General Terms and Conditions of CANVORY
Our general terms and conditions available on the Internet apply to all orders in our online shop. We recommend that you print out your order details immediately after submitting your order together with the general terms and conditions underlying the order. We do not save the contract text. We will send you the order data by email. For security reasons, your order details are no longer accessible on the Internet. You can view past orders in your customer account. All offers and promotions in advertising material and in the online shop are only valid while stocks last. We ask for your understanding that the delivery is only made in normal household quantities. All prices are in euros or the respective selected currency including the respective statutory value added tax and plus shipping costs. Illustrations are for illustration, the description of the item is binding. The amount of the shipping costs can be found under point 7 of the terms and conditions or here. The shipping costs are also displayed during the ordering process.
2. Cancellation policy
You have the right to withdraw from this contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods. However, the period does not begin before the purchase contract has become binding for you by your approval of the purchased item.
In order to exercise your right of withdrawal, you have to contact us (Xalara GmbH, Mentlgasse 2, AT-6020 Innsbruck, fax: +43 (0) 1 3052 364, email: [email protected]) by means of a clear statement (eg a with letter sent by post, fax or email) informing you of your decision to cancel this contract. You can use the attached model withdrawal form, which is not required. You will receive immediately from us a confirmation of the receipt of such a revocation.
To maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this contract, we will have all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different type of delivery than the cheapest standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notice of your cancellation of this contract has been received by us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We may refuse to repay you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any event, no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline for packaged goods is respected if you send the goods before the expiry of the period of fourteen days.
The consumer has to bear the costs of the insured return of the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling of the goods which is not necessary for the examination of the condition, characteristics and function of the goods.
End of revocation
3. Exclusion / termination of the right of revocation
A right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is authoritative or which are clearly tailored to the personal needs of the consumer and it expires prematurely in contracts for the delivery of sealed goods not suitable for return for reasons of health or hygiene, and sound or video recordings or computer software supplied in a sealed package when their seal has been removed or damaged after delivery. These include all aroma products such as flowers, oils, extracts, etc.
4. Contract language
The contract, order and business language is German.
5. Delivery area
Orders and deliveries are only possible within the European Union, the United States of America and Canada. If you want a delivery to non-EU countries, we will try to help you. The delivery takes place only in usual household quantities.
6. Validity of prices
The prices quoted on CANVORY are online prices in Euros (including VAT) unless expressly stated in a different currency.
7. Delivery costs
Delivery costs per order and delivery address: The respective delivery costs are displayed in the ordering process and can be viewed at the following link.
For items that are delivered by freight carrier due to their bulkiness or weight, we charge an additional shipping fee of € 35.00, regardless of the value of the goods.
7.1. Undeliverable shipments
In the event that a shipment can not be delivered, the Post will charge us a return fee of € 20.00 per shipment. In the case of incomplete or incorrect delivery address, refusal of acceptance, failure to pick-up or delivery, or similar. caused by the customer these costs will be charged to the customer and billed separately. Postage costs, return costs and any applicable COD charges are to be borne fully by the customer in this case.
What payment options do you have with your order?
8.1. Prepayment by free SEPA transfer
When choosing the payment method in advance, we call you our bank details in the order confirmation. For transfers from non-European foreign countries, any bank charges are to be borne by the customer. The total amount must be transferred to our account within 5 working days from receipt of the order confirmation. The delivery period begins with receipt of the total amount.
8.2. Credit card
You can order online with us by credit card. Simply select "Credit Card" under "Payment Method". We accept MasterCard and Visa. In addition to the credit card company, the card number and the validity period, we need the check digit of your credit card. The check digit is a 3-digit number on the back of your credit card, which ensures payment security on the Internet.
9. Late payment
Please note that additional costs will be incurred if you are in debt.
In the event of a debt default on a cash purchase, we are entitled to current interest at the rate of 1.65% per month (19.8% p.a.) To calculate current account. This gives an effective interest rate of 21.7% p.a.
In addition, we are entitled, in the event of a culpable late payment in the case of a cash or partial payment, reminder charges, insofar as these are required for appropriate legal action and in a reasonable proportion to the demanded amount, in the amount of € 10.95 up to a maximum of € 15.95 per reminder to charge. If our reminders are unsuccessful, we will commission a collection agency to collect the receivables and charge an administration fee of € 9.90 for an open claim up to € 100.00, and a processing fee of € € for an open claim of over € 100.00 to € 200.00 29.90, with an open demand of over € 200.00 to € 500.00 a processing fee of € 44.90, as well as an open claim of more than € 500 a processing fee of € 59.90 into account. In addition to these costs, all costs incurred by the collection agency and charged to us, the maximum amount of which results from the ordinance on the maximum rates for debt collection agencies (Federal Law Gazette No. 141/96), shall be borne by the culpably defaulting customer, insofar as these costs appropriate and necessary for proper prosecution.
If you should be in default of payment, you undertake to immediately notify a change of your last known address, otherwise we are entitled to charge for the costs of discovery in the amount of € 46.36 per required survey.
