Terms of service

AGBs General Terms and Conditions with Customer Information Table of contents 1. Scope 2. Conclusion of contract 3. Right of withdrawal 4. Prices and terms of payment 5. Delivery and shipping conditions 6. Granting of rights of use for digital content 7. Retention of title 8. Liability for defects (warranty) 9. Redemption of gift vouchers 10. Applicable law 11. Place of jurisdiction 12. Alternative dispute resolution 1) Scope 1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Cala Hookah UG (haftungsbeschränkt) (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed. 1.2 These GTC shall apply accordingly to contracts for the delivery of digital content, unless expressly provided otherwise. 1.3 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless expressly provided otherwise. 1.4 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity. 1.5 Digital content within the meaning of these GTC is all data that is not on a physical data carrier, is produced in digital form and is made available by the Seller under the granting of certain rights of use regulated in more detail in these GTC. 2) Conclusion of contract 2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer. 2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process. Furthermore, the customer may also submit the offer to the seller by telephone, e-mail or post. 2.3 The Seller may accept the Customer's offer within five days, • by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer is decisive, or • by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or • by requesting payment from the customer after the order has been placed. If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent. 2.4 If a payment method offered by PayPal is selected, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms and conditions of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process. 2.5 When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer's order has been sent. The Seller shall not make the text of the contract accessible beyond this. If the customer has set up a user account in the Seller's online shop before sending his order, the order data will be archived on the Seller's website and can be accessed by the customer free of charge via his password-protected user account by providing the corresponding login data. 2.6 Before bindingly placing the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process. 2.7 The German and English languages are available for the conclusion of the contract. 2.8 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered. 2.9 When placing an order for tobacco products, the customer confirms that he or she has reached the legally required minimum age by submitting the order. The Seller shall use an age verification system to ensure that the customer has reached the legally required minimum age. The goods will therefore only be handed over if the customer's age has been successfully checked and authenticated beforehand. 3) Right of withdrawal 3.1 Consumers are generally entitled to a right of withdrawal. 3.2 More detailed information on the right of withdrawal can be found in the Seller's instructions on withdrawal. 3.3 The right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract. 4) Prices and terms of payment 4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description. 4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union. 4.3 The payment option(s) will be communicated to the Customer in the Seller's online shop. 4.4 If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date. 4.5 If the payment method "PayPal Credit" (payment by instalments via PayPal) is selected, the Seller assigns its payment claim to PayPal. Before accepting the Seller's declaration of assignment, PayPal shall carry out a creditworthiness check using the transmitted customer data. The seller reserves the right to refuse the payment method "PayPal Credit" to the customer in case of a negative check result. If the payment method "PayPal Credit" is approved by PayPal, the customer must pay the invoice amount to PayPal at the conditions specified by the seller, which are communicated to him in the seller's online shop. In this case, he can only make payment to PayPal with debt-discharging effect. However, the seller shall remain responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, revocation declarations and deliveries or credit notes, even in the event of assignment of the claim. 4.6 If the payment method "SOFORT" is selected, the payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account that has been activated for participation in "SOFORT", identify himself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is then immediately carried out by "SOFORT" and the customer's bank account is debited. More detailed information on the "SOFORT" payment method is available to the customer on the Internet at https://www.klarna.com/sofort/. 4.7 If a payment method offered via the payment service "Shopify Payments" is selected, the payment will be processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the customer in the Seller's online shop. For the processing of payments, Stripe may use other payment services, for which special payment conditions may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de. 4.8 If the payment method purchase on account is selected, the purchase price shall become due after the goods have been delivered and invoiced. In this case, the purchase price shall be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop. 4.9 If the payment method purchase on account is selected, the purchase price shall become due after the goods have been delivered and invoiced. In this case, the purchase price shall be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop. The Seller further reserves the right to carry out a credit check when selecting the payment method purchase on account and to reject this payment method in the event of a negative credit check. 4.10 If the payment method "PayPal invoice" is selected, the Seller assigns its payment claim to PayPal. Before accepting the Seller's declaration of assignment, PayPal shall carry out a creditworthiness check using the transmitted customer data. The Seller reserves the right to refuse the customer the payment method "PayPal invoice" in the event of a negative check result. If the payment method "PayPal invoice" is permitted by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receipt of the goods, unless he is given a different payment deadline by PayPal. In this case, he can only make payment to PayPal with debt-discharging effect. However, the Seller shall remain responsible for general customer enquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes, even in the event of assignment of the claim. In addition, the General Terms and Conditions of Use for the Use of PayPal's Purchase on Account apply, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/pui-terms. 