AGB
Scope
Für alle Lieferungen und Leistungen von Cigar Embassy e.K., Inhaber Torger Brunken (nachfolgend „Cigar Embassy“) [Imprint] to consumers, these General Terms and Conditions (GTC) shall apply. A consumer is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed.
The following shall apply vis-à-vis entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
Contracting party, conclusion of contract
The purchase contract is concluded with Cigar Embassy, owner: Torger Brunken, Am Neutor 1, 53113 Bonn.
The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. By clicking the button "Buy" / "Order subject to payment" you place a binding order for the goods contained in the shopping basket. The confirmation of receipt of the order follows immediately after the order has been sent and does not yet constitute acceptance of the contract. We can accept your order by sending an order confirmation by e-mail or by delivering the goods within the stated delivery time.
Prices and shipping costs
The prices quoted are final prices including VAT. The amount shown at the time of the binding order applies. Shipping costs are added, which depend on the shipping method and the size and weight of the item(s) you have ordered. You can find out about the details under "Shipping"inform us. We will bear the regular costs of the return shipment within Germany, which arise in the event of a return of the goods by you exercising your right of revocation. If you exercise your right of cancellation, we will also refund the shipping costs.
In all other respects, the regulations which are reproduced in detail in the following
Cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
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 or has taken possession of the goods.
Um Ihr Widerrufsrecht auszuüben, müssen Sie uns, Cigar Embassy e.K., Inh. Torger Brunken, Am Neutor 5, 53113 Bonn, Deutschland, Tel.: +49 228 92985599 mittels einer eindeutigen Erklärung (z.B. ein mit der Post versandter Brief, Telefax oder E-Mail) über Ihren Entschluss, diesen Vertrag zu widerrufen, informieren. Sie können dafür das nachfolgende Muster-Widerrufsformular verwenden, das jedoch nicht vorgeschrieben ist.
Sample cancellation form
(If you wish to cancel the contract, please complete this form and return it to us).
- An Cigar Embassy, Am Neutor 5, 53113 Bonn, info@cigarembassy.de
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)/order number(*)/invoice number(*)- name of consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in the case of notification on paper)
- Date
(*) Delete as applicable.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us or to (insert here the name and address of the person authorised by you to receive the goods, if applicable) without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days.
We shall bear the direct costs of returning the goods, provided that this takes place within Germany.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
- End of the cancellation policy -
Payment
Payment is made on delivery by means of
Default of payment
If you are in default of payment, Cigar Embassy is entitled to demand interest on arrears at a rate of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. If Cigar Embassy has demonstrably incurred higher damage due to default, Cigar Embassy is entitled to assert this.
Right of retention
The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
Delivery
(1) Delivery shall be made to the delivery address specified by the customer.
Please observe the import regulations of your country and, if necessary, point out any special features of the import regulations to us so that we can observe them as best as possible for deliveries to countries outside the Federal Republic of Germany. In this context, we also decline any responsibility for delivered goods that the consumer should not have ordered.
We also do not assume any costs associated with the delivery, such as customs duty, storage charges, etc. Unless there is a formal agreement or approval allowing a deviation, all tobacco products will be shipped with the German tobacco tax marks issued for this reason.
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes the delivery or other service permanently impossible, Cigar Embassy's obligation to perform is excluded. Amounts already paid will be refunded immediately by Cigar Embassy.
(3) Cigar Embassy can also refuse performance insofar as this requires an effort that is grossly disproportionate to the customer's interest in the fulfilment of the purchase contract, taking into account the content of the purchase contract and the dictates of good faith. Amounts already paid will be refunded by Cigar Embassy without delay.
(4) Bulky goods are usually delivered by a forwarding agent. Cigar Embassy expressly points out that these goods are not carried into the house.
Favourable shipping method for returns
(1) When returning the goods and accessories, please use the original packaging if possible, even if this should be damaged by an opening for functional testing.
(2) Please use the easiest and cheapest shipping method to return the goods, comparable to the shipping method by which you received the goods. However, if you choose an unnecessarily expensive shipping method (e.g. express), you may be obliged to pay us the increased costs compared to a cheaper shipping method.
Retention of title
The delivered goods remain the property of Cigar Embassy until all claims against the customer arising from the purchase contract have been settled in full. As long as this retention of title exists, the customer may neither resell nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods.
Defect rights
(1) If a product is already defective upon delivery (warranty case), Cigar Embassy will, at the customer's discretion, replace it with a defect-free product or have it professionally repaired at Cigar Embassy's expense (supplementary performance). The customer is informed that there is no warranty case if the product had the agreed quality at the transfer of risk. A warranty case does not exist in particular in the following cases:
a) in the event of damage caused to the customer by misuse or improper use,
b) in the event of damage caused by the products having been exposed to harmful external influences at the customer's premises (in particular extreme temperatures, humidity, exceptional physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
(2) Furthermore, Cigar Embassy does not provide any warranty for a defect caused by improper repair by a service partner not authorised by the manufacturer.
(3) Erfordert die vom Kunden gewünschte Art der Nacherfüllung (Ersatzlieferung oder Reparatur) einen Aufwand, der in Anbetracht des Produktpreises unter Beachtung des Vertragsinhaltes und der Gebote von Treu und Glauben in einem groben Missverhältnis zu dem Leistungsinteresse des Kunden steht – wobei insbesondere der Wert des Kaufgegenstandes im mangelfreien Zustand, die Bedeutung des Mangels und die Frage zu berücksichtigen sind, ob auf die andere Art der Nacherfüllung ohne erhebliche Nachteile für den Kunden zurückgegriffen werden kann – beschränkt sich der Anspruch des Kunden auf die jeweils andere Art der Nacherfüllung. Das Recht von Cigar Embassy, auch diese andere Art der Nacherfüllung unter der vorgenannten Voraussetzung zu verweigern, bleibt unberührt.
