordance with the statutory data protection provisions. Further details can be found in the Provider's privacy policy.

10. Final Provisions

10.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Vis-à-vis consumers, this choice of law applies only to the extent that the consumer is not thereby deprived of the protection afforded by the mandatory provisions of the law of the country in which they are habitually resident.

10.2 Consumers habitually resident in another EU Member State therefore additionally enjoy the protection of the mandatory consumer protection provisions of that Member State. Where provisions of these GTC deviate from those mandatory provisions to the detriment of the consumer, the mandatory provisions of the consumer's country of residence prevail.

10.3 If the customer is a merchant, a legal entity under public law or a special fund under public law, the court at the Provider's registered office has jurisdiction, unless an exclusive place of jurisdiction is established for the dispute. This also applies if the customer has no domicile within the European Union. The registered office of the company can be found in the heading of these GTC.

10.4 For consumers, the statutory places of jurisdiction apply. Consumers may bring proceedings against the Provider before the courts of their country of residence and may only be sued there.

10.5 Should any provision of this contract be or become invalid or unenforceable, the remaining provisions shall not be affected.

11. Information on Consumer Dispute Resolution

The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Our e-mail address can be found in the heading of these GTC.