Terms and Conditions

General terms and conditions with customer information

Scope
Conclusion of contract
Right of withdrawal
Prices and payment terms
Delivery and shipping conditions
Retention of title
Liability for defects (warranty)
Liability
Redeeming gift vouchers
Youth protection
Applicable law
Jurisdiction
Alternative Dispute Resolution

1) Scope

1.1
These General Terms and Conditions (hereinafter referred to as "GTC") apply to all purchase agreements for goods concluded by Smokey-Dealz GmbH, owners M. Bazargan and D. Himburg, Kieler Straße 407, 22525 Hamburg (hereinafter referred to as "Seller") with consumers or entrepreneurs (hereinafter referred to as "Customer") via the Seller's online shop.

Any differing terms and conditions of the customer shall not become part of the contract unless their validity has been expressly agreed to by us in writing.

1.2
These terms and conditions also apply to contracts for the delivery of gift vouchers , unless expressly stipulated otherwise.

1.3
“Consumer” means any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.
"Entrepreneur" is a natural or legal person or a legally capable partnership that, when concluding the contract, acts in the exercise of its commercial or independent professional activity.

2) Conclusion of contract

2.1
The products displayed in the online shop do not constitute a binding offer , but rather a non-binding invitation to the customer to submit an offer.

2.2
The customer submits their offer via the order form integrated into the online shop. After placing the desired items in the shopping cart and completing the electronic ordering process, they trigger a binding offer by clicking the "Place order" button.

2.3
The seller can accept this offer from the customer within five days by...

sends the customer an order confirmation by email or in text form, or
the goods are shipped, or
requests payment from the customer after the order has been submitted (e.g., with PayPal instant payment).

The contract comes into effect at the point in time when one of the aforementioned events first occurs.
If the seller does not accept the offer within the deadline, it is considered rejected; the customer is then no longer bound by their order.

2.4
The seller stores the contract text. After submitting the order, the customer receives an email with the order details and these terms and conditions. If the customer has created a customer account, they can view their orders there.

2.5
The customer can correct their entries at any time before finalizing the order using standard browser and form functions. All data is displayed again in a summary before the order is submitted.

2.6
The German language is the only language available for concluding the contract.

2.7
Order processing and communication generally take place via email. The customer is responsible for ensuring that the email address they provide is valid and that emails from the seller can be received (including in the spam folder).

2.8
Insofar as goods are ordered that are subject to legal age restrictions (e.g. e-cigarettes, liquids), the customer confirms by submitting the order that he has reached the legally required minimum age and will ensure that only an adult receives the goods.

3) Right of withdrawal

3.1
Consumers have a statutory right of withdrawal .

3.2
Details can be found in the cancellation policy available on the seller's website, which forms part of these terms and conditions.

4) Prices and payment terms

4.1
The prices mentioned in the product descriptions are final prices in euros and include the applicable statutory value added tax.
Any applicable shipping costs will be shown separately.

4.2
The available payment methods (e.g., prepayment via bank transfer, PayPal, instant bank transfer/Klarna, etc.) are displayed to the customer during the ordering process.

4.3
If advance payment has been agreed, the purchase price is due immediately after conclusion of the contract , unless a different due date has been agreed.

4.4
When paying via PayPal , PayPal's terms of service also apply. The customer needs either their own PayPal account or can pay as a guest, if offered.

4.5
When using "SOFORT"/Klarna instant bank transfer, payment processing is handled by the service provider Klarna/SOFORT. The customer needs an account enabled for online banking and enters their online banking login details and a TAN (transaction authentication number). The account is debited immediately.

5) Delivery and shipping conditions

5.1
Delivery will be made to the delivery address specified by the customer, unless otherwise agreed.

5.2
If a shipment cannot be delivered for reasons attributable to the customer and is returned to the seller, the customer bears the costs of the unsuccessful shipment. This does not apply if the customer effectively exercises their right of withdrawal or is not responsible for the non-delivery.

5.3
If the customer is an entrepreneur , the risk of accidental loss and accidental deterioration passes to him as soon as the seller has handed over the goods to the shipping service provider.
If the customer is a consumer , the risk generally only passes to him or an authorized recipient upon delivery of the goods.
If the consumer has commissioned the transport service provider himself, without us having named him, the risk passes to him upon handover to this service provider.

