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§ 1 General
- These terms apply to all contracts, deliveries and
other benefits through Joseph Bach, owner of the company "Smoketown.de" Moltke Strasse 68, 31135 Hildesheim, Germany, ebay account: "Smoketownshop" (hereinafter referred to as Seller), to their customers. Differing rules the customer shall not, unless the Seller has expressly and confirmed in writing.
- The business relationship between the salesperson and the customer
subject to the laws of Germany under exclusion of
CISG.
- jurisdiction Hildesheim, where the customer is a merchant or a legal person of public law or public law Fund.
§ 2 contract conclusion and contents
- Seller offers customers in the online shop
Smoketownshop.de
Bong-mafia.de
Bongmafia.de
Smoketown-networks.com
Smoketown-networks.de
Smoketown.de
Smoketwist.com
Smoketwist.de
auction or through various platforms, different products, especially
Glass water pipes, for sale.
- In an online auction, a sale between the Seller
and by that customer, at the expiry of the duration of the auction
Highest bidder. When using the "Buy It Now" option or
the "Buy" option, the purchase contract between the Seller and
the client regardless of the expiry of the time and without further
Implementation of the auction to the then already in the option price
Agreement, if a customer exercises the option. About the conclusion of the contract is
The customer via e-mail.
- In other cases than a purchase on a
Online auction platform, the contract through the acceptance of the order
Established by the Seller. Deviations and technical changes
compared to the images or descriptions are possible. The adoption of the
The customer order will be sent by e-mail.
§ 3 Prices, Sales Tax and Payment
- When buying through an online auction platform is the price at which
the purchase is made (see § 2, para 2). In addition,
The agreed price. All prices are exclusive of
Shipping and handling costs incurred by the customer before submitting the order
Announced.
- The Seller shall give the small business provisions of Section 19 paragraph 1 UStG
claim and therefore no sales tax from.
- delivery to the customer by the seller is basically
only against advance payment by bank transfer or by payment by Paypal, at the
Settlement auctions of the customer is the user name and
Auction number. The goods are only after receipt of payment
Sent. The seller provides the customer with an invoice forwarded to him at
Delivery of goods is issued or otherwise sent in text form.
§ 4 Delivery and transfer of risk
- ordered goods, if the contract is not in derogation
agreed to by the customer supplied address. Delivery
carried from the warehouse of the seller or directly from the manufacturer. The
Seller reserves the right to make a partial delivery if this
a speedy settlement is advantageous and the partial delivery for the
Not an exceptional customer is unreasonable. Through partial deliveries resulting
Additional costs are not included in the customer account.
- information about the delivery period are not binding unless
exceptionally, the delivery by the Seller agreed to binding
Was. Product which is in stock, send the seller within 5
Working days after receipt of payment by the customer. If the goods in
Receipt of payment not in stock, the seller tries to
Fastest delivery. If non-compliance with a delivery or
Performance period to force majeure, industrial action, unforeseen obstacles
or by the Seller not to circumstances
is due, the deadline be extended.
§ 5 Revocation instruction
- Revocation:
For distance contracts, the customer may, if he is a consumer, his
Contractual declaration within one month without giving reasons in
Text form (eg letter, fax, e-mail) or - if the case before him
Let the deadline - by returning the goods. The
Period begins upon receipt of this instruction in text form, but not before
Receipt of goods by the recipient (in the recurring delivery
similar goods not before receipt of the first partial delivery) and also
not fulfilling our obligations in accordance with Section 312C para 2 BGB in
Conjunction with § 1 para 1, 2 a.m. to 4 p.m. BGB InfoV as well as our obligations in accordance with §
312e para 1 sentence 1 BGB/Germany in conjunction with § 3 BGB-InfoV/Germany. To maintain the Withdrawal period is sufficient to send the withdrawal or Thing. Unfree leiferungen be grundsätzlcih not angenommen. Cancellations should be sent to: Fa Smoketown.de, Inh Joseph Bach, Moltkestraße
68, 31135 Hildesheim, 05121/1772203,
smoketownshop [at] web [dot] com.
