In the following legal information and instructions, the terms “consumer”, “entrepreneur” or “customer” appear. These have the meanings described below:
“Consumers” are natural persons who conclude a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.
“Entrepreneurs” are natural or legal persons or partnerships with legal capacity for whom the order serves their commercial, self-employed or freelance purposes.
Customers” means consumers as well as entrepreneurs.
- Online dispute resolution
EU Commission platform for online dispute resolution: http://ec.europa.eu/consumers/odr
In accordance with § 36 VSBG, we hereby inform our customers that we are not willing or legally obligated to participate in dispute resolution proceedings before a universal arbitration board.
III. General terms and conditions
- 1 Prices / Shipping costs
The prices we quote are final prices. They include the currently valid German value added tax as well as other price components and, if applicable, are exclusive of VAT. Shipping costs. If shipping costs are charged, their amount is indicated on each offer. Our offers are commercial.
- 2 Payment options / terms of payment
(1) The purchase price shall be paid after conclusion of the contract or delivery.
(2) We accept the following means of payment: PayPal and prepayment by bank transfer.
(3) If the customer chooses the option of payment via PayPal, the payment processing will be carried out by PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg.
- 3 Delivery time / Delivery conditions / Delivery restrictions
(1) The delivery time is specified in the respective offer.
(2) The delivery period shall commence on the day after the payment order is issued to the remitting credit institution in the case of payment in advance or on the day after the contract is concluded in the case of other payment methods and shall end with the expiry of the last day of the specified delivery period. If the last day of the period falls on a Saturday, Sunday or a general holiday recognized by the state at the place of delivery, the next working day shall take the place of such day.
(3) Delivery shall be made to the delivery address specified by the customer when placing the order. Deviating from this, when selecting the payment method PayPal, the delivery address deposited by the customer with PayPal is decisive. If a delivery to the customer is not possible, the assigned transport company will return the goods to us, whereby the customer must bear the costs for the unsuccessful delivery. This does not apply if the customer was temporarily prevented from accepting the offered service, unless the seller had given him a reasonable amount of advance notice of the service or if the customer hereby exercises his right of withdrawal.
(4) Any delivery restrictions are shown in the respective offer.
- 4 Retention of title
The delivered goods remain our property until full payment of the purchase price. Prior to transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without our express consent.
- 5 Liability for defects
(1) If the purchased goods are defective, the statutory right of liability for defects shall apply.
(2) If the customer is acting as an entrepreneur, the limitation period for warranty claims for new goods shall be limited to one year from the transfer of risk. In addition, warranty claims against entrepreneurs for used items are excluded. In addition, § 377 HGB applies.
(3) If the customer is acting as an entrepreneur, only our own specifications and the manufacturer’s product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
(4) The limitations of liability set out in paragraphs 2 and 3 shall not apply to liability for damage caused intentionally or by gross negligence and/or damage resulting from injury to life, limb or health due to a negligent breach of duty by us. An intentional or negligent breach of duty by us is equivalent to that of one of our legal representatives or vicarious agents.
- Information pursuant to Articles 246a and 246c EGBGB
- Identity of the contractor / contracting party:
Your contractual partner is the following company:
Smoke Factory Ltd.
represented by the GF Mario Rincon
Tel: +49 (0) 511 – 51 51 020
- Conclusion of the Contract
The presentation of the products in the online store does not constitute a legally binding offer, but is merely to be understood as an invitation to the customer to make an offer in the legal sense. By clicking the button “Order subject to payment”, at the end of the ordering process, the customer places a legally binding order for the items contained in the shopping cart.
After placing an order, the customer, if he has provided an email address, will receive an automatic email confirmation of receipt of his order in our system. This email is purely informative for the customer. It has no effect in the form of acceptance of the contract. When a binding purchase contract is concluded depends on the payment method chosen by the customer. The following options are available:
In the case of payment in advance by bank transfer, the contract is only concluded when we send a separate order confirmation by e-mail, but at the latest when the customer accepts the goods without reservation. If the customer has placed his order electronically (usually by placing an order in the webshop), we are entitled to accept the contractual offer contained in the customer’s order within 2 working days after receipt of the order. In the case of goods not ordered electronically, we are entitled to accept the order within 5 working days of receipt. Saturdays are not considered working days. If we have not accepted your offer within the aforementioned deadlines, the offer shall be deemed rejected. No purchase contract is concluded for products that are not listed in the order confirmation.
In case of payment by Paypal , the contract is already concluded with the instruction of the payment by the customer.
The individual technical steps described below lead to the conclusion of the contract:
- a) First select an item without obligation
To do this, search for your desired product in our product range. You can then add the item to your shopping cart by clicking the “Add to cart” button, without obligation. Proceed in the same way with other desired articles.
- b) Shopping cart overview and start of checkout
You can view the contents of your shopping cart compiled by you in this way at any time without obligation. Scroll up and click on “Show shopping cart”.
If you want to remove the products from your cart or change the number of products in it, go to the cart overview. There you enter the desired quantity in the field provided and press the “Update cart” button. If you would like to delete an item from the shopping cart, click on the small X symbol to the left of the item. Clicking on the “Proceed to checkout” button will take you to the next step. You can also jump directly to PayPal at this point and complete the purchase via PayPal.
- c) Data entry or login for existing customer account.
If you do not check out directly via PayPal at this point, you will now be taken to the next ordering step. If you are already registered as a customer with us, you can log in with your data. If you are a new customer, you must now enter your data here in the left-hand area. In the right area please select the desired payment method.
On this page you can once again view all the details of your order. All costs incurred for the order will be displayed. Now you have the last opportunity to identify and correct input errors. If the order corresponds to your wishes, you can now complete it by clicking on the button “Order subject to payment”.
- d) After the order
After submitting the order, you will be taken to a page where you will be informed about the order number of your order and, depending on the choice of payment method, also about the payment procedure.
- Storage of the contract text
The contract text is stored by us.
During the ordering process, you also have the option to permanently save the details of your order and the contract text. The options available in the Internet browser can be used for this purpose (mostly the “File” -> “Print page” or “File” -> “Save page as” functions).
- Total price of the goods
The prices shown in the store are final prices and are inclusive of taxes and plus. Shipping costs.
- Essential characteristics of the goods or services
The essential characteristics of the goods and/or services are shown in the respective item description and any supplementary information on our website.
We have not submitted to any specific codes of conduct not mentioned above.
Contracts with us can only be concluded in German.
- Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it to us)
To Smoke Factory GmbH, Schulze-Delitzsch-Str. 8A, 30938 Großburgwedel or email@example.com.
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*):
Ordered on (*) / received on (*): ____________________________________________
Name of consumer(s): ____________________________________________
Address of the consumer(s):
Signature of the consumer(s): ___________________________________________
(only for communication on paper)
(*) Please delete where inapplicable