General Terms and Conditions

ARTICLE 1 – DEFINITIONS

The following definitions apply in these Terms and Conditions:

Withdrawal Period: the period within which the consumer can exercise their right of withdrawal;

Consumer: a natural person who is not acting for purposes related to their trade, business, craft, or profession and who enters into a distance contract with the seller;

Continuous Agreement: a distance contract concerning a series of products and/or services, with the delivery obligation spread over time;

Durable Medium: any device that enables the consumer or entrepreneur to store information for future reference and unaltered reproduction;

Right of Withdrawal: the consumer's right to cancel the distance contract within the withdrawal period;

Entrepreneur: a natural or legal person who offers products and/or services remotely to consumers;

Distance Contract: a contract concluded through exclusive use of one or more means of distance communication within a system organized by the entrepreneur;

Means of Distance Communication: a method used to conclude a contract without requiring the consumer and entrepreneur to be together in the same location;

Terms and Conditions: the present general terms and conditions of the entrepreneur.

ARTICLE 2 – ENTREPRENEUR IDENTIFICATION

Calensupply.com

Address: 989 Bearpaw Crescent, Zama City, Alberta T0H 0G5, Canada
Email: info@calensupply.com
Phone: +1 825 305 2903

ARTICLE 3 – SCOPE

These Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before concluding a distance contract, the consumer will receive access to the text of these Terms and Conditions. If this is not reasonably possible, the entrepreneur will inform the consumer how they can access the terms and that they will be sent free of charge upon request.

For electronic contracts, the text of these Terms and Conditions can also be provided electronically in a way that allows the consumer to easily store it on a durable medium.

If special product or service conditions apply alongside these Terms and Conditions, the consumer can always rely on the provision that is most favorable to them in case of conflict.

ARTICLE 4 – THE OFFER

If an offer has a limited duration or is subject to conditions, this will be clearly stated in the offer.

All offers are non-binding. The entrepreneur reserves the right to change content and pricing at any time.

Each offer will contain a complete and accurate description of the offered products and/or services. Illustrations are intended for reference and may differ from the actual products. Obvious mistakes or errors in the offer are not binding on the entrepreneur.

Every offer will clearly state the consumer's rights and obligations if they accept the offer, including:

  • any potential customs duties and import fees;
  • possible shipping costs;
  • the manner in which the agreement will be concluded and what steps are required;
  • whether or not the right of withdrawal applies;
  • the methods of payment, delivery, and execution of the agreement;
  • the period during which the offer or price remains valid;
  • any additional costs associated with remote communication if they differ from the standard rates;
  • how the contract, once concluded, will be archived and how the consumer can access it;
  • how the consumer can verify and, if necessary, correct the information provided;
  • available languages for concluding the contract in addition to English;
  • the applicable codes of conduct and how to access them;
  • the minimum duration of the distance contract if it involves a continuous or periodic supply of products or services.

ARTICLE 5 – CONCLUSION OF CONTRACT

The contract is concluded when the consumer accepts the offer and meets the stated conditions.

If the consumer accepts the offer electronically, the entrepreneur will promptly confirm receipt of acceptance electronically. Until receipt is confirmed, the consumer may revoke the contract.

When concluding an electronic contract, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data. If the consumer can pay electronically, the entrepreneur will implement suitable security measures.

The entrepreneur reserves the right, within legal limits, to investigate whether the consumer can meet their payment obligations, as well as any facts relevant to a responsible conclusion of the distance contract. If there are valid reasons, the entrepreneur may refuse an order or attach special conditions to its execution.

At the latest upon delivery of the product, the entrepreneur will provide the following information in writing or on a durable medium:

  • the entrepreneur’s business address for consumer complaints;
  • information regarding the right of withdrawal or a clear statement of exclusion of the right;
  • details about after-sales service and warranties;
  • the conditions under Article 4, unless already provided prior to the conclusion of the contract;
  • the conditions for terminating contracts of indefinite duration.

For continuous service contracts, the information needs to be provided only with the first delivery.

