Terms and Conditions

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") regarding all deliveries of goods made via the Canchana GmbH online shop. Deviating 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 made.

1.3. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. 1

1.4. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity. 3

1.5. Depending on the product description, the contract may involve a one-time delivery or a continuous 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 contract

2.1. The product presentations in the Canchana GmbH online shop merely represent an invitation to submit an offer. They are not to be understood as a binding offer by 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 accepts the offer within five working days, either by:

  • Sending an order confirmation in text form (e-mail, 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 by Canchana GmbH.

If no acceptance is made within this period, the offer shall be deemed rejected and the customer shall no longer be bound by it.

2.4. Payments via PayPal are processed 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 declares acceptance of the customer's offer at the time the order process is completed by the customer.

2.5. Payments with Amazon Payments are processed via 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 issues a payment order to Amazon, and Canchana GmbH declares acceptance of the offer at the time of the payment process.

2.6. The contract text will be stored by Canchana GmbH and sent to the customer in text form (e.g., by email) after the order has been placed. It will not be made available to any other parties. If the customer has set up a user account in the online shop, they can view their order data 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 are generally conducted via email. The customer is responsible for ensuring that the email address provided is correct and that emails can be received by Canchana GmbH (please 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 VAT and exclude any shipping costs, which will be stated 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 for which the customer is responsible, the customer shall bear the resulting costs.

5.3. For consumers, the risk of accidental loss and accidental deterioration of the goods passes to the customer upon delivery. For businesses, the risk passes upon delivery of the goods to the freight forwarder, carrier, or other person or institution designated for shipment.

5.4. Canchana GmbH reserves the right to withdraw from the contract if the goods are not available for reasons beyond Canchana GmbH's 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 of subscription contracts

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

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

6.3. Termination may be made in writing, in text form (e.g., by email) or via the termination function provided on the Canchana GmbH website.

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 on liability for defects apply.

8.2 The following applies to entrepreneurs:

  • The limitation period for 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 shall be 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 only liable for other damages if a material contractual obligation (cardinal obligation) has been breached. In this case, liability is limited to the typical , foreseeable damage.

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 with a specific period of validity can only be redeemed in the Canchana GmbH online shop and within the specified period.

10.2. Promotional vouchers are redeemable only by consumers.

10.3. Individual products may be excluded from the voucher promotion. Relevant restrictions are 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 refunded.

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 payments to the respective holder of the promotional voucher with discharging effect.

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 the event of misuse or suspected fraud.

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

11. Redemption of gift vouchers

11.1. Gift vouchers purchased in the Canchana GmbH online shop can also only be redeemed 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 date of purchase. Any remaining balance will be credited to the customer until the expiration date.

11.3 Gift vouchers can be redeemed before the order process is completed; 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 and not to purchase additional 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 may make payments to the respective gift voucher holder with discharging effect.

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

12. Applicable law

All legal relationships between Canchana GmbH and the customer are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, however, this choice of law 1 applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which the consumer has their 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 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 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 neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Subject to changes and errors.