General Terms and Conditions and customer information of Shisha Dome
- General Terms and Conditions
General Terms and Conditions (GTC) of Shisha Dome Online (hereinafter "Shisha Dome Online"), version dated 04.11.2019
- Allgemeines & Altersverifikation
1.1 The following General Terms and Conditions apply to all contracts between Shisha Dome Online and the customer in the version valid at the time of the order.1.2 The offering of Shisha Dome Online is directed at both consumers and businesses. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. A business is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession.
1.3 The offering of Shisha Dome is directed exclusively at persons who have reached the age of 18.
1.4 For reasons of the protection of minors, we are legally obliged to ensure, as part of the ordering and delivery of our goods, that every customer is of legal age. During the ordering process we verify that the customer is of legal age by requesting the customer's date of birth and/or identity card number.
Where the customer's order includes goods whose sale is subject to age restrictions, we use a reliable procedure involving a personal identity and age check to ensure that the customer has reached the required minimum age. The goods are handed over to the customer by the delivery agent only after the age check has been completed. Handover takes place to the customer in person only.
- Formation of the contract
2.1 The following provisions on the conclusion of the contract apply to all orders placed via our website, https://shisha-dome.de/.
2.2 In the event of a contract being concluded, the contract is formed with
Alexander Dolbysev
Shisha Dome Online
84503 Altötting
Neuöttinger Str. 20
+49 86719289197
info@shisha-dome.deUmsatzsteuer-Identifikationsnummer: DE310269677
2.3 The presentation of the goods on our website, https://shisha-dome.de/does not constitute a legally binding offer of contract by Shisha Dome Online but is a non-binding invitation to the customer to place an order. By ordering the desired goods, the customer submits an offer to conclude a purchase contract that is binding on them.
2.4. The offer is accepted in writing or in text form, or by dispatching the ordered goods within one week. If acceptance does not take place within this period, the offer is deemed to have been rejected.
2.5 The customer submits a binding offer of contract when they successfully complete the ordering process in our online shop. The order is placed in the following steps:
1) Selection of the desired item and the order quantity by the customer
2) Placing the goods in the shopping cart by clicking the "Order" or "Add to cart" button
3) Checking the details of the items in the shopping cart
4) Clicking the "Checkout" button
5) Logging in to the online shop with an existing customer account or after registering a new customer account
6) A further opportunity to check and correct the data entered.
7) Binding submission of the order by clicking the "Order with obligation to pay" or "Buy" buttonBefore the customer submits their order in a binding manner after checking their details, they can return to the previous page on which the customer's details were entered by using the "Back" button of the internet browser they are using. There the customer can correct input errors or cancel the ordering process by closing the internet browser.
We confirm receipt of the order immediately by means of an automatically generated e-mail (confirmation of receipt). This confirmation of receipt does not yet constitute acceptance of the offer; it serves to confirm that the ordering process has functioned correctly. The offer is accepted in writing, in text form or by dispatching the ordered goods within one week.
- Range of goods and essential characteristics
The essential characteristics of the goods or services offered are set out in the respective item description displayed when one of the products in our shop is opened.
- Prices, shipping costs, payment, due date
4.1 The prices stated are final prices and include statutory VAT as well as other price components, with the exception of shipping costs.
4.2 Where shipping costs are incurred, these are not included in the purchase price. Any additional delivery and shipping costs are stated separately in the respective product description or are shown separately during the ordering process, and are to be borne by the customer in addition, unless free delivery has been promised.
4.3 Various payment options are available to the customer (including payment by PayPal / Sofortüberweisung); these are stated during the ordering process. Payment in cash and collection of the goods is possible where this is expressly noted in the item description.
4.4 Unless stated otherwise for the individual payment methods, payment claims arising from the concluded contract are due for payment immediately.
- Delivery
Unless clearly stated otherwise in the respective item description, all items offered are ready for immediate dispatch. Delivery then takes place within 5 working days at the latest (for advance payment by bank transfer: 10 working days from the date the customer instructs the payment). The delivery period begins on the day after the contract is concluded. If the end of the period falls on a Saturday, Sunday or public holiday at the place of delivery, the period ends on the next working day. If a delivery or performance deadline cannot be met due to force majeure, industrial action, unforeseeable obstacles or other circumstances for which the seller is not responsible, the deadline is extended accordingly.
- Retention of title
Title to the goods remains with the seller until the purchase price has been paid in full.
Right of withdrawal for consumers Consumers have a right of withdrawal in accordance with the following provisions, a consumer being any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
Withdrawal policy
Right of withdrawal
You have the right to withdraw from 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 other than the carrier and indicated by you, acquire physical possession of the goods.
