Terms of service

Terms and Conditions with Customer Information

Scope
Offers and Service Descriptions
Order Process and Conclusion of Contract
Prices and Shipping Costs
Delivery, Product Availability
Payment Methods
Retention of Title
Warranty for Defects and Guarantees
Liability
Right of Withdrawal
Exclusion of the Right of Withdrawal
Returns
Return Costs in Case of Withdrawal
Storage of Contract Text
Data Protection
Place of Jurisdiction, Applicable Law, Contract Language

1. Scope

1.1. The provider and contractual partner for the goods displayed in the online shop "Kanela" at www.kanela.one is XYZ Venture Studio GmbH, Von-der-Tann-Str. 2, 80539 Munich (hereinafter referred to as "provider").

1.2. These General Terms and Conditions (hereinafter referred to as "GTC") apply exclusively to the business relationship between the provider (hereinafter referred to as "kanela") and the customer (hereinafter referred to as "customer"). The version of the GTC valid at the time of the order shall apply.

1.3. A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly are outside his or her trade, business, or profession (§ 13 BGB).

2. Offers and Service Descriptions

2.1. The presentation of products in the Kanela online shop does not constitute a legally binding offer. It is subject to change and non-binding.

2.2. All offers are valid "while stocks last" unless otherwise noted for the products. Errors are excepted.

2.3. The provider offers the items displayed in the online shop for purchase. The color representation of the articles on the internet site may vary slightly depending on the internet browser and monitor settings used by the customer; these variations are technically unavoidable.

2.4. Some items shown in the pictures are for decorative purposes only and are not included in the offer. In case of uncertainties, please contact the kanela customer support through our contact form or via email at "team@kanela.one".

3. Order Process and Conclusion of Contract

3.1. The customer can select products from the provider's range without obligation and collect them in a so-called shopping cart using the button [Add to Cart].

3.2. The customer can then proceed to complete the order process within the shopping cart using the button [Proceed to Checkout].

3.3. By completing the order process in the online shop by clicking the order button [Buy], the customer submits a binding offer to purchase the goods in the shopping cart. The customer can view and change the data at any time before submitting the order. Required information is marked with an asterisk (*).

3.4. With each order placed in the online shop, the provider sends the customer an automatic confirmation email that lists the details of the customer's order and confirms the receipt of the order (order confirmation). This order confirmation does not constitute acceptance of the contract (except for the payment method "prepayment"), but merely informs the customer that the order has been received by the provider.

The purchase contract is only concluded when the provider confirms the customer's order by sending an explicit order confirmation via email or by delivering, handing over, or shipping the goods within 3 days.

3.5. If the customer has chosen the payment method "prepayment", the purchase contract is already concluded with the email confirming the receipt of the customer's order.

If the payment is not received despite being due even after another request within 10 calendar days after receipt of the order confirmation email, the provider withdraws from the contract with the result that the order is void and the provider has no obligation to deliver. The order is then completed without further consequences for both the buyer and the provider. Therefore, an item reservation for prepayment orders is made for a maximum of 10 calendar days.

3.6 The order form used during the order is not stored by the provider and cannot be retrieved after the order process is completed. However, the customer can print or save the order data immediately after submitting the order.

3.7 All products of the provider in the online shop are only sold in household quantities. This applies both to the number of products ordered as part of one order and to placing multiple orders of the same product, where the individual orders cover a household quantity.

4. Prices and Offers

4.1. The prices indicated in the online shop of the provider are in EURO and include the applicable statutory value-added tax.

4.2. In addition to the stated prices, the provider charges shipping costs for delivery (see 5 below).

5. Delivery, Product Availability, Shipping Costs

5.1. If no copies of the product selected by the customer are available at the time of the customer's order, the provider will inform the customer of this in the order confirmation. If the product is permanently unavailable, the provider will refrain from making a declaration of acceptance. In this case, no contract is concluded.

