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General conditions of sale

§ 1 Scope of application

(1) These conditions of sale apply exclusively to entrepreneurs. We only recogn ize and agree to opposing or deviating conditions of sale if we explicitly agree to them in writing.

(2) These conditions of sale also apply to all future business transactions with the purchaser, as long as the future business consists of related legal transactions.

§ 2 Purchase order and conclusion of contract

A Purchase order signed by the customer/client is considered accepted and is a binding contract of purchase.

§ 3 Prices and payment and obligation of advanced payment by the purchaser

(1) Provided that no other agreement was made in writing, our prices are to be regarded ex stock, excluding packaging, and plus added value tax. Costs for packaging will be invoiced separately.
(2) The payment of the purchase price is to be carried out within one month of the signing of the purchase order. Payments are to be made exclusively to the bank account mentioned overleaf.
(3) Provided that no other agreement is made, the purchaser is obligated to pay the purchase price in advance, since all products are uniquely produced for the purchaser after the purchase order is accepted.

§ 4 Set-off and rights of retention

The purchaser is only permitted the right for a set-off if his counterclaims are legally ascertained and uncontested. The purchaser is only allowed to enact his right of retention if his counterclaim is based on the same contractual relationship.

§ 5 Delivery period

(1) The beginning of time of delivery indicated by us assumes that the purchaser complied with all of his contractual commitments and obligations in time and in proper form. The right for exception of an unfulfilled contract is reserved.
(2) We are allowed to demand compensation for damages, including possible additional expenditures, in case the purchaser violates any contractual obligations, including default of acceptance. The right for further pretensions on our behalf is reserved. Given that the abovementioned premises are present, the risk of random loss or random deterioration of the subject of purchase is transferred to the purchaser as soon as he violates his obligation to accept and receive and fully pay fort he purchased products.
§ 6 Transfer of perils during delivery
If the purchaser orders his order to be shipped to him, the risk of random loss or random deterioration of the ordered products is transferred to the purchaser at the time the order is being shipped, at the latest when the order leaves our warehouse or stock. This applies regardless of whether the shipment is made to the place of delivery or who is covering the costs of the shipment.

§ 7 Retention of ownership

(1) The ordered goods remain our property until the purchaser fully paid for them and until he complied with all of his contractual obligations. This applies to all future transactions as well, even if we do not explicitly state it again. We reserve the right to retain the ordered goods if the purchaser acts contrary to the contract. (2) The purchaser is obligated to treat the ordered goods carefully until full ownership is transferred to him. He is especially obligated to insure the matter of purchase adequately against theft and damages from fire and water up to its replacement value at his own expense. As long as ownership is not transferred to the purchaser, he has to inform us immediately in writing if the delivered goods are distrained or subject to any other influence of a third party. If the third party is unable to compensate us for judicial or extrajudicial costs of a lawsuit according to §771 ZPO, the purchaser is held responsible for compensation.
(3) The purchaser is allowed to resell the purchased goods that are subject to the reser- vation of title in the usual course of business. The goods can under no circumstances be sold through the world wide web, particularly not throughebay or similar platforms, as in this respect the web-shop of tobago c/o canvasco gmbh is the only authorized internet sales forum.In case of noncompliance the parties will yet agree upon a contract penalty the buyer, who is subject to the reservationof title, has to pay, amounting to the value of the goods offered through the www. This penalty will fall due as soon as the sales offer has appeared on the net. The purchaser cedes the claim of the consumer from the resale of the goods subjected to the reservation of the title to us through the concerted and invoiced final price (including sales tax). The purchaser reserves the right to collect the claim even after this cession. Our right to collect the claim ourselves is not infringed by this.

§ 8 Warranty and notification of defects as well as recourse

(1) The warranty-rights of the purchaser presuppose that he complied to his requirement to make a complaint in respect of a defect immediately on receipt of goods in accordance to 377 HGB.
(2) Claims connected to the notification of defects become time-barred within 12 days after the purchaser received the ordered goods. Our agreement is to be obtained before possible return consignments.
(3) Claims connected to the notification of defects are invalid if the delivered products deviate negligibly from the concerted appearance and workmanship, if their usability is impaired insignificantly, if the claims are connected to natural abrasion or wear out, or if the products are damaged after the transfer of perils as a result of faulty or careless treatment or excessive usage or due to particular external influences that are not presumed by this contract. If the purchaser or a third party perform improper repair work or alterations on the goods, no claims connected to the notification of defects can be made for these or resulting consequences.
(4) Pretensions of the purchaser due to expenditures for supplementary performance, in particular costs for transport, labor, and material, are excluded if the expenditures rise because the goods delivered by us are being placed ex post to a place different from the permanent establishment of the purchaser, unless the ex post placement of the goods is in accordance with their intended usage.
(5) The purchaser’s right of recourse applies only insofar as the purchaser made no agreement with his customer that exceed the legally compelling rights connected to the notification of defects.

§ 9 Miscellaneous

(1) This contract and all legal relationships between the involved parties are subject to the law of the Federal Republic of Germany under exclusion of the United Nations Convention on Contracts for the international sale of goods (CISG).
(2) Place of execution and exclusive place of jurisdiction for all disputes resulting from this contract is our address of record, unless stated otherwise in the confirmation of the order. (3) Alterations and amendments to this contract must be in written form. This also applies for the alteration of this written form clause. Verbal subsidiary agreements have not been made.
(4) The remaining terms stay intact, should single terms be invalid or should this contract include loopholes.