General Terms and Conditions (GTC) of the company Canutree UG (haftungsgeschränkt)

General Terms and Conditions (GTC) and Customer Information

I. General Terms and Conditions (GTC)

§ 1 Basic provisions of the GTC

(1)  The following general terms and conditions (GTC) apply to contracts that you conclude with us as a provider (Canutree UG (haftungsbeschränkt))  via the website https://canutree.de. Unless otherwise agreed, the inclusion of any terms and conditions of your own that you may have used is contradicted. 

(2)  A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.

§ 2 Conclusion of the contract Part 1

(1) The subject of the contract is the sale of goods . 

(2) As soon as you place the respective product on our website, we will make you a binding offer to conclude a contract under the conditions specified in the item description. 

(3) The contract is concluded via the online shopping cart system as follows:
The goods are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar. Changes can be made there.

After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page.

If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofort) as a payment method, you will either be taken to the order overview page in our online shop or you will be redirected to the website of the instant payment system provider.

If you are redirected to the respective instant payment system, make the corresponding selection or enter your data there. Afterwards, you will be redirected back to our online shop to the order overview page.

Before submitting the order, you have the opportunity to check all the information again. You can also make changes or cancel the purchase here.

By sending the order via the corresponding button ("Buy" or similar designation) you declare the legally binding acceptance of the offer. Thereby the contract is concluded.

§ 2 Conclusion of the contract Part 2

4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail). This means that you can accept the offer within 5 days (unless another period is specified in the respective offer). 

(5) The processing of the order or the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct. In addition, firstly, the receipt of e-mails must be technically guaranteed. Secondly, the receipt of the e-mail must not be prevented by SPAM filters. 

§ 3 Special agreements on payment methods offered


(1) Payment via Klarna
In collaboration with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options.
The payment is made in each case to Klarna:

Invoice: The payment term is 14 days from the date of dispatch of the goods/ticket/ or, in the case of other services, the:
Provision of the service. The full billing terms for the countries where this payment method is available
is you can find here: Germany, Austria.

Rate Purchase: With Klarna's financing service, you can pay for your purchase in fixed or flexible monthly installments at the rates specified in
the conditions specified in the cash register. The installment payment is due at the end of each month after sending a
monthly invoice due through Klarna. More information about the rate purchase including the general terms and conditions
and the European standard information for consumer credit for the countries in which this payment method is available can be found at
here (only available in the specified countries): Germany, Austria.


Instant bank transfer: Available in Germany and Austria. Your account will be debited immediately after submitting the
order.


Debit note: The debit will be made after the shipment of the goods. The time will be communicated to you by e-mail.


Credit card (Visa/Mastercard): Available in Germany and Austria. The debit takes place after shipment of the goods or
tickets / availability of the service or in case of subscription according to the communicated times.


The use of the payment methods invoice and / or installment purchase and / or direct debit requires a positive credit assessment. In this respect, we forward your data to Klarna for the purpose of the address and credit check as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check.
More information and Klarna's terms of use can be found here. You can get general information about Klarna here. Your
personal data will be processed by Klarna in accordance with the applicable data protection regulations and as specified treated in Klarna's Privacy Policy .
You can find more information about Klarna here. You can find the Klarna App here.

§ 4 Right of retention, reservation of title 

You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship. 

The goods remain our property until the purchase price has been paid in full. 

(3) If you are an entrepreneur, the following also applies: 

a) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Before the transfer of ownership of the goods subject to retention of title, a pledge or transfer of ownership by way of security is not permitted. 

b) You may resell the goods in the ordinary course of business. In this case you already now assign to us all claims in the amount of the invoice amount which accrue to you from the resale. You are further authorised to collect the claim. However, insofar as you do not meet your payment obligations in due time, we reserve the right to collect the claim ourselves. 

c) If the reserved goods are combined or mixed, we shall acquire co-ownership of the new item. In this case, the amount of the co-ownership corresponds to the ratio of the invoice value of the reserved goods to the other processed objects at the time of processing. 

d) We undertake to release the securities to which we are entitled if the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent upon us. 

§ 5 Warranty

(1) The statutory rights to liability for defects exist. 

(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage. Accordingly, please notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will have no effect on your statutory warranty claims. 