4.11 If the payment method purchase on account via secupay is selected, the purchase price shall become due after the goods have been delivered and invoiced. In this case, the purchase price shall be paid without deduction to secupay S.A., 19, rue du Bitbourg, L-1273 Luxembourg (www.secupay.ag) within 14 (fourteen) days of receipt of the invoice. The payment method purchase on account requires a successful credit check by secupay S.A.. If the customer is permitted to purchase on account after the creditworthiness has been checked, the payment shall be processed in cooperation with secupay S.A., to which the seller shall assign his payment claim. In this case, the customer may only make payment to secupay S.A. with debt-discharging effect. Even if the payment method purchase on account via secupay is selected, the seller shall remain responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, revocation declarations and deliveries or credit notes. The Seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop. 4.12 If the SEPA direct debit payment method is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before expiry of the deadline for the advance information. The direct debit shall be collected when the ordered goods leave the Seller's warehouse, but not before expiry of the deadline for the advance information. Pre-notification is any communication (e.g. invoice, policy, contract) from the seller to the customer announcing a debit by SEPA Direct Debit. If the direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit even though he is not entitled to do so, the customer shall bear the fees incurred by the respective credit institution as a result of the chargeback if he is responsible for this. 4.13 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The credit card payment method is processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag) to which the Provider assigns its payment claim. secupay AG collects the invoice amount from the customer's specified credit card account. In the event of assignment, payment can only be made to secupay AG with debt-discharging effect. The credit card shall be debited immediately after the customer's order has been sent in the online shop. Even if the payment method credit card payment via secupay AG is selected, the provider shall remain responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, revocation declarations and deliveries or credit notes. 5) Delivery and shipping conditions 5.1 The delivery of goods shall be made by dispatch to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing shall be decisive. 5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. In the event of an effective exercise of the right of revocation by the customer, the provision made in the seller's revocation instructions shall apply to the costs of returning the goods. 5.3 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the seller is not responsible for the non-delivery and the seller has concluded a specific covering transaction with the supplier with due diligence. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay. 5.4 In the event of self-collection, the Seller shall first inform the Customer by e-mail that the goods ordered by the Customer are ready for collection. After receipt of this e-mail, the customer may collect the goods from the seller's registered office by arrangement with the seller. In this case, no shipping costs will be charged. 5.5 Digital content shall be provided to the customer exclusively in electronic form as follows: - by e-mail 5.6 Vouchers shall be provided to the Customer as follows: • per download • by e-mail • postal 6) Granting of rights of use for digital content 6.1 Unless otherwise stated in the description in the Seller's online shop, the Seller grants the Customer the non-exclusive right, unlimited in terms of time and place, to use the content provided for private and business purposes. 6.2 A transfer of the contents to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted unless the Seller has agreed to a transfer of the contractual licence to the third party. 6.3 The granting of rights shall only become effective when the customer has paid the contractually owed remuneration in full. The Seller may provisionally permit the use of the contractual content even before this point in time. Such provisional permission shall not constitute a transfer of rights. 7) Retention of title If the seller makes advance payment, he shall retain ownership of the delivered goods until the purchase price owed has been paid in full. 8) Liability for defects (warranty) 8.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply. 8.2 Notwithstanding the foregoing, the following shall apply to used goods: Claims for defects are excluded if the defect only occurs after the expiry of one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period. However, the reduction of the liability period to one year does not apply • for items that have been used for a building in accordance with their customary use and have caused its defectiveness, • for claims for damages and reimbursement of expenses of the customer, as well as • in the event that the seller has fraudulently concealed the defect. 8.3 If the customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects. 9) Redemption of gift vouchers 9.1 Gift vouchers that can be purchased via the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the Gift Voucher. 9.2 Gift Vouchers and remaining Gift Voucher balances are redeemable until the end of the third year following the year of purchase of the Gift Voucher. Remaining credits will be credited to the customer until the expiry date. 9.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible. 9.4 Only one gift voucher can be redeemed per order. 9.5 Gift Vouchers can only be used to purchase Goods and cannot be used to purchase any other Gift Vouchers. 9.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference. 9.7 The balance of a Gift Voucher will not be paid out in cash or earn interest. 9.8 The Gift Voucher is only intended for use by the person named on it. Transfer of the Gift Voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material eligibility of the respective Gift Voucher Holder. 10) Applicable law 10.1 All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. 10.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract. 11) 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 the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's registered office. If the customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the Seller shall in any case be entitled to bring an action before the court at the Customer's place of business. 12) Alternative dispute resolution 12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. 12.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.