Terms and Conditions
Terms and Conditions
General terms and conditions for purchases via www.shisha-world.com
§1 General, scope of the General Terms and Conditions
§2 Conclusion of contract, formation of the contract
§3 Storage of the contract text
§4 Cancellation policy
§5 Sample cancellation form
§6 Prices and shipping costs
§7 Delivery conditions
§8 Terms of payment
§9 Warranty
§10 Liability for damages and reimbursement of expenses
§11 Customer Service
§12 Legal system, place of jurisdiction
§13 Miscellaneous
§1 General, scope of the General Terms and Conditions
1.1 All deliveries and services are provided exclusively on the basis of the following General Terms and Conditions (hereinafter "GTC") in the version valid at the time of the order.
1.2 The contractual partner is GDV Mouldservice GmbH; Managing Director: Georg Kneißl, Zankeltrad 9 D-92693 Eslarn, Tel.: 0963/6579890, E-Mail: info@goatsmoke.de; Register court: Weiden in der Oberpfalz, HRB 5813; VAT ID: DE353949239 (hereinafter "Seller").
1.3 Customers within the meaning of these terms and conditions can be both consumers and entrepreneurs (hereinafter referred to as "customer"). A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. Entrepreneurs within the meaning of the terms and conditions are natural or legal persons or partnerships with legal capacity who, when concluding a contract with the seller, are acting in the exercise of their commercial or independent professional activity.
§2 Conclusion of contract, formation of the contract
2.1 Our offer is binding. By placing your order, you are making a binding offer to us to conclude a contract with you. The contract is concluded when your order is sent to us. You will receive an order confirmation by email.
2.2 When you have found the product you want, you can view it in detail without obligation by clicking on the product photo or the product name. You can put the item in your shopping cart by clicking on the [Shopping Cart] button. You can view the contents of your shopping cart at any time without obligation by clicking on the [Shopping Cart] or [Checkout] button. You can remove the products from your shopping cart by clicking on the red symbol for [Delete] and the green symbol for [Update]. If you want to buy the products in your shopping cart, click on the [Continue to Step 2] button.
The ordering process consists of five steps. In the first step, you can view and edit the contents of the shopping cart again. In the second step, you can optionally set up a customer account for your first purchase and enter your personal data and address here. If you already have a customer account, log in here under "I already have an account" with your login data. You also have the option of entering your data without it being saved permanently. Then select "Continue ordering without a personal account" and click on [continue to step 3]. In the third step, enter the billing address and, if applicable, the different shipping address. In the fourth step, select the method of payment and shipping. In the last step under "Submit order", you will receive another overview of your order data and can check, delete or change all details including the shipping address and billing address under [Change data]. You can also correct input errors by navigating backwards in the browser or canceling the ordering process and starting over. To complete the purchase, you must accept our general terms and conditions and click on the [Submit order] button. This sends the order to us and the contract is concluded.
§3 Storage of the contract text
We save your order and the order data you entered. We will send you an order confirmation by email and then an order confirmation with all the order data. You also have the option of printing out both the order and the general terms and conditions before sending the order to us. Finally, you can access the orders you have placed at any time via your customer account.
§4 Right of withdrawal for consumers
The following right of withdrawal only applies to consumers:
Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.
You can return unused items within 14 days of receipt. Please understand that we cannot accept returns of goods that have already been used or opened.
To exercise your right of withdrawal, you must inform us (GDV Mouldservice GmbH; Managing Director: Georg Kneißl, Zankeltrad 9 D-92693 Eslarn, Tel.: 0963/6579890, Email: info@goatsmoke.de; Register Court: Weiden in der Oberpfalz, HRB 5813; VAT ID: DE353949239) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the attached sample withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.
We may refuse repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
§5 Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)
To:
GDV Mouldservice GmbH
Zankeltrad 9
D-92693 Eslarn
Phone: 09653 / 657989-0
Email: info@goatsmoke.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase
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 if notification is on paper)
Date
(*) Delete as appropriate.
§6 Prices and shipping costs
6.1 All prices include VAT plus shipping costs.
6.2 The amount of the shipping costs can be found in the information in the respective offer. The goods values stated for shipping refer to the value of the goods before deduction of any credits and vouchers. The redemption of vouchers of any kind has no influence on the calculation of the flat shipping costs.
