Terms and Conditions
§1 Validity vis-à-vis entrepreneurs and definitions of terms
(1) The following General Terms and Conditions of Business apply to all deliveries between us and a consumer in the version valid at the time of the order.
A consumer is any natural person who enters into a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his independent professional activity (§ 13 BGB).
§2 Conclusion of a contract, storage of the contract text
(1) The following provisions regarding the conclusion of a contract apply to orders placed via our online store https://www.canvasnova.com.
(2) In the event of a contract being concluded, the contract is concluded with
Berberich & Hühn GbR
‘www.canvasnova.com’
Bgm.-Müller-Str. 2D
85560 Ebersberg
Bayern
Deutschland
Represented by:
Benedikt Hühn, Tobias Berberich
(3) The presentation of goods in our online shop does not constitute a legally binding offer of contract on our part, but is only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer submits a binding offer to conclude a purchase contract.
(4) When an order is received by our online shop, the following rules apply: the consumer submits a binding offer of a contract by successfully completing the order procedure provided in our online shop.
The order is placed in the following steps:
1) Select the desired goods
2) Confirm by clicking on the ‘Order’ button
3) Check the information in the shopping basket
4) Click on the ‘Checkout’ button
5) Log in to the online shop after registering and entering the login details (email address and password).
6) Review and correct the respective data entered.
7) Click on the ‘Buy now’ or ‘Buy’ button to submit the binding order
Before the binding submission of the order, the consumer can return to the website where the customer's details are recorded and correct input errors or cancel the order process by closing the internet browser by pressing the ‘back’ button contained in the internet browser used by him after checking his details. We will confirm receipt of the order immediately by sending an automatically generated e-mail (‘order confirmation’). With this, we accept your offer.
(5) Storage of the contract text for orders placed through our online store: We store the contract text and send you the order data and our terms and conditions by email. You can also view the terms and conditions at any time at https://canvasnova.de/terms-and-conditions. You can view your past orders in our customer area under My account --> My orders.
§3 Prices, shipping costs, payment, due date
(1) The prices quoted include statutory VAT and other price components. Any shipping costs are added.
(2) The consumer has the option of paying in advance, PayPal, credit card (Visa, Mastercard, American Express).
(3) If the consumer has chosen payment in advance, he undertakes to pay the purchase price immediately after conclusion of the contract.
§4 Delivery
(1) Unless we have clearly stated otherwise in the product description, all items offered by us are ready for dispatch immediately. Delivery will be made within 14 working days at the latest. In the case of payment in advance, the delivery period begins on the day after the payment order is sent to the bank responsible for the transfer and, for all other payment methods, on the day after the contract is concluded. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the deadline shall end on the next working day.
(2) The risk of accidental loss and accidental deterioration of the item sold shall not pass to the buyer until the item is handed over to the buyer, even in the case of sale by despatch.
§5 Retention of title
We reserve title to the goods until the purchase price has been paid in full.
§6 Right of cancellation of the customer as a consumer
As all our products are created according to your individual specifications and wishes, there is no right of cancellation in accordance with § 312g Para. 2 No. 1 BGB. This means that you cannot cancel or return your order, as each product is made especially for you and cannot be used for any other purpose.
Background:
Our artworks and prints are customised based on your personal specifications (size, material, motif, etc.). Due to this customised production, the products are not suitable for general resale and are therefore excluded from the statutory right of withdrawal.
Exceptions to the right of cancellation:
The right of cancellation does not apply to contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (§ 312g para. 2 no. 1 BGB).
Cancellation policy for non-customised products
If, in exceptional cases, we offer non-customised products (e.g. standard products without personalisation), the following right of withdrawal applies:
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise your right of cancellation, you must inform us
Berberich & Hühn GbR
"www.canvasnova.com"
Bgm.-Müller-Str. 2D
85560 Ebersberg
Bayern
Deutschland
Vertreten durch:
Benedikt Hühn, Tobias Berberich
support@canvasnova.com
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. You can use the attached sample cancellation form, but this is not mandatory.
Consequences of cancellation:
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired.
You shall bear the direct costs of returning the goods.
Exceptions to the right of cancellation:
There is no right of cancellation for contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
End of the cancellation policy
§7 Cancellation form
(If you wish to cancel the contract, please complete and return this form).
To :
Berberich & Hühn GbR
"www.canvasnova.com"
Bgm.-Müller-Str. 2D
85560 Ebersberg
Bayern
Deutschland
Vertreten durch:
Benedikt Hühn, Tobias Berberich
E-mail support@canvasnova.com
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
_____________________________________________________
Ordered on (*)/received on (*)
__________________
Name of the consumer(s)
_____________________________________________________
Address of the consumer(s)
_____________________________________________________
Signature of the consumer(s) (only for notification on paper)
__________________
Date of notification
__________________
(*) Delete as appropriate.
§8 Warranty
The statutory warranty regulations apply.
§ 9 Liability for content and copyrights
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Our products are customised using AI-supported technology. We would like to point out that the generated content is based on the information provided by the customer.
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The customer is obliged to ensure that his entries (e.g. descriptions in the questionnaire) do not infringe any rights of third parties (e.g. copyrights or trademark rights).
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Canvasnova reserves the right to use the content generated by customers for its own purposes, including but not limited to advertising, portfolio and marketing materials. It will be ensured that the content is used anonymously, unless the customer expressly agrees to be named.
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Should a third party assert claims due to an infringement of its rights, the customer shall indemnify Canvasnova against all associated costs and damages. This includes in particular claims based on copyright or trademark infringements.
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The use of the platform to create, upload or distribute content that violates applicable law or morality is strictly prohibited. This includes in particular:
a) Hate speech or discriminatory content based on age, gender, ethnic origin, religion or sexual orientation.
b) Content glorifying violence or depictions of physical violence.
c) Material protected by copyright without corresponding rights.
d) Protected trademarks and symbols without authorisation.
e) Pornographic or obscene content.
f) Sensitive personal data of third parties without their express consent. -
The customer retains all rights to the content generated by him. However, Canvasnova is granted a non-exclusive, worldwide and perpetual licence to use this content for the above-mentioned purposes.
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Canvasnova assumes no liability for infringements of copyrights, trademark rights or other legal provisions by the input or generated content provided by the customer.
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The Platform may only be used in accordance with applicable law. Any use for illegal activities is prohibited.
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If, in the customer's opinion, generated content violates applicable law, the customer is obliged to inform Canvasnova immediately.
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Canvasnova reserves the right to inform relevant authorities about illegal activities that become known in connection with the use of the platform.
§10 Contract language
The contract language is exclusively German.
Last update
Nov.2024