5.4
If an ordered item is permanently unavailable, the seller is entitled to withdraw from the contract. In this case, the customer will be informed immediately and any payments already made will be refunded.

5.5
Self-collection of the goods is generally not provided for and is only possible if this is expressly offered in individual cases.

5.6
Gift vouchers will be sent to the customer by email unless otherwise stated.

6) Retention of title

6.1
For consumers, the delivered goods remain the property of the seller until full payment has been received.

6.2
In the case of business customers, the seller retains ownership of all delivered goods until all claims arising from the ongoing business relationship have been fully settled.

6.3
If the customer is a business, they may resell the goods subject to retention of title in the ordinary course of business. They hereby assign to the seller in advance any claims arising from such resale against third parties up to the amount of the invoice (including VAT). The seller accepts this assignment. The customer remains authorized to collect the receivables as long as they are not in default of payment. The seller may revoke the authorization to collect the receivables and pursue the claims directly if the customer fails to meet their payment obligations or if insolvency proceedings are initiated against them.

7) Liability for defects (warranty)

The statutory warranty rights apply. In addition:

7.1
If the customer is an entrepreneur ,

The seller has the right to choose between repair or replacement;
Claims for defects in new goods expire 12 months after the transfer of risk;
Warranty rights for used goods are generally excluded;
The limitation period does not restart if a replacement delivery is made under warranty.

7.2
If the customer is a consumer , the limitation period for defects in used goods is one year from delivery of the goods – subject to the following clause.

7.3
The aforementioned restrictions do not apply:

in the case of items that, according to their usual purpose, have been used for a building and have caused its defectiveness,
in the case of fraudulently concealed defects,
in the case of claims for damages due to injury to life, body or health or damages caused intentionally/by gross negligence.

7.4
Businesses are required to inspect goods immediately upon receipt in accordance with their commercial duty to examine and report defects (§ 377 HGB). If a complaint is not made in a timely manner, the goods are deemed accepted.

7.5
Consumers are asked to report any obvious transport damage immediately to the delivery person and inform the seller. Failure to report damage does not affect statutory warranty rights, but makes it easier for the seller to pursue their own claims against the transport company.

8) Liability

8.1
The seller is fully liable:

in cases of intent and gross negligence,
in case of injury to life, body or health,
in the event of a guarantee being assumed, unless otherwise stipulated,
in cases of mandatory liability, e.g. under the Product Liability Act.

8.2
In the case of slightly negligent breach of essential contractual obligations (obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely), liability is limited to the foreseeable, typical damage.

8.3
Furthermore, there is no liability for minor negligence in the performance of duties.

8.4
The above provisions shall also apply accordingly in favor of the seller's legal representatives and agents.

9) Redemption of gift vouchers

9.1
Gift vouchers purchased in the online shop can only be redeemed in the seller's online shop, unless otherwise stated on the voucher.

9.2
Gift vouchers and any remaining balances can be redeemed until the end of the third year following the year of purchase.

9.3
Redemption must be completed before the order process is finalized . Subsequent crediting is not possible.

9.4
Multiple gift vouchers can be combined per order – provided this is technically possible.

9.5
Gift vouchers can only be used to purchase goods, not to purchase other vouchers.

9.6
If the voucher amount is insufficient, the difference can be paid using another payment method offered.

9.7
Cash payment of voucher amounts or interest on them is excluded.

9.8
Gift vouchers are transferable. The seller can fulfill their obligation by making payment to the current holder. This does not apply if the seller is aware of the holder's lack of entitlement or is grossly negligent in not being aware of it.

10) Youth protection

10.1
The sale of products subject to youth protection laws (especially e-cigarettes, liquids, nicotine-containing products) is exclusively to persons who have reached the age of 18 .

10.2
The seller uses a reliable age verification procedure (e.g. age verification during the ordering process and/or age verification upon delivery) to ensure that only adults are supplied.

10.3
The goods will only be handed over to the customer or an authorized adult. Delivery to minors is prohibited.

11) Applicable Law

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
With respect to consumers, this choice of law only applies insofar as the protection afforded is not restricted by mandatory provisions of the law of the state in which the consumer has his habitual residence.

12) Place of jurisdiction

If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business.

If the customer is domiciled outside of Germany and is acting as a business, the seller's place of business is also the exclusive place of jurisdiction. However, the seller is also entitled to bring legal action at the customer's place of business.

13) Alternative Dispute Resolution

The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

Terms and Conditions