The agreement is subject to the availability of the ordered products.

ARTICLE 6 – RIGHT OF WITHDRAWAL

When purchasing products, the consumer has the right to withdraw from the contract within 30 days without providing any reason. The withdrawal period starts the day after the consumer, or a third party designated by the consumer (other than the carrier), has received the product.

During the withdrawal period, the consumer must handle the product and its packaging with care. Products should only be unpacked or used to the extent necessary to judge their nature, characteristics, and functioning. If the consumer exercises their right of withdrawal, they must return the product, along with all delivered accessories and, if reasonably possible, in its original condition and packaging, according to the entrepreneur’s provided instructions.

The consumer must declare the withdrawal in writing or via email within 30 days after receiving the product. The product must then be returned within 30 days of the withdrawal declaration. The consumer is responsible for timely shipping and should retain proof of dispatch if necessary.

If the consumer neither declares withdrawal nor returns the product within the time limits, the purchase is considered final.

ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL

If the consumer exercises the right of withdrawal, they will bear the costs for returning the products.

If the consumer has already made a payment, the entrepreneur will refund the amount as quickly as possible, and no later than 14 days after receiving the returned products or receiving proof of return shipment.

ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL

Exclusion of the right of withdrawal is only possible under the following conditions and must be clearly stated in the offer or, at the latest, prior to the conclusion of the contract:

The right of withdrawal may be excluded for the following products:

  • Products made to the consumer’s specifications;
  • Products clearly personalized;
  • Products that cannot be returned for hygiene reasons once their seal has been broken;
  • Products that by their nature cannot be returned;
  • Perishable goods or goods with a limited shelf life;
  • Products subject to fluctuations in the financial market beyond the entrepreneur’s control;
  • Single issues of newspapers or magazines;
  • Sealed audio or video recordings or sealed computer software that has been unsealed after delivery.

The right of withdrawal may be excluded for the following services:

  • Services related to accommodation, transport, catering, or leisure activities if the contract specifies a specific date or period for execution;
  • Services whose execution began with the consumer’s explicit consent before the withdrawal period expired;
  • Betting and lottery services.

ARTICLE 9 – PRICES

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to legal regulations (such as VAT adjustments).

A price reduction after a purchase does not entitle the consumer to a refund of the difference. By completing the purchase, the consumer accepts the price stated at the time of ordering.

Contrary to the above, products or services with prices that are subject to fluctuations in the financial market beyond the entrepreneur’s control may be offered with variable prices. This will be clearly stated in the offer.

Price increases within three months of concluding the contract are only permitted if they result from statutory regulations. After three months, price increases are only allowed if they have been agreed upon in the contract and:

  1. they result from legal requirements or government regulations; or
  2. the consumer is granted the right to terminate the contract as of the date the price increase takes effect.

The place of delivery is the place of origin according to §3a Abs. 2 UStG. For deliveries outside the EU, import VAT or customs duties may be charged by the shipping service provider. In such cases, VAT is not charged by the entrepreneur.

All prices are subject to obvious typographical errors. The entrepreneur is not liable for consequences of such errors and is not obliged to deliver products at incorrectly stated prices.

ARTICLE 10 – CONFORMITY AND WARRANTY

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications listed in the offer, and the reasonable requirements of soundness and/or usability at the time of the contract's conclusion, as well as with applicable legal regulations and government requirements.

An additional warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s legal rights in case of defects.

Defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of delivery. Products must be returned in their original condition and packaging if possible.

The entrepreneur’s warranty period corresponds to that of the manufacturer. No liability is accepted for the suitability of products for individual applications or for advice given on their use.

The warranty becomes void in the following cases:

  • if the consumer or third parties have carried out unauthorized repairs or modifications;
  • in case of misuse, improper use, or storage against manufacturer instructions;
  • in case of defects caused by legal regulations regarding the nature or quality of used materials.

ARTICLE 11 – DELIVERY AND PERFORMANCE

The entrepreneur will exercise the greatest possible care when receiving and fulfilling orders for products.