5.2. If the product designated by the customer in the order is only temporarily unavailable, the provider will also inform the customer of this immediately in the order confirmation. In the case of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In this case, the provider is also entitled to withdraw from the contract. Any payments already made by the customer will be refunded immediately. If prepayment has been agreed, delivery will take place after the invoice amount has been received.

5.3 If a purchase contract has come into effect according to the above provisions, the goods will arrive at the customer within 2 to 14 working days after the purchase contract is concluded. Deviating delivery times are noted for the respective item. The shipping costs are already partially included in the prices.

5.4 For deliveries outside the EU, customs fees may apply. The amount of customs costs depends on the order amount. Any costs are the responsibility of the buyer and must be borne by them. Deliveries outside the EU must first be requested via the contact form or via email to "team@kanela.one".

6. Payment Methods

6.1. The selection of the available payment methods is made by the customer as part of and before the completion of the order process.

6.2. The invoice amount is due upon acceptance of the order by the provider or, in the case of prepayment, upon receipt of the proforma invoice sent by confirmation email.

6.3. If payment on account is possible, the payment must be made within 30 days after receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.

6.3. If third-party providers are commissioned with the payment processing, e.g., PayPal, their general terms and conditions apply.

6.4. If the payment is due according to the calendar, the customer will be in default by missing the deadline. In this case, the customer must pay default interest of 5% above the base rate announced by the European Central Bank per year.

6.5. If the provider can prove a higher damage caused by the delay, the provider is entitled to claim it. kanela reserves the right to pass on the claims.

6.6. The customer has a right to offset only if their counterclaims are legally established or recognized by the provider. The customer can only exercise a right of retention if the claims result from the same contractual relationship.

7. Retention of Title

The delivered goods remain the property of the provider until full payment is made.

8. Warranty for Defects and Guarantee

8.1. If there is a defect in the purchased item, the statutory provisions apply.

8.2. A guarantee exists for the goods delivered by the provider only if it has been expressly given.

9. Liability

Warranty claims are based on statutory provisions.

9.1. For liability of the provider for damages, the following exclusions and limitations apply regardless of the other legal requirements for claims.

9.2. The provider is liable without limitation if the cause of the damage is based on intent or gross negligence.

9.3. Furthermore, the provider is liable for the slightly negligent violation of essential obligations, the violation of which jeopardizes the achievement of the contractual purpose, or for the violation of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies. In this case, however, the provider is only liable for the foreseeable, contract-typical damage. The provider is not liable for the slightly negligent violation of obligations other than those mentioned in the preceding sentences.

9.4. The above liability limitations do not apply in case of injury to life, body, and health, for a defect after assuming a guarantee for the quality of the product, and in case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

9.5. If the provider's liability is excluded or limited, this also applies to the personal liability of employees, representatives, and agents.

10. Right of Withdrawal

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.

To exercise your right of withdrawal, you must inform us (XYZ Venture Studio GmbH, Von-der-Tann-Str. 2, 80539 Munich, admin@kanela.one) by means of a clear declaration (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us at:

XYZ Venture Studio GmbH, Winzerstr. 18, 79379 Müllheim,

without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will have to bear the direct cost of returning the goods.

Voluntary Return Policy up to 60 Days after Receipt of Goods

For all purchases on kanela.one, we grant you a voluntary return policy of a total of 60 days from receipt of goods, in addition to the statutory right of withdrawal. The voluntary return policy applies, as does the statutory right of withdrawal, only to consumers within the meaning of § 13 BGB. With this return policy, you can also withdraw from the contract after the 14-day withdrawal period has expired (see above for withdrawal information) by returning the goods to us within 60 days of their receipt (the period begins on the day of receipt of the goods). The prerequisite for exercising the voluntary return policy is that the goods are returned in their entirety, in their original condition, undamaged and without any harm. In case of return, please contact us, and we will arrange a pickup date, but only at the same delivery location. The return costs must be borne by the customer. For pillows, blankets, and toppers, the customer must return the goods independently at a DHL station. The voluntary return policy does not apply to the purchase of gift vouchers.

