A.G.B.
General terms and conditions with customer information
1. scope
2. offers and service descriptions
3. order process and conclusion of contract
4. prices and shipping costs
5. delivery, availability of goods
6. payment modalities
7. retention of title
8. warranty for material defects and guarantee
9. liability
10. storage of the contract text
11. final provisions
1. scope
1.1 For all orders placed with the online store https://hemmys.de, Hemmys finest cigars & more, Welfenallee 6 in 13465 Berlin - Tel.: 030 - 40107774 (hereinafter referred to as "Seller") as a customer, the following General Terms and Conditions ( hereinafter referred to as "GTC" ) shall apply exclusively in the version valid at the time of the order.
You can access and print out the currently valid GTC on our website at https://hemmys.de/allgemeine-geschäftsbedingungen.
1.2 You can reach our customer service for questions, complaints and complaints on weekdays from 12 to 22 clock. ( info@hemmys.de / 030 40 10 7774 )
1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).
1.4 Deviating terms and conditions of the Customer shall not be recognized unless the Seller expressly agrees to their validity.
1.5 The goods offered in our online store are intended exclusively for buyers who have reached the age of 18.
2. offers and service descriptions
The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. Performance descriptions in catalogs as well as on the websites of the seller do not have the character of an assurance or guarantee.
All offers are valid "while stocks last" unless otherwise noted with the products.
3. order process and conclusion of contract
3.1 The Customer may select products from the Seller's assortment without obligation and collect them in a so-called shopping cart via the button [add to cart]. Within the shopping cart, the product selection can be changed, e.g. deleted. Subsequently, the customer can proceed within the shopping cart via the button [Continue to checkout] to complete the ordering process.
3.2 By clicking the button [order with obligation to pay], the customer submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and go back to the shopping cart using the browser function "back" or cancel the ordering process altogether. Required information is marked with an asterisk (*).
3.3 After the customer has clicked the button ( order with obligation to pay ), the seller sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out via the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the seller has received the customer's order and does not constitute acceptance of the application. The purchase contract is not concluded until the seller has shipped or handed over the ordered product to the customer within 2 days or has confirmed the shipment to the customer within 2 days with a second e-mail, explicit order confirmation or sending of the invoice.
3.4 If the Seller allows payment in advance, the contract shall be concluded upon provision of the bank details and request for payment. If the payment is not received by the seller within 10 calendar days after sending the order confirmation, the seller withdraws from the contract with the consequence that the order is invalid and the seller is not obliged to deliver. A reservation of the article in the case of advance payment is therefore made for a maximum of 10 calendar days.
4. prices and shipping costs
4.1 All prices stated on the Seller's website are inclusive of the applicable statutory VAT and do not include the respective shipping costs.
4.2 In addition to the stated prices, the Seller shall charge shipping costs for the delivery. The shipping costs will be clearly communicated to the Buyer on a separate information page and during the ordering process.
5. delivery, availability of goods
5.1 Unless otherwise agreed, the goods shall be delivered from our warehouse to the address specified by you. Insofar as advance payment has been agreed, delivery shall be made after receipt of the invoice amount.
5.2 If the delivery of the goods fails through the fault of the buyer despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.3 If the ordered product is not available because the Seller is not supplied with this product by its supplier through no fault of its own, the Seller may withdraw from the contract. In this case, the Seller will immediately inform the Customer and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the customer does not want a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already paid.
5.4 Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
5.5 Please have an ID card or other identification document ready for delivery, as the postal company will require age verification from the recipient upon delivery. For legal reasons, alcoholic beverages and tobacco products may not be given to minors.
6. payment modalities
6.1 The customer can choose from the available payment methods within the framework of and before the conclusion of the order process. Customers will be informed about the available payment methods on a separate information page. The selection of the respective available payment methods is incumbent upon us. In particular, we reserve the right to offer you only selected payment methods for payment, for example to hedge our credit risk.
6.2 If payment by invoice is possible, payment must be made within 30 days after receipt of the goods and the invoice. For all other methods of payment, payment must be made in advance without deduction.
6.3 If third-party providers are commissioned with the payment processing, e.g. Paypal, their general terms and conditions shall apply.
