General Terms and Conditions (AGB)
Smokeless is a company of e liquid handel papen
Address Waldstrasse 2 63179 Obertshausen
Bank iban: DE40440100460338978465 Bic: PBNKDEFF
§ 1
Scope & Defense Clause
(1) For the legal relations justified over this Internet Shop between the operator of the Shops (in the following "offerer") and its customers exclusively the following general trading conditions apply in the respective version at the time of the order.
(2) Deviating general terms and conditions of the customer shall be rejected.
§ 2
Conclusion of the contract
(1) The presentation of the goods in the internet shop does not constitute a binding offer by the supplier to conclude a contract of sale; the customer is thereby merely requested to submit an offer by placing an order. (2) By submitting the order in the internet shop, the customer submits a binding offer directed to the conclusion of a contract of sale for the goods contained in the shopping basket. By submitting the order, the customer also acknowledges these terms and conditions of business as being solely authoritative for the legal relationship with the supplier. (3) The supplier confirms the receipt of the customer's order by sending a confirmation e-mail. This order confirmation confirms the receipt of the customer's order by sending a confirmation e-mail. This order confirmation confirms the order.
§ 3
retention of title
The supplied commodity remains up to the complete payment in the property of the offerer.
§ 4
maturity
Payment of the purchase price is due upon conclusion of the contract.
§ 5
warranty
(1) The customer's warranty rights shall be governed by the general statutory provisions, unless otherwise specified below. The provisions in § 6 of these General Terms and Conditions shall apply to the customer's claims for damages against the provider. (2) The limitation period for the customer's warranty claims shall be 2 years for consumers in the case of newly manufactured goods and 1 year for used goods.
The aforementioned shortening of the limitation periods does not apply to claims for damages by the customer due to injury to life, limb or health as well as to claims for damages due to a breach of fundamental contractual obligations. Fundamental contractual obligations are those whose fulfilment is necessary to achieve the goal of the contract, e.g. the provider must hand over the item to the customer free of material defects and defects of title and
to get ownership of her.
The above shortening of the limitation periods also does not apply to claims for damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.
In the case of entrepreneurs, the following is also excluded from the shortening of the limitation periods
the right of recourse according to § 478 BGB.(3) A guarantee is not declared by the provider.
The aforementioned shortening of the limitation periods does not apply to claims for damages by the customer due to injury to life, limb or health as well as to claims for damages due to a breach of fundamental contractual obligations. Fundamental contractual obligations are those whose fulfilment is necessary to achieve the goal of the contract, e.g. the provider must hand over the item to the customer free of material defects and defects of title and
to get ownership of her.
The above shortening of the limitation periods also does not apply to claims for damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.
In the case of entrepreneurs, the following is also excluded from the shortening of the limitation periods
the right of recourse according to § 478 BGB.(3) A guarantee is not declared by the provider.
§ 6
disclaimer
(1) Claims for damages by the customer are excluded, unless otherwise specified below. The above exclusion of liability also applies to the legal representatives and vicarious agents of the provider, insofar as the customer asserts claims against them. (2) Excluded from the exclusion of liability specified in section 1 are claims for damages due to injury to life, limb, health and claims for damages arising from the breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract, e.g. the provider must hand the item to the customer free of material defects and defects in title and
Also excluded from the exclusion of liability is the liability for damages resulting from an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. (3) The provisions of the Product Liability Act (ProdHaftG) remain unaffected.
Also excluded from the exclusion of liability is the liability for damages resulting from an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. (3) The provisions of the Product Liability Act (ProdHaftG) remain unaffected.
§ 7
Prohibition of assignment and pledging
The assignment or pledging of the customer to the supplier is entitled to the
Claims or rights are excluded without the consent of the provider, provided that the customer
does not prove a justified interest in the assignment or pledging.
Claims or rights are excluded without the consent of the provider, provided that the customer
does not prove a justified interest in the assignment or pledging.
§ 8
set-off
The customer shall only have a right of set-off if his claim for set-off has been legally established or is undisputed.
§ 9
Choice of law & place of jurisdiction
(1) The contractual relations between the provider and the customer shall be governed by the laws of the Federal Republic of Germany. Excluded from this choice of law are the following
consumer protection regulations of the country in which the customer is domiciled.
The application of the UN Convention on Contracts for the International Sale of Goods is excluded. (2) The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the registered office of the provider, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.
consumer protection regulations of the country in which the customer is domiciled.
The application of the UN Convention on Contracts for the International Sale of Goods is excluded. (2) The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the registered office of the provider, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.
§ 10
Severability clause
Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.