General Terms and Conditions and Customer Information(AGB)
I. General Terms and Conditions (GTC)
§ 1 Basic provisions
The following business terms are applicable to all the contracts, which you conclude as a supplier (vapepuff.de) via our website vapepuff.com with us. Unless otherwise agreed, the inclusion of your own terms and conditions, which you may use, is contradicted.
A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is any natural or legal person or partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its independent professional or commercial activity.
§ 2 Conclusion of contract
The subject of the contract is the sale of goods.
By placing the respective products on our website, we make you a binding offer to conclude a contract under the conditions specified in the item description via the online shopping cart system.
The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After clicking on the "Checkout" or "Continue to order" button and entering your personal data as well as the payment and shipping conditions, the order data is finally displayed as an order overview.
If you use an instant payment system (e.g. PayPal, Amazon Pay, Sofortüberweisung, giropay) as a payment method, you will either be redirected to the order overview in our online store or to the website of the provider of the instant payment system. If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed on the page of the instant payment system or after you have been redirected back to our online store.
Before submitting the order, you have the option of checking the details in the order overview again, changing them or canceling the purchase. By sending the order via the corresponding button ("order with obligation to pay", "buy", "buy now", "order with obligation to pay", "pay", "pay now" or similar), you declare legally binding acceptance of the offer, whereby the contract is concluded.
The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided to us is correct and that the receipt of e-mails is technically ensured and in particular not prevented by spam filters.
§ 3 Individually designed goods
You shall provide us with the suitable information, texts or files required for the individual design of the goods after conclusion of the contract at the latest via the online ordering system or by e-mail. Any specifications regarding file formats must be observed.
You undertake not to transmit any content that infringes the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also includes the costs of any legal representation required in this connection.
We do not check the transmitted data for correctness of content and therefore accept no liability for errors.
§ 4 Right of retention, retention of title
You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
The goods remain our property until the purchase price has been paid in full.
§ 5 Warranty
The statutory warranty rights apply.
As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will have no effect on your statutory warranty claims.
If a characteristic of the goods deviates from the objective requirements, this shall only be deemed to have been agreed if you were informed of this by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 6 Choice of law
German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favorability).
The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
§ 7 Protection of minors
When selling goods that are subject to the regulations of the Youth Protection Act, we only enter into contractual relationships with customers of legal age. The existing age limit is indicated in the respective item description.
By submitting your order, you confirm that you have reached the legally required minimum age and that your name and address details are correct. You are obliged to ensure that only you or persons of legal age authorized by you receive the goods.
Insofar as we are obliged by law to carry out an age check, we instruct the logistics service provider commissioned with the delivery to hand over the delivery only to persons of legal age and, in case of doubt, to have the recipient's identity card presented for age verification.
If specified in the respective item description, you must be 18 years of age or older to purchase the goods. In this case, paragraphs 1-3 apply accordingly.