6.4 If the due date for payment is determined according to the calendar, the customer shall already be in default by missing the deadline. In this case, the customer shall pay the statutory default interest in the amount of 5 percentage points above the base interest rate. For each reminder sent to you after the occurrence of the default, you will be charged a reminder fee of 2.50 euros, unless in individual cases a lower or higher damage is proven.
6.5 The Customer's obligation to pay default interest shall not preclude the Seller from claiming further damages for default.
6.6 The customer shall only have a right of set-off if its counterclaims have been legally established or recognized by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.
7. retention of title
Until full payment, the delivered goods remain the property of the seller.
8. warranty for material defects and guarantee
8.1 The warranty shall be determined in accordance with statutory provisions.
8.2 A warranty exists for the goods delivered by the Seller only if it has been expressly given. Customers are informed about the warranty conditions before initiating the ordering process.
9. liability
9.1 The following exclusions and limitations of liability shall apply to Seller's liability for damages, without prejudice to the other statutory prerequisites for claims.
9.2 The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
9.3 Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the Customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences.
9.4 The above limitations of liability shall not apply in the event of injury to life, limb and health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected.
9.5 Insofar as the liability of the Seller is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
10. storage of the contract text
10.1 The Customer may print the text of the contract before submitting the order to the Seller by using the print function of his browser in the last step of the order.
10.2 The Seller shall also send the Customer an order confirmation with all order data to the e-mail address provided by the Customer. With the order confirmation, but at the latest upon delivery of the goods, the customer will also receive a copy of the terms and conditions together with the cancellation policy and the information on shipping costs and delivery and payment terms. If you have registered in our store, you can view your orders in your profile area. In addition, we store the contract text, but do not make it accessible on the Internet.
11. Right of withdrawal
You have the right within fourteen days without giving reasons
to revoke this contract.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise your right of withdrawal, you must send us a clear declaration (e.g. a letter sent by post).
letter, fax or e-mail) of your decision to terminate this contract.
revoke, inform. You can use the attached
Use model withdrawal form, which, however, is not mandatory.
To comply with the revocation period, it is sufficient that you send the notice to
on the exercise of the right of withdrawal before the expiry of the withdrawal period
Submit.
Consequences of the revocation
If you revoke this contract, we have given you all the
Payments that we have received from you, including the
Delivery costs (with the exception of the additional costs arising from this
that you have requested a different type of delivery than the one we have
the offered, favorable standard delivery), without undue delay and
within fourteen days at the latest from the day on which the
notice of your revocation of this contract has been received by us.
For this repayment, we use the same means of payment that you used for
used in the original transaction, unless you have entered into an agreement with
has been expressly agreed otherwise; in no case shall
charged to you because of this repayment. We can charge the
Refuse repayment until we have received the goods back again
or until you have provided proof that you have received the goods
returned, whichever is earlier. You
have the goods immediately and in any case no later than within
fourteen days from the day on which you notify us of the revocation of this
contract to be returned or handed over to us. The
deadline is met if you return the goods before the expiry of the period of fourteen
days. You bear the direct costs of returning the
Goods. You must pay for any loss in value of the goods only
if this loss of value is due to a loss of value that is necessary to test the
the quality, characteristics and functioning of the goods.
necessary to deal with them.
Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts
- for the delivery of goods that are not prefabricated and for which
Manufacture an individual selection or determination by the
consumer is relevant or which is clearly related to the personal
tailored to the needs of the consumer, - for the supply of
Goods that can spoil quickly or whose expiration date can be quickly
would be exceeded,
- for the delivery of sealed goods, which for reasons of the
health protection or hygiene are not suitable for return,
if their seal has been removed after delivery,
- for the delivery of goods, if these are delivered after the delivery due to
have been inseparably mixed with other goods by their nature,
- for the supply of alcoholic beverages, the price of which at
contract was agreed, but which is not earlier than 30 days after
can be delivered and whose current value is determined by
market fluctuations on which the entrepreneur has no influence.
Influence has,
- for the supply of sound or video recordings or computer software in
of a sealed package, if the seal is broken after delivery.
was removed
- for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
12. final provisions12.1 The place of jurisdiction and performance shall be the registered office of the Seller if the Customer is a merchant, a legal entity under public law or a special fund under public law.
12.2 The contractual language is German.
12.3. platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