Cost table according to the Ordinance on maximum rates for collection agencies as per Federal Law Gazette 141/96 valorized as of 1.1.2016
Transferred receivables balance
18,20 € to 73,00 €
73,00 € to 366,00 €
366,00 € to 727,00 €
above 727,00 €
Reminder fee for 1st reminder
Reminder fee for further reminder
Evidence maintenance fees per started 1/4 year
The payments are credited first to interest and costs. (As of February 2018)
10. Retention of title
We reserve ownership of all goods delivered by us until the purchase price has been paid in full.
11. Electronic communication
You agree that the contract-related communication can be in electronic form.
11.1 Customer account
The customer undertakes to provide all data (name, address, telephone, e-mail, date of birth, etc.) truthfully during registration. Only one customer account is allowed per customer. In the event of a violation, we reserve the right to block the customer's account.
12. data protection
Data protection is very important to us. How do we process your data?
We strictly adhere to the provisions of the Data Protection Act when using and processing your data. Your data necessary for the transaction will be stored and, if necessary for the order processing and the promotion of our own product and service offer, to the CANVORY Group based in Switzerland and our partner companies based in the EU for customer service, delivery and Fulfillment of contract as well as for the production and dispatch of promotional materials. Our partners have been carefully selected and committed to us in accordance with the legal requirements for the confidentiality of your information and our own privacy standards. In particular, our partners are not permitted to pass on the data of our customers to third parties for their own or advertising purposes.
If we make an advance payment, for example when making an invoice, we process and transmit your credit card name, date of birth, address and, in the event of late payment, the outstanding balance to CRIF GmbH, Diefenbachgasse 35, to safeguard our legitimate interests , 1150 Vienna.
12.2. fraud prevention
The data is stored by Risk.Ident in a database for fraud prevention. The database also stores data transmitted by us to Risk.Ident on devices that have already been used for (attempted) fraudulent activity. Also in this respect there is no assignment to specific users.
As part of an order process on our website, we retrieve a risk assessment from the Risk.Ident database to the user's device. This risk assessment on the likelihood of a fraud attempt takes into account, among other things, whether the terminal has dialed in via various service providers, whether the terminal has a frequently changing geo-reference, how many transactions were made via the terminal and if a proxy connection is used.
12.3. Anonymous storage of transaction data
On CANVORY you will receive personal recommendations. These are based on items that you have ever viewed, searched or bought on CANVORY. This "information" is stored anonymously in a so-called cookie. Your personal information, such as Name, date of birth and address are not saved and a conclusion on your person is not possible.
12.4. Web Tracking
Google Analytics, a web analytics service provided by Google Inc., collects and stores anonymised data on this website. This data is used to analyze visitor behavior. Cookies can be used. These are small text files that are stored locally on the computer of the site visitor and thus enable recognition when revisiting our website. The IP address of the site visitors is shortened by Google before saving and thus anonymized. You may object to Google's data collection and storage at any time with future effect.
On CANVORY, based on the terms and conditions, information about the surfing behavior of the website visitors is collected and stored anonymously for marketing purposes, this is done for the statistical evaluation of our website. This data is stored on your computer using so-called "cookie" text files and allows us to anonymously analyze the surfing behavior. For example, from which city a website visitor comes, which browser type and which operating system the website visitor uses and which pages he has visited on the website. A direct personal reference is excluded. The collected data is only used to improve the offer, so all IP addresses are truncated so that IP addresses are only processed in anonymous form. There is no other use or disclosure to third parties. The storage of the data takes place indefinitely.
12.5. Integration in social plug-ins
On CANVORY social plugins from Facebook, Google, Twitter and Pinterest are used to make the online shop more personal. For this we use the "LIKE" button (also known as the "Like" button) the "Google +1" button, the Twitter "Tweet This" button and the Pinterest "Pin-It" button. These are offers from the US company Facebook Inc. (1601 S. California Ave., Palo Alto, CA 94304, USA), Google Inc. (1600 Amphitheater Parkway, Mountain View, CA 94043, USA), Twitter Inc. (795 Folsom St., Suite 600, San Francisco, CA 94107, USA) and Pinterest Inc. (808 Brannan Street, San Francisco, CA 94103, USA).
12.6. Retargeting technologies
This website uses internet retargeting technology. This makes it possible to specifically target those Internet users with advertising who are already interested in our shop and our products. From studies we know that the display of personalized, interest-based advertising for the Internet user is more interesting than advertising, which has no such personal reference. The display of the advertising material takes place during retargeting on the basis of a cookie-based analysis of the previous user behavior. Of course, no personal data are stored in this case, and of course, the use of retargeting technology takes place in compliance with the applicable legal data protection regulations.
CANVORY collaborates with Google Inc. (1600 Amphitheater Parkway, Mountain View, CA 94043, USA). If you do not want to receive interest-based advertising from Google Inc., you can disable this feature on Google here.
Please note: The opt-out is held in the form of a cookie. If you delete all cookies on your computer, this opt-out cookie will also be deleted; Therefore, if you still want to object to the anonymized data collection by web tracking, you must set again the opt-out cookie. The opt-out cookie is set per browser and per computer.