- Consequences:
In the case of an effective cancellation the mutually received
Benefits returned and any benefits enjoyed (eg interest)
Surrendered. Can a customer us the performance received whole or
partially or only in a deteriorated state grant, he must
Us, if necessary, the value. With the release of matters
If not, if the deterioration of the case solely on their
Test - how it around in a shop would have been possible --
Is due. For a determination by the proper use of
Case resulting deterioration must be the customer does not pay compensation for the value,
Provided that the goods he bought at Ebay.
In case of our risk return. The customer
pay the costs of return if the delivered goods ordered
and that if the price returned the case an amount of
Does not exceed 40 euros or if the customer at a higher price of
Thing at the time of the revocation yet the return or a
contractually agreed partial payment on his part. Otherwise, the
Return for the customer free of charge. Non-transportable goods
Be at the customer's premises. Obligations to refund payments
Must within 30 days are met. The period begins for the
Customers with the dispatch of your revocation or thing for us
With their reception.
§ 6 Retention of title, netting
- The delivered goods shall remain until all claims from
the contract is owned by the Seller, in the event that the customer is a legal person of public law, public law Fund or an entrepreneur in the exercise of his commercial or independent professional activity, even beyond the ongoing business relationship until all claims by the Seller in connection with the contract.
- The right to the customer only if its Counter-claims by the vendor recognized or legally binding Are. To exercise a lien, the customer only entitled to claim as his counterpart on the same contractual relationship.
§ 7 Liability for material and legal defects
- Where deficiencies exist, the customer in accordance with the following Provisions of the statutory warranty rights to:
The customer can - obvious defects in the goods delivered or
Wrong deliveries unless it shall, within one month
after delivery at a precise description in text form to the
Seller alleges. A crucial factor is the timeliness of the transmission Defects. Of defects, which are no obvious deficiencies, the Statutory warranty period of 2 years. If the contract only merchants involved, shall apply in addition to § § 377 ff HGB/Germany.
- If defects before and this time have been claimed, it is
The Seller is entitled to subsequent performance. If the subsequent performance fails, the customer is entitled to reduce the purchase price or the contract Resign. In addition, the statutory provisions.
§ 8 information requirements for shipping damage
- Be goods with obvious damage to the packaging or on
Content is delivered, the customer without prejudice to his
Guarantee rights (Article 7) immediately to the shipper / freight service
and complain immediately by e-mail (...) or otherwise
(Fax / post) with the vendor contact, so that any
Rights against the shipper / freight service may be true. The customer help
bei der Durchsetzung der Ansprüche der Verkäuferin gegen den
Freight forwarder / cargo service.
§ 9 Disclaimer
- claims for damages outside of the liability for factual and legal deficiencies
The customer may only to the Seller in willful or grossly
Negligence claim. The disclaimer does not apply to
the loss of life, body or health, and in
Breach of fundamental contractual obligations. Except for willful acts, gross
Negligence and injury to life, limb or
health, the liability of the Seller the amount of which
Conclusion typically foreseeable damage.
- Liability under the Product Liability Act and other mandatory
statutory regulations remains unaffected.
§ 10 Privacy
- The customer is aware and he agrees that the Settlement
the contract required personal data by the Seller on
Data are stored. The customer agrees to the collection, processing
and use of their personal data. The
personal data stored by the Seller
Handled confidentially. The collection, processing and
Use of personal data of customers is in compliance with the
Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).
- The customer has the right to withdraw their consent at any time with effect
For the future. The seller in this case is to
immediate cancellation of the personal data of customers. At
ongoing operations, the order cancellation after the completion of the
Ordering process.
§ 11 Severability
Are or individual provisions of these Terms
Conditions and / or they are supplemented by contract void
so will the effectiveness of the other provisions not affected. At
ineffectiveness of a single destination to find the
Contractor, a new agreement, taking into account the
mutual interests to achieve the economic purpose of the
Invalid provision as closely as possible.
Stand: July 2009 Smoketown.de | Joseph Bach
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