The refund will be made to the account you used for payment. For payments by invoice, bank transfer in advance, instant transfer, and direct debit, the refund will be transferred to the account from which the transfer/direct debit was made. If you paid by PayPal or credit card, the refund will be made to the associated PayPal/credit card account.

Pillows and blankets may only be inspected (like in a retail store) for the return policy to apply, and must not be tested (e.g., slept on).

Your statutory right of withdrawal remains unaffected by compliance with our rules for the additional contractual (voluntary) return policy and exists independently of this. Until the expiry of the period for the statutory right of withdrawal, exclusively the statutory conditions listed therein apply. The contractual (voluntary) return policy also does not limit your statutory warranty rights, which remain unrestricted.

We reserve the right to refuse the 60-day voluntary return policy if the order is placed by a person working for a competitor or associated with a competitor company. This applies to all offered products.

11. Exclusion of the Right of Withdrawal

The right of withdrawal does not exist for the following contracts unless the parties have agreed otherwise:

Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual choice or decision by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer,
Contracts for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded,
Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery,
Contracts for the delivery of goods that, due to their nature, are inseparably mixed with other goods after delivery,
Contracts for the delivery of alcoholic beverages, the price of which was agreed upon at the time of conclusion of the contract, but which can be delivered no earlier than 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence,
Contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery,
Contracts for the delivery of newspapers, periodicals, or magazines, with the exception of subscription contracts.

12. Returns

12.1. Customers are asked to notify the seller of the return before returning the goods: via email to team@kanela.one to announce the return. This allows the seller to assign the products as quickly as possible.

12.2. If you withdraw from this contract, we shall reimburse all payments we have received from you, including the costs of delivery (except for the additional costs arising from the fact that you have chosen a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. We will use the same means of payment for this reimbursement that you used for the initial transaction unless expressly agreed otherwise with you; in no case will you be charged fees for this reimbursement. We may refuse reimbursement until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.

12.3. The modalities mentioned in this section (No. 12) of the GTC are not a prerequisite for the effective exercise of the right of withdrawal according to No. 10 of these GTC.

13. Return Costs in Case of Withdrawal

13.1. If the customer is a consumer, they must bear the regular costs of return in the event of a withdrawal (see No. 10 of these GTC).

13.2. Otherwise, the return is free of charge for the customer.

14. Storage of Contract Text

14.1. The order form used during the order is stored by the seller. The customer can print or save the order data immediately after submitting the order. The GTC are available online.

14.2. The seller also sends the customer an automatic order confirmation with all order data to the email address provided by them. The customer also receives a copy of the GTC with their order.

15. Data Protection

15.1. On the seller's website, the customer is asked for personal data. The seller processes the customer's personal data for a specific purpose and in accordance with legal provisions.

15.2. The personal data provided for the purpose of ordering goods are stored and used by the seller for the fulfillment and handling of the contract. These data are treated confidentially and not passed on to third parties who are not involved in the order, delivery, and payment process.

15.3. The customer has the right to request free information about the personal data stored about them by the seller. Additionally, they have the right to correct incorrect data, block, and delete their personal data, as long as there is no legal obligation to retain them.

15.4. Further information about the type, scope, location, and purpose of the collection, processing, and use of the personal data required for the execution of orders, as well as the registration for the email notification service and the transmission of necessary personal data by the seller, can be found in the privacy policy.

16. Place of Jurisdiction, Applicable Law, Contract Language

16.1. The law of the Federal Republic of Germany applies. This choice of law does not apply to the mandatory consumer protection provisions of the country in which the customer has their habitual residence.

16.2. The place of jurisdiction and performance for all disputes is the seller's place of business, provided the customer is a merchant, a legal entity under public law, or a special fund under public law.

16.3. The contract language is German.

16.4. The European Commission provides a platform for online dispute resolution (ODR), which you can find here http://ec.europa.eu/consumers/odr/. We are willing to participate in an out-of-court arbitration procedure before a consumer arbitration board.