General Terms and Conditions (GTC) of Canchana GmbH

1. Scope

1.1. These General Terms and Conditions (GTC) govern the contractual relationship between Canchana GmbH, Obermeiers Feld 3, 33104 Paderborn, HRB 10223, represented by Managing Director Jakob Radtke (hereinafter "Canchana GmbH"), and its customers (consumers and businesses, hereinafter "Customer") with regard to all deliveries of goods made via the Canchana GmbH online shop. Any differing terms and conditions of the Customer are not recognized unless Canchana GmbH has expressly agreed to them in writing.

1.2. These terms and conditions also apply to contracts for the delivery of vouchers, unless separate provisions have been agreed upon.

1.3. A A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. ^¹

1.4. A An entrepreneur is a natural or legal person or a A legally capable partnership that, when concluding a legal transaction, is acting in the course of its commercial or ² This concerns independent professional activity. ³

1.5. Depending on the product description, the contract may cover a one-time delivery or ongoing delivery (subscription contract). In the case of subscription contracts, Canchana GmbH undertakes to regularly deliver the contractually agreed goods for the duration of the agreed term.

2. Conclusion of the contract

2.1. The product presentations in the Canchana GmbH online shop merely constitute an invitation to submit an offer. They are not to be understood as a binding offer from Canchana GmbH.

2.2. The customer submits his offer via the online order form by clicking the order button after completing the order process and selecting the desired goods.

2.3. Canchana GmbH will accept the offer within five working days, either by:

• Sending an order confirmation in text form (email, fax, letter), whereby the receipt of the confirmation by the customer is decisive,
• Delivery of the ordered goods, whereby the receipt of the goods by the customer is decisive, or
• Request for payment from Canchana GmbH.

If no acceptance is received within this period, the offer is considered rejected and the customer is no longer bound by it.

2.4. For payments via PayPal, processing is handled by PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg. PayPal's terms of use apply ( https://www.paypal.com/de/webapps/mpp/ua/useragreement-full ). By selecting a PayPal payment method during the ordering process, Canchana GmbH accepts the customer's offer at the time the customer completes the order.

2.5. Payments made via Amazon Payments are processed by Amazon Payments Europe sca, 38 avenue John F. Kennedy, L-1855 Luxembourg. The Amazon Payments Europe Terms of Use apply ( https://payments.amazon.de/help/201751590 ). By selecting "Amazon Payments" and completing the order process, the customer submits a payment order to Amazon, and Canchana GmbH accepts the offer at the time of payment.

2.6. The contract text is stored by Canchana GmbH and sent to the customer in text form (e.g., email) after the order is placed. It will not be made available in any other way. If the customer has created a user account in the online shop, they can view their order details there.

2.7. The customer has the opportunity to identify input errors before placing a binding order and to correct them if necessary.

2.8. The contract language is German.

2.9. Order processing and communication generally take place via email. The customer is responsible for ensuring that their provided email address is correct and that emails from Canchana GmbH can be received (check spam filters if necessary).

3. Right of withdrawal

3.1. Consumers have a statutory right of withdrawal.

3.2. The cancellation policy with detailed information on the right of cancellation is available on the Canchana GmbH website.

4. Prices and Payment Terms

4.1. All prices include statutory VAT and exclude any shipping costs, which will be shown separately.

4.2. The available payment methods are displayed in the online shop.

4.3. In addition to the payment methods already mentioned (PayPal, Amazon Payments), Canchana GmbH also offers payment by credit card (Visa, Mastercard, American Express). The credit card account will be charged upon completion of the order.

4.4. Canchana GmbH reserves the right to exclude certain payment methods in individual cases.

4.5. The bank details of Canchana GmbH are:

 IBAN: DE06 4726 0121 9500 0707 00
 BIC: DGPBDE3MXXX (VerbundVolksbank OWL)

5. Delivery and shipping conditions

5.1. Delivery will be made to the delivery address specified by the customer within the delivery area specified by Canchana GmbH.

5.2. If delivery cannot be made for reasons attributable to the customer, the customer shall bear the resulting costs.

5.3. In the case of consumers, the risk of accidental loss or accidental damage to the goods passes to the customer upon delivery. In the case of businesses, the risk passes upon delivery of the goods to the carrier, freight forwarder, or any other person or entity designated for shipment.

5.4. Canchana GmbH reserves the right to withdraw from the contract if the goods are unavailable for reasons beyond its control. In this case, the customer will be informed immediately and any payments already made will be refunded.