6.3 When shipping abroad, additional customs duties may be charged, which the responsible customs authorities will collect directly from you. For deliveries to non-EU countries, we declare the delivery with a description of the contents and value. Any customs and import fees that may be incurred must be borne by the recipient. National import regulations for the respective products must be observed by the customer. We accept no responsibility for the conformity of our products with national guidelines and regulations outside the EU.
§7 Delivery conditions
7.1 We deliver with DHL or another provider of our choice. We only deliver to the countries listed under section 7.2.
7.2 We deliver within Germany and to the following countries: Austria, Switzerland, Spain, Liechtenstein, Finland, France, Greece, Cyprus, Belgium, Denmark, Great Britain, Ireland, Italy, Luxembourg, Malta, Monaco, Netherlands, Poland, Portugal, Romania, San Marino, Sweden, Slovakia, Slovenia, Czech Republic, Hungary, Bulgaria, Estonia, Latvia, Lithuania, Croatia, Norway, Turkey.
7.3 Unless otherwise stated in the offer, the goods will be dispatched within 2 working days of receipt of payment. In the case of delivery on account, the goods will be dispatched within 5 working days of delivery of the order confirmation, unless otherwise stated in the offer.
7.4 If GDV Mouldservice GmbH is unable to deliver the ordered goods through no fault of its own because our supplier does not fulfill its contractual obligations, we are entitled to withdraw from the contract with the customer. In this case, the customer will be informed immediately that the ordered product is not available. The customer's legal claims remain unaffected. Any purchase price already paid will be refunded immediately.
7.5 Our offer is aimed exclusively at adults. If the customer is under 18 years of age, he or she may not order any items from us. The goods will only be delivered and handed over to adults.
§8 Terms of payment
8.1 Payment can be made by direct bank transfer, PayPal, advance payment, direct debit, invoice, installment payment, direct bank transfer, credit card and cash on delivery. We reserve the right to exclude individual payment methods.
8.2 Payments are only due after you have sent us your order. If you pay in advance, we will send you our bank details with our order confirmation by email so that you can make the payment. If you pay by direct debit, invoice, installment payment or credit card, your account will be debited when the goods are dispatched. If you pay by direct bank transfer or PayPal, you will be directed directly from the order process to the payment pages of the respective payment company and can make the transfer yourself.
8.3 In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:
- Invoice: The payment period is [14] days from dispatch of the goods/ticket/or, in the case of other services, the provision of the service. The complete invoice terms for the countries in which this payment method is available can be found here: Germany, Austria.
- Installment purchase: With Klarna's financing service, you can pay for your purchase in fixed or flexible monthly installments under the conditions specified in the checkout. The installment payment is due at the end of each month after Klarna sends you a monthly invoice. Further information on installment purchase, including the general terms and conditions and the European standard information for consumer credit for the countries in which this payment method is available, can be found here (only available in the countries specified): Germany, Austria.
- Immediately: Available in Germany and Austria. Your account will be debited immediately after you place your order.
- Direct debit: Available in Germany and Austria. The debit will be made after the goods have been dispatched. You will be informed of the time by email.
The use of the payment methods invoice, installment purchase and direct debit requires a positive credit check. In this respect, we forward your data to Klarna as part of the purchase initiation and processing of the purchase contract for the purpose of address and credit checks. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. You can find further information and Klarna's terms of use here. You can find general information about Klarna here. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations.
§9 Warranty
9.1 If you are a consumer and place an order with us for a purpose that cannot be attributed to your commercial or professional activity, the warranty will be provided in accordance with the statutory provisions.
9.2 If you place your order with us as a business, the following applies:
9.2.1 Delivered goods must be inspected by the customer, as far as this is possible in the normal course of business, immediately - at the latest within 7 days - after delivery. If a defect is found, we must be notified immediately. If the customer fails to notify us, the goods are deemed to have been approved, unless the defect was not apparent during the inspection. If such a defect is discovered later, the notification must be made immediately after discovery, otherwise the goods are deemed to have been approved even with regard to this defect. Section 377 of the German Commercial Code remains unaffected. The customer is not released from his obligation to inspect the goods even if the entrepreneur takes recourse under Section 478 of the German Civil Code. If in such cases he does not immediately notify the defect claimed by his customer, the goods are deemed to have been approved even with regard to this defect.