(4) Both in the case of repair and in the case of replacement, the customer is obliged to send the product at the expense of Cigar Embassy to the return address provided by it, stating the order number. Before sending in the product, the customer must remove any objects inserted by him from the product. Cigar Embassy is not obliged to inspect the product for the insertion of such items. Cigar Embassy is not liable for the loss of such items, unless it was readily apparent to Cigar Embassy at the time the product was returned that such an item had been inserted into the product (in which case Cigar Embassy will inform the customer and hold the item ready for collection by the customer; the customer will bear the costs incurred in doing so). The customer must also, before sending in a product for repair or replacement, make separate backup copies of the system software, applications and all data on the product on a separate data carrier, if necessary, and deactivate all passwords. No liability is assumed for loss of data. Likewise, after the repaired product or the replacement product has been returned to the customer, it is the customer's responsibility to install the software and data and reactivate the passwords.
(5) If the customer sends the goods in order to obtain a replacement product, the return of the defective product shall be governed by the following provision: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer shall reimburse the value of the benefits derived by him. The customer shall pay compensation for the value of any loss or further deterioration of the goods not caused by the defect and for the impossibility of surrendering the goods not caused by the defect in the period between delivery of the goods and return of the goods. The customer shall not be obliged to pay compensation for the deterioration of the goods caused by the intended use of the goods. Furthermore, the obligation to pay compensation for lost value shall not apply to the return of a defective product in the event of a warranty claim,
a) if the defect entitling to withdrawal has only become apparent during processing or transformation,
b) if Cigar Embassy is responsible for the deterioration or loss or the damage would also have occurred at Cigar Embassy,
c) if the deterioration or loss occurred at the customer's premises although the customer exercised the care that he is accustomed to exercising in his own affairs.
(6) The customer's liability for damages in the event of a breach of the obligation to return goods for which the customer is responsible shall be governed by the statutory provisions.
(7) The customer may withdraw from the contract if the repair or replacement delivery has not resulted in a condition of the product in accordance with the contract within a reasonable period.
(8) In addition, there may also be claims against the manufacturer within the framework of a warranty granted by the manufacturer, which are governed by the corresponding warranty conditions.
(9) The legal warranty of Cigar Embassy ends two years after delivery of the goods. The period begins with the receipt of the goods.
Liability
Claims for damages are excluded - except in the case of intent or gross negligence - irrespective of the type of breach of duty, including tort.
In the event of a breach of an essential contractual obligation, we shall be liable for any negligence, but only up to the amount of the foreseeable contractual damage.
Unless a quality feature guaranteed by us is specifically intended to protect the customer against such damage, claims for loss of profit, saved expenses, from claims for damages by third parties as well as for other indirect and consequential damage cannot be demanded if the customer is an entrepreneur within the meaning of § 14 BGB.
The limitations and exclusions of liability in paragraphs 1, 2 and 3 do not apply to claims which have arisen due to fraudulent conduct on our part, as well as in the case of liability for guaranteed characteristics, for claims under the Product Liability Act and damages arising from injury to life, limb or health.
This also applies to their employees, representatives and vicarious agents insofar as our liability is excluded or limited.
Applicable law
The contract concluded between you and Cigar Embassy is subject exclusively to the law of the Federal Republic of Germany with the express exclusion of the UN Convention on Contracts for the International Sale of Goods. The mandatory provisions of the state in which you have your habitual residence remain unaffected.
Place of jurisdiction
If you are a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch), a legal entity under public law or a special fund under public law, or if, contrary to the information you provided when placing your order, you do not have a place of residence in the Federal Republic of Germany, or if you transfer your place of residence abroad after conclusion of the contract, or if your place of residence is unknown at the time the action is brought, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our place of business in Bonn. German law shall apply to all contractual agreements with the exception of the UN Convention on Contracts for the International Sale of Goods. Should individual provisions of our GTC be invalid or void, this shall not affect the validity of the remaining provisions of this contract.
Youth protection
If goods are purchased that are subject to the protection of minors, an age verification is carried out by means of suitable measures in order to check the identity and age of the buyer. The goods will only be handed over if the customer has been able to prove that he or she is of age. By placing an order, the consumer confirms that he or she is at least 18 years old. In addition, the buyer guarantees that his age, name and address are correct and he must ensure that only he or a person of legal age authorised by him accepts delivery of the products. If persons under the age of 18 place orders based on false information or without the consent of their legal guardian of full age, Cigar Embassy already withdraws from these contracts in accordance with 111 BGB. Cigar Embassy reserves the right to initiate criminal proceedings in addition to the withdrawal in accordance with 111 BGB if it gains positive knowledge of an order that was started by providing false information, in particular age information. In the case of minors who order under false information, the adult authorised representatives are liable to Cigar Embassy for all damages caused by orders placed under false information.
Dispute resolution
General information requirements for alternative dispute resolution in accordance with Art. 14 (1) ODR Regulation and § 36 VSBG (Consumer Dispute Resolution Act):
The European Commission provides an online dispute resolution (ODR) platform, which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
Final provisions
(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract insofar as a contracting party is not unreasonably disadvantaged thereby.
(2) Amendments or supplements to this contract must be made in writing.