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1.1These general terms and conditions (hereinafter “AGB”) of Andreas Leschke, acting under “CBD Hexe Onlinehandel A. Leschke” (hereinafter “Seller”), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “customer”) concludes with the seller in his online shop. This contradicts the inclusion of the customer's own conditions, unless something else has been agreed.
1.2These terms and conditions apply accordingly for contracts for the delivery of vouchers, provided that there is not somewhat deviating.
1.3Consumers within the meaning of this terms and conditions is every natural person who concludes a legal transaction for purposes that can mostly be attributed to their commercial nor their independent professional activity.
1.4Entrepreneurs within the meaning of these terms and conditions are a natural or legal person or a legal partnership that acts in the exercise of their commercial or independent professional activity when the legal transaction is concluded.
2.1The product descriptions contained in the online shop of the seller do not represent a binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2The customer can submit the offer via the online order form integrated in the seller's online shop. After putting the selected goods in the virtual shopping cart and undergoing the electronic ordering process, the customer gives a legally binding contract offer in relation to the goods contained in the shopping cart.
2.3The seller can accept the customer's offer within five days,
If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The deadline for accepting the offer begins to run on the day after the customer is sent and ends with the end of the fifth day, which follows the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this applies as a rejection of the offer with the result that the customer is no longer tied to his declaration of intent.
2.4When submitting an offer via the seller's online order form, the contract text is saved by the seller after the conclusion of the contract and sent the customer in text form (e.g. email, fax or letter) after sending his order. The seller's access to the contract is not accessible. If the customer has set up a user account in the seller's online shop before sending his order, the order data on the seller's website is archived and can be called up free of charge by the customer via his password-protected user account, stating the corresponding login data.
2.5Before placing the order using the seller's online order form, the customer can recognize possible input errors by carefully reading the information shown on the screen. An effective technical means of better detection of input errors can be the enlargement function of the browser, with the help of which the display is enlarged on the screen. The customer can correct his entries as part of the electronic ordering process via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.6Only the German language is available for the conclusion of the contract.
2.7Order processing and contacting usually take place by email and automated order processing. The customer must ensure that the e-mail address provided for order processing is correct so that the emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all third parties sent by the seller or the third party sent with the order processing can be sent.
2.8When ordering nicotine -containing evaporator fluids or of liquids, flavors and/or base fluids without nicotine, the customer confirms with sending the order that he has reached the legally required minimum age.
3.1Consumers are generally entitled to a right of withdrawal.
3.2More information on the right of cancellation arises from the cancellation policy of the seller.
4.1Unless otherwise arisen from the seller's product description, the prices given are total prices that contain the statutory sales tax. If necessary, additional delivery and shipping costs are specified separately in the respective product description.
4.2In the case of deliveries to countries outside the European Union, there may be additional costs that the seller is not responsible and which are to be borne by the customer. This includes, for example, costs for the transmission of money by credit institutions (e.g. transfer fees, exchange rate fees) or import tax taxes or taxes (e.g. tariffs). Such costs can also be incurred in terms of transmission of money if the delivery does not take place to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3The payment options are/will be communicated to the customer in the seller's online shop.
4.4If the prepayment has been agreed by bank transfer, the payment is due immediately after the contract has been concluded if the parties have not agreed on a laterity date.
4.5If the payment method is selected immediately, the payment processing is carried out via the payment service provider STJUB, Theresienhöhe 12, 80339 Munich (hereinafter "immediately"). In order to be able to pay the invoice amount via "immediately", the customer must have a online banking account that is freely switched to participate in "immediately", legitimize itself according to the payment process and confirm the payment instructions to "immediately". The payment transaction is carried out immediately afterwards by "immediately" and the customer's bank account is charged. More information about the payment method "Immediately" can be found on the Internet athttps://www.klarna.com/sofort/Call up.
4.6If you select the credit card payment method, the invoice amount with the conclusion of the contract is due immediately. The credit card payment is handled in cooperation with Secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag) to which the provider departs his payment claim. Secupay AG collects the invoice amount from the specified credit card account of the customer. In the case of the assignment, only Secupay AG can be performed with a guilt -free effect. The credit card is burdened immediately after the customer order is sent in the online shop. When selecting the payment method credit card payment via Secupay AG, the provider remains responsible for general customer inquiries, for example, for the goods, delivery time, dispatch, returns, complaints, declarations of cancellation and information or credits.