5.5. Self-collection is not possible for logistical reasons.

5.6. Vouchers will be sent to the customer via email.

6. Contract duration and termination for subscription contracts

6.1. Subscription contracts are for an indefinite period. closed and can be terminated by the customer at any time without observing a notice period.

6.2. The right to extraordinary termination for good cause remains unaffected. ⁴

6.3. Termination can be effected in writing, in text form (e.g. by e-mail) or via the termination function provided on the Canchana GmbH website, if applicable.

7. Retention of title

The delivered goods remain the property of Canchana GmbH until the purchase price has been paid in full.

8. Liability for defects (warranty)

8.1. The statutory provisions regarding liability for defects apply.

8.2. The following applies to entrepreneurs:

• The limitation period for claims based on defects is one year from delivery of the goods.
• The goods must be inspected immediately upon receipt and any defects must be reported to Canchana GmbH in writing within seven days.

9. Liability

9.1. Canchana GmbH is liable without limitation. for damages resulting from intent or gross negligence, as well as for damages resulting from injury to life, body or health. ⁵

9.2. Canchana GmbH is liable for other damages. only if a material contractual obligation (cardinal obligation) has been breached. In this case, liability is limited to the typical contractual damages, ⁶ foreseeable damage limited.

9.3. Liability under the Product Liability Act remains unaffected.

10. Redemption of promotional vouchers

10.1. Promotional vouchers issued free of charge by Canchana GmbH as part of promotional campaigns and which have a specific validity period, can only be redeemed in the Canchana GmbH online shop and within the specified period.

10.2. Promotional vouchers are only redeemable by consumers.

10.3. Individual products may be excluded from the voucher promotion. Any such restrictions will be noted on the promotional voucher.

10.4. Promotional vouchers must be redeemed before completing the order process; subsequent crediting is not possible.

10.5. Only one promotional voucher can be redeemed per order.

10.6. The value of the goods must be at least equal to the value of the promotional voucher. Any remaining balance will not be paid out.

10.7. If the value of the promotional voucher is insufficient to cover the order value, the difference can be paid using another payment method offered by Canchana GmbH.

10.8. Cash payment of the voucher value is not possible.

10.9. If the customer returns the goods paid for with the promotional voucher within the scope of their right of withdrawal, the value of the promotional voucher will not be refunded.

10.10. Promotional vouchers are transferable. Canchana GmbH may make payment with discharging effect to the respective holder of the promotional voucher.

10.11. The promotional voucher will not be replaced if it is lost or stolen.

10.12. Canchana GmbH reserves the right to revoke the validity of promotional vouchers in case of misuse or suspected fraud.

10.13. The respective terms and conditions of the promotional voucher also apply.

11. Redeeming gift vouchers

11.1. Gift vouchers that can be purchased in the online shop of Canchana GmbH are also only redeemable there, unless otherwise stated on the voucher itself.

11.2. Gift vouchers and remaining balances are redeemable until the end of the third year after the purchase date. Remaining balances will be credited to the customer until the expiry date.

11.3. Gift vouchers can be redeemed before completing the order process; subsequent crediting is not possible.

11.4. Multiple gift vouchers can be combined in one order.

11.5. Gift vouchers can only be used to purchase goods, not to purchase other gift vouchers.

11.6. If the value of the gift voucher is insufficient to cover the order value, the difference can be paid using another payment method offered by Canchana GmbH.

11.7. Cash payment of the voucher value is not possible.

11.8. Gift vouchers are transferable; Canchana GmbH can make payment with discharging effect to the respective holder of the gift voucher.

11.9. The gift voucher will not be replaced if it is lost or stolen.

12. Applicable Law

For all legal relationships between Canchana GmbH and the customer The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). This choice of law applies to consumers ^. however only insofar as this does not cause the Protection is withdrawn through mandatory provisions of the law of the state in which the consumer has his or her habitual residence. ²

13. Place of jurisdiction

The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is the registered office of Canchana ^3. Canchana GmbH, provided the customer is a merchant, a legal entity under public law, or a special fund under public law. However, Canchana GmbH reserves the right to also sue the customer at their general place of jurisdiction.

14. Alternative Dispute Resolution

The European Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

Canchana GmbH is eligible to participate in dispute resolution proceedings before a consumer arbitration board. neither obligated nor willing.

Subject to changes and errors.