(3) Insofar as you are an entrepreneur, the foregoing warranty provisions shall apply in deviation from the foregoing:

a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the item.  Accordingly, other advertising, public promotions and statements of the manufacturer are excluded. 

b) In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or subsequent delivery. If the rectification of defects fails, you may, at your option, demand a reduction in price or withdraw from the contract. The removal of defects is considered to have failed after a second unsuccessful attempt.  However, this does not apply if the nature of the item or the defect or other circumstances indicate otherwise.

In the event of rectification, we shall not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance. This applies if the transfer does not correspond to the intended use of the goods. 

c) The warranty period is one year from delivery of the goods. The shortening of the period shall not apply: 

- culpably caused damages attributable to us from injury to life, body or health and in the case of other damages caused intentionally or by gross negligence

 – soweit wir den Mangel arglistig verschwiegen oder eine Garantie für die Beschaffenheit der Sache übernommen haben;

 - for items that have been used for a building in accordance with their normal use and have caused its defectiveness;

- in the case of statutory rights of recourse which you have against us in connection with defect rights. 

§ 6 Choice of law, place of performance, place of jurisdiction

(1) German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (favorability principle). 

(2) The place of performance for all services arising from the business relations with us and the place of jurisdiction is our registered office. If you are not a consumer but a merchant, a legal entity under public law or a special fund under public law, this shall not apply.
 The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to also bring an action before the court at another statutory place of jurisdiction remains unaffected by this. 

(3) The provisions of the UN Sales Convention are expressly not applicable. 

§ 7 Protection of minors

(1) When selling goods which are subject to the regulations of the law for the protection of minors, we only enter into contractual relationships with customers who have reached the legally required minimum age.
Existing age restrictions are indicated in the respective item description.
(2) By sending your order, you assure that you have reached the legally required minimum age and that the information you have provided regarding your name and address is correct. You are obliged to ensure that only you yourself or such persons authorized by you to receive the delivery, who have reached the legally prescribed minimum age, receive the goods.
(3) Insofar as we are obliged by law to carry out an age check, we shall instruct the person responsible for the
delivery, to hand over the delivery only to persons who have the legally required
minimum age and, in case of doubt, to have the identity card of the person receiving the goods presented for age verification.
(4) Insofar as we state in the respective item description that you must have reached the age of 18 in order to purchase the goods, the above paragraphs 1-3 shall apply with the proviso that you must have reached the age of majority instead of the legally required minimum age
.

II. Customer information 

1. Identity of the seller 

Canutree UG (haftungsbeschränkt) Bessemerstraße 82 / 10. OG Süd 12103 Berlin Deutschland 

Phone: +49 160 158 5970 
Mail: info@canutree.de 
Complaints office of the company:
Please always send complaints to the following e-mail address: reklamation@canutree.de 

Alternative dispute resolution: 

The European Commission provides a platform for out-of-court online dispute resolution (OS Platform), available at  https://ec.europa.eu/odr

2. Information on the conclusion of the contract 

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction possibilities are carried out in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I.). General Terms and Conditions (GTC) (Part I.)

3. Contract language, contract text storage 

3.1 Contract language is German. 

3.2 The complete text of the contract will not be stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions (GTC) will be sent to you again by e-mail. 

3.3 In the case of requests for quotations outside the online shopping cart system, you will receive all contractual data in text form as part of a binding offer, e.g. by e-mail, which you can print out or save electronically.

4. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and methods of payment

5.1 The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2 The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne additionally by you, unless free delivery has been promised.

5.3 Any costs arising from the transfer of money (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery is made to an EU member state, but the payment was arranged outside the European Union.

5.4 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.

5.5 Unless otherwise specified for the individual types of payment, the payment claims from the concluded contract are due for payment immediately.

5.6 If the delivery is made to countries outside the European Union, additional costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you.

6. Terms of delivery

6.1 The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer. Further information on shipping can be found here.

6.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during shipment is only transferred to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.

If you are an entrepreneur, the delivery and dispatch is at your risk.

7. Legal liability for defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

These general terms and conditions and customer information have been drawn up by the lawyers of the dealer association specialising in IT law and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found under:  https://www.haendlerbund.de/agb-service .

last update: 01.01.2021