Terms & Conditions

General terms and conditions of business

1. Scope of application

For all orders via our online shop by consumers and entrepreneurs the following terms and conditions apply.

For contracts for the delivery of products presented by us in other ways, e.g. in a price list or a print catalogue, these GTCs apply accordingly, unless otherwise expressly regulated.

A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

In relation to entrepreneurs, these General Terms and Conditions shall also apply to future business relations without us having to refer to them again. If the entrepreneur uses conflicting or supplementary General Terms and Conditions of Business, their validity is hereby contradicted; they shall only become part of the contract if we have expressly agreed to them.

2. Contracting Party, Conclusion of Contract

The purchase contract is concluded with LYNDEN GmbH.

The presentation of the products in the online shop or product catalogue does not constitute a legally binding offer, but a non-binding catalogue. You may initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. By clicking on the order button, you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order is sent by e-mail immediately after sending the order. Furthermore, the customer can also order by e-mail, by post or by telephone.

When the contract with us is concluded depends on the payment method you have chosen:

Cash on delivery, invoice, SEPA direct debit, Paymorrow invoice purchase

We accept your order by sending an acceptance declaration in a separate e-mail or by delivering the goods within two days.

We accept your order by sending you a declaration of acceptance in a separate e-mail within two days, in which we provide you with our bank details.

Credit Card
When you place an order, you simultaneously send us your credit card details. After your legitimation as a legitimate cardholder, we request your credit card company to initiate the payment transaction and thereby accept your offer.

3. Contract Language, Contract Text Storage

The languages available for the conclusion of the contract are German and English. We save the text of the contract and send you the order data and our terms and conditions by e-mail. For security reasons the contract text cannot be accessible via the Internet.

4. Terms of Delivery

Shipping costs are added to the stated product prices. You can find out more about the amount of the shipping costs in the offers.

We only deliver by mail. Unfortunately, it is not possible to pick up the goods yourself.

Our services are exclusively subject to these Terms & Conditions. Conflicting conditions of the customer are only binding for us if and insofar as we have expressly acknowledged them in writing. Our General Terms and Conditions of Business shall also apply even if we carry out the delivery to the customer without reservation in the knowledge that the customer's conditions are contrary to or deviate from our General Terms and Conditions of Business.

5. Payment

In our shop, the following payment methods are available to you:

If you choose the payment method prepayment, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.

Cash on delivery:
You pay the purchase price directly to the deliverer. There are no further costs for this.

Credit Card:
When you place an order, you simultaneously send us your credit card details. After your legitimation as a legitimate cardholder, we will request your credit card company to initiate the payment transaction immediately after the order. The payment transaction is automatically carried out by the credit card company and your card is debited.

SEPA Direct Debit Scheme:
When you submit your order, you give us a SEPA direct debit mandate. We will inform you about the date of the debit (so-called prenotification). Upon submission of the SEPA Direct Debit Mandate, we request our bank to initiate the payment transaction. The payment transaction will be executed automatically and your account will be debited. The account will be debited before the goods are shipped. The period for the advance notice of the date of the account debit (so-called prenotification period) is 1 day.

Invoice Payment:

You pay the invoice amount after receiving the goods and the invoice by bank transfer to our bank account. We reserve the right to offer the purchase on account only after a successful credit check.

For corporate customers the following applies additionally: Payments are to be offset in any case according to § 366 para. 2 EGE. We are entitled to assign the claims arising from our business relationship.

6. Reservation of title

The goods remain our property until all outstanding and future claims have been paid in full.

For corporate customers the following applies additionally: We reserve the right of ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the reserved goods with a new item - in the amount of the invoice amount, and we accept this assignment. You shall remain entitled to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. In the case of open accounts, these goods subject to retention of title serve to secure our balance claim, which also includes any recourse claims, in particular from any liability arising from cheques or bills of exchange. The entrepreneur is entitled to treat or process the goods subject to retention of title within the scope of his regular business operations. The entrepreneur does not acquire ownership through any treatment, processing or transformation of the reserved goods, as he carries out this for us, but without obligating us. In the event of processing, transformation, combination, mixing and/or blending of the reserved goods with other goods not belonging to us by the Company, we shall be entitled to co-ownership of the manufactured item in the ratio of the invoice value of the processed reserved goods to the sum of the values of all other goods used in manufacture. If the Entrepreneur acquires full ownership of the new item, the Entrepreneur and we agree that the Entrepreneur shall grant us co-ownership of the new item in the ratio of the invoice value of the processed or combined, mixed or blended goods to the values of the other goods used. The Company shall keep the resulting full or co-ownership in safe custody for us free of charge.

If the entrepreneur defaults on payment to us, we shall be entitled to revoke the direct debit authorization and/or demand the return of the reserved goods, without the entrepreneur being entitled to a right of retention against this claim for return, where the counterclaim is not based on the same contractual relationship, and without us withdrawing from the contract as a result. In the event of revocation of the direct debit authorization, we are entitled to inform the third-party debtor of the assignment and to demand payment to us; the entrepreneur is obliged to immediately provide the information required to assert our rights and to hand over copies of the required delivery and invoice documents to us. If the value of the securities existing for us exceeds the claims not only temporarily by a total of more than 20%, we shall release securities of our choice in the corresponding amount at the request of the entrepreneur.

To assert the reservation of title, it is not necessary to withdraw from the contract, unless the customer is a consumer.

7. Transportation Damage

This applies to consumers:

If goods with obvious transport damages are delivered, please complain about such defects as soon as possible to the deliverer and contact us immediately. Failure to make a complaint or contact us will have no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.

The following applies to corporate customers:

The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the duty to examine and to give notice of defects regulated in § 377 HGB (German Commercial Code) applies. If you fail to make the notification regulated there, the goods shall be deemed to have been approved, unless the defect is one that was not recognisable during the inspection. This shall not apply if we have fraudulently concealed a defect.

8. Warranty and Guarantees

Unless expressly agreed otherwise below, the statutory liability for defects shall apply. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.

For corporate customers, the period of limitation for warranty claims is one year from the transfer of risk; the statutory periods of limitation for the right of recourse according to § 478 BGB remain unaffected.
In relation to entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not be liable for public statements by the manufacturer or other advertising statements.

If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion either by eliminating the defect (rectification) or by delivering a defect-free item (replacement).
The above restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents.

- in case of injury to life, body or health
- in the event of intentional or grossly negligent breach of duty or fraudulent intent
- in the event of breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- within the framework of a guarantee promise, if agreed
- as far as the scope of application of the product liability law is opened.
- Information on any additional warranties that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

Customer service: You can reach our customer service for questions, complaints and objections on workdays from 9:00 a.m. to 5:00 p.m. (Berlin time) under the telephone number +49 (0) 30 - 240 475 92 and by e-mail at support@mycanya.com.

9. Code of conduct

We have committed ourselves to the following codes of conduct:
Trusted Shops quality criteria
http://www.trustedshops.com/ts... TS_QUALITY_CRITERIA_en.pdf

10. Dispute Settlement

The European Commission provides an Online Dispute Resolution (OS) platform, which you can find here https://ec.europa.eu/consumers/odr/.
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer dispute resolution agency.

11. Protection of minors

If your order includes goods whose sale is subject to age restrictions, we will ensure that the customer has reached the required minimum age by using a reliable procedure involving a personal identity and age check. The deliverer only hands over the goods after the age check has been carried out and only to the orderer personally.

12. Final provisions

If you are a corporate customer, then German law applies under exclusion of the UN sales law.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our registered office; this shall apply in particular to proceedings in connection with this contract and its conclusion. The place of performance is the registered office of our company.