general terms and conditions

for the online shop at the URL

https://altispowersports.eu/

operated by

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

- hereinafter referred to as: Provider -

1. Scope

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 of conclusion of the contract. These GTC apply exclusively. Deviating GTC of the customer shall not become part of the contract unless the Provider expressly agrees to them.

2. Conclusion of Contract

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

2.2 The order of the goods is placed via the Provider's online order form. After selecting the desired goods, entering all required mandatory information and completing all other mandatory steps in 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 occurs when the Provider confirms the conclusion of the contract in writing or in text form (e.g. by email) (order confirmation) 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 credit card payment during the ordering process) and the payment request reaches the customer; the relevant time of conclusion of the contract is the time at which one of the alternatives mentioned in the first half-sentence first occurs.

2.3 Before submitting a binding order via the Provider's online order form, 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 binding submission of the order and can also be corrected there using the usual input functions.

2.4 The Provider will store the contract text after conclusion of the contract and transmit it to the customer in text form (e.g. by email). The Provider will not make the contract text accessible beyond this. If the purchase was made via a customer account in the online shop, the customer can view their orders and the associated order data there.

2.5 The following languages are available for the conclusion of the contract: German.

3. Right of Withdrawal for Consumers

Consumers generally have a right of withdrawal for contracts concluded outside business premises and for distance contracts. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Details can be found in the cancellation policy, which is made available to every consumer no later than immediately before conclusion of the contract.

4. Payment, Default

4.1 The prices listed in the online shop at the time of the order apply. All prices are inclusive of the statutory value added tax and plus any shipping costs listed. The customer will be informed about the available payment options in the Provider's online shop.

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

4.3 If "purchase on account / invoice purchase" is agreed, payment is due immediately after conclusion of the contract, unless a different payment deadline is specified in the invoice or during the purchase process.

4.4 If "SEPA direct debit" is agreed, payment is due immediately after conclusion of the contract. Before the purchase price is debited, the customer will be informed when they can expect the agreed purchase price to be debited (pre-notification). The direct debit will not be made before this pre-notification is received and not before the deadline stated in the pre-notification. If the direct debit fails due to insufficient funds, the provision of incorrect bank details or for other reasons attributable to the customer, the customer shall bear any return debit fees incurred, provided that the customer is responsible for the failure of the direct debit.

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

4.6 If payment via "PayPal" is agreed, the purchase price is due immediately after conclusion of the contract. Payment processing is carried out via 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 conclusion of the contract. Payment processing is carried out via Sofort GmbH, Theresienhöhe 12, 80339 Munich.

4.8 If "Apple Pay" is selected as the payment method, payment processing is carried out via the payment service Apple Inc., Infinite Loop, Cupertino, CA 95014, USA. Payment is due immediately after conclusion of the contract.

4.9 If "Google Pay" is selected as the payment method, payment processing is carried out via Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Payment is due immediately after conclusion of the contract.

4.10 If "VISA" is selected as the payment method, payment processing is carried out via Visa Europe Services Inc., London Branch, 1 Sheldon Square, London W2 6TT, United Kingdom. Payment is due immediately after conclusion of the contract.

5. Retention of Title

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

6. Delivery and Reservation of Self-Supply

6.1 Unless otherwise agreed, delivery shall be 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 For freight deliveries, delivery shall be made "free curbside" unless otherwise agreed. This means delivery up to the nearest public curb to the specified delivery address.

6.3 If the Provider is unable to deliver the ordered goods because, through no fault of its own, it has not itself been supplied, despite having concluded a congruent covering transaction with a reliable supplier in good time, the Provider shall be released from its obligation to perform and may withdraw from the contract. The Provider is obliged to inform the customer immediately of the impossibility of performance. Any counter-performance already rendered by the contractual partner will be reimbursed to them immediately. Mandatory consumer law shall not be affected by this paragraph.

7. Warranty

The statutory provisions on defect warranty shall apply.

8. Liability and Indemnification

8.1 The Provider shall be liable without limitation:

• for damages arising from injury to life, body or health based on an intentional or negligent breach of duty by the Provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Provider;
• for damages based on an intentional or grossly negligent breach of duty by the Provider or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the Provider;
• on the basis of a guarantee promise, insofar as no other provision has been made in this regard;
• on the basis of mandatory liability (e.g. under the Product Liability Act).

8.2 If the Provider negligently breaches a material contractual obligation, its liability shall be limited to the typically foreseeable damage, unless unlimited liability applies pursuant to the preceding paragraph. Material contractual obligations are obligations which the contract imposes on the Provider according to its content for the achievement of the purpose of the contract, whose fulfilment makes the proper performance of the contract possible in the first place, and on whose compliance the customer may regularly rely.

8.3 In all other respects, liability of the Provider and the liability of its vicarious agents and legal representatives is excluded.

8.4 The customer shall indemnify the Provider against any claims by third parties – including the costs of legal defence at the statutory level – which are asserted against the Provider due to unlawful or contractually non-compliant actions by the customer.

9. Data Protection

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

10. Final Provisions

10.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods, insofar as this choice of law does not result in a consumer habitually resident in the EU being deprived of the mandatory legal provisions of the law of their country of residence.

10.2 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 shall have jurisdiction, unless an exclusive place of jurisdiction is established for the dispute. This also applies if the customer does not have a domicile within the European Union. The registered office of our company can be found in the heading of these GTC.

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

11. Information on Online Dispute Resolution / Consumer Arbitration

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

Our email address can be found in the heading of these GTC.