§ 1 Scope

(1) These terms and conditions of sale apply exclusively to entrepreneurs. We only recognize the purchaser's conditions that conflict with or deviate from our terms and conditions of sale if we expressly agree to their validity in writing. 

(2) These terms and conditions of sale also apply to all future transactions with the customer, as long as they involve legal transactions of a related nature.

§ 2 Order as conclusion of contract

The order signed by the customer is considered accepted and is a binding purchase contract.

§ 3 Prices and payment and advance performance obligation of the purchaser

(1) Unless otherwise agreed in writing, our prices are ex warehouse, excluding packaging and plus VAT at the applicable rate. Packaging costs will be charged seperately.

(2) Payment of the purchase price must be made within one month of signing the purchase contract exclusively to the account specified overleaf.

(3) Unless otherwise agreed, the purchaser is obliged to pay in advance with regard to the purchase price, as the ordered goods are manufactured as unique items only for the purchaser after the order has been accepted.

§ 4 Offsetting and retention rights

The customer only has the right to offset if his counterclaims have been legally established or are undisputed. The customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

§ 5 Delivery time

(1) The start of the delivery time specified by us requires the timely and proper fulfillment of the customer's obligations. The exception of the unfulfilled contract remains reserved.

(2) If the purchaser defaults on acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for any damage we incur, including any additional expenses. Further claims remain reserved. If the above conditions are met, the risk of accidental loss or accidental deterioration of the purchased item passes to the purchaser at the point in time at which the purchaser is in default of acceptance or debtor.

§ 6 Transfer of risk upon shipment

If the goods are sent to the customer at the customer's request, the risk of accidental loss or accidental deterioration of the goods passes to the customer upon dispatch to the customer, at the latest when they leave the warehouse. This applies regardless of whether the goods are shipped from the place of performance or who bears the freight costs.

This provision applies to entrepreneurs/resellers but not to end consumers.

§ 7 Retention of title

(1) We reserve ownership of the delivered item until all claims arising from the contract have been paid in full. This also applies to all future deliveries, even if we do not always expressly refer to this. We are entitled to take back the purchased item if the purchaser behaves in breach of contract.

(2) The purchaser is obliged to treat the purchased item with care as long as ownership has not yet been transferred to him. In particular, he is obliged to adequately insure them at their new value against theft, fire and water damage at his own expense. As long as ownership has not yet been transferred, the purchaser must notify us immediately in writing if the delivered item is seized or is subject to other interventions by third parties. If the third party is unable to reimburse us for the judicial and extrajudicial costs of a lawsuit in accordance with Section 771 ZPO, the purchaser is liable for the loss incurred by us.

(3) The purchaser is only entitled to resell the reserved goods in the normal course of business. - Under no circumstances via the World Wide Web - In particular not via eBay or other sales forums on the www, as only the internet shop of canvasco GmbH is the authorized sales system. For each violation, a contractual penalty to be paid by the reserved buyer is already in the amount of the value stated in the www. The items offered for sale are agreed upon with the appearance of the non-contractual sales offer on the www. becomes due. The customer hereby assigns the customer's claims from the resale of the reserved goods to us in the amount of the final invoice amount agreed with us (including VAT). The customer remains authorized to collect the claim even after the assignment. Our authority to collect the claim ourselves remains unaffected.

§ 8 Warranty and notice of defects as well as recourse

(1) The purchaser's warranty rights require that he has properly fulfilled his obligations to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB).

(2) Claims for defects expire 12 months after delivery of the goods we have delivered to our customer. Prior to returning the goods our permit is to be requested.

(3) Claims for defects do not apply if there is only an insignificant deviation from the agreed quality, if there is only an insignificant impairment of usability, if there is natural wear and tear or if there is damage that occurs after the transfer of risk as a result of incorrect or negligent handling, excessive stress or due to special external influences, which are not required under the contract. If repair work or changes are carried out improperly by the customer or third parties, there are no claims for defects for these or the resulting consequences.
We would like to point out that sails with original advertising printing when used as a bag may show signs of abrasion due to time and inappropriate use.

(4) Claims by the customer due to the expenses necessary for the purpose of supplementary performance, in particular transport, travel, labor and material costs, are excluded if the expenses increase because the goods delivered by us are subsequently delivered to a location other than the branch of the purchaser, unless the shipment corresponds to its intended use.

(5) The purchaser's recourse claims against us only exist to the extent that the purchaser has not made any agreements with his customer that go beyond the legally binding claims for defects.

§ 9 Buyer specifications and personal tailoring

There is no right of withdrawal or return for bags that are manufactured by the seller's configurator according to the buyer's specifications or clearly tailored to the buyer's personal needs, taking the buyer's wishes into account.

The production of the buyer-specified bags will not occur until they have been paid for in full by the buyer; In this respect, only the binding value date of the payment on the seller's account applies.

After full payment, the bags are usually delivered by the seller within one month.

We would like to point out that the “inner sails” of the bags ordered may have stains, as is common with all old sails.
We would also like to point out that the placement of the patch may differ slightly from the configurator image created. A 100% match is not guaranteed.
The colors shown in the configurator may differ slightly from the original depending on the screen display.

The availability of old sails varies. In the case of self-designed bags, special color requests or orders in large quantities, we reserve the right to use new sails (second choice) or sail-like materials (such as tarpaulins). In the spirit of upcycling, Canvasco bags are made from old sails. These can accordingly have varying characteristics such as seams, prints, eyelets or similar. These are not considered defects.

§ 10 Miscellaneous

(1) This contract and the entire legal relationship between the parties are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) Regulation (EC) No. 44/2001 v. also applies. December 22, 2000 of the Council on jurisdiction and the recognition and enforcement of decisions in civil and commercial matters (EuGVVO).

(3) The contract language is German.