9.2.2 If a defect exists, we are entitled to determine the type of subsequent performance, taking into account the nature of the defect and the legitimate interests of the customer. In the case of these contracts, subsequent performance is deemed to have failed after the third unsuccessful attempt. This clause does not apply in the case of recourse under Section 478 of the German Civil Code (BGB).
9.2.3 In the event of subsequent performance in the event of defects, we are only obliged to bear the necessary expenses, in particular transport, travel, labour and material costs, insofar as these are not increased by the fact that the item was taken to a location other than the customer's registered office or commercial branch to which it was delivered. This clause does not apply in the event of recourse under Section 478 of the German Civil Code (BGB).
9.2.4 The customer's claims for defects, including claims for damages, expire after one year. This does not apply in the case of recourse under Section 478 of the German Civil Code (BGB), nor does it apply in the cases of Sections 438 Paragraph 1 No. 2 of the German Civil Code (BGB) and Section 634a Paragraph 1 No. 2 of the German Civil Code (BGB). This also does not apply to claims for damages due to injury to life, body or health or due to a grossly negligent or intentional breach of duty by us or our vicarious agents.
§10 Liability for damages and reimbursement of expenses
10.1 If you are a consumer and place an order with us for a purpose that cannot be attributed to your commercial or professional activity, we shall be liable for damages in accordance with the statutory provisions.
10.2 If you place your order with us as a business, the following applies in the event of our contractual liability for damages in accordance with clauses 10.2 to 10.8:
10.2.1 If the claims are based on an intentional breach of duty by us, our representatives or our vicarious agents, we are liable for damages in accordance with the statutory provisions. If the claims are based on a grossly negligent breach of duty by us or our representatives or vicarious agents, liability is limited to the foreseeable, typically occurring damage.
10.2.2 If we or our representatives or vicarious agents have culpably breached an obligation, the fulfilment of which makes the proper execution of the contract possible in the first place, the breach of which endangers the achievement of the purpose of the contract and on whose compliance the customer regularly relies - and there is no case of liability under the statutory provisions - liability is limited to the foreseeable, typically occurring damage.
10.2.3 Unless otherwise provided in clauses 10.2.1 and 10.2.2, our liability for damages is excluded. The same applies if recourse claims are asserted against us as the supplier in accordance with Section 478 of the German Civil Code (BGB).
10.3 The exclusions and limitations of liability under Section 10.2 also apply to other claims, in particular tort claims or claims for reimbursement of wasted expenditure instead of performance.
10.4 The exclusions and limitations of liability under section 10.2 do not apply to any existing claims pursuant to Sections 1 and 4 of the Product Liability Act or due to culpable injury to life, body or health. They also do not apply if we have given a guarantee for the quality of our goods or a successful performance or a procurement risk and the guarantee case has occurred or the procurement risk has been realized.
10.5 We shall only be liable for the assumption of a procurement risk if we have expressly assumed the procurement risk in writing.
10.6 Unless the limitation of liability in accordance with section 10.2 applies to claims arising from producer liability in accordance with Section 823 of the German Civil Code (BGB), our liability is limited to the compensation provided by the insurance company. If this does not occur or does not occur in full, we are liable up to the amount of the sum insured. This section does not apply in the event of culpable injury to life, body or health.
10.7 To the extent that our liability is excluded or limited, this also applies to the personal liability of our employees, workers, staff, representatives and vicarious agents.
10.8 The above provisions do not involve a reversal of the burden of proof.
§11 Customer Service
If you have any questions, complaints or claims, please contact us. You can reach us Monday - Friday from 9:00 a.m. to 4:00 p.m. by phone at 09653/657989-0 or by email at info@goatsmoke.de.
§12 Legal system, place of jurisdiction
12.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
12.2 For consumers, this choice of law shall apply only to the extent that it does not deprive them of mandatory provisions of the law of the country in which they have their habitual residence.
12.3 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship shall be the registered office of our company in Landsberg am Lech.
§13 Miscellaneous
13.1 The contract languages are German and English.
13.2 If one or more provisions of these General Terms and Conditions are invalid, the remainder of the contract shall remain valid. To the extent that the provisions are invalid, the content of the contract shall be governed by the statutory provisions.
13.3 Online platform (OS platform) for out-of-court dispute resolution
As an online retailer, we are obliged to refer you to the European Commission's online dispute resolution platform (ODR). This can be accessed via the following internet address: Link to the European Commission's platform.