12.7. Google Analytics
This website uses Google Analytics, a web analytics service provided by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA ("Google"). Google Analytics uses "cookies", which are text files that are stored on your computer and that allow an analysis of the use of this website by you. The information generated by the cookie about your use of our website is usually transmitted to and stored by Google on servers in the United States.
We point out that on this website Google Analytics has been extended by the code "gat._anonymizeIp ();" in order to ensure an anonymous collection of IP addresses (so-called IP-Masking). Your IP address will therefore be collected by Google at our behest only in an abbreviated form, which ensures anonymization and no conclusions about your identity. By activating the IP anonymization on this website, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there. Google will use this information on our behalf to evaluate your use of our website, to compile reports on website activities and to provide us with other services related to website and internet usage. The IP address provided by Google Analytics within the framework of Google Analytics will not be merged with other data provided by Google.
You can prevent the storage of cookies by setting your browser software accordingly; However, we point out that in this case you may not be able to use all the features of this website in full. You may also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google, by downloading the browser plug-in available under the following link and install.
12.8. Receipt of commercial messages
You agree that your name, your date of birth, your address as well as your e-mail address and your telephone number will be used and forwarded to subsequent cooperation partners and you agree to this, both from us and from the cooperation partners listed below for advertising purposes (eg newsletter, product or service information, etc.) by mail, SMS, phone call or email:
XALARA SARL, Xalara GmbH
This consent can be revoked by you at any time. In this case, please contact our customer service.
13. Right to information, authorization, blocking and deletion of stored data
You have the right to free information, correction, blocking and deletion of your stored data at any time. You can contact us in this matter in writing via email at [email protected] or by post to the company location indicated in the imprint. This right is limited only insofar as we can suspend the deletion in order to safeguard our claims.
14. Disclaimer for external links
We refer to our pages with links to other sites on the Internet. For all these links applies: We expressly declare that we have no influence on the design and content of the linked pages. Therefore, we dissociate ourselves hereby expressly from all contents of all linked third-party sites on CANVORY and do not adopt this content. This statement applies to all displayed links and to all contents of the pages to which links lead.
15. Image rights
All image rights are with us or our partners. Even partial use of images is not permitted without our express consent.
Your warranty claims are governed by the statutory provisions. The legal warranty period is 24 months from receipt of the goods. Any warranty granted by a third party (manufacturer, importer, etc.) shall be taken from the product description enclosed with the goods. As a result, the statutory warranty obligation of CANVORY is not restricted.
For business transactions, i. For purchases made by companies within the meaning of § 1 para 1 no. 1 KSchG, the statutory warranty period applies.
When shipping the goods in consumer transactions, the risk of loss or damage to the goods only passes to the consumer, as soon as the goods are delivered to the consumer or to a different from this specific carrier third parties.
We acknowledge the extrajudicial arbitration body of the label and the Internet Ombudsman.
17. Complaints procedure
We undertake to participate in disputes in the mediation process of the Internet Ombudsman:
Further information on the types of proceedings at www.ombudsmann.at or in the respective procedural guidelines:
Procedural guidelines of the Internet Ombudsman for Alternative Dispute Resolution under the AStG (AStG arbitration) here
Guidelines for the mediation procedure of the Internet Ombudsman outside the scope of the AStG (standard procedure) here
The EU Commission offers the possibility of online dispute resolution on an online platform operated by it. This platform can be reached via the external link http://ec.europa.eu/consumers/odr/
Our e-mail address: [email protected]
18. Applicable law
For all legal transactions, the application of Austrian law under exclusion of the UN Sales Convention is agreed.
If a customer is a consumer according to KSchG, any dispute will be brought before the court in whose district the domicile, habitual residence or place of employment of the customer is located. In all other cases, the relevant court at the company location is agreed as the place of jurisdiction.
21. Self-commitment clause
We expressly point out that we do not ship alcoholic beverages and tobacco to minors. By accepting the terms and conditions in the course of the order, you confirm that you have reached the age of 18 years. By placing your order, you warrant that you are authorized to purchase alcoholic beverages and tobacco. Furthermore, we are entitled to withhold the delivery if necessary, when purchasing alcoholic beverages and / or tobacco goods until proof of age has been provided.
22. Provider Identification Imprint of the seller
Commercial register number: FN 505661 w
Commercial register court: Commercial Court Innsbruck
Sales tax identification number: ATU74201428
Media owner, publisher, publisher:
Company registration number: CH-020.4.060.079-8
Commercial Register: Commercial Court Zürich
Sales tax identification number: CHE-239.287.658
In case of questions or complaints please contact our customer service: Simply contact!
23. Cancellation form
Model withdrawal form
If you want to revoke the contract, please fill out this form and send it back to: Xalara GmbH, Mentlgasse 2, AT-6020 Innsbruck
Fax: +43 (0) 1 3052 364, eMail: [email protected]
In case of doubt, the German version of our terms and conditions and not the non-binding translation.