Terms and Conditions
§ 1 Scope of Applicability, Customer Information
The following Terms and Conditions govern the contractual relationship between GERMAN STIL VAPOR KG, owner of thegerman-stil-vapor Internet Shop and the Customers, consumers, and business people who buy goods using this Internet Shop. The Customer’s terms that are contrary to or deviate from our Terms and Conditions are expressly excluded, unless we explicitly accept their validity in writing. The Language of the Contract is German.
§ 2 Conclusion of the Contract
The offers in our Internet Shop merely represent a non-binding invitation to you to submit a corresponding purchase offer. After entering your information and clicking on the order button, you submit a binding offer aimed at concluding a Sales Contract. Upon dispatching your order, you also accept these Terms and Conditions as solely authoritative for the legal relationship with us. We confirm that we have received your order by sending a confirmation e-mail. This order confirmation does not yet represent acceptance of the contractual offer, but serves as information to you that we have received your order. Our acceptance of your offer, with that the conclusion of the sales contract, only results from our order confirmation to you by e-mail or by delivering the goods.
§ 3 Recording Your Order Data, Correction Notices
1. Your order is recorded by us along with the details of the Contract that was concluded (i.e. product type, price, etc.). As a registered Customer, you can have access to your past orders using the Customer login area (your account).
2. You can look at and change your information before submitting your order at any time. Nevertheless, you can only submit and deliver your offer, if you accept our Terms and Conditions by clicking on the appropriate button and thereby have included them in your offer. You can also completely end the order process at any time by closing the browser window.
§ 4 Reservation of Ownership
The object of purchase remains our possession until all receivables have been completely paid. Pledges, secured transactions, processing, or transformation are not permitted before transfer of ownership without express consent by the german-stil-vapor Internet Shop.
§ 5 Prices, Shipping Costs
All prices that are stated in our Internet Shop are regarded as including the currently valid statutory value-added tax. In addition, shipping costs are incurred to ship goods. Shipping costs are determined by the shipping zone that is selected and the total price of the shopping cart order. All information on shipping costs can be found here: http://www.german-stil-vapor.de/shop/en/payment-/-dispatch .
§ 6 Delivery
1. Shipment is made by sending the goods ex warehouse to the address indicated by the Customer. Provided that delivery with advance payment has been agreed upon, the delivery time within Germany is 6 to 8 working days after receiving the purchase price. This information is non-binding unless otherwise agreed. Special delivery times are found on the item description. Delivery times, especially for foreign orders, can be found under our information on shipping costs at: www.german-stil-vapor.com/shipping .
2. Delivery is made in accordance with the shipping costs stated in the internet order. As a rule, higher shipping costs apply to foreign deliveries than to deliveries within Germany. When the Customer itself desires a special kind of shipping that incurs costs that are higher than the regular costs, the Customer must also bear the additional costs, provided that we offer that kind of shipping.
§ 7 Return Shipping Costs in the Event of Cancellation
In the event of cancellation, you must bear the return shipment costs. Your return shipment must also have transportation insurance amounting to at least the total price of the returned items. These routine costs of returning goods must be borne by you. We will cover any additional costs such as those resulting from changing our place of business or our desired use of more expensive transport services. You can find the rules about your right to cancellation in § 12 of our GTC.
§ 8 Payment Terms
Payments can be made in advance either by bank transfer, Sofortüberweisung.de, or PayPal. If Customer pickup is selected as your shipping type, you can pay using cash when you are given your ordered goods. We reserve the right to exclude certain types of payment. Payments for the purchase price are due directly after concluding the Contract. We will give you our banking information in the order confirmation, provided that you select “payment in advance” as your payment option. A right of retention on the part of the Customer may only be exercised, if the claims result from the same contractual relationship.
§ 9 Warranty
1. The warranty is determined in accordance with legal provisions.
2. The warranty period for Customer claims is two years for consumers of newly manufactured items and one year for used items. The warranty period for newly manufactured items and used items is one year in the case of legal transactions with business people.
3. If an item is defective, the Customer has the right to demand that the defects be remedied or that an item free of defects be delivered as a remedy at the Customer’s discretion. The german-stil-vapor Internet Shop can refuse the type of remedy selected by the Customer without prejudice to § 275 Par. 2 and 3 of the German Civil Code (BGB), if the remedy is only possible with disproportionate costs. In addition, the value of the item when free from defects, the significance of the defects, and the question whether the other type of remedy could be resorted to without significant disadvantages to the purchaser must be considered. The Customer’s claim is limited in this case to the other type of remedy; the Internet Shop german-stil-vapor’s right to refuse this other type of remedy under the conditions of § 9 No. 1 remains untouched.