4.7Buy on account - you have the opportunity to order on account if you come from one of the following countries: Germany, Austria or Switzerland. Payment is due no later than 14 days after receiving the goods. You will receive the invoice conveniently with the delivery of your goods.
All other countries please use the possibility of the prepayment or use last name.
5.1If the seller offers the shipping of the goods, the delivery takes place within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.
5.2If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the appropriate costs for the seller. This does not apply in view of the costs for the return if the customer effectively exercises his right of withdrawal. For the return costs, the regulation made in the cancellation policy of the seller applies if the recovery right is effective.
5.3If the customer acts as an entrepreneur, the risk of random doom and the random deterioration of the sold goods passes to the customer as soon as the seller has delivered the matter to the freight forwarder, the carrier or the person or institution otherwise designed to carry out the dispatch. If the customer acts as a consumer, the risk of random doom and the random deterioration of the sold goods is generally only transferred to the customer or a person entitled to receive the goods. Deviating from this, the risk of random doom and the random deterioration of the sold goods is already transferred to the customer to the customer, as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise intended to carry out the shipment, if the customer has the freight leader, the carrier or the otherwise specific person or institution. Customers have not named this person or institution beforehand.
5.4The seller reserves the right to withdraw from the contract in the event of no correct or non -proper self -delivery. This only applies in the event that the non -delivery is not to be represented by the seller and that he has completed a specific cover business with the supplier with the care required. The seller will make all reasonable efforts to obtain the goods. In the event of non -availability or the only partial availability of the goods, the customer will be informed immediately and the consideration will be reimbursed immediately.
5.5Pick -up is not possible for logistical reasons.
5.6Vouchers are provided to the customer as follows:
If the seller arrives in advance, he reserves the property of the delivered goods until the purchase price owed is fully paid.
7.1Unless otherwise arisen from the following regulations, the provisions of the legal liability for defects apply. Different from this applies to contracts for the delivery of goods:
7.2If the customer acts as an entrepreneur,
7.3The liability restrictions and deadline reductions, which are regulated above, do not apply
7.4In addition, it applies to entrepreneurs that the statutory limitation periods remain unaffected for a legal right of recourse that may exist.
7.5If the customer acts as a merchant i.S.D. § 1 HGB, the commercial examination and complaint is required in accordance with § 377 HGB. If the customer fails to do the notification obligations there, the goods are considered approved.
7.6If the customer acts as a consumer, he is asked to claim the delivered goods with obvious transport damage to the deliverer and to inform the seller. If the customer does not meet this, this has no effect on his legal or contractual claims for defects.
8.1Vouchers that the seller issued free of charge as part of advertising campaigns with a certain duration of validity and which cannot be purchased by the customer (hereinafter referred to as "action vouchers" ") can only be redeemed in the online shop of the seller and only during the specified period.
8.2Individual products can be excluded from the voucher campaign if there is a corresponding restriction from the content of the action voucher.
8.3Action vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.4Only one action voucher can be redeemed per order.
8.5The value of the goods must at least correspond to the amount of the action voucher. Any remaining credit is not reimbursed by the seller.
8.6If the value of the action voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.
8.7The credit of an action voucher is neither paid out in cash nor interest.
8.8The promotional voucher will not be reimbursed if the customer returns the goods paid with the action voucher in whole or in part as part of its statutory right of withdrawal.
8.9The action voucher is only intended for use by the person named on it. A transfer of the action voucher to third parties is excluded. The seller is justified, but not obliged to check the material claim for claims of the respective voucher holder.
9.1Vouchers that can be purchased via the seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise emerging from the voucher.
9.2Gift vouchers and residual credit of gift vouchers can be redeemed by the end of the third year after the year of voucher shopping. Remaining credit will be credited to the customer until the expiry date.
9.3Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.4Only one gift voucher can be redeemed per order.
9.5Gift vouchers can only be used for the purchase of goods and not to buy other gift vouchers.
9.6If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.
9.7The credit of a gift voucher is neither paid out in cash nor interest.
9.8The gift voucher is only intended for use by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller is justified, but not obliged to check the material claim for claims of the respective voucher holder.
For all legal relationships between the parties, the law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of mobile goods.
11.1The EU Commission provides a platform for online dispute resolution on the Internet at the following link:https://ec.europa.eu/consumers/odr
This platform serves as a contact point for extrajudicial resolution of disputes from online purchase or service contracts in which a consumer is involved.
11.2The seller is not obliged to participate in a dispute settlement procedure in front of a consumer arbitration board, but is ready for this.