Delivery will be made to the address provided by the consumer.

In accordance with Article 4 of these Terms and Conditions, the entrepreneur will fulfill accepted orders promptly and at the latest within 14 days, unless another delivery time has been agreed upon. If delivery is delayed, or if an order cannot be fulfilled or only partially, the consumer will be informed within 14 days after placing the order. In such cases, the consumer has the right to cancel the contract at no cost.

ARTICLE 12 – CONTINUOUS CONTRACTS: DURATION, TERMINATION, AND EXTENSION

Termination

The consumer may terminate a contract of indefinite duration that involves the regular supply of products (including electricity) or services at any time, observing a notice period of no more than one month.

The consumer may terminate a fixed-term contract for the regular supply of products or services at the end of the fixed term, observing a notice period of no more than one month.

The following conditions apply to the termination of such contracts:

  • termination can take place at any time and not be limited to a specific time or period;
  • termination must be carried out in the same way as the contract was concluded;
  • the notice period for termination cannot be longer than the period applied to the entrepreneur for terminating their own services.

Extension

A fixed-term contract that involves regular delivery of products or services may not be automatically extended or renewed for a fixed period.

By way of exception, a fixed-term contract for the regular delivery of daily, news, and weekly newspapers or magazines may be automatically extended for a maximum of three months if the consumer can terminate the extended contract at any time with a notice period of no more than one month.

A fixed-term contract for regular delivery of products or services may be automatically extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month (or three months if the contract involves less frequent delivery, e.g., monthly or less).

A trial subscription or introductory offer contract is automatically terminated at the end of the trial or introduction period and is not automatically continued.

Duration

If a contract has a duration of more than one year, the consumer may cancel the contract after one year with a notice period of no more than one month, unless fairness and equity oppose cancellation before the end of the agreed duration.

ARTICLE 13 – PAYMENT

Unless otherwise agreed, the consumer must make payments within 7 business days from the start of the withdrawal period as specified in Article 6 paragraph 1. For service contracts, this period begins upon receipt of the confirmation of the contract.

The consumer is obliged to immediately report any inaccuracies in provided or stated payment details.

In the event of late payment by the consumer, the entrepreneur is entitled to charge statutory reminder fees or collection costs, subject to legal limits.

ARTICLE 14 – COMPLAINTS PROCEDURE

Complaints about the performance of the contract must be submitted clearly and fully described to the entrepreneur within 7 days after the consumer identifies the deficiencies.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the consumer will receive an acknowledgment within 14 days and an indication of when they can expect a substantive response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution procedures.

Submitting a complaint does not suspend the consumer's contractual obligations unless the entrepreneur agrees to do so in writing.

If the complaint is found to be justified, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

ARTICLE 15 – DISPUTES

Contracts between the entrepreneur and the consumer to which these Terms and Conditions apply are exclusively governed by the laws of Canada, even if the consumer resides abroad.

ARTICLE 16 – SMS MARKETING

If you opt-in to SMS communications during your shopping experience at Calensupply or sign up through our tools, you consent to receive recurring text messages (e.g., updates about your order, abandoned cart reminders, promotional offers, or feedback requests) — even if your phone number is registered on a "Do Not Call" list. Message frequency may vary. Consent is not a condition of purchase.

To unsubscribe from receiving SMS messages, reply "STOP" to one of our texts or use the unsubscribe link provided in the SMS. Other variations of stop requests may not be considered effective unsubscribes. The service is free, although your carrier's SMS or data charges may apply.

For assistance, reply "HELP" to the number you received messages from or contact us via our website: https://www.calensupply.com/pages/contact.

We reserve the right to change the phone numbers or shortcodes used for providing the service. If we do so, we will notify you accordingly. Messages sent to outdated numbers (e.g., "STOP" or "HELP" responses) may not be received, and we accept no liability for this.

To the extent permitted by law, we accept no responsibility for undelivered, delayed, or misdirected messages or any resulting consequences.

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