4. If the purchase is a commercial transaction for both parties, the Customer must examine the goods immediately after the delivery, provided that this is feasible in the orderly course of business. If defects becomes apparent, the Customer must give notice of it immediately. If the Customer fails to give notice, the goods are regarded as approved unless it is the case of defects that were not identifiable during the examination. If such defects become apparent later, notice must be given immediately after the discovery, otherwise the goods are regarded as approved even despite these defects. These provisions do not apply, if the defects were fraudulently concealed. Timely dispatch of the notice shall be sufficient for the Customer to preserve its rights.
5. If the german-stil-vapor Internet Shopdelivers an item that is free of defects as a remedy, german-stil-vapor can demand that the Customer return the defective item in accordance with §§ 346 to 348 BGB.
6. Damages caused by improper handling or measures contrary to the Contract on the part of the Customer during set-up, connection, operation, or storage do not substantiate any claims against the german-stil-vapor Internet Shop. Improperness or contrariness to the Contract is especially determined by the manufacturer’s specifications for the ordered goods. Therefore, we are not liable for damages that result from improper handling of the products or individual parts of the products acquired from us and especially not for damages resulting from disregarding the operating instructions enclosed with the product as well as the safety information that is accessible in our Internet Shop. You can find the safety information in the german-stil-vapor Internet Shop as a link with the product description as well as directly at the following link: http://www.german-stil-vapor.de/shop/en/safety-information .
Upon purchasing our products, you confirm that you have taken note of and understood the specified operating instructions and the safety information. If you give our products as a gift or resell them, you must draw attention to the operating instructions and safety information.
7. In certain circumstances, minute scratches or dents appear on the stainless steel of atomizers and/or batteries and/or other miscellaneous metallic products, especially with the “surface: machine finished” ordering option. These minute scratches or dents do not affect the functioning of the atomizer and/or batteries and/or other miscellaneous metallic products and do not represent a reason for a complaint.
8. The warranty does not cover normal wear and tear. The items that are offered are lettered by laser technology and therefore the laser technology can affect the intended characteristics and durability of the items. In particular, the individual laser engraving can wear off. We market our items as collector’s items and/or as special souvenirs. Wear and tear caused by daily use is outside of our warranty obligation.
§ 10 Damages in Transit
The Customer must refuse to take delivery of goods that are delivered with obvious damages to the packaging or to the contents, and the damages must be reported immediately to the shipping company/freight service. Moreover, you must get in contact with the german-stil-vapor Internet Shopby e-mail at: info(at)german-stil-vapor(dot)com. Moreover, the german-stil-vapor Internet Shopmust be informed immediately after hidden defects are discovered.
§ 11 Limitation on Liability
1. We exclude liability for slightly negligent violations of obligation, provided that these violations are not substantial contractual obligations, damages from injury to life, body, or health, or guarantees or claims in regards to the German Product Liability Act. The same applies for violations of obligation on the part of our vicarious agents and our legal representatives. The contractual obligations include, in particular the obligation to deliver the items to you and to transfer the ownership of the items to you. Furthermore, we must provide you with items that are free from material defects and defects of title.
2. We are not liable for damages that result from improper handling of the products or individual parts of the products acquired from us and especially for damages that result from disregarding the safety information and operating instructions. The safety information can be found in our german-stil-vapor Internet Shopas a link with the product description as well as directly at the following link: http://www.german-stil-vapor.de/shop/en/safety-information .
Upon purchasing our products, you confirm that you have taken note of and understood the specified operating instructions and the safety information. If you give our products as a gift or resell them, you must draw attention to the operating instructions and safety information.
3. Based on the current state of technology, there is no guarantee that data communication using the internet will be free from errors and/or available at all times. Therefore, the german-stil-vapor Internet Shopis not liable for the constant availability of the german-stil-vapor Internet Shop.
§ 12 The Consumer’s Right to Cancellation
Provided that you as the Customer are the consumer and have concluded a Contract with us using no other means other than means of distant communication, in particular by telephone, e-mail, or using our german-stil-vapor Internet Shop, you have the following right to cancellation, provided that your order is not a case of a special order that was custom manufactured for you within the limits of the statutory provisions.
Cancellation Instructions
Right to Cancellation
You have the right to cancel this Contract within 14 days without stating reasons.