To exercise your right of withdrawal, you must inform us (Alexander Dolbysev, Shisha Dome Online, 84503 Altötting, Neuöttinger Str. 20, +49 8671928919, info@shisha-dome.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.Muster-Widerrufsformular
(complete and return this form only if you wish to withdraw from the contract)
– To
Alexander Dolbysev
Shisha Dome Online
84503 Altötting
Neuöttinger Str. 20
+49 86719289197
info@shisha-dome.de– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)
– Bestellt am (*)/erhalten am (*)
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only if this form is notified on paper)
– Datum
___________
(*) Delete as appropriate.
84503 Altötting
Neuöttinger Str. 20
+49 86719289197
info@shisha-dome.de
- Liability
9.1 Shisha Dome Online is liable without limitation for intent and gross negligence.
9.2 For ordinary negligence, Shisha Dome Online – except in the case of injury to life, body or health – is liable only where material contractual obligations (cardinal obligations) are breached. Liability is limited to the damage typical of the contract and foreseeable at the time it was concluded.
9.3 Liability for indirect and unforeseeable damage, loss of production and loss of use, loss of profit, failure to make savings and financial loss arising from third-party claims is excluded in the case of ordinary negligence – except in the case of injury to life, body or health.
9.4 Any liability beyond that provided for in this contract is excluded, irrespective of the legal nature of the claim asserted. The above limitations and exclusions of liability do not, however, apply to strict liability prescribed by mandatory law (e.g. under the German Product Liability Act) or to liability arising from a guarantee given irrespective of fault.
9.5 Insofar as liability is excluded or limited under paragraphs 2 and 3, this also applies to the personal liability of the employees, staff, representatives, corporate bodies and vicarious agents of Shisha Dome Online.
- Rechtswahl/ Gerichtsstand
10.1 German law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Vis-à-vis consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.
10.2 If the contracting party is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction shall be the registered office of Shisha Dome Online The same applies to persons who have no general place of jurisdiction in Germany, to persons who have moved their domicile or habitual residence outside Germany after conclusion of the contract, and to persons whose domicile or habitual residence is unknown at the time the action is brought.
- Customer information
- Identity of the seller
Alexander Dolbysev
Shisha Dome Online
84503 Altötting
Neuöttinger Str. 20
+49 86719289197
info@shisha-dome.deUmsatzsteuer-Identifikationsnummer: DE310269677
- Information on EU dispute resolution and alternative dispute resolution
The European Commission provides a platform for online dispute resolution (ODR): http://ec.europa.eu/consumers/odr
We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.
- Information on the formation of the contract
The technical steps leading to the conclusion of the contract, the conclusion of the contract itself and the options for correcting input errors are governed by paragraph 2 of our General Terms and Conditions.
- Contract language, storage of the contract text
4.1 The contract language is German.
4.2 For orders placed via our online shop, we store the contract text and send you the order data and our GTC by e-mail. You can also view the GTC at any time on our website. You can view your past orders in our customer area under My Account –> My Orders.
- Essential characteristics of the goods or services
The essential characteristics of the goods or services offered are set out in the respective item description displayed when one of the products in our shop is opened.
- Prices and payment terms
6.1 All prices are final prices and include statutory VAT as well as all other price components, with the exception of shipping costs.
6.2 Where shipping costs are incurred, these are not included in the purchase price. Any additional delivery and shipping costs are stated separately in the respective product description or are shown separately during the ordering process, and are to be borne by the customer in addition, unless free delivery has been promised.
6.3 Various payment options are available to the customer (including payment by PayPal / Sofortüberweisung); these are stated during the ordering process. Payment in cash and collection of the goods is possible where this is expressly noted in the item description.
6.4 Unless stated otherwise for the individual payment methods, payment claims arising from the concluded contract are due for payment immediately.
- Delivery terms
7.1 Delivery takes place in accordance with paragraph 5 of our General Terms and Conditions.
7.2. If you are a consumer, it is provided by law that the risk of accidental loss and accidental deterioration of the item sold during dispatch passes to you only upon handover of the goods, irrespective of whether the dispatch is insured or uninsured. This does not apply if you have independently commissioned a carrier not named by the trader or another person appointed to carry out the dispatch.
7.3 If you are a business, delivery and dispatch are at your risk.
- Statutory liability for defects in goods
8.1. A statutory right to liability for defects exists for all goods offered. Liability for defects in our goods is governed by paragraph 8 of our General Terms and Conditions.
8.2. As a consumer, you are asked to check the goods immediately on delivery for completeness, obvious defects and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so has no effect on your statutory warranty claims.
- Information on data protection
You will find information on data protection at our company in our privacy policy.
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