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Terms & Conditions

General Terms and Conditions of CANVORY

1. Scope

All orders in our online shop are subject to our general terms and conditions, which are available on the internet. We recommend that you print out your order details immediately after submitting your order together with the terms and conditions underlying the order. We do not save the contract text. We will send you the order data by email. Your order details are no longer accessible via the Internet for security reasons. Past orders can be viewed in your customer account. All offers and promotions in advertising materials and in the online shop are valid only while stocks last. We ask for your understanding that the delivery is only made in normal household quantities. All prices are in Euro including the applicable VAT and plus shipping costs. The amount of shipping costs can be found under point 7 of the Terms or here. The shipping costs are also displayed during the ordering process.

2. Cancellation policy

Revocation

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.

Um Dein Widerrufsrecht auszuüben, musst Du uns (Xalara GmbH, Unterbergerstr. 21 - 27, AT-6020 Innsbruck, Telefax: +43 (0) 1 3052 364, eMail: [email protected]) mittels einer eindeutigen Erklärung (z.B. ein mit der Post versandter Brief, Telefax oder eMail) über Deinen Entschluss, diesen Vertrag zu widerrufen, informieren. Du kannst dafür das beigefügte Muster-Widerrufsformular verwenden, das jedoch nicht vorgeschrieben ist. Du erhälst von uns unverzüglich eine Bestätigung über den Eingang eines solchen Widerrufs.

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.

8. Payment

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.

9.1.

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.

9.2.

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 €

processing fee

28.00%

26,4 %

20,4 %

9,6 %

Reminder fee for 1st reminder

13,83 €

26,69 €

46,50 €

96,12 €

Reminder fee for further reminder

17,65 €

32,22 €

50,94 €

107,30 €

Evidence maintenance fees per started 1/4 year

8,08 €

19,25 €

37,43 €

37,43 €

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.

12. data protection

Data protection is very important to us. How do we process your data?

12.1. General

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.

Your contract data can be viewed in the individual customer login on CANVORY in the "My Account" area.

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

To avoid fraud, we use the services of Risk.Ident GmbH when operating our website. Risk.Ident uses cookies and other tracking technologies to collect and process data to identify the device used by the user and other information about the use of the website. An assignment to a specific user does not take place. Insofar as Risk.Ident collects IP addresses, an immediate enciphering takes place.

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.

CANVORY uses cookies to make online shopping as easy as possible. Cookies are text files that are stored on the user's computer when visiting a website. You can find out here which cookies CANVORY uses and how you can delete them yourself.

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.

We use the Facebook Custom Audience technology on this website, a tool provided by Facebook that allows us to measure and collect our users' data through the use of cookies, web beacons and similar technologies and thereby our advertising activities To make more effective on Facebook, for example, by displaying contributions only for visitors to our website. We do not pass any personal data to Facebook. The data collected with the help of this technology are transmitted exclusively encrypted to Facebook. Personal data of individual users are not visible to us. More information about this web technology can be found in the privacy policy of Facebook. You have the option to disable data collection via the Custom Audience technology here.


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).

If you visit a page of CANVORY that contains such a plug-in, this will create a direct link to Facebook, Twitter and Google+. If you are logged in to Facebook, Twitter or Google, you can assign the visit to your Facebook, Twitter or Google+ account. If you interact with the plug-ins, for example by clicking the "Like" button or by leaving a comment, the corresponding information will be transmitted directly from your browser to Facebook and stored there. Logging out on Facebook, Twitter or Google+ prevents the assignment of data to your profile. For the use of your data after a consent, the respective companies on their websites (Facebook privacy noticeGoogle privacy policyTwitter privacy policyPinterest Privacy Policyprovide detailed information regarding the nature, purpose and processing of your data. Here you will also find further information on your rights and options to protect your privacy and the possibility of contradiction.

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.

16. Warranty

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:

www.ombudsmann.at

Internet Ombudsmann

Margaretenstraße 70/2/10

AT-1050 Wien

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.

19. Jurisdiction

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

Xalara GmbH

Unterbergerstr. 21 - 27

AT-6020 Innsbruck

Commercial register number: FN 505661 w

Commercial register court: Commercial Court Innsbruck

Sales tax identification number: ATU74201428

Media owner, publisher, publisher:

Xalara GmbH

Plattenstr. 46

CH-8152 Glattbrugg

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 serviceSimply contact!

23. Cancellation form

Model withdrawal form

If you want to revoke the contract, please fill out this form and send it back toXalara GmbHUnterbergerstr. 21 - 27, 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.

Innsbruck, 29.01.2019