The cancellation time limit is fourteen days as of the day on which you or a third party designated by you who is not the forwarding agent have taken possession of or have the last goods.
To exercise your right to cancellation, you must inform us:
GERMAN STIL VAPOR KG
Mr. Salvatore Amato
Pfarrer-Schwahn-Str. 16
63179 Obertshausen
E-Mail: iinfo(at)german-stil-vapor(dot)com
of your decision to cancel this Contract by means of a clear declaration (e.g. a letter sent by mail or e-mail). To do so, you can use the online sample cancellation form in our Internet Shop that is found at: http://www.german-stil-vapor.de/shop/en/withdrawal-form , which nevertheless is not prescribed. You can fill out and deliver this sample cancellation form to us electronically, or deliver another clear declaration to us by e-mail or by mail. If you make use of the cancellation form online, we will immediately send you (e.g. by e-mail) a confirmation of having received such a cancellation.
To comply with the time limit, it is sufficient if you dispatch the notice of exercising your right to cancellation before the end of the time limit.
Returns
If you cancel this Contract, we must immediately and at the latest fourteen days from the day on which we received the notification of you cancelling this Contract pay back all payments that we have received from you including the delivery charges (with exception of the extra costs that result from you selecting another type of delivery other than the lowest cost standard delivery offered by us). We use the same means of payment for your repayment that you used for the original transaction unless something different was expressly agreed upon with you. In no case, will you be charged fees due to the repayment. We can refuse to make the repayment until we have received the goods back or until you have produced evidence that you have sent the goods back, whichever comes first.
You must send the goods back to us or deliver them to us immediately or in any case at the latest within fourteen days as of the day that you inform us of the cancellation of this Contract. You have complied with the time limit, if you dispatch the goods before the end of the time limit. You bear the direct costs of sending back the goods.
Your return shipment must also have transportation insurance amounting to at least the total price of the returned items. The costs for such a return including transportation insurance are determined by the value of the goods and within Germany are generally estimated at between €5.99 (valid for goods valued up to €500.00) and €9.49 (valid for goods valued from €500.00 up to €2,500.00). Returns with transportation insurance from abroad generally incur the same estimated costs as specified in our shipping information, which is found at:http://www.german-stil-vapor.de/shop/en/payment-/-dispatch .
You must pay for possible losses in value of goods, if the loss of value is attributed to you not taking out a transportation insurance policy for returning the goods. This also applies, if the loss of value is attributed to handling other than what is necessary to examine the condition, nature, and functioning of the goods.
End of the Cancellation Instructions
Link to the Cancellation Form: http://www.german-stil-vapor.de/shop/en/withdrawal-form .
§ 13 Information about Data Processing
As part of processing Contracts, we collect the Customer’s data. In doing so, we pay strict attention to compliance with the provisions of the German Federal Data Protection Act. For details of how we handle your information and how we use it, please refer to our privacy policy, which is found at: http://www.german-stil-vapor.de/shop/en/privacy .
§ 14 Applicable Law, Jurisdiction
1. The law of the Federal Republic of Germany is applied to Contracts between the Customer and the german-stil-vapor Internet Shop excluding the United Nations Convention on Contracts for the International Sale of Goods.
2. The head office of the german-stil-vapor Internet Shop is the place of jurisdiction, provided that the Customer is not a consumer, but a merchant, legal entity under public law, or special fund under public law. The same applies, if the Customer does not have a place of general jurisdiction in Germany or the EU, or the Customer’s residence or habitual place of abode is not known at the time of filing suit. The authority to bring a case before another court in another legal jurisdiction remains untouched by this.
§ 15 Legal Protection for Youth
1. The Internet Shop german-stil-vapor only enters into contractual relations with Customers of legal age in the case of selling goods for which this is prescribed by the regulations of the German Protection of Young Persons Act.
2. The Customer affirms by dispatching its order that it is at least 18 years old and that the information regarding its name and address is correct. The Customer is obligated to ensure that only itself or persons of legal age authorized to receive the delivery by the Customer receive the goods.
3. If persons who are not of legal age initiate orders, we cancel the Contract as of now as a precautionary measure pursuant to § 109 BGB. Persons of legal age authorized to represent or care for minors who order using false information are liable to us for all damages resulting from orders made using false information pursuant to legal provisions.
§ 16 Final Provisions
Should a provision of these General Terms and Conditions be or become invalid or unenforceable, the other provisions remain thereby untouched.